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1 MR. SCAROLA: -- in cross examination. It
2 is --
3 MR. SCOTT: -- to do. No --
4 MR. SCAROLA: -- improper.
5 MR. SCOTT: No.
6 MR. SCAROLA: There's no question pending
7 as to which that's relevant. But let's take a
8 look at what you're showing him.
9 MR. SCOTT: Sure. Why don't you read it
10 into the record?
11 THE WITNESS: I've read it.
12 MR. SCOTT: Read it into the record so
13 that Mr. Scarola is advised.
14 A. "Okay. When Alan Dershowitz was in the
15 house, I understand you to say that these local
16 Palm Beach girls would come over to the house
17 while he was there, but you're not sure if he
18 had a massage from any of these girls?
19 "Exactly.
20 "And what would he do while these girls
21 were in the house?
22 "He would read a book with a glass of
23 wine by the pool, stay inside.
24 "Did he ever talk to any of the girls?
25 "I don't know, sir.
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1 "Certainly he knew they were there?
2 "I don't know, sir."
3 That's the best you can do? That's really
4 the best you can do? You think a professional
5 lawyer would make these allegations based on "I
6 don't know, sir."
7 MR. SCAROLA: Is there a question pending,
8 Mr. Scott?
9 MR. SCOTT: He's reading you asked him
10 what he was reading --
11 MR. SCAROLA: Yes, sir.
12 MR. SCOTT: -- from and I had him publish
13 it.
14 MR. SCAROLA: Yeah, I know, and then he
15 went on to make a speech. So I know I don't
16 have to do it, but I'm compelled to move to
17 strike the unresponsive speeches.
18 MR. SCOTT: And I consider these to be a
19 response to the interrogation that you did
20 taking excerpts improperly and not having the
21 entire record in front of him, which he's
22 entitled to do to make that the record is
23 complete. And I intend to protect him in that
24 way.
25
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1 BY MR. SCAROLA:
2 Q. So we have agreed that it was reasonable
3 for Bradley Edwards and Paul Cassell, in assessing
4 the credibility of , to rely upon
5 police reports, FBI reports, U.S. Attorney's Office
6 information, and information from the Palm Beach
7 County State Attorney's Office, correct?
8 A. No.
9 Q. No?
10 A. No. It would not be enough for them to do
11 that --
12 Q. I didn't ask you whether it was enough.
13 A. You said it was
14 Q. I asked you: Would it reasonable for them
15 to rely upon those sources of information in
16 assessing the credibility of
17 A. Not alone, not without looking at --
18 Q. That wasn't my question.
19 A. -- other sources of information.
20 MR. SCOTT: Wait a minute.
21 BY MR. SCAROLA:
22 Q. Well, what he's relying upon
23 MR. SCOTT: You're not the judge here.
24 Let him -- ask a question and let him answer it
25 and not cut him off, please.
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1 A. Let me answer. "Rely" connotes to me that
2 they would place a heavy emphasis on that to the
3 exclusion of other things and that it would be
4 enough. And so my answer is, yes, they certainly
5 should have read all the reports. They certainly
6 should have read all the transcripts. But they also
7 should have called me, they should have made other
8 inquiry, and they should have made sure that they
9 read all of these depositions and reports in
10 context.
11 And if you're implying that there are FBI
12 reports that in any way inculpate me, that's
13 inconsistent with the information I have from Former
14 Chief of Assistant , who was prepared
15 to file an affidavit saying that that wasn't the
16 case but was prevented from doing so by the Justice
17 Department.
18 MR. SCOTT: It's about noon now. So I
19 guess we're heading -- we're wrapping this up?
20 MR. SCAROLA: Not quite yet.
21 BY MR. SCAROLA:
22 4• You do agree that the allegations that
23 made against Prince Andrew were
24 well-founded allegations, correct?
25 A. I have absolutely no idea. I've met
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1 Prince Andrew on a number of occasions in a public
2 context. He came and spoke in my class at Harvard
3 law school. The dean then had a dinner in his -- or
4 lunch in his honor. I was then invited to a dinner
5 at the British Consulate.
6 I've never seen him in the presence of any
7 underaged women, so I have absolutely no basis for
8 reaching any conclusion whatsoever about
9 Prince Andrew.
10 Q. So you don't know one way or another
11 whether those allegations are true or false?
12 A. Neither do you. Nobody would know except
13 two people, I imagine. But I don't know. Of course
14 not.
15 Q. All right.
16 A. But I presume --
17 Q. You say you have never seen him
18 A. -- people innocent --
19 Q. -- in the presence of any underaged women,
20 but you've seen photographs of him in the presence
21 of an underaged woman, correct?
22 A. I have, yes.
23 MR. SCAROLA: May we mark this as the next
24 numbered exhibit, please.
