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IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL 
CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA 
CASE NO.: CACE 15-000072 
BRADLEY J. EDWARDS and PAUL G. 
CASSELL, 
Plaintiffs, 
vs. 
ALAN M. DERSHOWITZ, 
Defendant. 
VIDEOTAPE CONTINUED DEPOSITION OF 
ALAN M. DERSHOWITZ 
VOLUME 4 
Pages 462 through 647 
Tuesday, January 12, 2016 
1:05 p.m. - 4:45 p.m. 
Stenographically Reported By: 
Kimberly Fontalvo, RPR, CLR 
Realtime Systems Administrator 
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1 
APPEARANCES: 
2 
On behalf of Plaintiffs: 
3 
4 
5 
SEARCY, DENNEY, SCAROLA 
BARNHART & SHIPLEY, P.A. 
6 
7 
8 
On behalf of Defendant: 
9 
COLE, SCOTT & KISSANE, P.A. 
Dadeland Centre II - Suite 1400 
10 
I II.
P
IRIR
11 
12 
: 
, 
. 
(Via phone) 
il
13 
--an --
14 
SWEDER & ROSS, LLP 
15 
BY: KENNETH A. SWEDER, ESQ. 
16 
17 
--and--
18 
WILEY, REIN 
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BY: RICHARD A. SIMPSON, ESQ. 
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1 
APPEARANCES (Continued): 
2 
3 
On behalf of Jeffrey Epstein: 
4 
5 
Sligi 
BY: DARREN K. INDYKE, ESQ. (Via phone) 
6 
7 
On behalf of 
8 
BOIES, SCHILLER & FLEXNER, LLP 
9 
BY: SIGRID STONE MCCAWLEY, ESQ. 
10 
11 
12 
ALSO PRESENT: 
13 
Edward J. Pozzuoli, Special Master 
14 
Sean D. Reyes, Utah Attorney General Office 
15 
Travis Gallagher, Videographer 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
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INDEX 
2 
3 
Examination 
Page 
4 
5 
VOLUME 4 (Pages 462 - 647) 
6 
7 
Certificate of Oath 
645 
Certificate of Reporter 
646 
8 
Read and Sign Letter to Witness 
647 
Errata Sheet (forwarded upon execution) 
648 
9 
10 
PLAINTIFF EXHIBITS 
11 
12 
No. 
Page 
13 
19 Proposed Joint Letter to the Special 
501 
Master 
14 
20 Document reflecting entry for Bands, 
548 
15 
Doug 
16 
21 
562 
17 
18 
22 Letter dated Jul 6 2007 from Gerald 
612 
B. Lefcourt to 
First 
19 
Assistant U.S. 
torney an o hers 
22 pages 
20 
23 Document titled NewsRoom/Alan 
623 
21 
Dershowitz to talk in Alburquerque 
22 
24 
628 
23 
24 
25 
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VIDEOGRAPHER: Going back on the record. 
2 
The time is approximately 1:05 p.m. 
3 
MR. INDYKE: This is Darren Indyke. If it 
4 
would be okay with everyone, I would like to 
5 
clarify a couple of points for the record. 
6 
SPECIAL MASTER POZZUOLI: Go ahead. 
7 
MR. INDYKE: First, I apologize for the 
8 
spotty reception during the morning session. I 
9 
was having difficulty hearing you folks, and I 
10 
think you were having some difficulty hearing 
11 
me. I think I've corrected it, but if I could 
12 
ask if you could move the mic closer to him 
13 
somehow or if I let you know that I can't hear, 
14 
if somebody could just speak up. 
15 
MR. SCAROLA: Did we turn that speaker 
16 
volume up? 
17 
MR. SIMPSON: Let's turn up the volume. 
18 
MR. INDYKE: Secondly, as to the argument 
19 
that work product belongs to the attorney and 
20 
not the client, I want to make sure that it's 
21 
clear that we disagree with that vehemently. 
