Court Records
Case 9:08-cv-80119-KAM Document 247-5 Entered on FLSD Docket 08/05/2009 Page 1 of 8 Jane Doe #5 v. Jeffrey Epstein AFFIDAVIT OF RICHARD C.W. M.D. STATE OF FLORIDA COUNTY OF SEMINOLE On this day personally appeared before me, the undersigned authority, Richard C.W. M.D., who, being by me first duly sworn under oath deposes and says: 1. My name is Richard C.W. IS M.D. I am over the age of majority, and make this affidavit and declaration upon the basis of personal knowledge of the factual matters contained herein. 2. I have maintained a private practice in psychiatry and forensic psychiatry since 1996. 3. I, also, currently serve as a Courtesy Clinical Professor of Psychiatry at the University of Florida, College of Medicine, Gainesville, Florida; Affiliate Professor, Dept of Psychiatry and Behavioral Medicine, University of South Florida; and Professor of Psychiatry, Department of Medical Education, University of Central Florida College Medicine. 4. I received my undergraduate degree from the Johns University and 1 11 . C EFTA02745927 Case 9:08-cv-80119-KAM Document 247-5 Entered on FLSD Docket 08/05/2009 Page 2 of 8 medical degree from the University of Florida College of Medicine, Gainesville, Florida. 5. I served as a Lieutenant Commander in the United States Navy, where I researched and evaluated biological and neurochemical factors associated with the onset of psychiatric disorders and served as a representative to the Joint Services Task Force planning Operation Homecoming, the return of POW's from Vietnam. 6. I have previously served as an assistant clinical professor at the University of South Florida College of Medicine, directed one of the ten model mental health centers in the United States, and served as a medical consultant to the Kennedy Space Center. 7. I am a former member of the academic faculty at the University of Texas, in Houston, Texas where I served as Assistant Professor and then Associate Professor of Psychiatry and Internal Medicine, Director of Clinical Research, Director of Residency Training, Chief of the Consultation/Liaison Service, and Chief Psychiatrist at the M.D. Cancer Hospital in Houston. 8. I, also, have served as a Professor of Internal Medicine and Psychiatry at the Medical College of Wisconsin where I was appointed Chief of Psychiatry at the Milwaukee County and Froedtert Hospitals. 9. In addition, I have served as a Professor of Psychiatry and Internal Medicine and Associate at the University of Tennessee College of Medicine, Memphis. 10. The amended complaint filed by Jane Doe #5 against Jeffrey Epstein makes 2 EFTA02745928 Case 9:08-cv-80119-KAM Document 247-5 Entered on FLSD Docket 08/05/2009 Page 3 of 8 sensitive allegations of sexual assault and abuse upon a minor and seek damages in excess of $50 million. Jane Doe #5 alleges confusion, shame, humiliation, embarrassment, and severe psychological and emotional injuries. It is further alleged that she suffered, and will continue to suffer, severe and permanent traumatic injuries, including mental, psychological, and emotional damages. 11. She alleges the intentional infliction of emotional distress and that Mr. Epstein's conduct caused severe emotional distress, severe mental anguish and pain. 12. She further alleges that she has suffered personal injury including mental, psychological and emotional damage. 13. Plaintiff's counsel has retained an expert witness, Dr. Kliman of the Psychological Trauma Center, a division of Preventive Psychiatry Associates Medical Group, Inc., of San Francisco, California, of which Gilbert W. Kliman, MD, is the medical director. Dr. Kliman's initial records indicate the following concerning Jane Doe #5. 14. Plaintiff reports she went to three different schools in the eighth grade. (Page 3, GK Contemp note) 15. Plaintiff reports "I have had girls be mean to me and even rumor that they would slice my throat when I was younger." (Page 4, GK Contemp note) 16. Plaintiff noted that she had caught her mother and stepfather having sex. (Page 7, GK Contemp note) 3 EFTA02745929 Case 9:08-cv-80119-KAM Document 247-5 Entered on FLSD Docket 08/05/2009 Page 4 of 8 17. "I got kicked out when I was 18 (by both parents). (Page 7, GK Contemp note) 18. Plaintiff noted that her mother suffers from depression/stress. (Page 7, GK Contemp note) 19. Plaintiff noted that during her sophomore and junior years of high school she drank every weekend and started trying drugs. (Page 7, GK Contemp note) 20. "Her problems began during adolescence." (Page 7, GK Contemp note) 21. Family psychiatric history includes: a history of a blood relative having been sexually abused, plaintiff's mother was physically abused by sisters, and plaintiff's father "was very irresponsible as a father figure when I was growing up" and used drugs. (Pages 7 and 8, GK Contemp note) 22. Plaintiff noted "My stepfather hit me on a few occasions. But on one occasion, I lost hearing in my ear for two weeks." (Page 8, GK Contemp note) 23. Plaintiff reported that she has been sexually active since age 13 and had 8-10 partners. (Page 8, GK Contemp note) 24. Plaintiff reported that she had been raised by her father between ages 12 to 18 and that she found her childhood hard to remember, unhappy and painful. (Page 8, GK Contemp note) 25. Plaintiff reports that her drug use has included marijuana and pain pills without prescription and that on several occasions she has drunk too