Case Document Entered on FLSD Docket Page of I IN THE FIFTEENTH JUDICIAL CIRCUIT COURT IN AND FOR PALM BEACH COUNTY FLORIDA CASE NO AF JANE DOE II Plaintiff vs JEFFREY EPSTEIN and SARAH KELLEN Defendants DATE PLACE I COURT REPORTERS TRANSCRIPT OF PROCEEDINGS HAD BEFORE THE HONORABLE DIANA LEWIS March Palm Beach County Courthouse Dixie Highway West Palm Beach Florida U.S Legal Support EXHIBIT Case Document Entered on FLSD Docket Page of APPEARANCES GARCIA LAW FIRM P.A Datura Avenue Suite West Palm Beach Florida Counsel for Plaintiff BY ISIDRO GARCIA ESQUIRE BURMAN CRITTON LUTTIER COLEMAN Flagler Drive Suite West Palm Beach Florida Counsel for Defendant BY ROBERT CRITTON JR ESQUIRE U.S Legal Support Case Document Entered on FLSD Docket Page of that but Id just like to do that THE COURT Right And if you want to contact the other individuals saying you know Im the one thats 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 Im not saying consolidate Im saying transfer Its not a consolidation issue Everybody gets that confused for some reason The words are very different out of my mouth your mouth and how theyre written So let me go ahead and take a gander at this I did read it last night Im not sure that we need to get we need names MR CRITTON Right Well heres 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 weve 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 Case Document Entered on FLSD Docket Page of 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 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 shes also been to Oakwood Center some time after she learned she could file a lawsuit and seek damages from Mr Epstein Theres no history of this lady beforehand other than in some of the Oakwood records where she was Baker Acted she started drinking beer at she started Xanax at started marijuana at that shes sexually active So how she has interacted she has a claim for emotional damages mental pain and anguish psychiatric-type damages How shes interacted with friends with family the events in her life school work her interpersonal relationships both with men and lets well use an example men here but other individuals Shes saying that this event with Mr Epstein U.S Legal Support Case Document Entered on FLSD Docket Page of 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 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 whats fair and reasonable under the circumstances So what we would have is basically this young ladys testimony as to what she claims her damages are and what the circumstances are with her situation with Mr Epstein She claims on page you know I love this guy Im dating this guy Chris On page 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 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 Case Document Entered on FLSD Docket Page of 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 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 youve 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 dont know one way or the other but lets 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 its not something that Im going to spread around Im 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 Case Document Entered on FLSD Docket Page of my ability to trust men and my sexual relationships with other men which is part of her interpersonal relationships okay lets 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 MR GARCIA June of Judge MR CRITTON She claims from June of through November of MR GARCIA She was I believe at the beginning and ended at She was a minor during all this time THE COURT June of 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 wouldnt care about the women MR GARCIA Right Well I mean U.S Legal Support Case Document Entered on FLSD Docket Page of THE COURT This is damages Theres no they werent seeking damages at the time 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 Epsteins 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 making a claim at her ability to have either sexual relations or to have emotional relations with men was effected by her experience with Mr Epstein So this damages claim is just a smoke screen to attempt to get evidence to show the jury that this woman has had other consensual relationships with young men that are approximately her age what I would characterize as a slut defense She had it coming to her because she engaged in other voluntarily consensual THE COURT Mr Critton wouldnt try the slut defense in my courtroom Im sure U.S Legal Support Case Document Entered on FLSD Docket Page of MR GARCIA Maybe not but certainly thats the way this discovery is going And Judge what THE COURT What are the damages you think your client is seeking MR GARCIA She is seeking emotional distress damages for depression and anxiety and she has been hospitalized at the Oakwood Center Her friend she was on the phone to a friend who called the sheriffs office because she thought she was suicidal The sheriffs responded They Baker Acted her that day and they took her eventually to the Oakwood Center THE COURT How do we know its not intertwined with her rejection by three other men since Mr Epstein MR GARCIA Well even if it was related to her