1 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 DEPOSITION OF ALAN M. DERSHOWITZ VOLUME 1 Pages 1 through 179 Thursday, October 15, 2015 9:31 a.m. - 4:13 p.m. Cole Scott & Kissane 110 Southeast 6th Street Fort Lauderdale, Florida Stenographically Reported By: Kimberly Fontalvo, RPR, CLR Realtime Systems Administrator www.phippsreporting.com (888)811-3408 2 4 1 APPEARANCES: 1 I N D E X 2 2 On behalf of Plaintiffs: 3 3 SEARCY, DENNEY, SCAROLA 4 Examination Page 4 BARNHART & SHIPLEY, P.A. 5 2139 Palm Beach Lakes Boulevard 5 West Palm Beach, Florida 33402-3626 6 VOLUME 1 (Pages 1 - 179) BY: JACK SCAROLA, ESQ. 7 6 [email protected] Direct By Mr. Scarola 6 7 8 Certificate of Oath 176 8 On behalf of Defendant: Certificate of Reporter 177 9 COLE, SCOTT & KISSANE, P.A. 9 Dadeland Centre II - Suite 1400 Read and Sign Letter to Witness 178 10 9150 South Dadeland Boulevard Errata Sheet (forwarded upon execution) 179 Miami, Florida 33156 10 11 BY: THOMAS EMERSON SCOTT, JR., ESQ. [email protected] 11 No exhibits marked to Volume 1. 12 BY: STEVEN SAFRA, ESQ. (Via phone) 12 [email protected] 13 13 --and-- 14 SWEDER & ROSS, LLP 14 131 Oliver Street 15 15 Boston, MA 02110 BY: KENNETH A. SWEDER, ESQ. 16 16 [email protected] 17 17 --and-- 18 18 WILEY, REIN 17769 K Street NW 19 19 Washington, DC 20006 20 BY: RICHARD A. SIMPSON, ESQ. 20 [email protected] 21 BY: NICOLE A. RICHARDSON, ESQ. 22 21 [email protected] 23 22 23 24 24 25 25 3 5 1 APPEARANCES (Continued): 1 Thereupon, 2 2 the following proceedings began at 9:31 a.m.: 3 On behalf of Jeffrey Epstein: 3 VIDEOGRAPHER: This is the 15th day of 09:31:40 4 MARTIN G. WEINBERG, PC 4 20 Park Plaza, Suite 1000 October, 2015. The time is approximately 9:31 5 Boston, MA 02116 5 a.m. This is the videotaped deposition of Alan BY: MARTIN G. WEINBERG. ESQ. (Via phone) 6 M. Dershowitz in the matter of Bradley J. 6 [email protected] 7 Edwards and Paul Cassell versus Alan M. 7 --and-- 8 8 DARREN K. INDYKE, PLLC Dershowitz. This deposition is being held at 575 Lexington Ave., 4th Fl. 9 110 Southeast 6th Street, Suite 1850, Fort 9 New York, New York 10 Lauderdale, Florida, 33301. BY: DARREN K. INDYKE, ESQ. (Via phone) 10 11 My name is Travis Gallagher. I'm the 09:31:40 12 11 On behalf of Virginia Roberts: videographer representing Above & Beyond 12 BOIES, SCHILLER & FLEXNER, LLP 13 Reprographics. 401 E. Las Olas Blvd., Ste. 1200 14 Will the attorneys please announce their 09:31:46 13 Fort Lauderdale, Florida 33301 15 appearances for the record. BY: SIGRID STONE MCCAWLEY, ESQ. 16 14 [email protected] MR. SCAROLA: My name is Jack Scarola. 09:31:48 15 17 I'm counsel on behalf of Bradley Edwards and 16 ALSO PRESENT: 18 Professor Paul Cassell. Mr. Edwards and 17 Joni Jones, Utah Attorney General Office 19 Mr. Cassell are also present. 18 Travis Gallagher, Videographer 19 20 Also with us from the Utah Attorney 09:31:58 20 21 General's office is Joni Jones. 21 22 MS. McCAWLEY: Sigrid McCawley. I'm with 09:32:06 22 23 23 the law firm of Boies Schiller & Flexner on 24 24 behalf of Virginia Roberts-Gray. 25 25 MR. SCOTT: Good morning. Tom Scott on 09:32:12 2 (Pages 2 to 5) www.phippsreporting.com (888)811-3408 6 8 1 behalf of the Defendant Professor Dershowitz. 1 to teach at Harvard for my last semester, we stayed 2 MR. SIMPSON: Richard Simpson on behalf of 09:32:18 2 in the Charles Hotel. 3 Professor Dershowitz. 3 Q. How long have you had the apartment in 09:34:20 4 MR. SWEDER: Ken Sweder on behalf of 09:32:22 4 New York? 5 Defendant and Counterclaimant Alan M. 5 A. This apartment, it's been a couple of 09:34:23 6 Dershowitz. 6 years. 7 MR. WEINBERG: This is Martin Weinberg 09:32:29 7 Q. And prior to that, was there a period of 09:34:26 8 appearing by telephone. Thank you for allowing 8 time when you maintained another residence in 9 that on behalf of Jeffrey Epstein. 9 New York? 10 MR. SAFRA: This is Steven Safra also on 09:32:37 10 A. Yes. 09:34:31 11 behalf of Professor Dershowitz. 