EFTA00606754

Case 9:0B-cv-80119-KAM Document 469 
Entered on FLSD Docket 02/17/2010 Page 1 of 7 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
CASE NO.: 08-CV-80119-MARRA/JOHNSON 
JANE DOE NO. 2, 
Plaintiff, 
vs. 
JEFFREY EPSTEIN, 
Defendant. 
Related Cases: 
08-80232, 08-80380, 08-80381, 08-80994, 
08-80993, 0840811, 08-80893, 09-80469, 
09-80591, 09-80656, 09-80802, 09-81092, 
PLAINTIFF JANE DOE NO. 2's MOTION TO COMPEL 
COMPLIANCE WITH SUBPOENA AND FOR ORDER 
OF CONTEMPT AGAINST ALFREDO RODRIGUEZ, 
AND INCORPORATED MEMORANDUM OF LAW 
Plaintiffs, Jane Doe No. 2, et al., by and through undersigned counsel, hereby file 
this Motion to Compel Compliance with Subpoena and for Order of Contempt Against 
Alfredo Rodriguez, and Incorporated Memorandum of Law, pursuant to Fed.R.Civ.P. 
45(e), and state as follows: 
1. 
On July 25, 2009, Alfredo Rodriguez, a nonparty, was personally served a 
subpoena duces tecum to appear for deposition on July 29, 2009 ("the subpoena'). I The 
I Rodriguez was originally scheduled to appear for deposition on July 23, 2009, but failed 
to appear, claiming that he had "car troubles." Plaintiffs' counsel arranged for car service 
for him to appear at the July 29, 2009 deposition. 
EFTA00606754

Case 9:08-cv-80119-KAM Document 469 Entered on FLSD Docket 02/17/2010 Page 2 of 7 
subpoena and proof of service are attached as Exhibit "A." He was commanded to 
provide testimony and produce the following: 
Any and all journals, notes, diaries, writings or other 
documents referring to or relating to Jeffrey Epstein or 
events or incidents occurring at his residence located at 358 
El Brillo Way, Palm Beach, Florida, including without 
limitation, the journal you described to Palm Beach Police 
that contains the names of girls who visited the residence. 
2. 
Rodriguez did not object to the subpoena, nor did he claim the requested 
documents were privileged. He appeared for deposition on July 29, 2009, and August 7, 
2009, but he filed to bring any of the requested documents. During his testimony on 
August 7, 2009, he swore that he had no responsive documents in his possession, and that 
he had turned over all such documents to the Palm Beach Police, including a journal 
which listed the names and phone numbers of young girls who came to the residence 
where he worked to give "massages" to Jeffrey Epstein. agg Exhibit "B", deposition 
transcript of Alfredo Rodriguez, taken August 7, 2009, pp. 318-319. 
3. 
On February 1, 2010, Rodriguez was arraigned in federal court on 
obstruction of justice charges based on allegations that he intentionally withheld 
documents fiom federal and state law enforcement authorities. These withheld documents 
encompass those requested in Plaintiffs' subpoena, including the journal listing names 
and phone numbers of young girls. According to the criminal complaint, after making 
misrepresentations to federal law enforcement authorities and withholding documents, he 
attempted to sell these documents to a cooperating witness for $50,000. Rodriguez made 
this offer after his deposition on August 7, 2009, at which he testified under oath that he 
did not possess the documents. A copy of the criminal complaint is attached hereto as 
Exhibit "C". 
2 
EFTA00606755

Case 9:08-cv-8011 9-KAM Document 469 Entered on FLSD Docket 02/17/2010 Page 3 of 7 
4. 
It is likely that Rodriguez remains in possession of at least a copy of the 
journal that is the subject of the subpoena. Nonetheless, even if he did not retain a copy 
of the documents he handed to the cooperating witness, Rodriguez has the right to 
possession of those documents. Specifically, they are subject to production to Rodriguez 
in the discovery phase of his criminal case. The Assistant U.S. Attorney has an 
affirmative duty to produce all evidence in her possession that is material to the guilt of 
Alfredo Rodriguez, regardless of whether that information was requested by the 
Defendant or not 
See United States v. Bagley, 473 U.S. 667 (1985). See 
e 
Fed.R.Crim P. 16(a)(IXE). Evidence is material that creates a reasonable probability that 
the outcome of a criminal proceeding would be different if suppressed. PI at 682. The 
journal in question is the central piece of evidence in the prosecution's case against 
Alfredo Rodriguez. Accordingly, Alfredo Rodriguez has, at the very least, a right to 
possession of the document that are the subject of the Plaintiff's subpoena. 
5. 
Rule 45(aX1)(i), Fed.R.Civ.P., permits a party to subpoena documents 
from a nonparty that are within "that person's possession, custody or control." The term 
"control" under the federal discovery rules includes not only documents in the nonparty's 
possession, but also "the legal right to obtain the documents requested on demand." 
Searock v. Stripling, 736 F.2d 650 (11th Cir. 1984). Rodriguez has this right to obtain 
the subpoenaed documents under Battlev or in the normal course of discovery in his 
criminal case. 2 Therefore, it would not be an excuse or response that Rodriguez does not 
at this moment have possession of the subpoenaed documents. 
2 These documents, moreover, are not subject to the Fifth Amendment "act of 
production" privilege since they are already in the possession of the government and their 
3 
EFTA00606756

