United States District Court Southern District of New York Virginia Giuffre Plaintiff Case No WS Ghislaine Maxwell Defendant PLAINTIFF10.1 2S REDACTED REPLY IN SUPPORT OF MOTION TO COMPEL DEFENDANT TO ANSWER DEPOSITION QUESTIONS Plaintiff Virginia Giuffre and through her undersigned counsel hereb-17.1 files this Reply20.1 in Support of her Motion to Compel Defendant to Answer Deposition Questions nstead of allowing Ms Giuffre to take a full and complete deposition3.5 Defendant flatly20.3 refused to answer questions critical to the key20 issues in this case Contrary20.6 to Defendant 2s assertions Ms Giuffre is not engaged in a 223fishing expedition but rather seeks to ask highly19.2 focused questions specificall-21.2 relevant to this case In particular Ms Giuffre seeks to ask the De fendant-252.5 questions regarding her participation in or knowledge of sexual activities connect ed with Jeffrey19.9 Epstein 2s sexual abuse of females Such questions are entirely19.2 appropriate in the discovery21.1 phase of this case particularl-19.9 where answers will be maintained as confidential under the Protective Order entered in this case As the Court is aware from previous pleadings at the heart of this case lies the issue of Defendant knowledge that Ms Giuffre was sexually20.1 abused-249.8 Jeffrey20.3 Epstein ndeed the Defendant-251.8 boldly20.3 acknowledges in her response at she intends to argue at trial that among other things she 223never arranged for or asked Ms Giuffre to have sex with one At trial Case Document Filed Page of Ms Giuffre intends to strongl-22.2y20 disprove-246.2Defendant?s false assertions and to demonstrate-245.2that Defendant-252recruited Ms Giuffre to be involved in massages of a sexual nature with Epstein To develop evidence to support her position Ms Giuffre recently20.4 deposed Defendant about the central subjects in her case 250Defendant flatly19.9 refused to answer a number of questions and for the majorit-21.3y1.2 of the others gave vary19.9ing versions of I don?t recall example when faced with the police report which contains statements from different victims during a time frame which the Defendant acknowledges she was actively23 working for Epstein at his various homes Defendant challenged the veracit-16.6y of the victims?-247.2r1.1eports Are say20.3i.4ng these girls are when they20.6 gave these reports to police officers?-17 A I?m not testify20.2i-.6ng to their lies I?m testify20i.4ng to Virginia?s lies See Declaration of Sigrid McCawley20.9 McCawley Decl at Exhibit April Deposition of Defendant W-6.3h-1.5ile-246Defendant was working with Epstein during the time period when these underage girls were visiting Jeffrey19.6?.2s home Defendant claimed-249to be at the house may20.9be once in Id at Yet according to flight manifests in that same general time period Defendant was listed as a passenger-245.6at least-251.6eleven times either landing in or departing from West Palm Beach Florida on Jeffrey20.3 See McCawley23.4 Decl at Exhibit April Depo Tr at see-246a-.7lso McCawley20.5 Composite Exhibit Flight Logs from Jeffrey20.2 Epstein?s private planes Moreover 10.1again according to flight logs Defendant was on Epstein?s planes over times 250.1i.5ncluding times with Ms Giuffre when Ms Giuffre was underage.-500.1Y2.1et quite 10Defendant claimed she couldn?t recall?-244.7even those flights See McCawley21.4 Deposition of Defendant at Case Document Filed Page of Defendant even testified that she did not recall havin7.1g.1 Ms Giuffre at her London townhome with Prince Andrew Defendant stuck to this incredible story-229.6despite flight logs establishing her traveling to L20.9ondon with Ms Giuffre 9.8and despite a photograph-249.7the three Giuffre Prince Andrew and Defendant standing together in Defendant-11.1?s home See McCawley19.9 Decl at Deposition of Defendant at Defendant?s deposition consisted almost entirely19.7 of I don?t recalls or I refuse to answer that question and also included a outburst that knocked the court reporter?s computer off the conference room table See McCawley20.8 Decl 10at Exhibit April Deposition of Defendant at Among the questions that Defend-10.5ant refused to answer at her deposition number of questions designed to show that Defendant-252.5was well aware that for Epstein a massage was actuall-20.2y a code word