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Epstein Release Interview Victim Statements Evidence Maxwell
← Back to Doe No. 5 v. Epstein, No. 9;08-cv-80381 (S.D. Fla. 2008)
Extracted Text

Case Document Entered on FLSD Docket Page of Jane Doe No Epstein Page2 the privilege against self-incrimination because affirmative defenses do not constitute the kind of voluntary application for affirmative relief which would prevent a plaintiff bringing a claim seeking affirmative relief from asserting the privilege As to the allegations in paragraph deny As to the allegations in paragraph deny As to the allegations in paragraph without knowledge and deny As to the allegations in paragraphs Defendant asserts his Fifth Amendment privilege against self-incrimination See Delisi Bankers Ins Company So.2d Fla th DCA Malloy Hogan S.Ct the Fifth Amendments Self-Incrimination Clause applies to the states through the Due Process Clause of the Fourteenth Amendment it would be incongruous to have different standards determine the validity of a claim of privilege based on the same feared prosecution depending on whether the claim was asserted in state or federal court Fed.Prac Proc Civ 3d Effect of Failure to Deny Privilege Against Self Incrimination court must treat the defendants claim of privilege as equivalent to a specific denial See also Fla.Jur.2d Evidence Defendants in civil actions a civil defendant who raises an affirmative defense is not precluded from asserting the privilege against self-incrimination because affirmative defenses do not constitute the kind of voluntary application for affirmative relief which would prevent a plaintiff bringing a claim seeking affirmative relief from asserting the privilege As to the allegations in paragraphs through of Plaintiffs Second Amended Complaint Defendant exercises his Fifth Amendment Privilege against self Case Document Entered on FLSD Docket Page of Jane Doe No Epstein Page3 incrimination See Delisi Bankers Ins Company So.2d Fla th DCA Malloy Hogan S.Ct the Fifth Amendments Self Incrimination Clause applies to the states through the Due Process Clause of the Fourteenth Amendment it would be incongruous to have different standards determine the validity of a claim of privilege based on the same feared prosecution depending on whether the claim was asserted in state or federal court Fed.Prac Proc Civ 3d Effect of Failure to Deny Privilege Against Self-Incrimination court must treat the defendants claim of privilege as equivalent to a specific denial See also Fla.Jur.2d Evidence Defendants in civil actions a civil defendant who raises an affirmative defense is not precluded from asserting the privilege against self-incrimination because affirmative defenses do not constitute the kind of voluntary application for affirmative relief which would prevent a plaintiff bringing a claim seeking affirmative relief from asserting the privilege In response to the allegations of paragraph Defendant realleges and adopts his responses to paragraphs through of the Second Amended Complaint set forth in paragraphs through above herein Defendant asserts the Fifth Amendment Privilege against self-incrimination to the allegations set forth in paragraphs through of the Second Amended Complaint See Delisi Bankers Ins Company So.2d Fla th DCA Malloy Hogan S.Ct the Fifth Amendments Self-Incrimination Clause applies to the states through the Due Process Clause of the Fourteenth Amendment it would be incongruous to have different standards determine the Case Document Entered on FLSD Docket Page of Jane Doe No Epstein Page4 validity of a claim of privilege based on the same feared prosecution depending on whether the claim was asserted in state or federal court Fed.Prac Proc Civ 3d Effect of Failure to Deny Privilege Against Self-Incrimination court must treat the defendants claim of privilege as equivalent to a specific denial See also Fla.Jur.2d Evidence Defendants in civil actions a civil defendant who raises an affirmative defense is not precluded from asserting the privilege against self incrimination because affirmative defenses do not constitute the kind of voluntary application for affirmative relief which would prevent a plaintiff bringing a claim seeking affirmative relief from asserting the privilege In response to the allegations of paragraph Defendant realleges and adopts his responses to paragraphs