Case 9:08-cv-80119-KAM Document 469 Entered on FLSD Docket 02/17/2010 Page 4 of 7 
6. 
Plaintiffs' counsel has no other means of obtaining a copy of the 
documents in Rodriguez's possession except by means of an Order requiring full 
compliance with the July 25, 2009 subpoena. 
7. 
Plaintiff further seeks an Order pursuant to Fed.R.Civ.P. 45(e) to bold 
Rodriguez in contempt of court, together with sanctions as this Court deems appropriate. 
8. 
A Commentary to Rule 45(e) notes "the special role that contempt plays in 
enforcing subpoenas against nonparty witnesses". Fed.R.Civ.P. 45(e) (Commentary C45-
26, Contempt). Where a nonparty fails to comply with a subpoena, "the threat of 
contempt is the only remedy." Ida The civil contempt power of the Court extends to jail 
of the nonparty to enforce compliance: 
The contempt most often associated with the disobedience 
of a subpoena is the category of "civil" contempt, the 
purpose of which is to enforce compliance in the particular 
case, with any penalty imposed designed to further the 
rights of the party in whose behalf the subpoena issued. 
When it is still within a person's power to comply, for 
example, and the person willfully refuses to, the person can 
be jailed until compliance is offered. Even the jailing in 
that case is an aspect of civil, not criminal, contempt. 
9. 
Plaintiffs' counsel has conferred with federal public defender David 
Brannon, who stated that Alfredo Rodriguez objects to the relief requested in this Motion 
in that Alfredo Rodriguez claims to no longer be in possession of responsive documents. 
WHEREFORE, Plaintiffs, Jane Doe No. 2 et al., respectfully request (1) an Order 
requiring Alfredo Rodriguez to comply with the lawfully issued subpoena duces tecum and 
produce copies of all documents in his care, custody or control relating to Jeffrey Epstein, 
production would not "implicitly authenticate" them. Se.e Fisher v. United States, 425 
U.S. 391, 410 (1976). 
4 
EFTA00606757

Case 9:08-cv-80119-KAM Document 469 
Entered on FLSD Docket 02/17/2010 Page 5 of 7 
including without limitation, the log of names and phone numbers he recently attempted to sell 
to a cooperating witness; (2) an order holding Alfredo Rodriguez in contempt of court for 
failure to comply with the lawfully issued subpoena, and providing that Alfredo Rodriguez 
shall produce the requested documents to Plaintiffs' counsel by a date certain or be arrested and 
jailed for civil contempt until such time as the documents are produced; and (3) any and all 
other relief this Court deems appropriate. 
Certificate Pursuant to S.D.Fla.L.R. 7.1(A)(3) 
Counsel for the movant has conferred with counsel for the nonparty affected by the 
relief sought in this Motion in a good faith effort to resolve the issues raised in the Motion and 
has been unable to do so. 
Dated: February 17, 2010 
Respectfully submitted, 
By: 
/s/ Adam D. Horowitz 
Stuart S. Mermelstein FL Bar No. 947245) 
am . orovn 
ar o.376980) 
Jessica D. Arbour (FL Bar No. 67885) 
MERMELSTEIN & HOROWITZ, P.A. 
Attorneys for Plaintiffs 
18205 Biscayne Blvd., Suite 2218 
Miami. Florida 33160 
5 
EFTA00606758

Case 9:08-cv-80119-KAM Document 469 
Entered on FLSD Docket 02/17/2010 Page 6 of 7 
CERTIFICATE OF SERVICE 
I hereby certify that on February 17, 2010, I electronically filed the foregoing 
document with the Clerk of the Court using CM/ECF. I also certify that the foregoing 
document is being served this day to all parties on the attached Service List in the manner 
specified, either via transmission of Notices of Electronic Filing generated by CM/ECF 
or in some other authorized manner for those parties who are not authorized to receive 
electronically Notices of Electronic Filing. 
/s/ Adam D. Horowitz 
6 
EFTA00606759