sexual activity not a therapeutic massage but rather activity20.6 that involved sexual gratification for Epstein Defendant refused to answer 8.8all such questions asserting that they20.1 involved private adult sexual relationships which did not relate in any20 to Ms Giuffre?s claims Id at But Defendant?s involvement in such relationships with Epstein would show that she knew full well the fate that-252.1was in store for Ms Giuffre when she accepted Defendant?s invitation to come and provide massages to Epstein Defendant admitted that she w5.6o.3rked for Epstein from See McCawley20.8 at For example when asked Have you ever said to anybody that you recruit girls to take the pressure off you so you won?t have to have sex with Jeffrey have you said that A You don?t ask me questions like that First of all you are trying to tr9.6ap me I will not be You are asking me if I recruit I told you no Girls meaning underage I already said I don?t do that with underage people and as to ask me about a specific conversation I had with language we talking about almost years ago when this took place I cannot testify to an conversation or language that I used with anybody at any time See McCawley Decl at Exhibit April Depo Tr at Case Document Filed Page of Exhibit Deposition of Defendant-260.6at As the Court knows the Palm Beach Police demonstrates multiple incidents of massages being given untrained minor c6h-.1ildren that involved sexual acts See McCawley21.3 Decl at-260.8Exhibit Beach Police Report Defendant is also identified in that Palm Beach Police Report See McCawley20 Decl at Exhibit Palm Beach Police Report at And the details of Epstein?s sexual activities with Defendant for example are highl)-17.4y relevant to this case because they20.5 will help corroborate Ms Giuffre?s testimony18.7 that while she was underage she also engaged in sexual activity of an identical nature with Epstein To-249.8allow Defendant to avoid answering these questions would preclude Ms Giuffre from getting critical evidence in this case Consider for example Defendant recruiting-239.8a.1n eighteen girl to be an assistant bringing-239.9that girl-252to Epstein?s home,-249.9telling-239h0er she could make more money20.8 if she would give Epstein a massage and then instructing-239.7her to give a massage that involved sexual Defendant?s theory20.5 of discovery20.4 Ms Giuffre would be precluded from deposing her on that topic because the actions would culminate in consensual adult sex Yet that scenario would fully20.1 validate-245.1the pattern of events that occurred with Ms Giuffre when she was under the age of eighteen would obviously20.5 show a 9.6?modus Jeffrey20.2 Epstein and Defendant which is 10.2admissible under Fed Evid Moreover such inquiries are crucial to impeaching the Defendant at trial 258.7During her deposition Defendant 8.9attempted to characterize her work for Epstein as nothing more than a normal job handling hiring for the various mansions See McCawley21.4 Decl at Exhibit April Deposition Tr of Defendant at Ms Giuffre should be able to contest that assertion having Defendant fully19.8 answer questions about whether that-260alleged-249.2?job involved Case Document Filed Page of sexual activities including orchestrating the hiring of females and converting massages into sexual encounters Defendant attempts to paint the picture that Ms Giuffre somehow is interested in all sexual relationships that the Defendant have been involved with That is not true Ms Giuffre has no intention of asking unbridled questions To be clear Ms Giuffre intends to ask Defendant only19.8 questions that involve the narrow and crucial subject areas Defendant?s sexual relationship with Epstein from to time period in which she worked for Jeffrey19.7 Epstein and which Epstein with the assistance of 8.9Defendant was)-250.6e4ngaging in sexual acts with-249.5females under the cover of Defendant?s sexual interactions)-249.4with person in Epstein?s presence-246.3during that time period Defendant?s)-250.4sexual activities at Epstein?s residences including his private island Little St Jeff?s or his aircraft-245.1during that time period Defendant?s sexual activities with identified participants in Epstein?s abuse-246.4during that time period and Defendant?s sexual interactions that occurred during or through what began