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Case 9:08-cv-80232-KAM Document 56 Entered on FLSD Docket 03/25/2009 Page 1 of 36 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80232-MARRA-JOHNSON JANE DOE NO. 3, Plaintiff, V. JEFFREY EPSTEIN, Defendant. I -------------- DEFENDANT EPSTEIN'S RESPONSE TO PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES, and RESPONSES TO 1 st and 2 nd PRODUCTION OF DOCUMENTS, AND INCORPORATED MEMORANDUM OF LAW Defendant, JEFFREY EPSTEIN, by and through his undersigned counsel, serves his response and supporting memorandum of law to Plaintiff's Motion to Compel Answers to Interrogatories and Production of Documents, and Incorporated Memorandum of Law In Support, dated March 2, 2009. In support of Defendant's assertion of constitutional privileges and objections to discovery and in response to Plaintiff's motion to compel, Defendant states: Introduction As discussed more fully herein, Defendant has asserted constitutional based protections to the discovery requests propounded by Plaintiff. In addition and in alternative to the constitutional protections afforded under the Fifth, Fourteenth and Sixth Amendments, Defendant also asserted other factual/legal objections and privileges. However, as will be evident in reviewing Plaintiff's discovery requests and Defendant's response, the constitutional assertions are required to be determined first so that Defendant does not risk rendering these protections meaningless in attempting Case 9:08-cv-80232-KAM Document 56 Entered on FLSD Docket 03/25/2009 Page 2 of 36 Jane Doe No. 3 v. Epstein Page2 to assert and argue the factual basis for the additional objections and privileges. See part II.A. herein. I. Defendant EPSTEIN has properly asserted his constitutional claims of privilege and effective assistance of counsel, as guaranteed under the Fifth, Sixth, and Fourteenth Amendments of the United States Constitution. to each of the specified interrogatories and production requests. In accordance with applicable law, EPSTEIN has properly asserted his claims of privilege and effective assistance of counsel as guaranteed by the Fifth, Sixth, and Fourteenth Amendments of the United States Constitution to each of the interrogatories propounded by Plaintiff in her first set of Interrogatories and first production request. See Exhibit A to Plaintiff's Motion to Compel for Defendant's Response and Objections to Plaintiff's Amended Interrogatories, and Exhibit B to Plaintiff's motion for production requests and Defendant's responses thereto. Contrary to Plaintiff's assertion that Defendant made an improper "blanket objection," Defendant examined and responded to each of the discovery requests and raised constitutional privileges, along with other alternative objections applicable to the specific interrogatory or production request. See Exhibit A and B to Plaintiff's motion. (Although Defendant sets forth each of the interrogatories and requests below, because Plaintiff has attached the responses as Exhibits to her motion, Defendant does not retype the responses in their entirety herein). The circumstances of this case (and the others) are such that not only does Defendant EPSTEIN face allegations of sexual misconduct with and abuse, exploitation, and sexual battery of alleged minors in this and other civil actions, but he also faces criminal prosecution based on the same factual allegations. The Plaintiff's attorney represents Jane Doe Nos. 2, 3, 4, 5, 6, and 7, in civil actions against EPSTEIN filed in Case 9:08-cv-80232-KAM Document 56 Entered on FLSD Docket 03/25/2009 Page 3 of 36 Jane Doe No. 3 v. Epstein Page 3 this Court. (There are additional state and federal civil actions against EPSTEIN). In this and the other civil actions, the Plaintiffs reference federal and state criminal statutes in an attempt to allege claims ranging from sexual battery to intentional infliction of emotional distress, to a violation of 18 U.S.C. 2422, entitled "Coercion and enticement, contained in Title 18, "Crimes and Criminal Procedure," Part I - "Crimes,' Chapter 117 - "Transportation for Illegal Sexual Activity and Related Crimes 1 ," to a cause of action pursuant to 18 U.S.C. §2255 - which creates a civil remedy for personal injuries where a plaintiff can show a violation of specified statutory criminal statues. Plaintiff is attempting to allege a violation of 18 U.S.C. §2422. See endnote 1 for current text of 18 U.S.C. §2422, along with pre-2006 amended text. See Exhibit B hereto - copy of Plaintiff's Second Amended Complaint. Plaintiff alleges that "Haley Robson, a Palm Beach Community College student," was an "integral player in Epstein's Florida scheme;" "she recruited girls ostensibly to give a wealthy man a massage for monetary compensation .... " 2d Am. Complaint, ,T10. (In civil actions by Jane Doe No. 2 and Jane Doe No. 5, also before this court, the Plaintiffs therein allege that "Sarah Kellen, Epstein's assistant" was a part of "Epstein's plan and scheme (which) reflected a particular pattern and method" in the alleged recruiting of girl's to come to EPSTEIN's Palm Beach mansion and give him "massages" in exchange for money. Jane Doe No.2 and Jane Doe No. 5 - 2 nd Am. Complaint, ,T11- 12.) According to the complaint allegations - "Upon information and belief Epstein has a sexual preference and obsession for underage minor girls." ,TS. Once at Epstein's Palm Beach mansion, the "victim" would be "led up a flight of stairs to a bedroom that contained a massage table .... " The girl would be alone with EPSTEIN. EPSTEIN Case 9:08-cv-80232-KAM Document 56 Entered on FLSD Docket 03/25/2009 Page 4 of 36 Jane Doe No. 3 v. Epstein Page4 would be "wearing only a towel to cover his private area." Epstein "then would lay down on the massage table and perform one or more lewd, lascivious and sexual acts, including masturbation and touching the girl sexually." 2 nd Am. Complaint, ,r11, Exhibit B. Plaintiff alleges that "in 2004-2005," she, "then approximately 16 years old, fell into Epstein's trap and became one of his victims." ,ra. Jane Doe No. 3 further alleges that Haley Robson brought her to Epstein's Palm Beach mansion, where she was led up a flight of stairs a room with a massage table. "She was alone in the room when Epstein arrived wearing a towel to cover his private parts." Plaintiff alleges that Epstein "sexually assaulted" her and "masturbated" "during the massage" 2d Am. Complaint, ,r12. Plaintiff also alleges that EPSTEIN "maintains his principal home in New York and also owns residences in New Mexico, St. Thomas and Palm Beach, FL." Id, ,r?. "Upon information and belief, Jeffrey Epstein carried out his scheme and assaulted girls in Florida, New York and on his private island, known as Little St. James, in St. Thomas." Id, ,r9. The nature of the allegations is (obviously) serious. The threat of criminal prosecution is real and present as EPSTEIN remains under the scrutiny of the United States