Case 9:08-cv-80119-KAM Document 469 
Entered on FLSD Docket 02/17/2010 Page 7 of 7 
SERVICE LIST 
DOE vs. JEFFREY EPSTEIN 
United States District Court, Southern District of Florida 
Jack Alan Goldberger, Esq. 
Robert D. Critton, Esq. 
Michael James Pike 
Bradley James Edwards 
Isidro Manuel Garcia 
Jack Patrick Hill 
7 
Katherine Warthen Ezell 
IMMIS 
Paul G. Cassell 
Richard Horace Willits 
Robert C. Josefsberg 
Via Facsimile and Regular Mail: 
Dave Lee Brannon, Esq. 
Federal Public Defender 
450 S Australian Ave Ste 500 
West Palm Beach, Florida 33401-5008 
EFTA00606760

Cias,(1618-ev-80149,akCeMmereapiment 469-1 
Entered on FL SO DiBcqpriflq2;1_9009Page 1 ii:13 4 
AO SSA (Rev. 01/09) Sobsens io Test4 at s Daposicke of soPnal000 Doeustads in a Qvi Action 
UNITED STATES DISTRICT COURT 
for the 
Southern District of Florida 
Jane Doe No. 2 
Plaffingtf 
v. 
Jeffrey Epstein 
Dckndare 
Civil Action No. 08-CV-80119-MARRAJJOHNSO 
(If the ittlion is pending in another distsid, state what 
SUBPOENA TO TESTIFY AT A DUOS 
OR TO PRODUCE DOCUMENTS IN A 
To: Alfredo Rodriguez 
11349 SW 88 Lane, Miami, FL 
I 
th  
1 1/ 141
Tartmony: YOU ARE COMMANDED to appear at the time, 
nit, and 
set f 
to testify at a 
deposition to be taken in this civil action. If you are an organization that is not a party in this cue, you must desigtet 
one or more officers, directors, or managing agents, or designate other persons who consent to ritify on your behalf 
about the following matters, or those set forth in an attachment: 
Place: Kress Court FteportIng 
1031 Ives Dairy Road, Suite 228, Bldg. 4 
North Mang, FL 33179 
Date and Time: 
07291200911:00 am 
The deposition will be recorded by this method: Court Reporter and Vldeograoher 
if Production: You, or your representatives, must also bring with you to the deposition the following documents, 
electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the 
material: 
Any and all journals, notes, diodes, writings or other documents referring or relating to Jeffrey Epstein or events or 
incidents occurring at his residence located at 358 El Brillo Way, Palm Beach, Florida, including without limitation, the 
Journal you described to Palm Beach Police that contains names of girls who visited the residence. 
The provisions of Fed. IL Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule 
45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are 
attached. 
Date:  
07/24/2009 
The name, address, e-mail, and telephone number of the attorney representing (name of party) 
 
Jane Doe No. 2 
Mermeistein & Horowitz, PA -Adam D. Horowitz, Esq. 
18206 Biscayne Blvd., Starr 2218, Mang, FL 33160 
Tel: 305-931-2200 - emat ahorovelz@sexabuseaftomey.00m 
, who issues or requests this subpoena, art 
EXHIBIT 
4 
EFTA00606761

me.et8SA8-cv-8Ok-Sitalblt}neio:. 
ment 469-1 
Entered on FLSD flaolttikt,Q,?/1.“2911;309 Page 2A 4 
AO 28A (Rev. 01/050Subpcauk to Tester ate DopasiS:e orb Prodoce Dectxneati is a Civil Action (Pap 2) 
Civil Action No. 08-CV-80119.MARRNJOHNSO 
PROOF OF SERVICE 
(This section should not be filed with the cowl finless required by Fes L R CM P. 41) 
This subpoena for (Tame  
havIdual ond rule tjatry) 
was received by me on (dote 
O 1 personally saved the subpoena on the individual at (place) 
(dak) 
O I left the subpoena at the individual's residence or usual place of abode with (nom) 
, a person of suitable age and discretion who resides there, 
on (date) 
, and mailed a copy to the individual's last known address; or 
O I served the subpoena on (name of Individual) 
designated by law to accept service of process or behalf of (name of organtemlan) 
on Owe/ 
; or 
O I returned the subpoena unexecuted because 
O Other (spec '): 
Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also 
tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of 
My fees are S 
for travel and $ 
for services, for a total of S 
0.00 
Date: 
I declare under penalty of perjury that this information is true. 
; or 
Server's signature 
Printed name and ink 
Server's adders 
Additional information regarding attempted service, etc 
EFTA00606762