25 A. And I want to note --
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1 THE REPORTER: Hold on. Hold on.
2 A. -- the absence of any
3 MR. SCOTT: She can't take it down.
4 THE WITNESS: Sorry.
5 (Thereupon, marked as Plaintiff
6 Exhibit 8.)
7 THE REPORTER: It's okay. Go ahead.
8
A. And I want to note the absence of any
9 photograph of me with
10 BY MR. SCAROLA:
11 Q. That's the photograph that you were
12 referring to?
13 A. I've seen this photograph in the
14 newspapers.
15 Q. Yes, sir. And the woman on the far right
16 of that photograph, who is that?
17 A. Ghislaine Maxwell.
18 Q. The woman that you and your friend Jeffrey
19 Epstein have traveled with repeatedly, correct?
20 A. No. A woman who I may have traveled with
21 on two or three occasions. I can't think of more
22 times than that that I traveled with her, but it's
23 possible. But not -- I wouldn't say repeated
24 occasions. I've --
25 Q. Well --
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1 A. -- probably been in her presence fewer
2 than a dozen times.
3 Q. I'm going to hand you --
4 A. But just to be clear, what I knew about
5 Ghislaine Maxwell was that she was the daughter of a
6 prominent British publisher
7 Q. I haven't asked you what you knew about
8 Ghislaine Maxwell. I asked you
9 A. Well, you asked --
10 Q. -- whether or not you recognized her in
11 the photograph?
12 A. Yes. Yes.
13 Q. Thank you very much, sir.
14 I'm going to hand you an airport codes log
15 that identifies the airports that are identified by
16 abbreviations in the case -- in case that is of some
17 assistance to you in answering the next series of
18 questions that I'm about to ask you.
19 A. Right.
20 Q. And I'm going to hand you this composite
21 exhibit, which we will mark as the next numbered
22 composite.
23 A. Uh-huh, right.
24 (Thereupon, marked as Plaintiff
25 Exhibit 9.)
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1 THE WITNESS: Excuse me, I need to a take
2 a very quick bathroom break.
3 MR. SCAROLA: That's fine.
4 THE WITNESS: Probably be two minutes or
5 less than two minutes.
6 VIDEOGRAPHER: Going off the record. The
7 time is approximately 12:03 p.m.
8
(Sidebar held off the record.)
9 MR. SCAROLA: While we're waiting, let me
10 mark the next numbered exhibits as well. That
11 will save us some time.
12 MR. SCOTT: What is this?
13 MR. SCAROLA: Her calendar, his calendar.
14 MR. SCOTT: Who's calendar is this,
15 Carolyn's?
16 MR. SCAROLA: Okay. This is Number 10.
17 MR. SCOTT: Carolyn's calendar.
18 (Thereupon, marked as Plaintiff
19 Exhibit 10.)
20 MR. SCAROLA: This is Number 11.
21 (Thereupon, marked as Plaintiff
22 Exhibit 11.)
23 MR. SCAROLA: This is Number 12.
24 (Thereupon, marked as Plaintiff
25 Exhibit 12.)
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1 BY MR. SCAROLA:
2 Q. Mr. Dershowitz, I have handed you a
3 composite exhibit that is marked as Number 9.
4 A. Yes.
5 Q. The first document in that composite is a
6 page from --
7 MR. SCOTT: Here's Number 9.
8 BY MR. SCAROLA:
9 Q. -- is a page from your wife's calendar; is
10 that correct?
11 A. Yes.
12 MR. SCOTT: Take a moment to review the
13 exhibit, please.
14 A. Yes, it looks like -- I'm looking at the
15 first page. It looks like my wife's -- my wife's
16 handwriting, yes.
17 BY MR. SCAROLA:
18 Q. And the second page is another page from
19 your wife's calendar; is that correct?
20 A. Looks like it, yes.
21 Q. And --
22 MR. SCOTT: Take the time to review it
23 before you answer questions, please.
24 A. Right.
25
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1 BY MR. SCAROLA:
2 Q. And can you determine from the calendar
3 entries here where your wife is during the period of
4 time that's covered by these calendar entries?
5 A. I would have to look at a particular
6 entry. If it describes where she is, yes.
7 Q. Okay. Well, tell me where she is.
8 A. What day?
9 MR. SCOTT: Which one? What point?
10 BY MR. SCAROLA:
11 Q. The period covered by this calendar
12 between December 7 and December 13.
13 A. What year?
14 Q. You know what, I can't tell you what year
15 it is from these calendars. So you tell me.
16 I suggest to you that this is a calendar
17 from December of 2000, since the next two months at
18 the top of the calendar are January 2001 and
19 February 2001. So let's assume that since it is a
20 page from a calendar that appears to be December of
21 2000, that it's December of 2000.
22 That would be a reasonable conclusion,
23 wouldn't it?