22 
We believe that it is a client's every bit 
23 
as much as an attorney's and an attorney has no 
24 
right to waive that privilege over the 
25 
objection of a client. If that were true, 
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there would be nothing improper with an 
2 
attorney publishing his entire case file over 
3 
the objection of his client with the exception 
4 
of communications back and forth between 
5 
attorney and client. Strategies, witnesses, 
6 
things like that could be disclosed over the 
7 
objection of a client, and that's just not the 
8 
case. 
9 
So for the record, Mr. Epstein reasserts 
10 
the work product privilege and would continue 
11 
do so. And I would instruct Mr. Dershowitz not 
12 
provide any response to any question that would 
13 
require Mr. Dershowitz to invade that 
14 
privilege. 
15 
Third, I guess as to the joint defense 
16 
agreement, it is our position that any party to 
17 
the joint defense agreement may assert it, and 
18 
it doesn't require disclosure of all parties to 
19 
the agreement in order for the assertion to be 
20 
valid. 
21 
I would note that disclosure of the 
22 
parties to a joint defense agreement are often, 
23 
by the terms of a joint defense agreement, 
24 
subject to confidentiality and, thus, protected 
25 
by the privilege. 
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And I would also point out that it's not 
necessary for a person to be a party to a joint 
defense agreement for the communications with 
that person by a lawyer who is making those 
communications on behalf of the client party to 
the agreement to be subject to the joint 
defense agreement. 
And while we need to do some more 
background research to get the full details of 
the joint defense agreement, I would -- for 
those reasons, to the extent that any 
disclosure in response to any questions posed 
to Mr. Dershowitz would require Mr. Dershowitz 
to invade that joint defense agreement, we 
would instruct -- we would object and instruct 
that Mr. Dershowitz not respond. I think 
covers everything that I have. 
SPECIAL MASTER POZZUOLI: 
Let's proceed. 
MR. SCAROLA: Before we 
Thank you. 
proceed, I 
that 
want to 
note for the record that the various 
transcripts of statements made by 
Mr. Dershowitz that had been requested during 
the earlier session of the deposition were 
marked as Exhibit Number 1 to the prior 
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sessions of Mr. Dershowitz's deposition. 
2 
I believe that everything that was 
3 
referenced has been disclosed. To the extent 
4 
that opposing counsel identifies anything that 
5 
is not included in Composite Exhibit Number 1 
6 
previously marked, we would be happy to provide 
7 
a copy of that as soon as a copy --
8 
MR. INDYKE: Is that Mr. Scarola? 
9 
MR. SCAROLA: It is, yes. 
10 
SPECIAL MASTER POZZUOLI: Hang on. Speak 
11 
up a little bit, Jack. 
12 
MR. SCAROLA: Certainly. As soon as a 
13 
copy that does not include work product 
14 
notations is available, and the portions of 
15 
statements made by Mr. Dershowitz not included 
16 
in Exhibit Number 1 are identified to us, we 
17 
will provide those. 
18 
MR. SCOTT: I think what we most want, 
19 
Jack, are the -- I think we have one 
20 
transcript, but I think there's another 
21 
transcript of the bench and Bar that we need. 
22 
MR. SCAROLA: There are multiple 
23 
transcripts included in Exhibit Number 1. 
24 
MR. EDWARDS: If there are transcripts 
25 
that you need that are not included in Exhibit 
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Number 1, tell me. I'll get them to you, and 
2 
I'll get them to you tomorrow since we're here 
3 
again. 
4 
MR. SCAROLA: I just want the record to 
5 
reflect that I believe that everything that 
6 
we've made reference to is included in Exhibit 
7 
Number 1. If I'm incorrect in that regard, you 
8 
let us know what it is, we'll give it to you. 
9 
SPECIAL MASTER POZZUOLI: Darren, anything 
10 
on your end? You okay? 
11 
MR. INDYKE: Yep. 