alstiVe8-cv-80114tilantditlmeOtament 469-1 
Entered on F LSD Docket P2/17/41%39Page 3 ph 4 
MERMELSTEIN & HOROWITZ PA 
ATTORNEYS AT LAW 
July 24, 2009 
Vitt Process Server 
Alfredo Rodriguez 
11349 SW 86th Lane 
Mami, FL 33173 
Re: 
Jane Does v. Jeffrey Epstein 
Dear Mr. Rodriguez: 
Stuart S. Mermetatein 
18205 Biscayne Bhd. 
Suits 2218 
Mart* Florida 39180 
vowanabuseattomay.com 
As you arc aware, your deposition has been rescheduled to July29, 2009 at 11:00am. due to 
your ear problems on the previously scheduled date ofJuly 23, 2009. We will provide ear service to 
transport you to and from the deposition. The car will pick you up at 9:45 a.m. on Wednesday, 
July 29, 2009. Please review the witness and document subpoena you are being provided by the 
process server. 
Thank you for your attention to this matter. 
Very truly yours, 
A7t 
Stuart S. Mermelstein 
EFTA00606763

Case 9:08-cv-80119-KAM Document 469-1 
Entered on FLSD Docket 02/17/2010 Page 4 of 4 
RETURN OF SERVICE 
UNITED STATES DISTRICT COURT 
MIAMI-DADE District of Florida 
Case Number. 08-CV-80119-MARRA/JOHNSO 
Plaintiff: 
JANE DOE NO. 2 
vs. 
Defendant 
JEFFREY EPSTEIN 
For. 
Adam O Horowitz 
MERMELSTEIN & HOROWITZ PA 
18205 Biscayne Bolevard 
Suite 2218 
Miami, FL 33160 
Received by MIMAI-DADE PROCESS, INC. on the 24th day of July, 2009 at 4:00 pm to be served on ALFREDO 
RODRIGUEZ, 11349 SW 86 LANE, MIAMI, FL. 
I, RAFAEL (BUDA) GONZALEZ. do hereby affirm that on the 25th day of July, 2009 at 5:24 pm, I: 
Individually Served the within named person with a true copy of this SUBPEONA TO TESTIFY AT DEPOSITION 
OR TO PRODUCE DOCUMENTS IN A CIVIL ACTION with the date and hour endorsed thereon by me, pursuant 
to State Statutes. 
I certify that I am over the age of 18, have no interest in the above action, and am a Process Server, in good 
standing, in the judicial circuit in which the process was served and have proper authority in the jurisdiction in which 
this service was made..Under penalties of perjury, I declare that I have read the foregoing document and that the 
facts stated in it are true F.S. 92.525 Verification of documents. 
FAEL (BUDA) GONZALEZ 
rtifed Process Server #1250 
MIAMI-DADE PROCESS, INC. 
247 S.W. 8 Street # 293 
Miami. FL 331304513 
Our Job Serial Number 2009001154 
CePrehl 0 11024005 000ess Swam. Inc • Proms* !Proles Tocaxx V0 2w 
EFTA00606764

