EFTA01158522

18 
I've answered most of your other questions here today --
19 
MR. PIKE: Excuse me for a minute, 
20 
Mr. Epstein. 
21 
Obviously, your line of questioning is 
22 
personal not does -- does Mr. Epstein -- does 
23 
Mr. Epstein know who President Clinton is by virtue 
24 
of him being the President of the United States. 
25 
You mean, does he personally know him, correct? 
0112 
1 
MR. KUVIN: Absolutely. Thank you for the 
2 
clarification, and I'll clarify. Next time I can 
3 
rephrase, do you know them personally. I don't 
4 
want to have go back to every question. Do we have 
5 
the understanding that my questions before --
6 
MR. PIKE: Yes. 
MR. KUVIN: -- dealt with whether or not 
Mr. Epstein knew these gentleman, I was asking, 
personally? 
MR. PIKE: Yes. I want the record to be 
clear. I don't want you to later say that how 
could Mr. Epstein not know who President Clinton is 
by virtue of him being the President of the United 
States at some point in time, and vice versa with 
Kevin Spacey and whoever else you -- so, yes, we 
have that agreement on a personal basis. 
MR. KUVIN: Okay, perfectly fine. 
MR. KUVIN: 
Q. 
Do you know Actor Kevin Spacey personally? 
A. 
I'm going to answer that question the same way 
I've answered most of your other questions here today, 
which is, I intend to respond to all relevant questions 
regarding this lawsuit; however, at the present time, I 
cannot provide questions to any questions relevant to 
this lawsuit. I must accept this advice or risk losing 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
BY 
19 
20 
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22 
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24 
25 
0113 
1 
my 6th Amendment right to effective representation. 
2 
Accordingly, I assert my federal constitutional rights 
3 
as guaranteed by the 5th, 6th and 14th Amendment to the 
4 
US Constitution. 
5 
Another yawn? That's pretty good. Try to --
6 
Q. 
That was just a breath, actually, a deep 
7 
breath, that's all. Thank you for paying attention. 
8 
Do you know Actor Chris Tucker personally? 
9 
A. 
I'm going to answer that question the same way 
10 
I've answered most of your other questions here today, 
11 
which is, I intend to respond to all relevant questions 
12 
regarding this lawsuit; however, at the present time, my 
13 
attorneys have counseled me I cannot provide answers to 
14 
any questions that may be relevant to this lawsuit. I 
15 
must accept their advice or risk losing my 6th Amendment 
16 
right to effective representation. Accordingly, I 
17 
assert my federal constitutional rights as guaranteed by 
18 
the 5th, 6th and 14th Amendment to the US Constitution. 
19 
Q. 
Do you own -- do you own a Boeing 727? 
20 
MR. PIKE: I'm sorry, Spencer, I didn't hear 
21 
you. Can you repeat the question? 
22 
MR. KUVIN: Sure. 
23 
BY MR. KUVIN: 
24 
Q. 
Do you own a Boeing 727? 
25 
MR. PIKE: Form objection, relevance. 
0114 
1 
THE WITNESS: I'm going to --
2 
MR. KUVIN: Hang on. 
EFTA01158562

3 
THE WITNESS: Excuse me. 
4 
MR. KUVIN: I'm sorry, what's the form 
5 
objection? 
6 
MR. PIKE: It's a form objection and relevance 
7 
followed thereafter. 
8 
MR. KUVIN: I just wanted to correct the form 
9 
if there was something wrong with the form. Is 
10 
there anything particular with the form I need to 
11 
correct? 
12 
MR. PIKE: Form, relevance. 
13 
BY MR. KUVIN: 
14 
Q. 
Do you own a Boeing 727? 
15 
A. 
I'm going to answer that --
16 
(Interruption in the proceedings.) 
17 
UNIDENTIFIED WOMAN: Carl, is here for, 
18 
Mr. Kuvin. 
19 
MR. KUVIN: Who? 
20 
UNIDENTIFIED WOMAN: He said he was expecting 
21 
him. 
22 
MR. KUVIN: Please let him know we're going to 
23 
be taking a break at 12:00, and if he could wait. 
24 
Thank you. 
25 
BY MR. KUVIN: 
0115 
1 
Q. 
I apologize for the interruption. 
2 
A. 
No problem. 
3 
I'm going to answer that question the same way 
4 
I've answered most of your other questions here today, 
5 
which is, I fully intend to respond to all relevant 
6 
questions regarding this lawsuit; however, at the 
7 
present time, my attorneys have counseled me I cannot 
8 
provide answers to any questions relevant to this 
9 
lawsuit. I must accept their advice or risk losing my 
10 
6th Amendment right to effective representation. 
11 
Accordingly, I assert my federal constitutional rights 
12 
as guaranteed by the 5th, 6th and 14th Amendment to the 
13 
US Constitution. 
14 
Q. 
Have you ever referred to your Boeing 727 
15 
plane as "Air Fuck One"? 
16 
MR. PIKE: Form, argumentative, harassing. 
17 
THE WITNESS: I'll have to answer that the 
18 
same way I've answered most of your other questions 
19 
here today, which is, I intend to respond to all 
20 
relevant questions regarding this lawsuit; however, 
21 
at the present time, my attorneys have counseled me 
22 
I cannot provide answers to any questions that may 
23 
be relevant to this lawsuit. I must accept their 
24 
advice or risk losing my 6th Amendment right to 
25 
effective representation. Accordingly, I assert my 
0116 
1 
federal constitutional rights as guaranteed by the 
2 
5th, 6th and 14th Amendment to the US Constitution. 
3 
BY MR. KUVIN: 
4 
Q. 
Have you ever taken any underaged girls, girls 
5 
under the age of 18, on your Boeing 727? 
6 
A. 
I'm going to answer that question the same way 
7 
I've answered most of your other questions here today, 
8 
Mr. Kuvin, which is, I intend to fully respond to all 
9 
relevant questions regarding this lawsuit; however, at 
10 
this time, I cannot provide any answers to questions 
11 
relevant to this lawsuit as my attorneys have counseled 
12 
me. I must accept their advice or risk losing my 6th 
13 
Amendment right to effective representation. 
EFTA01158563