24 A. I have no idea.
25 Q. You don't know?
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1 A. I don't know. I mean, I don't know -- you
2 said you don't -- you can't tell what the year is,
3 so --
4 Q. Well, I'm telling --
5 A. I can't tell what the year is.
6 Q. you that it appears to be December 2000
7 because the next two months at the top of the
8 calendar are January of 2001 and February of 2001.
9 A. I only see -- I'm sorry, we're probably
10 looking at different things. I see November 2000,
11 December 2000. I don't see January or anything like
12 that. Maybe you can show them to me. Oh, it's on
13 the first page.
14 Q. First page, yes, sir.
15 A. So it's in reverse order.
16 Yeah, so the pages are in reverse order.
17 The first page says on top January 2001,
18 February 2001 and the second page says
19 November 2000, December 2000, yeah.
20 Q. So it appears we're looking at
21 December 2000, correct?
22 A. When we're looking at which page? When
23 we --
24 Q. Both pages.
25 A. Well, one is January/February and one is
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1 December.
2 Q. One shows the subsequent two months and
3 the --
4 A. Okay.
5 Q. -- other one shows --
6 A. Yes.
7 Q. -- the preceding and following month,
8 correct?
9 A. Yes, that does look like it's December of
10 2000, yes.
11 Q. Okay, sir. So look at the calendar and
12 tell me where it appears your wife is during this
13 period of time.
14 A. The whole period of time?
15 MR. SCOTT: Please read the exhibit, all
16 the pages, thoroughly, so that you have a full
17 context.
18 A. It says, A.D. in Boston. That means I was
19 in in Boston.
20 It says Charleston, New York. It says
21 book fair. It says book fair. It says A.D. in
22 Boston.
23 It then says the Halbreiches arrive.
24 They -- they were probably our guests.
25
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1 BY MR. SCAROLA:
2 Q. Your guests at home in Cambridge,
3 Massachusetts, right?
4 A. No, I don't know. I don't know.
5 Halbreiches arrive.
6 And I can't really tell from here where
7 Carolyn is. McDonalds -- let's see, this is 2000
8 and what year? 2001. 2000. Yeah, yeah.
9 So tell me what you're looking for. I'll
10 try to --
11 Q. I want to know where your wife was during
12 this period of time if you can tell from the
13 calendar entries.
14 A. Well, she may have been in -- there's
15 something about Charleston. There's something about
16 New York. There's something about me being in
17 Boston. I really can't tell much beyond that.
18 Q. Okay. So you don't know one way or
19 another from these calendar entries where your wife
20 was during this period of time; is that correct?
21 A. I can't tell that from this entry, no.
22 Q. What we can tell from the entry in the
23 bottom right-hand corner --
24 MR. SCOTT: Which page?
25 A. Which page?
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1 BY MR. SCAROLA:
2 Q. Of the first page of this composite is
3 that there is a notation that says Alan Dershowitz
4 11:45 a.m., New York City, right?
5 A. Eleven -- A.D. 11:45 and then there's a
6 word that I can't read.
7 Q. How about a.m.?
8
A. Oh, 5:00 a.m., New York City, yes.
9 Q. Okay. Thank you, sir.
10 And the next page, where did -- where did
11 your wife have opera instructions?
12 A. I have no idea. We go to the opera in
13 Boston, we go to the opera in New York, we go to the
14 opera in Florida. We do a lot -- a lot of opera. I
15 don't know what "opera instructions" means.
16 Maybe it would be best if you asked my
17 wife about these things. It's her calendar.
18 Q. I -- I intend to, sir, but --
19 A. Sure.
20 Q. -- these are calendars that you produced
21 as part of the evidence that you contend exonerates
22 you. So, I assumed that you had some knowledge of
23 the meaning of these pages.
24 A. No.
25 Q. But I may be wrong.
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1 A. We have --
2 Q. So you're telling me that you don't know
3 where she was and that's --
4 A. We just -- we just gave you everything we
5 had --
6 MR. SCOTT: We provided hundreds and
7 hundreds of pages. You're picking out one.
8 BY MR. SCAROLA:
9 Q. Let's go -- let's go to the next page, if
10 we could, please, the third page in this composite.
11 A. The third, okay. Third, okay.
12 Q. And can we agree that this is a calendar
13 from December of 2000?
14 A. Yes.
15 Q. Can we agree it's your calendar from
16 December of 2000?
17 A. That's right, yeah.
18 Q. And can we also agree that during this
19 period of time, you were making regular appearances
20 in New York on Court TV?
21 MR. SCOTT: Review the document before you
22 answer the question, please.
23 A. It says 12/30, Court TV, yes. There was a
24 period of time where I had a contract with Court TV
25 and I would appear when they asked me to, yeah.