C e 9:08-cv-80119-KAM Document 469-2 
Entered on FLSD Docket 02/17/2010 Page 1 of 3 
aE DOE N0.6, 
Make, 
FREY EPSTEIN, 
Defendant 
USE NQ 0B-CV-$0994 
CASE NO: 08-Cv-80993 
E 00E, 
CASE NO: OIKV410893 
E DOE NO. II, 
CASE NO: 08-CV-80469 
Plaintiff, 
'S. 
EFFREY tea i t04, 
Defendant. 
ME DOE NO. 101 
CASE NO: 08-CV-80591 
Plaintiff, 
S.
EFFREY EPSTEIN, 
Defendant. 
ME DOE NO. 102, 
CASE Nth 08-CV-80656 
Malntiff, 
s. 
EFFREY EPSTEIN, 
Defendant 
Page 271 
1 
2 
3 
4 
5 
IN THE aftcurr COURT OF THE 15Th 
JUDICIAL CIRCUIT IN AND FOR 
PALM BEACH COUNTY, FLORIDA 
CASE NO. 502038CA037319)C0C048 AB 
2/3 
6 
Plaintiff, 
7 
Vs. 
9 
JEHREY EPSTEIN. 
Defendant 
10 
11 
17 
1031 Ives Dairy Road 
13 
Suite 228 
North Miami, Eland,' 
14 
August 7, 2009 
1:15 p.m. to 5:30 p.m. 
15 
16 
CONTINUED 
17 
VIDEOTAPED 
18 
DEPOSITION 
19 
CC
20 
ALFREDO RODRIGUEZ 
21 
22 
taken on behalf of the Plaintiffs pursuant 
23 to a Re-Notice of Taking Continued Videotaped 
24 
Deposition (Duces Team) 
25 
Page 272 
Page 271 
1 APPEARANCES: 
2 
3 
MEMEISTEIN /1 HOROWITZ, PA. 
4 
BY: ADAM HOROWITZ, ESQ. 
18206 Moyne Boulesd 
5 
Sete 221$ 
tan, Plorlda 33160 
6 
Atuney for Jane Doe 2, 3, 4, 5, 
6, and 7. 
7 
8 
RCRSTISIN ROSPINFEUR ADLER 
9 
BY: BRAD 
EDWARDS, ESQ., and 
CAM HOLES, ESQ. 
t0 
Las Oiss CRY Caere 
Suite 1650 
11 
401 East Las Olas Boulevard 
Fat !rodent/de, Mild. 33301 
12 
AEbne/ for lane Doe ad £W. 
And LM. 
13 
14 
POEMPST ORSEC1C 
15 
BY: KATHERINE W. &EU., esQ. 
25 West Rapier Street 
16 
Suite 800 
Min, Horde 33130 
17 
Motley for )elf Doe 101 and 102. 
18 
lEOPOWKININ 
19 
BY: ADAM). LANGINO, ESQ. 
nes PGA tioulerard 
20 
Stale 200 
21 
Pairs Beach Gamens, R000. 33410 
Attorney foe 1511. 
22 
23 
24 
25 
Kress Court Reporting, Inc. 305-866-7688 
7115 Rue Notre Dame, Miami Beach, FL 33141 
g 
r
XHIBIT 
I to z/ 4 
EFTA00606765

se 9:08-cv-80119-KAM Document 469-2 
Entered on FLED Docket 02/1 1110 1 6Page z of a 
Page 315 
master bedroom? 
Yes, ma'am. 
Q. And how would you do that? If you want 
w turn the page over for the upstairs you could 
do that. 
A Okay. 
MR. CRITTON: Are you going to mark this 
as an exhibit? 
• 
MS. EZELL: Uh-huh. 
MR. CRITTON: Would that be Exhibit 3? 
MR. EDWARDS: I think so. 
(Exhibit No. 3 was marked for 
Identification.) 
THE WITNESS: This is the master bedroom, 
master bath, and there were one, two -- the 
rest of the bedrooms were here and the 
master bedroom was here. This is master 
bath one and master bath two. 
So the staircase came to the second floor 
fike this and it was between the first and 
second bedroom. And you could go through 
here and you enter a foyer with double doors 
here, double doors here, and you enter the 
master bedroom. 
BY MS. EZELL: 
Page 317 
1 
Q. White. By the way, I have some more 
2 
water, would you like some? 
3 
A. Thank you, ma'am. 
4 
Q. !figure if I'm a tattle dry you may be 
5 
too. 
6 
I believe one of the items that you 
7 
mentioned that sometimes had to be picked up after 
8 
girls were there giving massages was a back 
9 
massager. 
10 
A. Yes, ma'am. 
11 
Q. Could you describe that for me, please? 
12 
A. It was a piece about this big. 
13 
Q. Would you say that's about 18 inches? 
14 
A. Yes, ma'am. And two prongs with the 
15 rubber tips and a cord. 
16 
Q. Okay. 
17 
A. Or it could be detached too. 
18 
Q. Do you have any recollection of what make 
19 that was? 
20 
A. No, ma'am. 
21 
Q. Were there any other massagers that you 
22 
recall seeing there regularly? 
23 
A. Those are the ones I remember. I think 
24 they are from Sharper Image, but I don't —
25 
Q. Okay. Were there often girls around the 
Page 316 
Q. All right How would you get to the 
master bathroom on that end? 
A. You go through these double doors, go 
around the bed and you gain access to the master 
bedroom — master bathroom, sorry. 
Q. And then there was another master 
bathroom on the other side of the room? 
A. Yes, ma'am. 
Q. Where generally did the massages take 
place? 
A. Right here, ma'am. 
Q. And is that in the master bathroom? 
A. Master bathroom, yes. 
Q. Do you recall what color the tile was in 
that bathroom? 
A. There was carpet. 
Q. Was there tile on the walls or marble 
or --
A. There was a sauna here with marble but 
outside the sauna everything was carpet, and the 
walls, they didn't have any tile. Oh yes, I will 
saY four feet off the floor they will have marble. 
Q• And do you remember what color marble it 
was? 
A. White. 
Page 318 
1 pool at the house? 
2 
A. Yes, ma'am. 
3 
Q. And were these sometimes the same girls 
4 
that came to give massages? 
5 
A. Yes, ma'am. 
6 
Q. Were there girls in addition to those who 
7 
came to give massages who hung around the mot? 
8 
A. The girls who were staying at the house. 
9 
Q. Okay. And so they weren't girls who just 
10 regularly came to hangout around the pool? 
11 
A. No, ma'am. 
12 
MS. EZELL: Excuse me. Can we go off the 
13 
record fora minute? 
14 
(Thereupon, a recess was had.) 
15 
THE VIDEOGRAPHER: We're back on the 
16 
record with tape number two. 
17 BY MS. EZELL: 
18 
Q. Mr. Rodriguez, did you receive a subpoena 
19 that asked you to bring documents with you to the 
20 deposition? 
21 
A. Yes, ma'am. 
22 
Q. And did you bring any with you? 
23 
A. I couldn't find anything at my house. 
24 
Q. Okay. I believe we talked about a 
25 journal that you kept, and you looked for that? 
13 (Pages 315 to 318) 
Kress Court Reporting, Inc. 305-866-7688 
7115 Rue Notre Dame, Miami Beach, FL 33141 
EFTA00606766

