059-03.pdf

Case 9:08-cv-80232-KAM Document 59-3 Entered on FLSD Docket 04/02/2009 Page 1 of 14 I IN THE FIFTEENTH JUDICIAL CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 50 2008CA020614XXXXMB AF JANE DOE II, Plaintiff, vs. JEFFREY EPSTEIN and SARAH KELLEN, Defendants. DATE: PLACE: I COURT REPORTER'S TRANSCRIPT OF PROCEEDINGS HAD BEFORE THE HONORABLE DIANA LEWIS March 3, 2009 Palm Beach County Courthouse 205 N. Dixie Highway West Palm Beach, Florida 33401 1 U.S. Legal Support (561) 835-0220 EXHIBIT ''C " Case 9:08-cv-80232-KAM Document 59-3 Entered on FLSD Docket 04/02/2009 Page 2 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: GARCIA LAW FIRM, P.A. 224 Datura Avenue Suite 900 West Palm Beach, Florida 33401 Counsel for Plaintiff BY: ISIDRO M. GARCIA, ESQUIRE BURMAN, CRITTON, LUTTIER & COLEMAN 515 N. Flagler Drive Suite 400 West Palm Beach, Florida 33401 Counsel for Defendant BY: ROBERT D. CRITTON, JR., ESQUIRE U.S. Legal Support (561) 835-0220 2 Case 9:08-cv-80232-KAM Document 59-3 Entered on FLSD Docket 04/02/2009 Page 3 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that but I'd just like to do that. THE COURT: Right. And if you want to contact the other individuals saying, you know, I'm the one that's questioning whether or not these need to be before one judge. You may have a different perspective than your colleagues who are prosecuting some of the cases. I understand the damages. I'm not saying consolidate. I'm saying transfer. It's not a consolidation issue. Everybody gets that confused for some reason. The words are very different out of my mouth, your mouth and how they're written. 11 So let me go ahead and take a gander at this. I did read it last night. I'm not sure that we need to get --we need names? MR. CRITTON: Right. Well, here's what some of the issues are is that, as an example --if I could approach the bench. THE COURT: Sure. MR. CRITTON: This is some of the information that we've obtained through discovery from some of the --from at least in this instance, it would be this particular Jane Doe. THE COURT: You know who Jane Doe is I take U.S. Legal Support (561) 835-0220 Case 9:08-cv-80232-KAM Document 59-3 Entered on FLSD Docket 04/02/2009 Page 4 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it? MR. CRITTON: Right. THE COURT: You know who the Jane Doe is? MR. CRITTON: Yes, correct. And so this particular lady has kept in part a diary and 12 she --which appears to have started some time this is not in any way significant --but some time after she learned that she could file a lawsuit. I think she's also been to Oakwood Center some time after she learned she could file a lawsuit and seek damages from Mr. Epstein. There's no history of this lady beforehand other than in some of the Oakwood records where she was Baker Acted, she started drinking beer at 16, she started Xanax at 16, started marijuana at 15, that she's sexually active. So how she has interacted --she has a claim for emotional damages, mental pain and anguish, psychiatric-type damages. How she's interacted with friends, with family, the events in her life, school, work, her interpersonal relationships both with men and let's --we'll use an example men here, but other individuals. She's saying that this event with Mr. Epstein, U.S. Legal Support (561) 835-0220 Case 9:08-cv-80232-KAM Document 59-3 Entered on FLSD Docket 04/02/2009 Page 5 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this sexual assault and whatever occurred during these events is that --has caused her damage. And therefore damages in the case such as the emotional, mental, psychiatric-type damages are completely subjective, I mean separate and apart from any medical bills that 13 may be --which are clearly intangible. So these are intangible damages. And the jury is instructed, you know, you advise the greater weight of the evidence, what's fair and reasonable under the circumstances. So what we would have is basically this young lady's testimony as to what she claims her damages are and what the circumstances are with her situation with Mr. Epstein. She claims on page 13, you know, I love this guy, I'm dating this guy Chris. On page 15 -- THE COURT: Is this part of a diary for treatment? MR. CRITTON: I have no idea what it is. It was just produced in response to discovery. And she apparently started in, I think this is December of '08. You know I took Jay Lyntenis' girl to the zoo, had an amazing day, I love her, i.e., the girl. We have so much fun. I want a U.S. Legal Support (561) 835-0220 Case 9:08-cv-80232-KAM Document 59-3 Entered on FLSD Docket 04/02/2009 Page 6 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 baby especially with him. Okay. So I know who this person is. We are all so open together, I love him and Jay and Lynn, what do I do with Chris, who is another guy in her life. 14 All right. This is circumstances where this young lady is saying, look, Jeffrey Epstein has ruined my life from a damage standpoint, okay. Let me depose other individuals with whom you've had a relationship. And what if it turns out as with some of these girls did --is they had relationships or had escapades or circumstances with individuals, older men similar to Mr. Epstein well before Mr. Epstein. And this girl, I don't know one way or the other, but let's assume she had a situation where she was assaulted or molested or raped, that all is going to affect her emotional and her mental pain and anguish and it will all factor into evaluating damages. You know, it's not something that I'm going to spread around. I'm happy to keep it, you know, within the confines of the discovery of this case. But if she says every other relationship in my life has been perfect but Jeff Epstein has done this to me and it has affected U.S. Legal Support (561) 835-0220 Case 9:08-cv-80232-KAM Document 59-3 Entered on FLSD Docket 04/02/2009 Page 7 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 my ability to trust men and my sexual relationships with other men, which is part of 15 her interpersonal relationships, okay, let's talk to Sam Smith. THE COURT: When does your client allege that she had her first encounter with Mr. Epstein? MR. GARCIA: At what age? THE COURT: Well, what year? MR. CRITTON: June of '03. MR. GARCIA: June of '03, Judge. MR. CRITTON: She claims from June of '03 through November of '04. MR. GARCIA: She was I believe 16 at the beginning and ended at 17. She was a minor during all this time. THE COURT: June of '03 to now is six years. Let me hear from Mr. Garcia. MR. GARCIA: Judge, in the criminal case that was filed against Mr. Epstein, he would not have had a right to do this type of discovery and I --if I could hand up -- THE COURT: They wouldn't care about the women. MR. GARCIA: Right. Well, I mean -- U.S. Legal Support (561) 835-0220 Case 9:08-cv-80232-KAM Document 59-3 Entered on FLSD Docket 04/02/2009 Page 8 of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: This is damages. There's no -- they weren't seeking damages at the time. 16 MR. GARCIA: Right. And we have not alleged in the complaint or in the answers to interrogatories that her ability to have a relationship with a man has been affected by Mr. Epstein's conduct. We have alleged that she has been hospitalized for depression, anxiety but we have not alleged any damages concerning --the only reason this would be relevant is if we were