12 
SPECIAL MASTER POZZUOLI: I would welcome 
13 
the parties just to get together to make sure 
14 
they have a complete set of what they need, and 
15 
we'll go from there. 
16 
MR. EDWARDS: Absolutely. Just for the 
17 
record, my only real objection was not turning 
18 
over what I had marked and my work product. 
19 
SPECIAL MASTER POZZUOLI: I understood. 
20 
MR. EDWARDS: I'll get everything to him 
21 
tomorrow. 
22 
SPECIAL MASTER POZZUOLI: I took it that 
23 
way. 
24 
BY MR. EDWARDS: 
25 
Q. 
Going back to testing the credibility of 
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1 
A. 
I imagine there would be if there were 
2 
videotapes. I've always said from the beginning, I 
3 
hope there are videotapes of every moment in 
4 
life, because they would exculpate 
5 
me completely. So I hope there are videotapes. 
6 
Q. 
Aren't you aware that there were 
7 
videotapes that were taken within your client 
8 
Jeffrey Epstein's various homes? 
9 
MR. INDYKE: Objection. Work product, 
10 
11 
12 
13 
14 
15 
16 
Q. 
Well, the statement was -- which I was not 
17 
going there. The statement was, if there are 
18 
videos, I want them all out there? 
19 
A. 
Absolutely. 
20 
Q. 
So, isn't it true that you know that there 
21 
were indeed videos taken from within your client's 
22 
various homes? 
23 
MR. INDYKE: Same objection. 
24 
BY MR. EDWARDS: 
25 
Q. 
Privileged or nonprivileged. 
attorney-client. Common interest. 
SPECIAL MASTER POZZUOLI: Carve out the 
privileged issue and non-privileged, if he 
gained information through a nonprivileged 
source. 
BY MR. EDWARDS: 
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MR. SCOTT: Asked and answered in the last 
2 
depo. 
3 
A. 
I hope there were videos. I hope there 
4 
are videos of every moment of 
' life 
5 
from the time she allegedly met Jeffrey Epstein to 
6 
the time she left. I hope there were videos in 
7 
every bedroom. I hope there were videos in every 
8 
massage room. I hope there are videos all over. 
9 
And from day one, I categorically stated 
10 
that there could be no photograph, no video that 
11 
would demonstrate that what she said was true, 
12 
because I knew it was false. She knew it was false. 
13 
And you knew it was false. 
14 
BY MR. EDWARDS: 
15 
Q. 
In representing a client, don't you try to 
16 
determine or ascertain what evidence does exist that 
17 
may incriminate or exonerate any particular client? 
18 
A. 
Of course. 
19 
Q. 
Okay. In making that inquiry in this 
20 
case, haven't you learned that there are --
21 
SPECIAL MASTER POZZUOLI: Which case? 
22 
BY MR. EDWARDS: 
23 
Q. 
In the case in which you represented 
24 
Jeffrey Epstein, haven't you learned that there were 
25 
video recordings taken from within Jeffrey Epstein's 
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various homes as well as his airplane? 
2 
MR. INDYKE: Objection, same objection. 
3 
Instruct him not to answer. 
4 
A. 
I hope there were. 
5 
BY MR. EDWARDS: 
6 
Q. 
Will you then assist us 
7 
A. 
Yes. 
8 
Q. 
-- in obtaining those videos from your 
9 
client? 
10 
A. 
I will assist you in getting any possible 
11 
videotapes of 
r any of the 
12 
13 
made. I would be thrilled to have videos of every 
14 
moment of my life during that period of time, and 
15 
16 
17 
18 
19 
20 
21 
Mr. Epstein is not waiving any of his 
22 
objections as to any such information to the 
23 
extent that it exists. 
24 
BY MR. EDWARDS: 
25 
Q. 
Okay. Well, this video or photograph --
locations where the false accusation against me was 
every moment of her life. Because they would prove 
conclusively that which I know to be conclusively 
false, namely that she made up the stories about me. 
Q. 