as a and Defendant?s interactions with females to introduce to Jeffrey20.2 Epstein for the purpose of performing work including sexual massages Defendant claims-248.9that such questions are a mere fishing expedition without acknowledging the fact that these questions go to critical issues in this case Other witnesses have testified regarding Defendant?s involvement in recruiting females for sex under the cover of a massage During the investigation of Jeffrey21 Epstein certain household staff was-250.2d0eposed Alfredo Rodriguez who was Jeffrey20.3 Epstein?s household manager testified that the Defendant frequentl-22.1y3.7 in Jeffrey Epstein?s home and assisted with bringing in girls to act as masseuses for Jeffrey19.5 Epstein Going back to where we started here was does Ghislaine Maxwell have knowledge of the girls that would come over to Jeffrey21.2 Epstein?s house that are in Case Document Filed Page of roughl-22.3y the same age group as and minor children and to have a good time as put it A Yes And what was her involvement and/or knowledge about that A She knew what was going on See McCawley20.6 Exhibit Alfredo Rodriguez July19.2 Dep Tr at See also McCawley-230Decl.-249.7at Exhibit Alfredo Rodriguez July20.2 Depo Tr at noting that high school age girls come to the home where Jeffrey21.6 Epstein and Ms Maxwell reside Juan Alessi another household employ19.7ee also testified that y21.7oung girls were regularly19.5 present at Jeffrey20.3 Epstein?s home where Ghislaine Maxwell resides See McCawley21.7 Decl at Exhibit Juan Alessi November Sworn Statement-250.5at Specifically19.9 Juan Alessi informed the Palm Beach Police Detective as follows Alessi stated that towards the of his employ21ment the masseuses were y20.5ounger and When asked how young Mr Alessi stated they20.7 appeared to be sixteen or seventeen y22.2ears of age at most emphasis added See McCawley-229.5Decl.-249.5at Exhibit Palm Beach Police Report at During Juan Alessi?s-251November Statement-252.3t.5aken the Palm Beach Police Department Mr 10.3Alessi revealed that girls would come over to give massages and he observed Ms Maxwell going upstairs in the direction of the bedroom quarte5.9r.5s See McCawley23.4 Decl at Exhibit 10Juan Alessi November Sworn Statement at He also testified that after the massages he would clean up sex toy21s.4 that were kept in Ms Maxwell?s closet Id at McCawley20 Decl at Exhibit Juan Alessi September Depo Tr at added that he and his wife were concerned with what was going on at the house Id at and that he observed girls at the house including one named Virginia Id at Mr Rodriguez also testified that Defendant also had naked pictures of girls performing sexual acts on her computer See McCawley20.9 Decl at Exhibit Alfredo Rodriguez Aug12.2u.3st Dep Tr at See also McCawley20.3 Decl at Exhibit Juan Alessi September Case Document Filed Page of Depo Tr at 10.3know she Maxwell-257.3w.2ent out and took pictures in the pool because late9.8r on would see them at the desk or at the house percent of the time-246they20.6 were topless They20.6 were European Did they20.6 appear to be doing sexual A Yes ma?am And in these instances were there girls doing sexual things with other girls A Yes ma?am And still talking about the pictures on Ms Maxwell?s computer A Yes ma?am Upon leaving his employment Rodriguez testified that Defendant threatened him that he should not tell any20.6one about what happened at the house A I have to something Mrs Maxwell called me and told me not to ever discuss or contact her again in a threaten ing When was this A Right after I left because I call one of the friends for a job and she told me this but know feel intimidated and so I want to keep her out She made a telephone call to and what precisely20.5 did she A She said I forbid that y19.8ou?re going to be will be sorry21.8 if I contact of her friends again?She said something like don?t open y17.1our mouth or something like that I?m a civil humble I came as an immigra nt to service people and right now you feel a little and afraid First of all I don?t have a job but I?m glad this is on tape because I don?t want nothing to happen to me This is the way they treat better do this and 19you shut up and don?t talk to nobody and When this is the way22 they22.1 treat who specificall-21.9y are talking about when