14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
0117 
1 
questions that may be relevant to the lawsuit. I 
2 
must accept their advice or risk losing my 6th 
3 
Amendment right to effective representation. 
4 
Accordingly, I assert my federal constitutional 
5 
rights as guaranteed by the 5th, 6th and 14th 
6 
Amendment to the US Constitution. 
7 
BY MR. KUVIN: 
8 
Q. 
Did you trade information with the Federal 
9 
authorities in order to get a lighter sentence with 
10 
respect to the charges brought against you in Palm Beach 
11 
County by the US Attorney's Office? 
12 
A. 
I'm going to answer that question the same way 
13 
I've answered most of your other questions here today, 
14 
which is, I fully intend to respond to all relevant 
15 
questions regarding this lawsuit; however, at the 
16 
present time, my attorneys have counseled me I cannot 
17 
provide answers to any questions relevant to this 
18 
lawsuit. I must accept their advice or risk losing my 
19 
6th Amendment right to effective representation. 
20 
Accordingly, I assert my federal constitutional rights 
21 
as guaranteed by the 5th, 6th and 14th Amendment to the 
22 
US Constitution. 
23 
Q. 
Do you know, personally, Martin Nowak? 
24 
A. 
I'm going to answer that question the same way 
25 
I've answered most of your other questions here today, 
0118 
1 
which is, I fully intend to respond to all relevant 
2 
questions regarding this lawsuit; however, at the 
3 
present time, my attorneys have counseled me I cannot 
4 
provide answers to any questions that may be relevant to 
5 
this lawsuit. I must accept their advice or risk losing 
6 
my 6th Amendment right to effective representation. 
7 
Accordingly, I assert my federal constitutional rights 
8 
as guaranteed by the 5th, 6th and 14th Amendment to the 
9 
US Constitution. 
10 
Q. 
Isn't it true that you funded Mr. Nowak's 
11 
research at the Institute For Advanced Study in 
12 
Princeton? 
13 
A. 
I'm going to answer that question the same way 
14 
I've answered most of your other questions here today, 
15 
Mr. Kuvin, which is, I fully intend to respond to all 
16 
relevant questions regarding this lawsuit; however, at 
17 
the present time, my attorneys have counseled me I 
18 
cannot provide answers to any questions relevant to this 
19 
lawsuit. I must accept their advice or risk losing my 
20 
6th Amendment right to effective representation. 
21 
Accordingly, I assert my federal constitutional rights 
22 
as guaranteed by the 5th, 6th and 14th Amendment of the 
23 
US Constitution. 
24 
MR. PIKE: Can we go off the record for a 
Accordingly, I assert my federal constitutional rights 
as guaranteed by the 5th, 6th and 14th Amendment to the 
US Constitution. 
Q. 
Are you a confidential informant for the 
prosecution of Bear Stearns? 
MR. PIKE: Form, relevance. 
THE WITNESS: I'm going to answer that 
question the same way I've answered most of your 
questions here today, which is, I fully intend to 
respond to all relevant questions regarding this 
lawsuit; however, at the present time, my attorneys 
have counseled me I cannot provide answers to any 
EFTA01158564

25 
second? 
0119 
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0120 
1 
can mess with you pretty good, so I'd prefer to 
2 
keep going. 
3 
MR. KUVIN: Fine with me. 
4 
MR. PIKE: May we go off the record? 
5 
MR. KUVIN: Sure. 
6 
THE VIDEOGRAPHER: We'll go off the record at 
7 
11:56. 
8 
(A brief recess was taken.) 
9 
THE VIDEOGRAPHER: We're back on the record at 
10 
12:12. 
11 
BY MR. KUVIN: 
12 
Q. 
Sir, isn't it true that you pledged 
13 
$30 million to Harvard University in 2003? 
14 
A. 
I'm going to answer that question the same way 
15 
I've answered most of your other questions here today, 
16 
which is, I intend to respond to all relevant questions 
17 
regarding this lawsuit; however, at the present time, my 
18 
attorneys have counseled me I cannot provide answers to 
19 
any questions relevant to this lawsuit. I must accept 
20 
their advice or risk losing my 6th Amendment right to 
21 
effective representation. Accordingly, I assert my 
22 
federal constitutional rights as guaranteed by the 5th, 
23 
6th and 14th Amendment to the US Constitution. 
24 
Q. 
Isn't it true that that $30 million pledge to 
25 
Harvard was shortly before you were arrested with 
0121 
1 
respect to the charges brought against you in Palm Beach 
2 
for having sex with underaged girls and soliciting 
3 
underaged girls for prostitution? 
4 
(Interruption in the proceedings.) 
5 
MR. GOLDBERGER: Thank you. 
6 
Hey Kathy, it's Jack Goldberger. You're back 
7 
on. 
8 
MS. EZELL: Okay, good. Thanks, Jack. 
9 
MR. GOLDBERGER: Okay. 
MR. KUVIN: Sure. 
THE VIDEOGRAPHER: Off the record at 
11:55 a.m. 
MR. GOLDBERGER: Here's my issue. Actually, 
we probably should be on the record on this one. 
MR. KUVIN: Are we going on? 
MR. GOLDBERGER: Yeah, let's go on. 
MR. KUVIN: Sure. 
THE VIDEOGRAPHER: Back on the record at 
11:55. 
MR. GOLDBERGER: We were just off the record 
and talked about taking a break, and I hate to 
inject personal problems into a scheduling, but I 
am suffering from some -- actually some nerve 
neurological problem. I'm on a fairly heavy 
steroid right now and it's causing me some issues. 
I didn't want to try and reset this deposition 
because I know, Mr. Kuvin, you wanted to take the 
deposition, but given the medications I'm on, I'd 
just assume keep going unless that's a huge problem 
for you. 
MR. KUVIN: Not a problem for me at all. Do 
you want to go straight through lunch? 
MR. GOLDBERGER: I think so. I mean, if 
you've ever taken steroids before, they can -- they 
EFTA01158565

10 
MS. EZELL: I'm putting the mute on. 
11 
MR. GOLDBERGER: Okay. 
12 
THE WITNESS: Can you read me the question? 
13 
MR. KUVIN: Sure. Could you read it back, 
14 
please? 
15 
(A portion of the record was read by the 
16 
reporter.) 
17 
THE WITNESS: No. 
18 
BY MR. KUVIN: 
19 
Q. 
Isn't it true that you pledged $30 million to 
20 
Harvard University in 2003, which is shortly before 
21 
charges were brought against you in Palm Beach? 
22 
A. 
I'll answer that question the same way I've 
23 
answered most of your other questions here today, which 
24 
is, I fully intend to respond to all relevant questions 
25 
regarding this lawsuit; however, at the present time, my 
0122 
1 
attorneys have counseled me I cannot provide answers to 
2 
any questions relevant to this lawsuit. I must accept 
3 
this advice or risk losing my 6th Amendment right to 
4 
effective representation. Accordingly, I assert my 
5 
federal constitutional rights as guaranteed by the 5th, 
6 
6th and 14th Amendment to the US Constitution. 
7 
Q. 
And isn't it true also that you have retained 
8 
Alan Dershowitz to defend you in the criminal charges 
9 
that were brought against you in Palm Beach? 
10 
MR. GOLDBERGER: Attorney-client. 
11 
MR. PIKE: Attorney-client, work product. 
12 
BY MR. KUVIN: 
13 
Q. 
Isn't it also true that Alan Dershowitz works 
14 
on staff at Harvard University as a professor? I mean, 
15 
if you know. 
16 
A. 
I'm going to answer that question like I've 
17 
answered most of your other questions here today, which 
18 
is, I fully intend to respond to all relevant questions 
19 
regarding this lawsuit; however, at the present time, my 
20 
attorneys have counseled me I cannot provide answers to 
21 
any questions that may be relevant to this lawsuit. I 
22 
must accept this advice or risk losing my 6th Amendment 
23 
right to effective representation. Accordingly, I 
24 
assert my federal constitutional rights as guaranteed by 
25 
the 5th, 6th and 14th Amendment to the US Constitution. 
0123 
1 
Q. 
Isn't it true that you own a 50,000 square 
2 
foot home in Manhattan that was formerly owned by Lex 
3 
Wexner? 
4 
A. 
I'm going to answer that question as I've 
5 
answered most of your other questions here today, 
6 
Mr. Kuvin, which is, I fully intend to respond to all 
7 
relevant questions regarding this lawsuit; however, at 
8 
the present time, my attorneys have counseled me I 
9 
cannot provide answers to any questions that may be 
10 
relevant to this lawsuit. I must accept this advice or 
11 
risk losing my 6th Amendment right to effective 
12 
representation. Accordingly, I assert my federal 
13 
constitutional rights as guaranteed by the 5th, 6th and 
14 
14th Amendment to the US Constitution. 
15 
Q. 
Isn't it true that one of your only clients is 
16 
a financial advisor with Lex Wexner? 
17 
A. 
I'm going to respond to that question the same 
18 
way I've responded to most of your other questions here 
19 
today, which is, I fully intend to respond to all 
20 
relevant questions regarding this lawsuit; however, at 
EFTA01158566