rejection by three other men you mean other mens rejection of her THE COURT Yeah Well how do you not know that I mean you cant do it until you do discovery Has anybody attempted to review the records from Oakwood to find out whats going on MR CRITTON Its like a one-time visit when she was Baker Acted and then theres some U.S Legal Support Case Document Entered on FLSD Docket Page of other THE COURT She didnt receive treatment MR CRITTON She received treatment for that day and shes been back a couple of times Shes on medication Again I dont know what or the extent but shes got her medical bills are de minimis Again as an example Judge did the Court have an opportunity to look at the case that I also attached to the motion Because theres a case thats almost on all fours with this which I attached to our motion which is called Balles versus Russo THE COURT Right MR CRITTON It was a case where the plaintiff was sued the plaintiff sued the former owners of a house of prostitution So that part is different but within it there were a number of claims including a sexual assault claim and they sought emotional pain humiliation and emotional distress Within the complaint that was filed in this particular case she is seeking severe emotional distress mental anguish humiliation embarrassment past and future compensatory U.S Legal Support Case Document Entered on FLSD Docket Page of humiliation loss of reputation mental anguish pain and suffering the same type of damages And what the Court said THE COURT How old is she now MR GARCIA Shes now MR CRITTON Shes now What the Court said is you know if youd only brought this claim under evidence of past issues its not an issue You cant use this defense for anything but because you brought these other claims which include you know sexual assault and youre seeking damages for other causes of action since the information sought by discovery may be relevant or may lead to the discovery of admissible evidence in one or more of the other causes of action or determination of damages we cannot conclude the trial court parted from essential requirements of law in granting THE COURT So in other words shes not only seeking shes seeking current emotional damage as a result of this relationship and youre trying to find out if she had prior relationships that perhaps could be intertwined with it so that its not just Mr Epsteins MR CRITTON Right A perfect example is U.S Legal Support Case Document Entered on FLSD Docket Page of one of the cases that I have is theres a young lady who claims that she was molested in the past and raped pretty significant issues well in advance of her even meeting with Mr Epstein And they seem to play a large role in her psychiatric and psychological evaluation Were going to come to the Court in this case as we have others and ask for a psychological evaluation of this lady and if she was raped or if she was molested or just she had a bad experience or some whether it was a young or old man assaulted her in some fashion that may play a role in her damages and what THE COURT What Im going to allow for discovery purposes only not necessarily getting it in at the time trial are two years before her first encounter with Mr Epstein and anything subsequent MR GARCIA Judge I just wanted to say on the record because I forgot to mention it theres also I did state an objection to the identity of people that are unrepresented in this courtroom They have rights too So what I THE COURT Well my suggestion is that you send those people a letter and tell them that U.S Legal Support Case Document Entered on FLSD Docket Page of youre going to disclose them and if they have a problem with it that they come to see me before you disclose it So Im going to give you days to respond to this rather than the usual five and that will give you time to put these people on notice and if they want to come visit with me and have a John Doe Ill have a John Doe hearing but you know this is her case Shes doing it Shes the one seeking damages and he is entitled to be able to confront other individuals to find out information that may be relevant to the damages shes seeking or she can drop the damages Thats her choice If you seek damages youve got to do it if you could put that in an order so that we have a time for him to do this Just fill out an order hand it back up to me and Ill deal with it The proceedings were concluded U.S Legal Support Case Document Entered on FLSD Docket Page of REPORTERS CERTIFICATE THE STATE OF FLORIDA COUNTY OF PALM BEACH I Teresa Bell Court Reporter certify that I was authorized to and did stenographically report the foregoing proceedings and that the transcript is a true and complete record of my stenographic notes I further certify that the proceedings were taken at the time and place shown herein and that all counsel and persons as hereinabove shown were present I further certify that I am not a relative employee attorney or counsel of any of the parties nor am I a relative or employee of any of the parties attorney or counsel connected with the action nor am I financially interested in the action Dated this TERES Court U.S Legal Support
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