David James Mulligan — Direct/Cross/Redirect
277 linesDIRECT EXAMINATION BY MS. POMERANTZ:
MS. POMERANTZ: Good afternoon, Mr. Mulligan.
DAVID JAMES MULLIGAN: Good afternoon.
MS. POMERANTZ: How old are you?
DAVID JAMES MULLIGAN: I'm 42.
MS. POMERANTZ: In what state were you born?
DAVID JAMES MULLIGAN: In Arizona.
MS. POMERANTZ: In what state did you grow up?
DAVID JAMES MULLIGAN: Arizona.
MS. POMERANTZ: How far did you go in school?
DAVID JAMES MULLIGAN: As far as completing a master's degree.
MS. POMERANTZ: What is your master's degree in?
DAVID JAMES MULLIGAN: In special education.
MS. POMERANTZ: What kind of work do you do now?
DAVID JAMES MULLIGAN: Now I'm a baker.
MS. POMERANTZ: Did you go to high school?
MS. POMERANTZ: In what state did you go to high school?
DAVID JAMES MULLIGAN: Arizona.
MS. POMERANTZ: When you were in high school, who, if anyone, was your girlfriend?
DAVID JAMES MULLIGAN: Annie Farmer.
MS. POMERANTZ: Approximately when did you meet Annie Farmer?
DAVID JAMES MULLIGAN: I met her in the spring of 1996.
MS. POMERANTZ: Where did you meet Annie?
DAVID JAMES MULLIGAN: I met her at a prom party.
MS. POMERANTZ: What grade were you in when you met Annie?
DAVID JAMES MULLIGAN: I was a junior in high school.
MS. POMERANTZ: What grade was Annie in when you met her?
DAVID JAMES MULLIGAN: She was also a junior.
MS. POMERANTZ: When did you and Annie start dating?
DAVID JAMES MULLIGAN: We started dating in the fall of 1996.
MS. POMERANTZ: How old were you when you started dating Annie?
DAVID JAMES MULLIGAN: I was 17 years old.
MS. POMERANTZ: And about how old was Annie when you started dating?
DAVID JAMES MULLIGAN: She was also 17.
MS. POMERANTZ: Ms. Drescher, can we pull up what is already in evidence as Government Exhibit 101.
MS. POMERANTZ: Mr. Mulligan, do you recognize the person in this photograph?
MS. POMERANTZ: Who is it?
DAVID JAMES MULLIGAN: Annie Farmer.
MS. POMERANTZ: Is this a fair and accurate photograph of Annie Farmer as she appeared when you met her in high school?
MS. POMERANTZ: Did Annie tell you where she went in the summer of 1996?
MS. POMERANTZ: Did there come a time when Annie told you how the trip -- let me back up. Excuse me. Where did Annie tell you she went?
DAVID JAMES MULLIGAN: To Thailand.
MS. POMERANTZ: Did there come a time when Annie told you how the trip to Thailand was paid for?
MS. POMERANTZ: What did she tell you?
DAVID JAMES MULLIGAN: She told me it was paid for by Jeffrey Epstein.
MS. POMERANTZ: Approximately when did she tell you that?
DAVID JAMES MULLIGAN: Sometime after we began dating. So in the fall or winter of 1996.
MS. POMERANTZ: For about how long were you and Annie romantically involved?
DAVID JAMES MULLIGAN: We dated on and off through the end of 2003.
MS. POMERANTZ: Did you keep in touch with Annie after you and Annie broke up?
MS. POMERANTZ: What is the nature of your current relationship with Annie?
DAVID JAMES MULLIGAN: We're still friends.
MS. POMERANTZ: About how often do you and Annie communicate?
DAVID JAMES MULLIGAN: On average, probably about once a month.
MS. POMERANTZ: What, if any, conversations have you had with Annie about the substance of your testimony here today?
DAVID JAMES MULLIGAN: None.
MS. POMERANTZ: Did you go to Annie's house while you were dating in high school?