Okay. Just so I understand your 
agreement, is that --
MR. INDYKE: Just so we're clear, 
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if there are videos or photographs of 
that have been taken or recorded from 
3 
Jeffrey Epstein's home, is that -- is that evidence 
4 
that you will assist us in obtaining? 
5 
A. 
I will try my best to try to get every 
6 
possible 
7 
MR. INDYKE: Objection. 
8 
A. 
-- photograph -- I'm entitled to say what 
9 
I'll try to best to do. I will try my best to get 
10 
every possible video, photograph, and any other 
11 
piece of objective evidence because I know it will 
12 
all completely prove beyond any doubt that I wasn't 
13 
there. 
14 
BY MR. EDWARDS: 
15 
Q. 
And if that information has already 
16 
exchanged hands -- that evidence has already 
17 
exchanged hands from Jeffrey Epstein's hands to the 
18 
hands of his attorneys, as part of their work 
19 
product, would you agree to waive your work product 
20 
privilege to produce that evidence? 
21 
MR. SCOTT: Objection. 
22 
MR. INDYKE: Objection. 
23 
A. 
I don't have any such evidence. I wish I 
24 
did. 
25 
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BY MR. EDWARDS: 
2 
Q. 
With respect to the search warrant that 
3 
was executed on Jeffrey Epstein's house, isn't it 
4 
true that just before that search warrant was 
5 
executed, the -- Jeffrey Epstein's legal team 
6 
ordered that three computers be removed from Jeffrey 
7 
Epstein's home that contained pornographic images, 
8 
including those of 
9 
A. 
I made no such order. 
10 
MR. INDYKE: Same objection. And instruct 
11 
not to answer. 
12 
BY MR. EDWARDS: 
13 
Q. 
I didn't ask if you made the order. Isn't 
14 
it true that that occurred? 
15 
MR. INDYKE: Same objection. 
16 
MR. SIMPSON: Darren? 
17 
SPECIAL MASTER POZZUOLI: I'm not so sure 
18 
you can waive that objection. 
19 
A. 
I wish I could. 
20 
BY MR. EDWARDS: 
21 
Q. 
Didn't the U.S. Attorney's Office issue 
22 
grand jury subpoenas to the investigators that were 
23 
working on Jeffrey Epstein's behalf and were holding 
24 
those computers, and those grand jury subpoenas 
25 
outstanding at the time that the case resolved? 
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A. 
All I can say --
2 
MR. INDYKE: Same objection and 
3 
instruction. 
4 
A. 
-- is I wish every video, every computer, 
5 
I wish everything that would show where 
was had been turned over and would be turned 
7 
over. 
8 
MR. SCAROLA: Mr. Dershowitz's repeated 
9 
comments about what he wishes would happen are 
10 
an indirect statement that if he could answer 
11 
the questions, the responses that he would give 
12 
would be favorable to him and would exonerate 
13 
him. 
14 
His wishes are not the subject of the 
15 
inquiry. And every occasion on which he 
16 
expresses a wish and refuses to give an answer 
17 
is unresponsive to the questions that are being 
18 
asked, and should be stricken. 
19 
They also constitute a waiver to the 
20 
extent that they imply that if the question 
21 
could be answered, the answer would be 
22 
favorable. 
23 
I would ask you to instruct 
24 
MR. INDYKE: And to the extent that they 
25 
imply a waiver --
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SPECIAL MASTER POZZUOLI: Hang on a 
2 
second. Let him finish. 
3 
MR. INDYKE: I apologize, Mr. Scarola 
4 
MR. SCAROLA: That's quite all right, 
5 
thank you. 
6 
I know that over the speakerphone, it's 
7 
difficult, and I take no offense to the 
8 
interruption. I know it was inadvertent. 
9 
But I would ask that the witness be 
10 
instructed to discontinue that improper 
11 
assertion of statements of opinion when no 
12 
opinions are being requested. 
