William Brown — Rebuttal Testimony
100 linesDIRECT EXAMINATION BY MR. ROHRBACH:
MR. ROHRBACH: Good morning.
WILLIAM BROWN: Good morning.
MR. ROHRBACH: Mr. Brown, where do you work?
WILLIAM BROWN: I work for the New York State Department of Motor Vehicles, Division of Field Investigations.
MR. ROHRBACH: What is your position there?
WILLIAM BROWN: My position is a supervisor/investigator.
MR. ROHRBACH: As part of your job, are you familiar with the process by which people obtain identification cards?
WILLIAM BROWN: Yes, I am.
MR. ROHRBACH: Are you familiar with the Department of Motor Vehicles' business practices around the issuing of identification card?
WILLIAM BROWN: Yes, I am.
MR. ROHRBACH: How does someone get an identification card?
WILLIAM BROWN: A person would have to go to a DMV office, fill out an application, take a picture, then provide original documentation to their identification to the motor vehicle representative.
MR. ROHRBACH: What sort of information do they provide to the Department of Motor Vehicles?
WILLIAM BROWN: They provide name, date of birth, social security number.
MR. ROHRBACH: And what, if anything, does the Department of Motor Vehicles do to verify that information?
WILLIAM BROWN: We verify the original documents' security features.
MR. ROHRBACH: What original documents do you look at?
WILLIAM BROWN: Social security cards, possible U.S. passport, birth certificate.
MR. ROHRBACH: Does that happen at or near the time the information is provided?
WILLIAM BROWN: Yes, it does.
MR. ROHRBACH: You mentioned that a photograph is taken. Who takes that photograph?
WILLIAM BROWN: A motor vehicle representative will take that photograph at the counter.
MR. ROHRBACH: Is making identification cards a regular practice of the Department of Motor Vehicles?
WILLIAM BROWN: Yes, it is.
MR. ROHRBACH: I'd like you to pick up the folder next to you. Would you please look at what's been marked for identification as Government Exhibit 21.
WILLIAM BROWN: Okay.
MR. ROHRBACH: Do you recognize this?
WILLIAM BROWN: Yes, I do.
MR. ROHRBACH: Have you reviewed it before today?
WILLIAM BROWN: Yes, I have.
MR. ROHRBACH: Without saying any names, what is it?
WILLIAM BROWN: It is a database -- New York State DMV compass database.
MR. ROHRBACH: What is the compass database or what records are stored?
WILLIAM BROWN: ID cards, driver's licenses.
MR. ROHRBACH: Is this a fair and accurate report from the compass database?
WILLIAM BROWN: Yes, it is.
MR. ROHRBACH: Is the data stored in the compass database kept in the ordinary course of business?
WILLIAM BROWN: Yes, it is.
MR. ROHRBACH: The government offers Government Exhibit 21 as a sealed exhibit to protect the identities of witnesses testifying under pseudonyms.
MR. PAGLIUCA: Subject to the previous record, your Honor.
JUDGE NATHAN: GX21 is admitted for the reasons I previously indicated under seal to protect the identity of the witnesses.
BY MR. ROHRBACH:
MR. ROHRBACH: Supervisory Investigator Brown, would you please turn to what's been marked for identification in your folder as Government Exhibit 22.
WILLIAM BROWN: Okay.
MR. ROHRBACH: Do you recognize this?
WILLIAM BROWN: Yes, I do.
MR. ROHRBACH: Have you reviewed it before today?
WILLIAM BROWN: Yes, I have.
MR. ROHRBACH: What is it?
WILLIAM BROWN: This is an image capture that was taken of the person who received an ID card.
MR. ROHRBACH: Is it the same person as the person in Government Exhibit 21 that we were just looking at?
WILLIAM BROWN: Yes, it is.
MR. ROHRBACH: How is this record stored at the DMV?
WILLIAM BROWN: This record is stored in a photosystem database.
MR. ROHRBACH: Is it kept in the regular courts of business?
WILLIAM BROWN: Yes, it is.
MR. ROHRBACH: Is that document a fair and accurate copy of the image from the DMV's database?