MS. POMERANTZ: During the time you dated Annie in high school, who did Annie live with?
DAVID JAMES MULLIGAN: She lived with her mom and her sister, Ashley.
MS. POMERANTZ: Based on your observations, what did you understand to be Annie's family's financial circumstances?
DAVID JAMES MULLIGAN: Her mom was a single mom and always working. So I would say she was struggling to make ends meet.
MS. POMERANTZ: Did there come a time when Annie spoke with you about a trip Annie took to New York?
MS. POMERANTZ: When did Annie first tell you about her trip to New York?
DAVID JAMES MULLIGAN: Sometime soon after we began dating.
MS. POMERANTZ: Who did Annie tell you she went to see in New York?
DAVID JAMES MULLIGAN: She went to visit her sister, Maria.
MS. POMERANTZ: Who, if anyone, did Annie tell you she met in New York?
DAVID JAMES MULLIGAN: She met Jeffrey Epstein on that trip.
MS. POMERANTZ: What, if anything, did Annie tell you she did with Jeffrey Epstein in New York?
DAVID JAMES MULLIGAN: She told me that she went out to a show with Maria and Jeffrey Epstein.
MS. POMERANTZ: What, if anything, did Annie tell you happened during the show?
DAVID JAMES MULLIGAN: I remember her telling me that Jeffrey was seated between the two sisters and that he reached out and touched her leg during the show.
MS. POMERANTZ: Did Annie tell you at that time how she felt about that?
DAVID JAMES MULLIGAN: Yes. She said she felt awkward and confused about it.
MS. POMERANTZ: Did she tell you why she felt awkward and confused about it?
DAVID JAMES MULLIGAN: Because Jeffrey Epstein had provided a lot of opportunities for her artistic career, and Annie felt that she couldn't really speak up or say anything, and she really didn't understand, I think, why it was happening in the moment.
MS. POMERANTZ: When you say her artistic career, whose artistic career are you referring to?
DAVID JAMES MULLIGAN: Her sister, Maria's.
MS. POMERANTZ: Did there come a time when Annie spoke with you about a trip she took to New Mexico?
MS. POMERANTZ: Approximately when did she first talk to you about the trip to New Mexico?
DAVID JAMES MULLIGAN: Soon after we began dating. So I would say in the fall or winter of 1996.
MS. POMERANTZ: Is Annie's experience in New Mexico something that you and Annie discussed once or more than once during the time you were dating in high school?
DAVID JAMES MULLIGAN: More than once.
MS. POMERANTZ: Did Annie tell you all the details at once or did she tell you more over time while you were in high school?
DAVID JAMES MULLIGAN: She told me more over time.
MS. POMERANTZ: How did Annie's trip to New Mexico first come up in conversation between you and Annie?
DAVID JAMES MULLIGAN: It first came up when we were beginning to be physically affectionate with each other.
MS. POMERANTZ: Can you describe for the jury Annie's demeanor?
MS. STERNHEIM: Objection.
JUDGE NATHAN: Sustained.
MS. POMERANTZ: You said this came up more than once in high school. In general, when you were in high school, when did Annie talk to you about these experiences?
DAVID JAMES MULLIGAN: At times, when we were being physically affectionate with each other.
MS. POMERANTZ: While you and Annie were in high school, did Annie tell you when she went to New Mexico?
MS. POMERANTZ: What did she tell you about when she went?
DAVID JAMES MULLIGAN: She said that she went just before we had met.
MS. POMERANTZ: What, if anything, did Annie tell you about where she stayed in New Mexico?
DAVID JAMES MULLIGAN: She told me she stayed at Jeffrey Epstein's ranch.
MS. POMERANTZ: Did she tell you where on the ranch she stayed?
DAVID JAMES MULLIGAN: Yes. I remember that she had her own bedroom at the ranch.
MS. POMERANTZ: What did Annie tell you about who she spent time with in New Mexico?
DAVID JAMES MULLIGAN: The two people I remember her saying she spent time with were Ghislaine Maxwell and Jeffrey Epstein.