21 
22 
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25 
0124 
1 
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5 
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8 
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14 
15 
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20 
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0125 
1 
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13 
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20 
21 
22 
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0126 
1 
2 
3 
4 
5 
the present time, my attorneys have counseled me I 
cannot provide answers to any questions relevant to this 
lawsuit. I must accept their advice or risk losing my 
6th Amendment right to effective representation. 
Accordingly, I assert my federal constitutional rights 
as guaranteed by the 5th, 6th and 14th Amendment to the 
US Constitution. 
Q. 
Isn't it true that Lex Wexner has since fired 
you after charges were brought against you in Palm Beach 
County for soliciting underaged girls for sex? 
A. 
I'm going to respond to that question the same 
way I've responded to most of your other questions here 
today, which is, I intend to respond to all relevant 
questions regarding this lawsuit; however, at the 
present time, my attorneys have counseled me I cannot 
provide answers to any questions relevant to this 
lawsuit. I must accept their advice or risk losing my 
6th Amendment right to effective representation. 
Accordingly, I assert my federal constitutional rights 
as guaranteed by the 5th, 6th and 14th Amendment to the 
United States Constitution. 
Q. 
Are you a homosexual? 
A. 
No. 
Q. 
Have you had homosexual relationships with 
Mr. Wexner? 
A. 
I'm going to answer that question the way I've 
answered all your other questions here today, basically, 
which is, I intend to respond to all relevant questions 
regarding this lawsuit; however, at the present time, my 
attorneys have counseled me I cannot provide answers to 
any questions relevant to this lawsuit. I must accept 
this advice or risk losing my 6th Amendment right to 
effective representation. Accordingly, I assert my 
federal constitutional rights as guaranteed by the 5th, 
6th and 14th Amendment to the US Constitution. 
Q. 
Have you ever touched Mr. Wexner's penis? 
MR. PIKE: Objection, harassing, irrelevant, 
argumentative. 
MR. GOLDBERGER: Object. 
THE WITNESS: No. 
BY MR. KUVIN: 
Q. 
Have you ever had anal sex with Mr. Wexner? 
A. 
No. 
Q. 
Have you ever threatened Mr. Wexner that you 
would disclose private information about him if he 
testified against you in the civil proceedings which 
have been brought against you here in Palm Beach County? 
MR. GOLDBERGER: Can you -- I'm sorry, can you 
repeat the question? 
MR. KUVIN: Sure. Go ahead and repeat it 
back, please. 
(A portion of the record was read by the 
reporter.) 
THE WITNESS: No. 
BY MR. KUVIN: 
Q. 
Did Mr. Wexner replace you with Dennis Hersch? 
A. 
I'm going to answer that question like I've 
answered most of your other questions here today, which 
is, I fully intend to respond to all relevant questions 
regarding this lawsuit; however, at the present time, my 
EFTA01158567

6 
7 
8 
9 
10 
11 
12 
13 
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0127 
1 
US 
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20 
21 
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23 
24 
25 
0128 
1 
earlier this morning, in that regard, I'm not quite 
2 
sure what -- what you're asking, Mr. Kuvin. 
3 
MR. KUVIN: Well, I just want to make sure 
4 
that when Jeana types up the transcript, that it's 
5 
done the same exact way that they've all been done, 
6 
which is, that the girls would be utilized by 
7 
initial that will have the same --
8 
MR. PIKE: Pseudonym. 
9 
MR. KUVIN: -- pseudonym -- that will have the 
10 
same attachment to the deposition as we always 
11 
have, which is confidential. 
12 
MR. PIKE: That's fine. 
13 
MR. KUVIN: If you chose to obviously 
14 
challenge the confidentiality and want to disclose 
15 
my client's name for some reason, then we'll 
16 
address that with the Court at some later time. 
attorneys have counseled me I cannot provide answers to 
any questions relevant to this lawsuit. I must accept 
their advice or risk losing my 6th Amendment right to 
effective representation. Accordingly, I assert my 
federal constitutional rights as guaranteed by the 5th, 
6th and 14th Amendment to the US Constitution. 
Q. 
Would you agree that Mr. Wexner was your only 
client when you were a financial advisor? 
A. 
I'm going to answer that question like I've 
answered most of your other questions here today, 
Spencer -- Mr. Kuvin --
Q. 
Thank you. 
A. 
-- which is, I fully intend to respond to all 
relevant questions regarding this lawsuit; however, at 
the present time, my attorneys have counseled me I 
cannot provide answers to any questions relative to this 
lawsuit. I must accept their advice or risk losing my 
6th Amendment right to effective representation. 
Accordingly, I assert my federal constitutional rights 
as guaranteed by the 5th, 6th and 14th Amendment to the 
Constitution. 
MR. KUVIN: All right. With the understanding 
that -- see, now he's yawning. You don't pick on 
him when he yawns. 
With the --
MR. PIKE: Move to strike. 
MR. KUVIN: With the understanding that I 
understand you all object and you've moved to 
disclose the identity of III., who's been 
identified in this case, obviously the same 
proceedings would go with respect to this 
deposition that have gone with every other 
deposition regarding the identity of the unknown 
§§§. So I'm going to ask questions, obviously, 
utilizing full names and using the same procedure 
we've used in all other depositions in this case. 
MR. PIKE: I don't think that there's been an 
agreement in that regard. I think that there's 
been a motion to seal that had been subsequently 
filed by, I believe it was, Brad Edwards' office 
after a particular depo occurred. So if you want 
to address it by -- by that, then that would be 
fine. 
If there was an order entered that that 
deposition shall not be disclosed to the media 
EFTA01158568