Page 319 
A. yes, ma'am. 
Q. And you couldn't find it? 
A. !give it to Detective Joe. 
Q. pecarey? 
A. Yes, ma'am. 
Q. You mentioned that you called Mr. 
ean-Luc Bernell about a recommendation when you 
looking for a job. 
A. Yes, ma'am. 
Q. And did you know hlm from his visits in 
e home? 
A. Yes, ma'am. 
Q. Did you say that his wife's name was Eva? 
MR. CRITTON: Form. 
THE WITNESS: No, ma'am. 
Y MS. EZELL: 
Q. Do you know what his wife's name was? 
A. Eva was a model, a former model from 
rs past who was friend of Mr. Epstein. 
Q. Do you know if she was married to Glenn 
Dubin? Do you know Mr. Dubin? 
MR. CRITTON: Form. 
THE WITNESS: I believe, yeah, I'm not 
sure, ma'am. 
Y MS. I7ELL: 
Page 3211 
1 BY MS. EZELL: 
2 
Q. Did they ever visit Mr. Epstein at the 
3 
home when you were there? 
4 
A. Yes, ma'am. 
5 
Q. How old was the little girl at that time? 
6 
A. Eight years old. 
7 
Q. Did the girl's father come to visit as 
8 
well? 
9 
A. Yes, ma'am. 
10 
Q. And do you remember his name? 
11 
A. No, ma'am. 
12 
Q. Do you remember hearing anything about 
13 what he does fora living? 
14 
A. No, ma'am. 
15 
Q. Can you describe him? 
16 
A. Tall, American born, I will say 50 years 
17 old. 
18 
Q. What color hair did he have? 
19 
A. At that time it was black with a kw 
20 
white hairs. 
21 
Q. Were there drawings of nude women in the 
22 
house? 
23 
A. No, ma'am. 
24 
Q. Were there paintings of nude women in the 
25 house? 
Page 320 
Q. Is she now a doctor? 
A. No, she was a model, her husband could be 
a doctor but I don't think she is. 
Q. Okay. So is Jean-Luc Bernell married; to 
your knowledge? 
A. I don't know, ma'am. 
Q. I think I must have gotten confused 
because we were talking about the picture in the 
house of the little girl who is lifting up her 
skirt or her underpants, I'd forgotten what it 
was. 
A. Yes, ma'am. 
MR. CRITTON: Form. 
BY MS. F2ELL: 
Q. And I thought you said that that was 
Jean-Luc's child. 
A. No, ma'am, she is Mrs. Eva. 
Q. Eva's child? 
A. Yes, ma'am. 
Q. And she is Jeffrey Epsteln's Goddaughter? 
A. Yes, ma'am. 
live Q. Do you know where she and her mother 
? 
A. They live in Manhattan. 
MR. CRIiTON: Form. 
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 
Page 322 
A. Yes, ma'am. 
Q. Did any of those appear to be 
Ms. Maxwell? 
A. Yes, ma'am. 
Q. You mentioned that Louella who was still 
working there when you left --
A. Yes, ma'am. 
Q. — was a very religious woman --
A. Yes, ma'am. 
Q. 
— and would sometimes be upset about 
seeing pictures of nude girls or having to pick up 
sex toys, et cetera. 
MR. CRITTON: Form. 
THE WITNESS: Yes, ma'am. 
BY MS. EZELL: 
Q. And you said that you remembered her 
crying because there was a picture of the Pope 
next to a picture of a naked girl. 
MR. CRITTON: Form. 
THE WITNESS: Yes, ma'am. 
BY MS. EZELL: 
Q. Do you know who that naked girl was? 
A. I don't remember, ma'am. 
Q. I believe David Copperfield's name came 
up in the last deposition as someone who would 
14 (Pages 319 to 322) 
Kress Court Reporting, Inc. 305-866-7688 
7115 Rue Notre Dame, Miami Beach, FL 33141 
EFTA00606767