MS. POMERANTZ: Did Annie tell you if anyone else was in New Mexico?
DAVID JAMES MULLIGAN: No, there was no one else with her in New Mexico that I remember.
MS. POMERANTZ: What did she tell you about that?
DAVID JAMES MULLIGAN: She told me that she had expected to find other girls of her age and in similar situations to her as part of -- I guess what you could describe as an enrichment weekend of sorts, but she told me that when she arrived, she realized that she was the only girl there.
MS. POMERANTZ: What, if anything, did Annie tell you about Maxwell?
DAVID JAMES MULLIGAN: She said that Maxwell was very charming, very pretty. She greeted her when she arrived. And I remember that they had a day around town where Maxwell took her shopping.
MS. POMERANTZ: Did Annie tell you if Maxwell bought her anything?
MS. POMERANTZ: What did she tell you?
DAVID JAMES MULLIGAN: I remember she told me that Maxwell bought her a pair of cowboy boots.
MS. POMERANTZ: Did Annie tell you about her conversations with Maxwell in New Mexico in this time when you were dating in high school?
MS. POMERANTZ: What did Annie tell you about her conversations with Maxwell?
DAVID JAMES MULLIGAN: I remember that Maxwell asked Annie if she had ever received a massage before, which Annie had not.
MS. POMERANTZ: Do you remember what Annie told you what happened next in the context of massage in terms of what Maxwell said to her?
DAVID JAMES MULLIGAN: Yes. She said that Maxwell basically told her that she was going to have the opportunity to have a massage and was telling her how enjoyable that it would be for Annie.
MS. POMERANTZ: While you and Annie were in high school, did Annie tell you about receiving a massage in New Mexico?
MS. POMERANTZ: Do you remember all the details Annie told you about the massage today?
DAVID JAMES MULLIGAN: I remember some of the details, but not all.
MS. POMERANTZ: Did Annie tell you if anyone touched her during the massage?
MS. POMERANTZ: Who did Annie tell you touched her during the massage?
DAVID JAMES MULLIGAN: Maxwell.
MS. POMERANTZ: What, if anything, did Annie tell you about where Annie was touched by Maxwell?
DAVID JAMES MULLIGAN: She told me that she was touched on the breasts.
MS. POMERANTZ: Did Annie tell you who touched her breasts?
MS. POMERANTZ: Who was that?
DAVID JAMES MULLIGAN: Ghislaine Maxwell.
MS. POMERANTZ: While you and Annie were in high school, did Annie tell you how she felt while Maxwell was touching her breasts and giving her the massage?
DAVID JAMES MULLIGAN: Yes. She told me that she felt fearful and awkward and helpless.
MS. POMERANTZ: Did Annie tell you if she said anything --
MS. MENNINGER: Objection. Leading.
JUDGE NATHAN: Sustained.
MS. POMERANTZ: What, if anything, did Annie tell you about whether she said anything to anyone after the massage?
MS. MENNINGER: Objection.
JUDGE NATHAN: Overruled.
DAVID JAMES MULLIGAN: She told me that she didn't have the courage to speak up and say anything because she was afraid of jeopardizing any of her sister Maria's opportunities with Jeffrey Epstein.
MS. POMERANTZ: While you and Annie were in high school, did Annie tell you about any other experiences with Jeffrey Epstein in New Mexico?
DAVID JAMES MULLIGAN: She also told me that, during the massage --
MS. POMERANTZ: Your Honor, if I may, with counsel's -- this is what we had conferred on. I just want to ask a more leading question, if I may?
MS. MENNINGER: That's fine.
MS. POMERANTZ: While you and Annie were in high school, did Annie tell you about any other experiences with Jeffrey Epstein in her bedroom in New Mexico?
MS. POMERANTZ: What did she tell you?
DAVID JAMES MULLIGAN: She said that, after the massage, that Jeffrey Epstein followed her. He had been present during the massage --
MS. MENNINGER: Objection.