17 
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19 
20 
21 
22 
23 
24 
25 
0129 
1 
2 
3 
4 
5 
6 
7 
a 
9 
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14 
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16 
17 
18 
19 
20 
21 
22 
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25 
0130 
1 
2 
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25 
0131 
1 
MR. 
MR. 
MR. 
MR. 
ruling. 
All 
BY MR. KUVIN: 
Q. 
I'm 
Exhibit 5. 
PIKE: That's fine. 
KUVIN: Okay. Good enough. All right. 
PIKE: Pending the Court's ruling on that. 
KUVIN: Obviously pending the Court's 
right. You got your camera? Good to go? 
going to show you what we'll mark as 
(Plaintiff's Exhibit No. 5 was marked for 
identification.) 
MR. KUVIN: Okay? 
BY MR. KUVIN: 
Q. 
Do you recognize this young girl? 
A. 
I'm going to answer that question the same way 
I've answered most of your other questions, which is, I 
intend to respond to all relevant questions regarding 
this lawsuit; however, at the present time, my attorneys 
have questioned -- excuse me, my attorneys have 
counseled me I cannot provide answers to any questions 
relevant to this lawsuit. I must accept this advice or 
risk losing my 6th Amendment right to effective 
representation. Accordingly, I assert my federal 
constitutional rights as guaranteed by the 5th, 6th and 
14th Amendment to the United States Constitution. 
Q. 
I'll show you what we're marking as Exhibit 6. 
Okay? 
(Plaintiff's Exhibit No. 6 was marked for 
identification.) 
BY MR. KUVIN: 
Q. 
Do you recognize this young girl that I've 
marked as Exhibit 6? 
A. 
I'm going to respond to that the same way I've 
responded to most of your other questions here today, 
which is, I fully intend to respond to all relevant 
questions regarding this lawsuit; however, at the 
present time, my attorneys have counseled me I cannot 
provide answers to any questions that may be relevant to 
this lawsuit. I must accept this advice or risk losing 
my 6th Amendment right to effective representation. 
Accordingly, I assert my federal constitutional rights 
as guaranteed by the 5th, 6th and 14th Amendment to the 
US Constitution. 
Q. 
I'm going to show you what I've marked as 
Exhibit 7, and I've blacked out the name -- or the face 
of a girl that is shown in this photograph before I mark 
it to the deposition. I'm going to draw an arrow with a 
star to the girl that I'd like you to identify. 
MR. PIKE: First, I'm going to object to the 
use of this exhibit. It's -- it's not an original 
any longer, and it was not provided to me prior to 
your marking out the face of the other individual 
in this photograph; therefore, I don't -- I object 
to it and would like to know the basis for which 
you've marked out this individual's face. 
MR. KUVIN: To protect her privacy. 
MR. PIKE: Third party privacy right? 
MR. KUVIN: She has a right to privacy. I 
certainly don't want to breach any potential right 
to privacy she may have because I haven't asked her 
EFTA01158569

2 
whether or not it's okay to show her photograph, 
3 
which is why I blacked her out. 
4 
MR. PIKE: Okay. But having said that, 
5 
that -- that theory and objection is duly noted. 
6 
I'll go ahead and allow the witness to be 
7 
questioned on Exhibit 7. 
8 
(Plaintiff's Exhibit No. 7 was marked for 
9 
identification.) 
10 
BY MR. KUVIN: 
11 
Q. 
I'd like you to take a look --
12 
MR. KUVIN: I'm sorry, let me show this to the 
13 
camera, first. 
14 
THE VIDEOGRAPHER: Okay. 
15 
BY MR. KUVIN: 
16 
Q. 
Okay. Do you recognize the girl on the left 
17 
in Photograph Exhibit 7? 
18 
A. 
I'm going to respond to that question the same 
19 
way I've responded to most of your other questions here 
20 
today, Mr. Kuvin, which is, I intend to respond to all 
21 
relevant questions regarding this lawsuit; however, at 
22 
the present time, my attorneys have counseled me I 
23 
cannot provide answers to any questions relevant to this 
24 
lawsuit. I must accept this advice or risk losing my 
25 
6th Amendment right to effective representation. 
0132 
1 
Q. 
Excuse me. 
2 
A. 
Accordingly, I assert my federal 
3 
constitutional rights as guaranteed by the 5th, 6th and 
4 
14th Amendment to the US Constitution. 
5 
(Photograph shown to the camera.) 
6 
(Plaintiff's Exhibit No. 8 was marked for 
7 
identification.) 
8 
BY MR. KUVIN: 
9 
Q. 
Okay. Do you recognize the girl shown in 
10 
Exhibit 8? 
11 
A. 
I'm going to answer that question the same way 
12 
I've answered most of the other questions here today, 
13 
which is, I fully intend to respond to all relevant 
14 
questions regarding this lawsuit; however, at the 
15 
present time, my attorneys have counseled me I cannot 
16 
provide answers to any questions relevant to this 
17 
lawsuit. I must accept this advice or risk losing my 
18 
6th Amendment right to effective representation. 
19 
Accordingly, I assert my federal constitutional rights 
20 
as guaranteed by the 5th, 6th and 14th Amendment of the 
21 
United States Constitution. 
22 
Can we take a break for a second? 
23 
Q. 
Sure. 
24 
MR. PIKE: Sure. 
25 
THE VIDEOGRAPHER: Going off the record at 
0133 
1 
12:27. 
2 
(A brief recess was taken.) 
3 
THE VIDEOGRAPHER: Back on the record at 
4 
12:29. 
5 
BY MR. KUVIN: 
6 
Q. 
Sir, do you agree that in 2005, you had 
7 
come to your house, get naked and give you a massage 
8 
while you had nothing on but a washcloth over your 
9 
genitals? 
10 
MR. PIKE: Objection form, argumentative. 
11 
THE WITNESS: Is that III.; is that who you 
12 
said? Can you spell that for me? 
EFTA01158570

13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
0134 
1 
this massage, you were masturbating? 
2 
A. 
"She" being III.? I'm sorry. She -- what was 
3 
the question? 
4 
Q. 
Yes, all these questions refer to the same 
5 
child, III. You can make that assumption for all my 
6 
questions. 
7 
A. 
Okay. 
8 
MR. PIKE: Objection to form, argumentative, 
9 
move to strike. 
10 
BY MR. KUVIN: 
11 
Q. 
Do you agree that while she was giving you 
12 
this massage, you were masturbating? 
13 
MR. PIKE: Form, argumentative, harassing. 
14 
THE WITNESS: I'm going to respond to that 
15 
question the same way I've responded to most of 
16 
your other questions here today, which is, I intend 
17 
to respond to all relevant questions regarding this 
18 
lawsuit; however, at the present time, my attorneys 
19 
have counseled me I cannot provide answers to any 
20 
questions relevant to this lawsuit. I must accept 
21 
their advice or risk losing my 6th Amendment right 
22 
to effective representation. Accordingly, I assert 
23 
my federal constitutional rights as guaranteed by 
24 
the 5th, 6th and 14th Amendment to the US 
25 
Constitution. 
0135 
1 
BY MR. KUVIN: 
2 
Q. 
Do you agree that while she was giving you 
3 
this naked massage, she told you she was 16? 
4 
MR. PIKE: Form, argumentative, harassing, 
5 
assumes facts not in evidence. 
6 
THE WITNESS: I'm going to have to respond to 
7 
that question the same way I've responded to most 
8 
of your other questions here today, which is, I 
9 
intend to respond to all relevant questions 
10 
regarding this lawsuit; however, at the present 
11 
time, my attorneys have counseled me I cannot 
12 
provide answers to any questions that may be 
13 
relevant to this lawsuit. I must accept their 
14 
advice or risk losing my 6th Amendment right to 
15 
effective representation. Accordingly, I assert my 
16 
federal constitutional rights as guaranteed by the 
17 
5th, 6th and 14th Amendment to the US Constitution. 
18 
BY MR. KUVIN: 
19 
Q. 
Do you agree that while she was giving you 
20 
this naked massage, she told you that she was 15? 
21 
MR. PIKE: Same objections as before. 
22 
THE WITNESS: I'm going to answer that 
23 
question the same way I've answered most of your 
BY MR. KUVIN: 
Q. 
It's in the record. 
A. 
I'm going to answer that question the same way 
I've answered most of your other questions here today, 
which is, I intend to respond to all relevant questions 
regarding this lawsuit; however, at the present time, my 
attorneys have counseled me I cannot provide answers to 
any questions relevant to this lawsuit. I must accept 
this advice or risk losing my 6th Amendment right to 
effective representation. Accordingly, I assert my 
federal constitutional rights as guaranteed by the 5th, 
6th and 14th Amendment to the US Constitution. 
Q. 
Do you agree that while she was giving you 
EFTA01158571

