1338.pdf

NOT A CERTIFIED COPY Filing# 71543277 E-Filed 05/02/2018 09:23:26 AM JEFFREY EPSTEIN, Plaintiff/Counter-Defendant, V. SCOTT ROTHSTEIN, individually, and BRADLEY J. EDWARDS, individually, Defendants/Counter-Plaintiff. _________________ ./ IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No. 50-2009CA040800:XXXXMBAG PLAINTIFF/COUNTER-DEFENDANT JEFFREY EPSTEIN'S MOTION TO COMPEL COUNTER-PLAINTIFF BRADLEY J. EDWARDS TO IDENTIFY HIS TRIAL WITNESSES Plaintiff/Counter-Defendant Jeffrey Epstein ("Epstein") moves to compel Counter- Plaintiff Bradley J. Edwards ("Edwards") to identify the witnesses he actually intends to call at trial and the subject matter of their testimony, and states: INTRODUCTION Edwards' operative Witness List identifies a total of 169 witnesses, which includes 165 individual witnesses and four general categories (No. 77, "Any additional individuals identified as victims"; No. 151, Epstein's witnesses; No. 152, rebuttal witnesses; and No. 153, "All people on Jeffrey Epstein's Inmate Visitor Log while he was in jail). Most of the listed witnesses have no personal knowledge concerning Edwards' malicious prosecution claims against Epstein or Epstein's probable cause for filing and continuing his proceeding against Edwards, making speculation as to the specific subject matter of their permissible testimony impossible. Edwards should be required to pare down this excessive number of witnesses for what should be less than FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 05/02/2018 09:23:26 AM NOT A CERTIFIED COPY a five-day malicious prosecution trial 1 and to identify the permissible subject matter about which the witnesses will testify. Without knowing which of the more than 169 witnesses will actually be called to testify at trial, who may be called from the general categories of witnesses who were not individually named, and what permissible testimony they will give, it is impossible for Epstein's counsel to properly prepare for the trial and Epstein will be substantially and unfairly prejudiced. Clearly, Edwards is attempting to try previously settled lawsuits involving his past three clients rather than the instant malicious prosecution cause of action. Edwards' intention to do so is plainly evidenced by the extensive grandstanding of his counsel, Jack Scarola, to the press in numerous attempts to taint the jury pool and prevent Epstein's right to a fair trial, spanning from 2013 to present: • "Trump is on a star-studded witness list for an upcoming trial in Palm Beach County Circuit Court that attorney Jack Scarola promises will be the first public airing of Epstein's lurid lifestyle." https://www.palmbeachpost.com/news/national-govt--politics/how-many-degrees- separation-between-trump-and-sex-off ender- epstein/WC 1 WNrtBC6uc9jCqk4COsL/ (March 12, 2017). • "A trial that promises to offer the first public airing of convicted sex offender Jeffrey Epstein's activities with teenage girls at his Palm Beach mansion is to be held in December .... " https :/ /www .palmbeachpost.com/news/ crime--law /trial- date-set-for-lawsuit-against-billionaire-sex-offender- epstein/VJbBnxT9PK 4AXk0mbLchBK/ (July 7, 2017). • Scarola agreed he would refrain from describing Epstein as "a billionaire pedophile" or "a convicted child molester." He said he does intend to call Virginia Roberts Giuffre to testify. In a civil lawsuit, she claimed Epstein turned her into a sex slave at age 15 when she was working at Mar-a-Lago in Palm Beach .... While Trump, Prince Andrew and Clinton are also on Scarola's witness list, he has said it is doubtful he will call the three powerful men to testify." https://www.mypalmbeachpost.com/news/crime--law/judge-delays-tries-rein- rated-civil-trial-jeffrey-epstein/CmoG 1 vhJenOwhdL4ufWOIK/ (November 29, 2017). 1 Before Edwards moved to separate his Counterclaim from Epstein's main claim, the parties believed the trial would require ten days. Without half of the action, Edwards' malicious prosecution action should require less than five days. 2 NOT A CERTIFIED COPY • Attorney Jack Scarola said it will be the first time the victims will have a chance to tell their stories. https://www.palmbeachdailynews.com/news/local/newest-lawsuit-against- epstein-expected-include-victim-testimony/CZ 14s0ESb0O4rib 7nj c 1 hL/ ( October 20, 2013). While this Court has stated that it will protect the judicial process and allow testimony "befitting of the known integrity of the history that has been pervasive in the 15 th Judicial Circuit," 2 Edwards intends to create a very different environment at trial. Indeed, Edwards has listed every conceivable person who may have had some connection, however slight, to the criminal proceedings against Epstein or any civil proceedings against him, and even those who had no connection at all ( e.g., President Trump, former President Clinton, and David Copperfield, to name only a few). The exhaustive list of witnesses includes other tort claimants who Edwards never represented, the family members of tort claimants, counsel who represented other tort claimants, law enforcement, investigators, dignitaries, public officials, Epstein's associates, and celebrities with whom Epstein has socialized, and others with no connection at all to this malicious prosecution case. The vast majority of these witnesses have no place at the trial of this case. Their testimony would serve only to inflame or unfairly prejudice the jury and tum what should only be an orderly trial, focused on a few key issues pertaining to a single claim of malicious prosecution, into an unruly spectacle of multiple mini sex trials involving allegations of conduct from up to twenty years ago. Surely, if Edwards is allowed to present more than 169 witnesses, the potential for this trial to devolve into a circus extending well beyond any reasonable duration and resulting in a mistrial cannot be overstated. 2 March 8, 2018, Afternoon Hearing Transcript 28:1-7. (Exhibit A.) 3 NOT A CERTIFIED COPY EDWARDS' WITNESS LISTS In the last eight years, Edwards has filed nine Witness Lists and four Rebuttal Witness Lists, each time increasing the number of witnesses, as follows: • June 30, 2010 - Witness List (D.E. 100)-7 witnesses: 1 individual and 6 general categories. • June 25, 2013 -Witness List (D.E. 638) -14 witnesses: 7 individuals and 7 general categories. • August 19, 2013 - Rebuttal Witness List (D.E. 649) -2 witnesses: 1 individual and 1 general category. • January 7, 2014 - Amended and Supplemental Witness List (D.E. 791) - 15 witnesses: 8 individuals and 7 general categories. • March 4, 2014-Rebuttal Witness List (D.E. 806) -2 witnesses: 1 individual and 1 general category. • August 15, 2016 - Second Amended and Supplemental Witness List (D.E. 902) - 28 witnesses: 17 individuals and 11 general categories. • August 25, 2016 - Rebuttal Witness List (D.E. 905) -3 witnesses: 2 individuals and 1 general category. • August 31, 2016 - Third Amended and Supplemental Witness List (D.E. 907)-14 witnesses: 13 individuals and 1 general category (in addition to August 15, 2016, List; not replacing-bringing the total to 42 witnesses). • June 30, 2017 - Fourth Amended and Supplemental Witness List (D.E. 935) - 1 witness: 1 individual (in addition to August 15, 2016, and August 31, 2016 Lists; not replacing -bringing the total to 43 witnesses). • July 21, 2017 - Fifth Amended and Supplemental Witness List (D.E. 939) - 158 witnesses: 153 individuals and 5 general categories. • October 6, 2017 - Sixth Amended and Supplemental Witness List (D.E. 1010) - 159 witnesses: 154 individuals and 5 general categories. 4 NOT A CERTIFIED COPY • October 16, 2017 -Rebuttal Witness List (D.E. 1015) -2 witnesses: 1 individual and 1 general category. • November 9, 2