through of the Second Amended Complaint set forth in paragraphs through above herein Defendant asserts the Fifth Amendment Privilege against self-incrimination to the allegations set forth in paragraphs through of the Second Amended Complaint See Delisi Bankers Ins Company So.2d Fla th DCA Malloy Hogan S.Ct the Fifth Amendments Self-Incrimination Clause applies to the states through the Due Process Clause of the Fourteenth Amendment it would be incongruous to have different standards determine the validity of a claim of privilege based on the same feared prosecution depending on whether the claim was asserted in state or federal court Fed.Prac Proc Civ 3d Effect of Failure to Deny Privilege Against Self-Incrimination court must treat the defendants claim of privilege as equivalent to a specific denial See also Case Document Entered on FLSD Docket Page of Jane Doe No Epstein Page5 Fla.Jur.2d Evidence Defendants in civil actions a civil defendant who raises an affirmative defense is not precluded from asserting the privilege against self incrimination because affirmative defenses do not constitute the kind of voluntary application for affirmative relief which would prevent a plaintiff bringing a claim seeking affirmative relief from asserting the privilege In response to the allegations of paragraph Defendant realleges and adopts his responses to paragraphs through of the Second Amended Complaint set forth in paragraphs through above herein Defendant asserts the Fifth Amendment Privilege against self-incrimination to the allegations set forth in paragraphs through of the Second Amended Complaint See Delisi Bankers Ins Company So.2d Fla th DCA Malloy Hogan S.Ct the Fifth Amendments Self-Incrimination Clause applies to the states through the Due Process Clause of the Fourteenth Amendment it would be incongruous to have different standards determine the validity of a claim of privilege based on the same feared prosecution depending on whether the claim was asserted in state or federal court Fed.Prac Proc Civ 3d Effect of Failure to Deny Privilege Against Self-Incrimination court must treat the defendants claim of privilege as equivalent to a specific denial See also Fla.Jur.2d Evidence Defendants in civil actions a civil defendant who raises an affirmative defense is not precluded from asserting the privilege against self incrimination because affirmative defenses do not constitute the kind of voluntary Case Document Entered on FLSD Docket Page of Jane Doe No Epstein Page application for affirmative relief which would prevent a plaintiff bringing a claim seeking affirmative relief from asserting the privilege WHEREFORE Defendant requests that this Court deny the relief sought by Plaintiff Affirmative Defenses As to all counts Plaintiff consented to and was a willing participant in the acts alleged As to all counts alleged Plaintiff consented to and participated in conduct similar and/or identical to the acts alleged with other persons which were the sole or contributing cause of Plaintiffs alleged damages As to all counts Defendant reasonably believed that the Plaintiff had attained the age of years old at the time of the alleged acts Plaintiffs claims are barred by the applicable statute of limitations WHEREFORE Defendant requests that this Court deny the reli sought by Plaintiff Robert er on Jr Attorney fo efendant Epstein Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing was electronically filed with the Clerk of the Court using CM/ECF I also certify that the foregoing document is being served this day on all counsel of rec wdentified on the following Service List in the manner specified by CM/ECF on thi5ol day of April Case Document Entered on FLSD Docket Page of Jane Doe No Epstein Page Stuart Mermelstein Esq Adam Horowitz Esq Mermelstein Horowitz P.A Biscayne Boulevard Suite Miami FL Fax ssm sexabuseattorney.com ahorowitz sexabuseattorney.com Counsel for Plaintiff Jane Doe Jack Alan Goldberg Atterbury Goldberger Weiss P.A Australian Avenue South Suite West Palm Beach FL Fax jagesg bellsouth.net Co-Counsel for Defendant Jeffrey Epstein Respectfully submi By ROBERT ITTON JR ESQ Florida Bar rcrit bclcla com MICHAEL PIKE ESQ Florida Bar mpike bclclaw.com BURMAN CRITTON LUTTIER COLEMAN Flagler Drive Suite West Palm Beach FL Phone Fax Co-Counsel for Defendant Jeffrey Epstein
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