say22 that word A Maxwell See McCawley-229.2Decl at Exhibit Alfredo Rodriguez July19.2 Dep Tr at In sum at the core of this case are statements made Ms Giuffre that she was recruited Defendant to be paid as a masseuse was enticed or coerced into engaging in sexual acts with Epstein and Defendant for She has further explained that the recruitment of females through the offer of some legitimate position wa9.2s the ty20.5pical in which Defendant and Epstein lured unsuspecting females to the house before converting the relationship into a sexual Case Document Filed Page of one Ms Giuffre has described the frequency17.6 of these 223massages the sexual tendencies of the participants the manner in which the massages became sexual in nature and Defendant 2s role at each stage In response Defendant has called Ms Giuffre 2s entire account true and 223obvious lies Defendant has instead tried to portray-228 her role as nothing more than an Epstein employ20.2 ee performing ypical household management duties personal knowledge Defendant of Epstein 2s sexual tendencies habits and use of massage for sex is en tirely19.5 relevant to either corroborate Ms Giuffre 2s account Likewise Defendant 2s particip ation in sexual acts with Epstein in his presence on his properties using his mode of convertin massages into sex or with females will directly20.2 corroborate-245.9 Ms Giuffre 2s account On the other hand without access to the answers to these inquiries,-250.1 Ms Giuffre will be unable to expose the bias of Defendant unable to thoroughl-20.3 cross-examine Defendant 2s position that she was a lowly20.3 employ20.3 ee and most importantly20.5 unable to demonstrate through the Defendant 2s own admissions that Ms Giuffre 2s statements about Epstein and Defendant were absolutely17 true and not 223obvious lies Finally20.4 Defendant fails to recognize that the discovery20.4 purposes at issue here relevance an extremely20.9 broad concept Am Fedn of Musicians of the United States Canada Sony Music Entmt Inc No 15CV05249GBDBCM at S.D.N.Y Apr And once relevance shown 223the resisting discovery18.9 bears the burden demonstrating that despite the broad and liberal construction afforded the federal discovery20.4 rules the requests are irrelevant or are overly21.8 broad burdensome or oppressive.-12.1 Id Here the requests are not broad as Ms Giuffre 2s specific explanations of the targets of her questions clear Moreover answering the questions is not 223oppressive par ticularly18.5 given the fact that Defendant has placed all substantive aspects of the Deposition under seal Of Case Document Filed Page of course once Defendant answers the question her answers are placed under seal parties can file further motions that be required to determine whether the answers may19 be introduced at-251.1trial CONCLUSION Defendant should be ordered to answer questions-252regarding sexual activit-19y19.8 10connected with Epstein?s sex-8.2u.5al abuse and sexual-249.9t.1rafficking organization as specifically-229.6identified above Respectfully21.2 Submitted BOIES SCHILLER FLEXNER LL19P Sigrid McCawley Sigrid McCawley20.7 Pro Hac Vice Meredith Schultz Pro Hac Vice Boies Schiller Flexner LLP Las Olas Blvd Suite Ft Lauderdale FL David Boies Boies Schiller Flexner LLP Main Street Armonk NY Bradley20.6 Edwards-250.5 Pro Hac Vice FARMER JAFFE WEISSI21.3NG EDWARDS FI22.7STOS LEHRMAN P.L North Andrews Avenue Suite Fort Lauderdale Florida Paul Cassell Pro Hac Vice S.J Quinney30.1 College of Law University20.3 of Utah University20.3 St Salt UT This daytime business address is provided for identification and correspondence purposes only and is not intended to imply institutional endorsement by the University of Utah for this private representation Case Document Filed Page of CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the of I electronicall-22.7y20 10.1filed the foregoing document with the Clerk of Court using the CM/ECF I also certify20.3 that the foregoing document is being served this on the individuals identified below via transmission of Notices of Electronic Filing generated CM/ECF Laura A Menninger Esq Jeffrey20.6 Pagliuca Esq HADDON MORGAN FOREMAN P.C East th Avenue Denver Colorado Tel Fax Email lmenninger hmflaw.com jpagliuca hmflaw.com Sigrid McCawley Sigrid McCawley Case Document Filed Page of