much alcohol. (Page 4 EFTA02745930 Case 9:08-cv-80119-KAM Document 247-5 Entered on FLSD Docket 08/05/2009 Page 5 of 8 9, GK Contemp note) 26. Plaintiff reported that her mother's sisters had paid a male to rape her (the mother) in a closet at school. She had been raped three times, twice in childhood and once on a date. Also, an uncle raped the mother. (Page 1, GK Follow-up note) 27. Plaintiff reported having suicidal thoughts in the 9th or 10th grade. (Page 4, GK Follow-up note) (Pre-Epstein) 28. All of the above show that this plaintiff came from an unstable and disturbed home, had been subject to previous physical and sexual abuse, was fearful, isolated, and had had suicidal ideation prior to meeting Mr. Epstein. For further elaboration of her history and background, access to all available records is crucial if one is to fully understand the impact of any of these events on her subsequent behavior and proportion the impact of specific events, if any, or her current and future level of function. 29. In Dr. Kliman's initial replenishment retainer agreement and fee schedule (date 7/18/08), in a heading entitled "Regarding Full Disclosure," Dr. Kliman notes that prior to deposition, counsel will make every effort necessary to provide experts with information requested by the experts including: 1) a list of all depositions, statements, declarations, and motions in the case, 2) a copy of any requested items, and 3) most importantly, 2 lisp of all medical, clinical, school, and work records known to the attorney in the case. 5 EFTA02745931 Case 9:08-cv-80119-KAM Document 247-5 Entered on FLSD Docket 08/05/2009 Page 6 of 8 30. Dr. Kliman notes on page 8 of his contract opinion formation that he will not form opinions, give reports, or testify in certain circumstances. These include circumstances where he has reason to believe a retaining attorney has "available important and relevant documents which ffi•g being deliberately withheld from us." "We define such as documents in possession of retaining attorney, which we have requested Qr that we have stated would ordinarily be part of medical opinion formation al the topics concerning, which our input is requested." We request the same. 31. It is critical for an IME examiner to be able to make a cogent assessment of any plaintiff and to understand their medical, social, academic, psychological and psychiatric condition/state prior to any act of alleged victimization. There are a number of variables that combine to determine the effects of such alleged victimization, including the type and character of the alleged assault, and key victim variables such as demographics, psychological reactions at the time of the trauma, previous psychiatric or psychological history, previous victimization history, current or previous psychological difficulties, and general personality dynamics and coping style, as well as sociocultural factors such as drug use/abuse; poverty; social inequity and/or inadequate social support; any previous history of abuse within or outside the family; whether individuals were abused by strangers, acquaintances or family members; and whether there was any history of indiscriminate behavior that may have placed them at increased risk. It is important to know if there had 6 EFTA02745932 Case 9:08-cv-80119-KAM Document 247-5 Entered on FLSD Docket 08/05/2009 Page 7 of 8 been previous sexual conduct, contact with police or welfare agencies, alcohol or drug use/abuse, voluntary sexual activity, contraceptive use, genital infections, or apparent indifference to previous abuse. 32. It is also essential to understand the plaintiff's level of emotional support, whether any significant psychiatric illnesses were present, whether they were taking any medications (prescribed or non -prescribed), whether there had been previous suicide attempts, thoughts, plans, etc. 33. Knowledge of plaintiff's relationships to her family and familial factors, including social disadvantage, family instability, impaired parent/child relationship, and parental adjustment difficulties is also critical. 34. It is, therefore, crucial that the independent medical examiner has available to him a full and complete record that includes medical, previous legal, social, criminal, academic, psychological and psychiatric records/data; psychological tests; laboratory tests; and clinical, hospital, physician records. These, in essence, are the same and similar records that plaintiff's expert witness (Dr. Kliman) feels are essential for him to do an appropriate evaluation. To obtain the necessary information, it will be necessary to identify the plaintiff by name. Such identification will not humiliate the plaintiff since all we are requesting is pertinent information as noted above relative to their past medical and psychiatric histories and conduct. We would concur and request of the court that the same and such other 7 EFTA02745933 Case 9:08-cv-80119-KAM Document 247-5 Entered on FLSD Docket 08/05/2009 Page 8 of 8 similar information be made available to us to conduct our examination. Respectfully submitted, A a.vd s ze t-O Richar C. W. , D Courtesy Clinical Professor of Psychiatry, University of Florida, College of Medicine Affiliate Professor, Department of Psychiatry and Behavioral Medicine, University of South Florida Professor of Psychiatry, Department of Medical Education, University of Central Florida College of Medicine 8 EFTA02745934