Case 9:08-cv-8011 9-KAM Document 469-3 
Entered on FLSD Docket 02/17/2010 Page 1 of 7 
Case 9:09-mj-08308-LRJ Document 3 Entered on FLSD Docket
 2/09/2009 P e 1 of 7 
AO 51 1Rev. 5/8.5191mital O3sItiat AVA VILLAFARA 
United States District Court 
SOUTHERN DISTRICT OF FLORIDA 
UNITED STATES OF AMERICA 
CRIMINAL CO 
vs. 
ALFREDO RODRIGUEZ, 
Defendant. 
STC/ZN Y. %AMORE 
CLtlt
S n.'Of aft. • %SS. 
LAINT 
CASE NUMBER: 09-8308-LRJ 
I, the undersigned complainant, being duly sworn, state the following is true and correct to the best 
of my knowledge and belief. 
From at least as early as January 18, 2007, through on or about November 3, 2009, in Palm Beach 
County, in the Southern District of Florida, and elsewhere, the defendant, 
ALFREDO RODRIGUEZ, 
did corruptly conceal a record, document, or other object, with the intent to impair the object's availability 
for use in an official proceeding and otherwise corruptly obstructed or impeded an official proceeding, 
in violation of Title  18 , United Stales Code, Section  1512(c) 
. 
I further state that I am a  Special Agent with the Federal Bureau of Investigation 
 and that this 
Complaint is based on the following facts: 
Please see attached Affidavit 
Continued on the attached and made a part hereof. 
Chris ma J. Pryor, Special 
Federal Bureau of Investiga 
Sworn to before me, and subscribed in my presence, 
upon my finding of probable cause. 
December f 
.2009 
Date 
City and State 
at 
West Palm Beach. Florida 
LINNEA R. JOHNSON 
UNI 
STATO_MAGISTRATE HAD 
4'7, 1 
Signature of Judi 
Car 
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%.0 
AFFIDAVIT
I, Christina J. Pryor, being duly sworn, do state and attest as follows: 
1. 
I am a Special Agent with the Federal Bureau of Investigation (FBI) and have 
been so employed for three (3) months. I am currently assigned to the Safe Streets Task 
Force, Miami Field Division, FBI Squad PB-2. Prior to joining the Miami Field Division, 
I attended the FBI Academy in Quantico, Virginia, for five (5) months where I received 
training in federal criminal laws and investigation techniques, including the laws related to 
obstruction of justice. 
2. 
This affidavit is based upon my own personal knowledge of the facts and 
circumstances surrounding the investigation, and information provided to me by other law 
enforcement officers. This affidavit does not purport to contain all the information known 
to me about this case but addresses only that information necessary to support a finding of 
probable cause for the issuance of a criminal complaint charging Alfredo Rodriguez with 
obstruction of official proceedings, in violation of Title 18, United States Code, Section 
1512(c). 
3. 
On October 27, 2009, agents of the FBI met with and interviewed a 
cooperating witness ("CW"). The CW reported that, while conducting discovery in a 
pending civil case before the United States District Court for the Southern District of Florida, 
he came into contact with Alfredo Rodriguez ("Rodriguez"), who was a subpoenaed witness 
in the civil case. 
4. 
Rodriguez had been interviewed by FBI agents on January 18, 2007, in 
connection with a federal criminal investigation into the sexual exploitation of minors. Prior 
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to being interviewed by FBI, Rodriguez had also been contacted and interviewed by local 
police detectives, and had been asked to produce documents related to the criminal 
Investigation. The civil litigation involving the CW related to civil damages claims made by 
victims of the criminal activity that formed the basis of the state and federal criminal 
investigations. 
5. 
The CW explained to agents that Rodriguez had been deposed under oath on 
two occasions. The first deposition occurred on July 27, 2009, and the second deposition 
was conducted on August 9, 2009. In connection with those depositions, Rodriguez was 
served with a subpoena duces tecum that called for the production of several types of 
documentary evidence. The CW was present for both depositions and Rodriguez testified 
that he had no documents responsive to the subpoena ducts tecum. 
6. 
In August 2009, after the conclusion of the second deposition, the CW received 
a phone call from Rodriguez. Rodriguez informed the CW that he had additional information 
that he had not previously disclosed to any law enforcement agency or any of the civil 
attorneys. Rodriguez described the information as, the Holy Grail or Golden Nugget and 
explained that he had compiled lists of additional victims in the case and their contact 
information. Rodriguez explained that the information contained hundreds of additional 
victims and their phone numbers from diverse geographic locations, including New York, 
New Mexico, and Paris, France. 
7. 
Rodriguez asked the CW to pay him $50,000.00 and, in return, Rodriguez 
would turn over the documents relating to the victims. In his initial and subsequent 