24 
other questions here today, which is, I intend to 
25 
respond to all relevant questions regarding this 
0136 
1 
lawsuit; however, at the present time, my attorneys 
2 
have counseled me I cannot provide answers to any 
3 
questions that may be relevant to this lawsuit. I 
4 
must accept this advice or risk losing my 6th 
5 
Amendment right to effective representation. 
6 
Accordingly, I assert my federal constitutional 
7 
rights as guaranteed by the 5th, 6th and 14th 
8 
Amendment to the US Constitution. 
9 
MR. PIKE: Mr. Kuvin, I've been incorporating 
10 
and asserting the same objections, by saying same 
11 
objection as before, are you okay with that? 
12 
MR. KUVIN: Perfectly fine. 
13 
MR. PIKE: Okay. 
14 
BY MR. KUVIN: 
15 
Q. 
Do you agree that while 
was in your home, 
16 
you asked her to get completely naked? 
17 
MR. PIKE: Same objection. 
18 
THE WITNESS: I'm going to respond to that 
19 
question the way I've responded to most of your 
20 
other questions here today, which is, I intend to 
21 
respond to all relevant questions regarding this 
22 
lawsuit; however, at the present time, my attorneys 
23 
have counseled me I cannot provide answers to any 
24 
questions relevant to this lawsuit. I must accept 
25 
their advice or risk losing my 6th Amendment right 
0137 
1 
2 
3 
4 
5 
BY 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
BY 
25 
0138 
1 
you a naked massage while you were naked, that you also 
2 
touched her vagina? 
3 
MR. PIKE: Same objections as before. 
4 
THE WITNESS: I'm going to respond to that 
5 
question the same way I've responded to most of 
6 
your other questions here today, Mr. Kuvin, which 
7 
is, I fully intend to respond to all relevant 
8 
questions regarding this lawsuit; however, at the 
to effective representation. Accordingly, I assert 
my federal constitutional rights as guaranteed by 
the 5th, 6th and 14th Amendment to the United 
States Constitution. 
MR. KUVIN: 
Q. 
Do you agree that after §§§. got naked in your 
home, that you asked her to massage you while you were 
naked? 
MR. PIKE: Form, lacks predicate, 
argumentative, harassing, assumes facts not in 
evidence. 
THE WITNESS: I'm going to respond to that 
question the same way I've responded to most of 
your other questions here today, Mr. Kuvin, which 
is, I intend to respond to all relevant questions 
regarding this lawsuit; however, at the present 
time, my attorneys have counseled me that I cannot 
provide answers to any questions that may be 
relevant to this lawsuit. I must accept their 
advice or risk losing my 6th Amendment right to 
effective representation. Accordingly, I assert my 
federal constitutional rights as guaranteed by the 
5th, 6th and 14th Amendment to the US Constitution. 
MR. KUVIN: 
Q. 
Do you agree that while III. was 15 and giving 
EFTA01158572

9 
present time, my attorneys have counseled me I 
10 
cannot provide answers to any questions that may be 
11 
relevant to this lawsuit. I must accept this 
12 
advice or risk losing my 6th Amendment right to 
13 
effective representation. Accordingly, I must 
14 
assert my federal constitutional rights as 
15 
guaranteed by the 5th, 6th and 14th Amendment to 
16 
the United States Constitution. 
17 
BY MR. KUVIN: 
18 
Q. 
Do you agree that during this naked massage 
19 
with III., that you asked her whether she wanted you to 
20 
stop touching her vagina, and she said yes. 
21 
MR. PIKE: Same objections. 
22 
THE WITNESS: I'm going to respond to that 
23 
question the same way I've responded to most of 
24 
your other questions here today, Mr. Kuvin, which 
25 
is, I intend to respond to all relevant questions 
0139 
1 
regarding this lawsuit; however, at the present 
2 
time my attorneys have counseled me I cannot 
3 
provide answers to any questions relevant to this 
4 
lawsuit. I must accept their advice or risk losing 
5 
my 6th Amendment right to effective representation. 
6 
Accordingly, I assert my federal constitutional 
7 
rights as guaranteed by the 5th, 6th and 14th 
8 
Amendment of the United States Constitution. 
9 
BY MR. KUVIN: 
10 
Q. 
Do you agree that regardless of III. telling 
11 
you to stop touching her vagina, you nonetheless 
12 
disregarded her and touched her there again? 
13 
MR. PIKE: Same objections as before. 
14 
THE WITNESS: I'm going to respond that 
15 
question the same way I've responded to most of 
16 
your other questions here today, which is, I intend 
17 
to respond to all relevant questions regarding this 
18 
lawsuit; however, at the present time. My 
19 
attorneys have counseled me that I cannot provide 
20 
answers to any questions relevant to this lawsuit. 
21 
I must accept their advice or risk losing my 6th 
22 
Amendment right to effective representation. 
23 
Accordingly, I must assert my federal 
24 
constitutional rights as guaranteed by the 5th, 6th 
25 
and 14th Amendment to the United States 
0140 
1 
Constitution. 
2 
BY MR. KUVIN: 
3 
Q. 
You penetrated ff .'s vagina with your finger 
4 
and a vibrator, did you not? 
5 
MR. PIKE: Same objections. 
6 
THE WITNESS: I'm going to respond to that 
7 
question the same way I've responded to most of 
8 
your other questions here today, which is, I fully 
9 
intend to respond to all relevant questions 
10 
regarding this lawsuit; however, at the present 
11 
time, my attorneys have counseled me I cannot 
12 
provide answers to any questions relevant to this 
13 
lawsuit. I must accept their advice or risk losing 
14 
my 6th Amendment right to effective representation. 
15 
Accordingly, I must assert my federal 
16 
constitutional rights as guaranteed by the 5th, 6th 
17 
and 14th Amendment to the United States 
18 
Constitution. 
19 
BY MR. KUVIN: 
EFTA01158573

