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FBI VOL00009
EFTA01070407
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. Case 9:08-cv-80811-KAM Document 54-5 Entered on FLSD Docket 04/02/2009 Page 11 of 14 19 • 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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: She's 21 no*. MR. CRITTON: She's 21 now. What the Court said is, you know, if you'd only brought this claim under 796 evidence of past issues, it's not an issue. You can't use this defense for anything, but because you brought these other claims which include, you know, sexual assault and you're 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 theother 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, she's'not only seeking -- she's seeking current emotional damage as a result of this relationship and you're trying to find out if she had prior relationships. that perhaps could be intertwined with it so that it's not just Mr. Epstein's -- MR. CRITTON: Right. A perfect example is U.S. Legal Support EFTA01070447
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Case 9:08-cv-80811-KAM Document 54-5 Entered on FLSD Docket 04/02/2009 Page 12 of 14 20 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 one of the cases that I have is there's 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. We're 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 I'm 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, there's 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 EFTA01070448
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Case 9:08-cv-80811-KAM Document 54-5 Entered on FLSD Docket 04/02/2009 Page 13 of 14 21 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you're going to disclose them and if they have a problem with it that they come to see me before you disclose it. So I'm going to give you 20 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, I'll have a John Doe heailng but, you know, this is her case. She's doing it. She's 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 she's seeking or she can drop the damages. That's her choice. If you seek. damages, you've 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 I'll deal with it. (The proceedings were concluded.) U.S. Legal Support EFTA01070449
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Case 9:08-cv-80611-KAM Document 54-5 Entered on FLSD Docket 04/02/2009 Page 14 of 14 22 1 2 3 4 5 6 7 $ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REPORTER'S 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 11th day TERES BELL, Court Reporter U.S. Legal Support EFTA01070450
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