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communications with Rodriguez, the CW explained to Rodriguez that he was under 
subpoena to turn over such information and that it would be illegal for Rodriguez to demand 
money for turning over the information. Rodriguez persisted that he would only turn over 
the information in his possession in exchange for S50,000.00. 
8. 
On October 28, 2009, in a consensually-monitored phone call, the CW 
telephoned Rodriguez. 
Rodriguez again indicated that he would not turn over the 
information relating to the additional victims without monetary compensation. Rodriguez 
was told that an associate of the CW would be in touch with him regarding the information 
and exchange. The associate that the CW referred to was, in fact, an undercover employee 
(UCE) of the FBI. 
9. 
On October 29, 2009, the FBI LICE contacted Rodriguez via telephone. 
Rodriguez again explained that he would only turn over the information in exchange for 
monetary compensation. The UCE advised Rodriguez that it would take several days to 
acquire the funds and that once the funds were obtained, he/she would contact Rodriguez. 
During the conversation, Rodriguez admitted that he knew that the information was relevant 
to the FBI's criminal investigation and was called for by the investigation. Rodriguez 
explained that he had not turned over the information to the FBI because: (1) it was his 
"property" and he should be compensated for it; and (2) he was afraid that the target of the 
investigation would make him "disappear" or otherwise harm him, and the information was 
his "insurance policy." 
10. 
On November 2, 2009, the UCE made contact with Rodriguez via telephone. 
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In that conversation, Rodriguez and the UCE continued the discussion regarding the purchase 
of the documents and scheduled a meeting for the following day. 
11. 
On November 3, 2009, Rodriguez met with the UCE at a predetermined 
location. During the meeting, Rodriguez produced a small bound book and several sheets 
of legal pad paper containing hand written notes. Rodriguez explained that he had taken the 
bound book from his former employer's residence while employed there in 2004 to 2005 and 
that the book had been created by persons working for his former employer. Rodriguez 
discussed in detail the information contained within the book, and identified important 
information to the UCE. In addition, Rodriguez admitted he had previously lied to FBI. 
Rodriguez asked the UCE about the $50,000.00, took possession of the money, and began 
counting it. 
12. 
Rodriguez was then detained for Obstruction of Official Proceedings, Title 18, 
U.S. Code, Section 1512(c), and questioned. After Miranda warnings were administered by 
agents, Rodriguez waived his rights and signed a written waiver of those rights. Rodriguez 
admitted that he had the documents and book in his possession and had never turned them 
over to local law enforcement or the FBI. In addition, Rodriguez advised he had witnessed 
nude girls whom he believed were underage at the pool area of his former employer's home, 
knew that his former employer was engaging in sexual contact with underage girls, and had 
viewed pornographic images of underage girls on computers in his employer's home. 
Rodriguez was then released from custody for further investigation. 
13. 
The items that Rodriguez had attempted to sell to the UC for 550,000.00 
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were reviewed by an agent familiar with the underlying criminal investigation. As Rodriguez 
had described, the items contained information material to the underlying investigation that 
would have been extremely useful in investigating and prosecuting the case, including the 
names and contact information of material witnesses and additional victims. Had those items 
been produced in response to the inquiries of the state law enforcement officers or the FBI 
Special Agents, their contents would have been presented to the federal grand jury. 
Based upon the foregoing, your affiant believes that probable cause exists to believe 
that, from at least as early as January 18, 2007 through on or about November 3, 2009, in 
Palm Beach County, in the Southern District of Florida, and elsewhere, Alfredo Rodriguez 
did corruptly conceal a record, document, or other object, with the intent to impair the 
object's availability for use in an official proceeding and otherwise corruptly obstructed or 
impeded an official proceeding, in violation ofTitle 18, United States Code, Section 1512(c). 
FURTHER YOUR AFFIANT SAYETH NAUGHT. 
C 
FEDERAL BUREAU OF 
S 
Sworn to and subscribed before me 
this 
/ 
 day of December, 2009. 
R. JOHNSO 
UNITED STATE 
GISTRATE JUDGE 
5 
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Atr
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