20 
Q. 
And it is also true that you've paid hundreds 
21 
of girls under the age of 17 for similar encounters 
22 
where you've asked them to get naked, you've laid on a 
23 
table naked, masturbated and then touched them in their 
24 
vagina at your Palm Beach home; isn't that true? 
25 
MR. PIKE: Form, argumentative, harassing, 
0141 
1 
multiple, compound, it's confusing, vague, it lacks 
2 
proper predicate and foundation. 
3 
MR. KUVIN: Let me back up. 
4 
BY MR. KUVIN: 
5 
Q. 
Because of the compound, I'm going to have to 
6 
break it down a little. 
7 
Isn't it true, sir, that you've paid hundreds 
8 
of girls under the age of 17 to come to your home and 
9 
give you naked massages? 
10 
MR. PIKE: Same objection, plural. 
11 
THE WITNESS: I'm going to have to respond to 
12 
that question the same way I've responded to most 
13 
of your other questions here today, Mr. Kuvin, 
14 
which is, I intend to respond to all relevant 
15 
questions regarding this lawsuit; however, at the 
16 
present time, my attorneys have counseled me I 
17 
cannot provide answers to any questions relevant to 
18 
this lawsuit. I must accept their advice or risk 
19 
losing my 6th Amendment right to effective 
20 
representation. Accordingly, I assert my federal 
21 
constitutional rights as guaranteed by the 5th, 6th 
22 
and 14th Amendment to the United States 
23 
Constitution. 
24 
BY MR. KUVIN: 
25 
Q. 
Isn't it true, sir, that in addition to 
0142 
1 
, you had another underaged girl, 
, working to obtain other underaged girls to come 
3 
to your house with sexual encounters -- for sexual 
4 
encounters with you? 
5 
MR. PIKE: Same objections. 
6 
THE WITNESS: Could you repeat the question? 
7 
BY MR. KUVIN: 
8 
Q. 
Sure. Isn't it true that in addition to 
, you had another girl who, at the time was 
10 
underage, 
, working to obtain underaged 
11 
girls to come to your house for sexual encounters with 
12 
you? 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
0143 
1 
the United States Constitution. 
2 
BY MR. KUVIN: 
3 
Q. 
And when these young girls were recruited to 
4 
come to your home, you told 
and 
to tell 
MR. PIKE: Same objections. 
THE WITNESS: I'm going to have to respond to 
that question the same way I've responded to your 
other questions here today, Mr. Kuvin, which is, I 
intend to respond to all relevant questions 
regarding this lawsuit; however, at the present 
time, my attorneys have counseled me that I cannot 
provide answers to any questions that may be 
relevant to this lawsuit. I must accept this 
advice or risk losing my 6th Amendment right to 
effective representation. Accordingly, I must 
assert my federal constitutional rights as 
guaranteed by the 5th, 6th and 14th Amendment to 
EFTA01158574

5 
them that it would be a platonic massage with no sexual 
6 
contact; isn't that true? 
7 
MR. PIKE: Same objections. 
8 
THE WITNESS: I'm going to respond to that 
9 
question the way I've responded to most of your 
10 
other questions here today, Mr. Kuvin, which is, I 
11 
intend to respond to all relevant questions 
12 
regarding this lawsuit; however, at the present 
13 
time, my attorneys have counseled me I cannot 
14 
provide answers to any questions that may be 
15 
relevant to this lawsuit. I must accept their 
16 
advice or risk losing my 6th Amendment right to 
17 
effective representation. Accordingly, I assert my 
18 
federal constitutional rights as guaranteed by the 
19 
5th, 6th and 14th Amendment to the United States 
20 
Constitution. 
21 
BY MR. KUVIN: 
22 
Q. 
It was only after the girls arrived at your 
23 
home that they learned that they would have to get naked 
24 
and you would be fondling them sexually; isn't that 
25 
true? 
0144 
1 
MR. PIKE: Form, argumentative, lacks 
2 
predicate, improper foundation, argumentative and 
3 
harassing. 
4 
THE WITNESS: I'm going to respond to that 
5 
question the same way I responded to most of your 
6 
other questions here today, which is, I intend to 
7 
respond to all relevant questions regarding this 
8 
lawsuit; however, at the present time, my attorneys 
9 
have counseled me I cannot provide any answers to 
10 
question that may be relevant to this lawsuit. I 
11 
must accept their advice or risk losing my 6th 
12 
Amendment right to effective representation. 
13 
Accordingly, I must assert my federal 
14 
constitutional rights as guaranteed by the 5th, 6th 
15 
and 14th Amendment to the United States 
16 
Constitution. 
17 
BY MR. KUVIN: 
18 
Q. 
Isn't it true that you had numerous girls 
19 
under the age of 17 brought to your home by taxi? 
20 
MR. PIKE: Form, argumentative, overbroad, 
21 
lacks appropriate foundation. 
22 
BY MR. KUVIN: 
23 
Q. 
And let me clarify. From the years 2004 
24 
through 2006. 
25 
MR. PIKE: Same objections, minus overbroad. 
0145 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
BY 
14 
15 
THE WITNESS: I'm going to have to answer that 
question the same way I've answered most of your 
other questions here today, which is, I intend to 
respond to all relevant questions regarding this 
lawsuit; however, at the present time, my attorneys 
have counseled me I cannot provide answers to any 
questions that may be relevant to this lawsuit. I 
must accept their advice or risk losing my 6th 
Amendment right to effective representation. 
Accordingly, I assert my federal constitutional 
rights as guaranteed by the 5th, 6th and 14th 
Amendment to the United States Constitution. 
MR. KUVIN: 
Q. 
Isn't it true that you paid a taxi to have 
girls, underaged girls like III., brought to your home 
EFTA01158575

16 
from the years 2004 to 2006? 
17 
A. 
I'm going to respond to that question the way 
18 
I've responded to most of your other questions here 
19 
today, which is, I intend to respond to all relevant 
20 
questions regarding this lawsuit; however, at the 
21 
present time, my attorneys have counseled me that I 
22 
cannot -- I'm sorry, should I start again? Do you 
23 
want --
24 
Q. 
No, please, don't start again. 
25 
MR. PIKE: Move to strike counsel's last 
0146 
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 
0147 
1 
6th Amendment right to effective representation. 
2 
Accordingly, I must assert my federal constitutional 
3 
rights as guaranteed by the 5th, 6th and 14th Amendment 
4 
to the United States Constitution. 
5 
Q. 
Did you have a massage table at your home in 
6 
2005? 
7 
MR. PIKE: Lacks appropriate foundation. 
8 
MR. KUVIN: I'm sorry, what's the objection to 
9 
that one? 
10 
MR. PIKE: Lacks appropriate foundation. 
11 
MR. KUVIN: Foundation? 
12 
MR. PIKE: Yes, it does. 
13 
BY MR. KUVIN: 
14 
Q. 
Did you have a home in 2005? 
15 
I'm sorry, I'm just trying to lay the 
16 
foundation, and I apologize for laughing, I just don't 
17 
understand the objection. I'm trying to understand the 
18 
foundation question of did you have a massage table at 
19 
your home in 2005. I want to fix my question, if -- if 
20 
I can 
21 
MR. PIKE: If you can. 
22 
MR. KUVIN: All right. 
23 
BY MR. KUVIN: 
24 
Q. 
Did you have a home in 2005? 
25 
A. 
I'm going to respond to that question the same 
0148 
statement. 
MR. KUVIN: He was asking me a question, 
that's the only reason why I responded. I 
apologize. 
MR. PIKE: Once again, move to strike. 
THE WITNESS: I intend to respond to all 
relevant questions regarding this lawsuit; however, 
at the present time, my attorneys have counseled me 
I cannot provide answers to any questions relevant 
to this lawsuit. I must accept this advice or risk 
losing my 6th Amendment right to effective 
representation. Accordingly, I assert my federal 
constitutional rights as guaranteed by the 5th, 6th 
and 14th Amendment to the United States 
Constitution. 
BY MR. KUVIN: 
Q. 
Do you have a massage table in your Palm Beach 
home? 
A. 
I'm going to answer that question, Mr. Kuvin, 
the same way I've answered most of your other questions 
here today, which is, I intend to respond to all 
relevant questions regarding this lawsuit; however, at 
the present time, my attorneys have counseled me that I 
cannot provide answers to any questions relevant to this 
lawsuit. I must accept their advice or risk losing my 
EFTA01158576