JUDGE NATHAN: Sustained. I'll stop the response. Next question.
MS. POMERANTZ: After you said that Annie told you that he followed her, where did Annie tell you that he followed her?
DAVID JAMES MULLIGAN: Into her bedroom.
MS. POMERANTZ: And what did Annie tell you happened in the bedroom?
DAVID JAMES MULLIGAN: That Jeffrey Epstein climbed into bed with her and attempted to snuggle.
MS. POMERANTZ: And what did she tell you happened after he was trying to snuggle with her?
DAVID JAMES MULLIGAN: She told me that she got out of bed and locked herself in the bathroom.
MS. POMERANTZ: Did Annie talk to you about what happened in New Mexico after high school?
MS. POMERANTZ: When did she talk to you about what happened in New Mexico?
DAVID JAMES MULLIGAN: I remember her talking to me about it in early 2003.
MS. POMERANTZ: What was Annie's demeanor when you spoke with her when she talked to you about what happened in New Mexico in 2003?
MS. MENNINGER: Objection.
JUDGE NATHAN: Sustained.
MS. POMERANTZ: In 2003 when Annie talked to you about her experiences with Maxwell and Epstein in New Mexico, without going into the details, when did this come up?
DAVID JAMES MULLIGAN: This came up at a time where we were being physically affectionate with each other.
MS. POMERANTZ: Your Honor, may I have one moment, please?
JUDGE NATHAN: You may.
MS. POMERANTZ: Nothing further, Judge.
JUDGE NATHAN: Ms. Sternheim.
MS. STERNHEIM: Briefly, Judge.
CROSS-EXAMINATION BY MS. STERNHEIM:
MS. STERNHEIM: Good afternoon, Mr. Mulligan.
DAVID JAMES MULLIGAN: Hello.
MS. STERNHEIM: You're telling this jury things you remember from over 25 years ago; correct?
DAVID JAMES MULLIGAN: That's correct.
MS. STERNHEIM: You remember individuals' names?
MS. STERNHEIM: And you've retained that over 25 years?
MS. STERNHEIM: And you've talked with Ms. Farmer about this?
DAVID JAMES MULLIGAN: Over time, yes.
MS. STERNHEIM: And you've also seen things in the media about it?
DAVID JAMES MULLIGAN: Some things, yes.
MS. STERNHEIM: Well, you must have been curious if there were things in the media about your close friend, Ms. Farmer; correct?
DAVID JAMES MULLIGAN: Yes, but I'm not much of a news watcher, so --
MS. STERNHEIM: Well, put news aside. There were documentaries involved in this case; correct?
MS. STERNHEIM: And you're aware of those documentaries; correct?
MS. STERNHEIM: And Annie told you she was in certain documentaries, didn't she?
MS. STERNHEIM: And she told you that she was on certain podcasts, didn't she?
DAVID JAMES MULLIGAN: I don't recall telling me that she was on any podcasts.
MS. STERNHEIM: Well, she told you that she was in the media; correct?
MS. STERNHEIM: She told you she had been interviewed by the media; correct?
DAVID JAMES MULLIGAN: Correct.
MS. STERNHEIM: She told you she had been in touch with other people who claimed to have been abused by Jeffrey Epstein?
MS. POMERANTZ: Objection.
JUDGE NATHAN: Overruled.
MS. POMERANTZ: Hearsay, your Honor. Just to state the --
JUDGE NATHAN: Overruled.
DAVID JAMES MULLIGAN: Can you repeat the question, please.
MS. STERNHEIM: She told you that she had been in touch with other individuals who claim to have been abused by Jeffrey Epstein?
DAVID JAMES MULLIGAN: I don't recall Annie telling me about any contact with other victims, no.
MS. STERNHEIM: She told you that, at a certain point, she could make a lot of money off of this case?
MS. POMERANTZ: Objection. Hearsay. Your Honor, withdrawn.
JUDGE NATHAN: I'll provide a limiting instruction if you want, but go ahead.