13 
SPECIAL MASTER POZZUOLI: Counsel, do you 
14 
have a response? I think Mr. Scarola is done. 
15 
MR. INDYKE: My response is to the extent 
16 
that you're attempting to imply anything 
17 
from -- imply a waiver from Mr. Dershowitz, 
18 
Mr. Epstein does not waive, and instructs 
19 
Mr. Dershowitz that he can make no such waiver. 
20 
THE WITNESS: I have not refused to 
21 
answer. 
22 
SPECIAL MASTER POZZUOLI: Hang on one 
23 
second. Let me say this: I would suggest that 
24 
I don't take such inference that he's waiving 
25 
based upon his general statements. 
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What -- we have been down a little bit of 
2 
this road this morning on trying to get to what 
3 
appears to be privileged information or 
4 
information that -- or activity that was 
5 
undertaken or not undertaken during the course 
6 
of the representation, the relationship 
the 
7 
attorney-client relationship between 
8 
Mr. Dershowitz and Mr. Epstein. 
9 
And at this point, based upon the 
10 
objection, I will uphold the objection and 
11 
we'll move forward. 
12 
MR. SCAROLA: The second part of my 
13 
request is that Mr. Dershowitz be instructed to 
14 
refrain from expressing a desire to answer 
15 
questions. It's not responsive. It implies 
16 
that if he could answer, the answers would be 
17 
favorable. 
18 
The implication is improper, and the 
19 
insertion into the record of the implication is 
20 
improper. If he can't answer the question, he 
21 
should simply say he cannot answer based on 
22 
privilege. 
23 
THE WITNESS: Can I respond? 
24 
SPECIAL MASTER POZZUOLI: No. Let me 
25 
respond. 
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I think that's appropriate. I do actually 
2 
agree with Mr. Scarola in this respect. I do 
3 
think that you should be responsive 
4 
specifically to the question if you can. 
5 
Where you can't, you state you can't. I 
6 
believe that the record is now full of your 
7 
views on some of this in a generic way, and so 
8 
with that said, I would ask that you be more 
9 
pointed with your answers. 
10 
THE WITNESS: I appreciate that. I just 
11 
want to comment that I did not ever refuse to 
12 
answer any of those questions. It was 
13 
instructed not to answer any of those 
14 
questions. 
15 
SPECIAL MASTER POZZUOLI: I do understand 
16 
that. For purposes of some efficiency here, I 
17 
would like to get through this within the time 
18 
alloted. 
19 
MR. EDWARDS: Me, too. Thank you. 
20 
BY MR. EDWARDS: 
21 
Q. 
Is there any nonprivileged information 
22 
which would demonstrate whether 
23 
statement that she was flown on Jeffrey Epstein's 
24 
plane while underage was true or false? 
25 
A. 
I'm sure there must be, but I don't have 
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it in my mind right now, so I can't answer that 
2 
question. 
3 
Q. 
The flight logs were previously marked 
4 
as --
5 
MR. SCAROLA: Exhibit 7. 
6 
BY MR. EDWARDS: 
7 
Q. 
-- as Exhibit 7 to the deposition. I'll 
8 
show you pages from Exhibit 7 which indicate the 
9 
dates of the flight logs for those on the phone 
10 
November 2002 through January -- sorry, 
11 
November 2000 through January 2001 and January 2001 
12 
through February 20th, 2001. 
13 
SPECIAL MASTER POZZUOLI: Counsel? 
14 
MR. SCOTT: Okay. 
15 
A. 
Yes, I see the flights that you have 
16 
marked in green. 
17 
BY MR. EDWARDS: 
18 
Q. 
Do the flight logs indicate 
II~sa 
passenger on Jeffrey Epstein's plane 
20 
with Jeffrey Epstein? 
21 
A. 
Well, the first one I look at does not. 
22 
It has 
and 
Although it's 
23 
underlined, it doesn't suggest 
24 
The second one does say 
■ 
. And the fourth and fifth ones say 
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