1 
way I've responded to most of your other questions here 
2 
today, which is, I fully intend to respond to all 
3 
relevant questions regarding this lawsuit; however, at 
4 
the present time, my attorneys have counseled me that I 
5 
cannot provide answers to any of your questions that may 
6 
be relevant to this lawsuit. I must accept their advice 
7 
or risk losing my 6th Amendment right to effective 
8 
representation. Accordingly, I assert my federal 
9 
constitutional rights as guaranteed by the 5th, 6th and 
10 
14th Amendment to the United States Constitution. 
11 
Q. 
Do you know what a massage table is? 
12 
A. 
I'm going to have to answer that question the 
13 
same way I've answered most of your other questions here 
14 
today, Mr. Kuvin, which is, I intend to respond to all 
15 
relevant questions regarding this lawsuit; however, at 
16 
the present time, my attorneys have counseled me I 
17 
cannot provide answers to any questions that may be 
18 
relevant to this lawsuit. I must accept this advice or 
19 
risk losing my 6th Amendment right to effective 
20 
representation. Accordingly, I assert my federal 
21 
constitutional rights as guaranteed by the 5th, 6th and 
22 
14th Amendment to the United States Constitution. 
23 
Q. 
Do you know what a table is? 
24 
MR. PIKE: Objection, harassing 
25 
MR. KUVIN: I'm just trying --
0149 
1 
MR. PIKE: -- argumentative. 
2 
MR. KUVIN: I apologize. I'm just trying to 
3 
lay the foundation. I want to make sure that 
4 
there's no problem with the foundation for the 
5 
question of, did you have a massage table in your 
6 
home in 2005. So I've asked him whether he had a 
7 
home, I'm asking him whether he knows what a 
8 
massage table is --
9 
MR. GOLDBERGER: I have no problem with him 
10 
answering what a table is. Just ask him the 
11 
question. 
12 
BY MR. KUVIN: 
13 
Q. 
Do you know what a table is? 
14 
A. 
Yes. 
15 
Q. 
Okay. Did you have a massage table in your 
16 
home back in 2005? 
17 
MR. PIKE: Same objection. 
18 
THE WITNESS: I've already answered --
19 
MR. KUVIN: Wait. Wait. Same objection 
20 
MR. PIKE: Asked and answered. 
21 
MR. KUVIN: -- means what? 
22 
MR. PIKE: It's asked and answered. 
23 
MR. KUVIN: Is that the only objection? 
24 
MR. PIKE: And it still lacks the appropriate 
25 
foundation. 
0150 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
BY MR. KUVIN: 
Q. 
Do you know what the word "massage" is? Do 
you know what that word means? 
A. 
I'm going to respond to that question the same 
way I've responded to most of your other questions here 
today, which is, I intend to respond to all relevant 
questions regarding this lawsuit; however, at the 
present time, my attorneys have counseled me I cannot 
provide any answers to questions that may be relevant to 
this lawsuit. I must accept their advice or risk losing 
my 6th Amendment right to effective representation. 
EFTA01158577

12 
Accordingly, I assert my federal constitutional rights 
13 
as guaranteed by the 5th, 6th and 14th Amendment to the 
14 
United States Constitution. 
15 
Q. 
Do you understand what I mean when I ask you 
16 
about the year 2005? 
17 
MR. PIKE: Form, vague and confusing. 
18 
BY MR. KUVIN: 
19 
Q. 
You can answer. 
20 
A. 
I don't understand the question. 
21 
Q. 
Do you understand what I mean by the year 
22 
2005? 
23 
MR. GOLDBERGER: You just asked the same 
24 
question. He said he didn't understand it. Just 
25 
rephrase the question. 
0151 
1 
BY MR. KUVIN: 
2 
Q. 
Do you understand dates? 
3 
A. 
Like going on a date? 
4 
Q. 
No. Like years, dates. 2001, 2000, do you 
5 
know what that means? 
6 
A. 
Yes. 
7 
MR. KUVIN: Okay. So I just want to make 
8 
sure. We've objected to the word "massage," 5th 
9 
Amendment, he knows what a table is, he knows what 
10 
dates and years are and he's objected to his house. 
11 
MR. GOLDBERGER: The question, Spencer, okay? 
12 
Don't do that, please. 
13 
MR. KUVIN: I'm trying to make sure that I 
14 
have it all right here. 
15 
MR. GOLDBERGER: All right, but don't 
16 
verbalize your thoughts. Just ask a question. 
17 
MR. KUVIN: Okay. 
18 
MR. PIKE: I'm also going to move to strike 
19 
counsel's last statement from the record. 
20 
BY MR. KUVIN: 
21 
Q. 
Did you have a massage table at your home in 
22 
2005? 
23 
MR. PIKE: Same objection, lacks foundation, 
24 
improper predicate. 
25 
THE WITNESS: I'm going to respond to that 
0152 
1 
question the same way I've responded to most of 
2 
your other questions here today, which is, I intend 
3 
to respond to all relevant questions regarding this 
4 
lawsuit; however, at the present time, my attorneys 
5 
have counseled me I cannot provide answers to any 
6 
questions that may be relevant to the lawsuit. I 
7 
must accept their advice or risk losing my 6th 
8 
Amendment right to effective representation. 
9 
Excuse me? 
10 
BY MR. KUVIN: 
11 
Q. 
I'm sorry, I just had a nasal problem. 
12 
A. 
Let me start from the beginning again. 
13 
Q. 
Whatever you'd like to do. 
14 
A. 
I intend to respond to all relevant questions 
15 
regarding this lawsuit. I should start again. 
16 
Q. 
Okay. Whatever you're comfortable doing. I 
17 
have all day. 
18 
A. 
I intend to respond to all relevant questions 
19 
regarding this lawsuit; however, at the present time, my 
20 
attorneys have counseled me I cannot provide answers to 
21 
any questions relevant to this lawsuit. I must accept 
22 
their advice or risk losing my 6th Amendment right to 
EFTA01158578