11 Q. And what period of time was that? 09:34:32 12 MR. INDYKE: This is Darren Indyke on 09:32:43 12 A. Probably 30 years, around 30 years. 09:34:37 13 behalf of Jeffrey Epstein. 13 Q. Beginning approximately 30 years ago? 09:34:42 14 MS. RICHARDSON: Nicole Richardson on 09:32:46 14 A. Yes, beginning approximately 30 years ago, 09:34:46 15 behalf of Professor Dershowitz. 15 yes. 16 Thereupon: 09:32:47 16 Q. So, have you maintained a residence in 09:34:49 17 ALAN DERSHOWITZ 09:32:47 17 New York continuously for approximately the last 18 having been first duly sworn, was examined and 09:32:47 18 30 years? 19 testified as follows: 19 A. We have not maintained a residence as that 09:34:56 20 DIRECT EXAMINATION 09:32:47 20 term's legally applied. We have had a pied-à-terre 21 BY MR. SCAROLA: 09:32:54 21 in New York that we occasionally visited over the 22 Q. Would you please state your full name, 09:32:55 22 past 30 years, yes. 23 sir? 23 Q. You had property where you could stay 09:35:07 24 A. Alan Morton Dershowitz. 09:32:57 24 overnight, you had access to that property in 25 Q. And where did you live? 09:32:59 25 New York continuously for the past 30 years? 7 9 1 A. Well, I live in three places. We have a 09:33:00 1 A. That's correct. 09:35:20 2 home in Miami Beach, a small condo apartment where 2 Q. Is that accurate? 09:35:21 3 we spend the winters. We live in the fall and part 3 A. That's correct, yes. 09:35:22 4 of the spring in an apartment in New York, and then 4 Q. All right. Can you tell me, please, 09:35:23 5 we have a summer place on Martha's Vineyard. 5 whether you agree or disagree with the following 6 Q. Within the last ten years, have you had 09:33:21 6 statement: "According to our philosophical and 7 other residence besides those that you've described? 7 ethical traditions, reputation is sacrosanct"? 8 A. Yes. 09:33:27 8 MR. SCOTT: Can I ask what you're 09:35:39 9 Q. And where are they? 09:33:27 9 publishing from? 10 A. We owned a home in Cambridge, 09:33:30 10 MR. SCAROLA: I'm just asking a question. 09:35:41 11 Massachusetts about a mile away from the Harvard Law 11 A. I believe reputation is sacrosanct and I 09:35:43 12 School. 12 believe that an effort has been made to destroy mine 13 Q. And at what point in time did you no 09:33:39 13 by false and malicious charges, yes. 14 longer have the Cambridge home? 14 MR. SCAROLA: I would move to strike the 09:35:53 15 A. Well, we moved out of it a couple of years 09:33:45 15 unresponsive portion of the answer. 16 ago and then it was on the market for a while. And 16 BY MR. SCAROLA: 09:35:56 17 then it was sold. I don't have exact dates in my 17 Q. Do you agree or disagree with the 09:35:56 18 mind. 18 following: "A good name is more desirable than 19 Q. Sometime within the last three years 09:33:57 19 great riches"? 20 approximately? 20 A. I certainly agree with that. And there's 09:36:02 21 A. Certainly was sold within the last three 09:34:02 21 been an effort to destroy my good name by false and 22 years, yes. 22 mendacious charges. 23 Q. And you moved out when? 09:34:04 23 MR. SCAROLA: I move to strike the 09:36:09 24 A. Moved out earlier than that. Moved out 09:34:06 24 unresponsive portion of the answer. 25 when we put it on the market. And when I came back 25 3 (Pages 6 to 9) www.phippsreporting.com (888)811-3408 10 12 1 BY MR. SCAROLA: 09:36:12 1 agree or disagree with the statement. 2 Q. Do you agree or disagree with the 09:36:13 2 MR. SCOTT: It's our position that you're 09:38:38 3 following statement: "While throughout history 3 reading from something that -- especially if 4 reputation has been recognized as a priceless 4 you're reading something that he's published, 5 treasure, it is fragile"? 5 he has the option to see it in order to -- if 6 A. I think that the longer one maintains a 09:36:28 6 you're quoting from it, we would like to ask 7 good reputation, as I have for over 50 years, the 7 you to produce it so he can read it.