DAVID JAMES MULLIGAN: No, Annie never talked to me about any money that she could receive from this case.
MS. STERNHEIM: You don't know that Annie received one and a half million dollars for what she claimed happened in New Mexico in the movie theater?
DAVID JAMES MULLIGAN: No, I've never been told that.
MS. STERNHEIM: You've never read about that?
DAVID JAMES MULLIGAN: I've never read about that.
MS. STERNHEIM: You don't follow anything about this case?
DAVID JAMES MULLIGAN: I don't follow anything in the news about this case.
MS. STERNHEIM: And when was the last time you spoke to Annie about this case?
DAVID JAMES MULLIGAN: About this case, I would estimate probably about a year ago.
MS. STERNHEIM: And you knew that she was going to be a witness in this case; correct?
DAVID JAMES MULLIGAN: Yes, I did.
MS. STERNHEIM: And you knew when you were contacted by the government that they wanted you to be a witness because Annie was going to be a witness?
DAVID JAMES MULLIGAN: That's correct.
MS. STERNHEIM: And that's why you're here today; correct?
MS. STERNHEIM: May I have a moment?
JUDGE NATHAN: You may.
MS. STERNHEIM: You've spoken to the media about this case, haven't you?
DAVID JAMES MULLIGAN: No, I haven't about this case.
MS. STERNHEIM: You weren't contacted by the New York Times?
DAVID JAMES MULLIGAN: I was asked by the New York Times to corroborate a story, yes.
MS. STERNHEIM: And you spoke to them; correct?
MS. STERNHEIM: So you spoke to the media about this case; correct?
DAVID JAMES MULLIGAN: That's correct.
MS. STERNHEIM: And you recently got married, didn't you?
MS. STERNHEIM: And Annie Farmer was at your wedding; correct?
DAVID JAMES MULLIGAN: That's correct.
MS. STERNHEIM: No further questions.
JUDGE NATHAN: Ms. Pomerantz.
MS. POMERANTZ: Yes, your Honor. Just briefly.
JUDGE NATHAN: Okay.
MS. POMERANTZ: May I inquire your Honor?
JUDGE NATHAN: You may.
REDIRECT EXAMINATION BY MS. POMERANTZ:
MS. POMERANTZ: Mr. Mulligan, defense counsel asked you about your memory of conversations with Annie. Do you recall that?
MS. POMERANTZ: Why does what Annie told you about New Mexico stand out in your memory?
DAVID JAMES MULLIGAN: I would say they were very memorable moments and formative moments in our relationship. They led to very emotional conversations that I remember well to this day.
MS. POMERANTZ: Did anyone tell you what to say here today?
MS. POMERANTZ: What are you here to do today?
DAVID JAMES MULLIGAN: To tell the truth.
MS. POMERANTZ: No further questions.
JUDGE NATHAN: Ms. Sternheim.
MS. STERNHEIM: No. Thank you.
JUDGE NATHAN: Mr. Mulligan. Thank you, you're excused. You may step down.
DAVID JAMES MULLIGAN: Thank you.
(Witness excused)
JUDGE NATHAN: Government may call its next witness.
MS. POMERANTZ: Your Honor, the government calls Janice Swain.
JUDGE NATHAN: Janice Swain may come forward. Good afternoon, Ms. Swain. JANICE SWAIN, called as a witness by the Government, having been duly sworn, testified as follows:
JUDGE NATHAN: Please be seated. If you remove your mask and please state and spell your name for the record.
DAVID JAMES MULLIGAN: Janice Swain, J-a-n-i-c-e S-w-a-i-n.
JUDGE NATHAN: Ms. Swain, I'll ask you to please pull the microphone up to you and you need to speak directly into it. Please keep your voice up. Thank you so much.
DAVID JAMES MULLIGAN: Okay.
JUDGE NATHAN: Go ahead, Ms. Pomerantz, you may inquire.
MS. POMERANTZ: Thank you, your Honor.