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1 BY MR. SCAROLA:
2 Q. And you would appear in New York --
3 A. Well, no --
4 Q. -- for those Court TV appearances
5 A. I would appear --
6 Q. -- on a regular basis, correct?
7 A. I would appear wherever I was. So when I
8 was in New York, I appeared in New York, but they
9 would do it by remote when I was in a different
10 city. And I clearly did some remotes for Court TV.
11 Q. In fact, you took an apartment in New York
12 for purposes of convenience to facilitate your
13 New York Court TV appearances, correct?
14 A. Totally false.
15 Q. Did you have an apartment in New York
16 during this period of time in December of 2000?
17 A. I had an apartment for -- I've had an
18 apartment in New York for 30 -- 30 years or more.
19 But I certainly didn't take an apartment for
20 purposes of Court TV, no.
21 Q. On Tuesday, December 12, the entry is
22 1:30, Jeff, correct?
23 A. Right. Yeah.
24 Q. And that's a reference to Jeffrey Epstein,
25 correct?
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1 A. I don't -- I don't know.
2 Q. Well, what other Jeff might it be?
3 A. I know -- I know many, many Jeffs.
4 Q. Tell me which other Jeffs it might have
5 been a reference to
6 A. I have no idea.
7 Q. -- on this calendar page.
8
A. I just have no idea. I would be
9 speculating.
10 Q. During the same period of time on
11 December 12 when there's a calendar entry that
12 reflects 1:30, Jeff, we know from the flight logs
13 that Jeffrey Epstein traveled on December 11 from
14 Palm Beach International Airport to Teterboro
15 Airport, which is the private plane facility that
16 services the New York Metropolitan area.
17 A. I have no idea.
18 Q. You don't know?
19 A. No, I have no idea whether he was on that
20 plane. I haven't seen the flight log.
21 Q. Well, I'm calling your attention to the
22 flight log. It's the next page.
23 A. It's the next page here?
24 Q. Yes, sir.
25 A. Okay.
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1 Q. December 11, 2000, PBI to Teterboro,
2 passengers, Jeffrey Epstein --
3 A. Wait a second. I have to find it.
4 MR. SCOTT: Well, let him let him read
5 the exhibit.
6 A. What -- what's the date?
7 BY MR. SCAROLA:
8
Q. December 11.
9 A. December 11. Yes, I see that.
10 Q. Palm Beach International Airport to
11 Teterboro?
12 A. Right, yeah.
13 Q. Passengers, Jeffrey Epstein?
14 A. Right.
15 Q. GM, a reference to Ghislaine -- excuse me,
16 Ghislaine Maxwell.
17 A. Uh-huh.
18 Q. Andlilland , right?
19 A. That's what it says, yes, sir.
20 Q. And then we see three of the same four
21 passengers leaving the New York area.
22 A. Uh-huh.
23 Q. To fly to another destination three days
24 later on December 14, correct?
25 A. Yes.
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1 Q. And let's look at the next page of your
2 wife's diary for December 13, the period of time
3 when the flight log shows Jeffrey Epstein and
4 in New York --
5 A. Uh-huh.
6 Q. -- at the same time when it would appear
7 that you were in New York. And at the bottom of
8 this calendar, Wednesday, December 13, A.D.,
9 massage, right?
10 A. 10:00 a.m. it says? What is it?
11 Q. It says 10, 10-A.D. massage?
12 A. Yeah.
13 Q. Okay.
14 Let's go to the next composite.
15 A. I don't have -- there's another page after
16 that. Oh, the next composite.
17 Q. Yes, sir.
18 A. Yeah.
19 Q. Composite Number 10.
20 A. Uh-huh. But -- but I just want to be
21 clear. So you're saying Carolyn was with me in
22 New York during that period of time.
23 Q. No, I'm not saying that at all, sir. I
24 suggest that when we take a close look at the
25 calendar, it's going to reveal something other than
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1 that, but that you were in New York at the same time
2 Jeffrey Epstein --
3 A. And that Carolyn
4 Q. -- and were in New York and you
5 were --
6 A. And that Carolyn arranged for a massage.
7 Q. -- having a massage.
8 A. And that my wife arranged for a massage.
9 Q. No, I didn't say that at all, sir?
10 MR. SCOTT: Well, that's what he's saying
11 that the record reflects.
12 A. The record
13 MR. SCOTT: Don't cut him off.
14 A. -- reflects that Carolyn -- Carolyn always
15 wanted me to have massages because she thought it
16 would relax me. I don't like massages particularly,
17 but when Carolyn arranged massages, almost always we
18 had them together at the same time. We would have
19 the same masseuse, sometimes a man, sometimes a
20 woman, come to the house and give us massages
21 together.
22 The idea that my wife would arrange for me
23 to have a massage with an underage girl for sexual
24 purposes is so bizarre and absurd as to defy any
25 kind of credibility, but go on.
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