23 
effective representation. Accordingly, I must assert my 
24 
federal constitutional rights as guaranteed by the 5th, 
25 
6th and 14th Amendment to the United States 
0153 
1 
Constitution. 
2 
Q. 
Did you have a massage table in your upstairs 
3 
bathroom in 2005? 
4 
MR. PIKE: Foundation, lacks appropriate 
5 
predicate. 
6 
THE WITNESS: I'm going to respond to that 
7 
question the same way I've responded to most of 
8 
your other questions here today, Mr. Kuvin, which 
9 
is, I intend to respond to all relevant questions 
10 
regarding this lawsuit; however, at the present 
11 
time, my attorneys have counseled me I cannot 
12 
provide answers to any questions that may be 
13 
relevant to the lawsuit. I must accept their 
14 
advice or risk losing my 6th Amendment right to 
15 
effective representation. Accordingly, I assert my 
16 
federal constitutional rights as guaranteed by the 
17 
5th, 6th and 14th Amendment to the United States 
18 
Constitution. 
19 
BY MR. KUVIN: 
20 
Q. 
Did you keep various massage oils, lotions, 
21 
sexual devices and sexual toys in your upstairs bathroom 
22 
in 2005? 
23 
MR. PIKE: Same objection. 
24 
MR. KUVIN: Wait a minute, is there a compound 
25 
in there? Because if so, I'll separate them out. 
0154 
1 
MR. PIKE: There was not a compound. 
2 
MR. KUVIN: Okay. 
3 
MR. PIKE: The objection was foundation and 
4 
predicate. 
5 
BY MR. KUVIN: 
6 
Q. 
Okay. You can answer. 
7 
A. 
I'm going to answer that question the way I've 
8 
answered most of your other questions here today. I 
9 
intend to respond to all relevant questions regarding 
10 
this lawsuit; however, at the present time, my attorneys 
11 
have counseled me I cannot provide answers to any 
12 
questions that may be relevant to the lawsuit. I must 
13 
accept their advice or risk losing my 6th Amendment 
14 
right to effective representation. Accordingly, I 
15 
assert my federal constitutional rights as guaranteed by 
16 
the 5th, 6th and 14th Amendment to the United States 
17 
Constitution. 
18 
Q. 
I'm going to show you a clip of a deposition 
19 
that was taken in this case and, first of all, ask 
20 
you -- this is the deposition of §§§. that had been 
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previously taken in this case. 
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MR. PIKE: Wait a minute. 
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MR. KUVIN: You're welcome to watch. 
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MR. PIKE: I might -- I want it played to the 
25 
video first. 
0155 
1 
MR. KUVIN: Okay, I can do that. 
2 
MR. PIKE: Okay. So let's play it to the 
3 
video first and then we'll determine what's next. 
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MR. KUVIN: Well, I'm going to ask him a 
5 
couple of questions first before I hit play. 
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MR. PIKE: I need to see it first. 
7 
MR. KUVIN: Come around and look. I want him 
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to see it at the same time. 
MR. PIKE: That's fine. I want it played to 
the camera first. 
MR. KUVIN: Oh, no. I'm not going to do your 
order. I'm going to just ask him first --
MR. PIKE: You need to -- you're asking the 
witness about an exhibit technically that is going 
to be utilized in this deposition that you have not 
provided me first. So just like you would 
professionally provide me a document first, I'm 
asking that you provide me the video first, play it 
to the camera, or you and I can step outside and 
you can play it to me and then you can ask the 
witness. The witness will remain in here. You and 
I can go into a different room. Then he's not 
going to answer any questions with regard to the 
video, then I ask that it not -- you're not giving 
me a document that you're questioning the witness 
on. It doesn't work that way. 
MR. KUVIN: Let me speak. You were provided 
the deposition of §§§. Someone from your office 
was present and actually asking the questions. 
This is not an exhibit that you do not have or did 
not have previous. You've had this ever since the 
deposition was taken. So I'm not surprising you 
with any new document or testimony or anything of 
the like. This is the exact same testimony of a 
witness who had been previously taken in this case 
and I'm not going to play it, I just want to see a 
couple of questions first. I will agree with your 
procedure to play it to the camera first, and then 
I will ask him questions after I've played it to 
the camera about what I just played. 
MR. PIKE: As long as --
MR. KUVIN: But I want some identification 
issues first, and that's all. 
MR. PIKE: Let me clear something up. I was 
not at the deposition of III. Bob Critton and Mark 
Luttier --
MR. KUVIN: 
MR. PIKE: 
MR. KUVIN: 
MR. PIKE: 
MR. KUVIN: 
MR. PIKE: 
matter. 
So as long as you 
first to the camera --
MR. KUVIN: Sure. 
MR. PIKE: -- then 
questioning. 
MR. KUVIN: Sure. 
MR. PIKE: And then you can play it to the 
witness, but I want to see it first. 
MR. KUVIN: That's fine. That's fine. 
BY MR. KUVIN: 
Q. 
All right. I have a photograph here or a 
video clip showing a young lady who's been identified in 
this case as §§§. Her deposition was given in this 
case. 
Correct. 
-- were at that 
Both attorneys 
I have not seen 
deposition. 
at your office. 
this video. 
Both attorneys at your office. 
It doesn't matter. It doesn't 
agree to 
you can 
play the video 
proceed with your 
And just to lay some foundation, first, do you 
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recognize this girl? 
20 
A. 
I'm going to respond to that question the way 
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I've responded to most of your other questions here 
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today, which is, I intend to respond to all relevant 
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questions regarding this lawsuit; however, at the 
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present time, my attorneys have counseled me I cannot 
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provide answers to any questions relevant to this 
0158 
1 
lawsuit. I must accept this advice or risk losing my 
2 
6th Amendment right to effective representation. 
3 
Accordingly, I assert my federal constitutional rights 
4 
as guaranteed by the 5th, 6th and 14th Amendment of the 
5 
United States Constitution. 
6 
Q. 
Did you watch her deposition as she was giving 
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it? 
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MR. GOLDBERGER: Attorney-client. 
9 
BY MR. KUVIN: 
10 
Q. 
Were you present and watching §§§.'s testimony 
11 
by closed-circuit camera as she gave her testimony in 
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this case? 
13 
MR. PIKE: Attorney-client, work product. 
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MR. GOLDBERGER: Attorney-client, work 
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product. 
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MR. PIKE: I'm going to instruct the witness 
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not to answer both of those questions. 
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MR. KUVIN: I'm going to play one of the 
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clips. Tell me if you can get a clear shot of 
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this. 
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THE VIDEOGRAPHER: Is this going to be played 
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with audio? 
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MR. KUVIN: Yes, and I'll put my mic so you 
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can pick it up. 
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MR. PIKE: And for purposes of the record, I 
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want it to -- this camera to zero out from the 
2 
current deponent onto that. I do not want my 
3 
client in the background of this videotape. Is 
4 
that understood? 
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THE VIDEOGRAPHER: I've asked to get a shot of 
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the computer screen and that's what I have. 
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MR. PIKE: Let me see what your shot is. 
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THE VIDEOGRAPHER: You're welcome to do so. 
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MR. KUVIN: You got a clean shot? 
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THE VIDEOGRAPHER: If he sticks his face in 
11 
front of the computer, I can't do anything about 
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it, but I've been asked to give a shot of the 
13 
computer. That's what I have. 
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MR. PIKE: Let's go. 
15 
MR. KUVIN: Okay, are we good? Clean shot? 
16 
(Video being played.) 
17 
VIDEO WITNESS: "And his little fetish with 
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me, pinching his nipples. He's probably getting 
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hard right now." 
20 
(Video stopped.) 
21 
BY MR. KUVIN: 
22 
Q. 
Okay. That's all. All right? Okay. 
23 
Let me make sure that I have that. I'm going 
24 
to play a clip for you that I just played for your 
25 
attorneys, and then I'd like to ask you a question about 
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it. 
2 
(Video being played.) 
3 
VIDEO WITNESS: "And his little fetish with 
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