WILLIAM BROWN: Yes, it is.
MR. ROHRBACH: Your Honor, the government offers Government Exhibit 22 under seal for the pseudonym reason.
MR. PAGLIUCA: Subject to the previous record, your Honor.
JUDGE NATHAN: Okay. For the reasons indicated, I will admit Government Exhibit 22. It's admitted under seal to protect the identity of the testifying witness.
MR. ROHRBACH: Your Honor, with the Court's permission, I would ask the jurors first turn in their binders what's already in evidence under seal as Defense Exhibit LV3A.
JUDGE NATHAN: Without objection, Mr. Pagliuca? Without objection to directing the jurors to turn to LV3A?
MR. PAGLIUCA: That's fine, your Honor.
JUDGE NATHAN: It's in the binder or the folder?
MR. ROHRBACH: Front of the binder.
JUDGE NATHAN: Front of the binder, LV3A.
MR. ROHRBACH: Your Honor, now with the Court's permission, I direct the jurors and the witness to turn to what's in evidence under seal as Government Exhibit 22.
JUDGE NATHAN: Just admitted GX22, so you may turn to that.
MR. ROHRBACH: Supervisory Investigator Brown, what is the date that this photo was taken?
WILLIAM BROWN: This photo was taken on April 28th of 2004.
MR. ROHRBACH: Now, your Honor, I would ask that the witness and the jury turn to Government Exhibit 21.
JUDGE NATHAN: I just admitted GX21, so you may turn to that, members of the jury.
MR. ROHRBACH: Directing your attention to the middle of the page, what is the box titled nondriver ID history?
WILLIAM BROWN: This box states the date that the nondriver ID was issued and the date that it expires.
MR. ROHRBACH: What is the date that this nondriver ID was issued?
WILLIAM BROWN: It was issued on April 28th of 2004.
MR. ROHRBACH: And is that the same date as the date on the photograph we just looked at?
WILLIAM BROWN: Yes, it is.
MR. ROHRBACH: Directing your attention to the top of the page, again, without saying any names, do you see where it says DOB?
WILLIAM BROWN: Yes.
MR. ROHRBACH: What does that stand for?
WILLIAM BROWN: Date of birth.
MR. ROHRBACH: What is the year of this date of birth?
WILLIAM BROWN: The year of this date of birth is 1985.
MR. ROHRBACH: How old was someone born in 1985 in 1996?
WILLIAM BROWN: Someone born in 1985 in 1996 would be 11 years old.
MR. ROHRBACH: No further questions, your Honor.
MR. PAGLIUCA: I have no questions of this witness, your Honor.
JUDGE NATHAN: Thank you, Mr. Brown. You may step down.
WILLIAM BROWN: Thank you.
(Witness excused)
JUDGE NATHAN: Government may call its next witness.
MS. POMERANTZ: The government calls Annie Farmer.
JUDGE NATHAN: Annie Farmer may come forward. Good morning, Ms. Farmer. ANNIE FARMER, called as a witness by the Government, having been duly sworn, testified as follows:
JUDGE NATHAN: You may be seated. You can remove your mask and please state and spell your name for the record.
WILLIAM BROWN: My name is Annie Farmer, A-n-n-i-e F-a-r-m-e-r.
JUDGE NATHAN: Members of the jury, I have a limiting instruction. I anticipate that you'll hear testimony from the next witness about physical contact that she says she had with Mr. Epstein and Ms. Maxwell in New Mexico. I instruct you that the alleged physical contact she says occurred with Mr. Epstein and Ms. Maxwell in New Mexico was not, quote, illegal sexual activity, end quote, as the government has charged in the indictment. I'll give you more instructions on the legal term, quote, illegal sexual activity, end quote, at the end of the case. However, to the extent you conclude that her testimony is relevant to the issues before you, you may consider it, but you may not consider this testimony as any kind of reflection on Mr. Epstein's nor Ms. Maxwell's character or propensity to commit any of the crimes charged in the document. Ms. Pomerantz, you may inquire.
MS. POMERANTZ: Thank you, your Honor.