Skip to content
Federal Criminal TrialtranscripttranscriptAmanda Young — Direct/Cross/Redirect - Day 12 - Federal Criminal TrialAmanda Young testified that FBI 302s summarized interview notes rather than providing verbatim transcripts, as defense counsel examined prior reported recollections from Jane interviews.
Maurene ComeyChristian R. EverdellLaura A. MenningerJeffrey S. PagliucaAlison J. NathanAmanda YoungMs. MenningerAmanda YoungMs. ComeyJudge NathanMr. EverdellMr. Pagliucadirectcrossredirect
Federal Criminal Trial/Day 12/December 17, 2021
5 pages·4 witnesses·1,846 lines
Amanda Young testified that FBI 302s summarized interview notes rather than providing verbatim transcripts, as defense counsel examined prior reported recollections from Jane interviews.
Proceedings
DirectAmanda Young — DirectLine 7
CrossAmanda Young — CrossLine 1
RedirectAmanda Young — RedirectLine 5

DIRECT EXAMINATION BY MS. MENNINGER:

MS. MENNINGER: Good morning, Ms. Young.

AMANDA YOUNG: Good morning.

MS. MENNINGER: You are the case agent assigned to this criminal case; correct?

AMANDA YOUNG: Yes, I'm one of the case agents.

MS. MENNINGER: One of the case agents. And when were you assigned to this case?

AMANDA YOUNG: At the end of 2018.

MS. MENNINGER: And you have been present here in the courtroom for the majority of the trial testimony, right?

AMANDA YOUNG: Yes, I have.

MS. MENNINGER: You just heard the testimony of Special Agent Richards; correct?

MS. MENNINGER: And would you agree with the testimony that he gave in regards to the methods of training for taking notes in preparing FBI 302s?

MS. MENNINGER: Anything about what he said that you disagree with?

AMANDA YOUNG: No. We try to take notes as accurately as possible and then put them into a 302 document.

MS. MENNINGER: Okay. And that's what you did in connection with this case as well, correct?

MS. MENNINGER: So in some cases, at least as I understand it, you physically took the notes and then typed up the 302 later; is that right?

AMANDA YOUNG: Yes. Sometimes I took the notes, sometimes my partner took the notes.

MS. MENNINGER: And your partner is Detective Byrnes?

MS. MENNINGER: And when one or the other of you takes the notes, do you check the other's work?

AMANDA YOUNG: We will both review the 302 before it's finalized and sign off on it.

MS. MENNINGER: And so in this case, I think you just heard Ms. Comey's question to Special Agent Young, these are not meant to be transcripts of the interviews, right?

AMANDA YOUNG: No, they are not.

MS. MENNINGER: It's a summary of what the witness said?

MS. MENNINGER: An accurate summary of what the witness said?

AMANDA YOUNG: As accurate as possible, yes.

MS. MENNINGER: And you don't write down the questions that were asked, right?

MS. MENNINGER: You don't have something that looks like a transcript?

AMANDA YOUNG: Correct.

MS. MENNINGER: We don't have the words that were used and the questions that gave rise to the answers that are summarized in the 302, right?

AMANDA YOUNG: Correct.

MS. MENNINGER: And these were not audio recorded?

AMANDA YOUNG: No, they were not.

MS. MENNINGER: Or video recorded?

AMANDA YOUNG: No, they were not.

MS. MENNINGER: With respect to -- if I could just ask quickly, first about witness Annie Farmer, you know who she is, right?

MS. MENNINGER: And you interviewed her on a number of occasions over the last couple of years, right?

MS. MENNINGER: One issue that came up with respect to Ms. Farmer's testimony had to do with the boots. Do you remember the boots?

MS. MENNINGER: Just to be clear, the defense issued a subpoena for those boots sometime earlier this year, right?

MS. COMEY: Objection to foundation. May I confer, your Honor?

(Counsel conferred)

MS. COMEY: Objection withdrawn. We've conferred, your Honor.

MS. MENNINGER: Yes. Let me rephrase that.

BY MS. MENNINGER:

MS. MENNINGER: Are you aware of the time when the boots were obtained from Ms. Farmer?

AMANDA YOUNG: I don't recall the specific date, but I know that it was sometime this year.

MS. MENNINGER: In June of this year, does that make --

AMANDA YOUNG: I don't -- I don't remember the exact month.

MS. MENNINGER: Okay. It was earlier than this fall, is that fair?

AMANDA YOUNG: That's fair.

MS. MENNINGER: So it wasn't in the midst of trial preparation, I guess is the point that I need to make.

AMANDA YOUNG: I don't -- I don't remember the exact time frame.

MS. MENNINGER: Okay. I can pull up the report, I think. Give me one second.

MS. MENNINGER: We'll pull that up in just a minute and come back to it. Thank you though. I just wanted to clarify one thing. Ms. Farmer said that she had reclaimed the boots by wearing them after some time in the mid 2006 period, right? Do you remember that testimony?

AMANDA YOUNG: The testimony she gave in this courtroom?

AMANDA YOUNG: I don't -- I don't remember the exact words she used, but I know she talked about kind of taking back the boots.

MS. MENNINGER: And she used the word "reclaim"?

AMANDA YOUNG: I don't -- I don't remember what word she used.

MS. MENNINGER: When you were interviewing her, when was the first time that she mentioned to you anything about reclaiming the boots or wearing the boots?

AMANDA YOUNG: I think it was in more recent --

MS. MENNINGER: In the trial prep time period?

AMANDA YOUNG: I don't recall specifically, but I think it was in the more recent interview so far.

MS. MENNINGER: Okay. And you didn't write a report about that statement; correct?

AMANDA YOUNG: I don't recall.

MS. MENNINGER: We may need to talk about that. So with respect to interviews of Jane, you had done a number of interviews with the prosecutors and your partner, Detective Byrnes, about -- with Jane; correct?

MS. MENNINGER: And those interviews began in September of 2019 and lasted up until days before trial; correct?

AMANDA YOUNG: That sounds about right.

MS. MENNINGER: And you were there and a number of different U.S. Attorneys were present, and Detective Byrnes was there on various occasions, right?

AMANDA YOUNG: On various occasions. It was different groups, yes.

MS. MENNINGER: Okay. And you prepared handwritten notes of those interviews and then did typewritten notes as well, correct?

AMANDA YOUNG: Either I did or my partner did.

MS. MENNINGER: And then if he did it, you checked his work; correct?

MS. MENNINGER: Okay. Next to you is a set of the 3500 materials, the reports that relate to Jane. Can I ask you to take a look at that folder. And I'm going to direct your attention to certain ones, okay? If I could have you look behind tab 2. And do you recognize those?

MS. MENNINGER: Is that your handwriting?

MS. MENNINGER: What was the date of this note that you took?

AMANDA YOUNG: September 19th, 2019.

MS. MENNINGER: Does that mean the day that you actually wrote it down?

MS. MENNINGER: If I could direct your attention -- this was an interview with Jane that you attended, right?

MS. MENNINGER: And her two attorneys attended as well, correct?

MS. MENNINGER: And if I could direct your attention to a line nine lines down with a dash that begins "GM."

MS. MENNINGER: Can I have you read that line and the next line into the record.

AMANDA YOUNG: "GM walked by with dog. JE came up to meet her."

MS. MENNINGER: Thank you. And then now if I could direct your attention to the tab behind the document behind tab 1. Do you recognize this document?

MS. MENNINGER: And this is the FBI typewritten 302; correct?

AMANDA YOUNG: Yes, that's correct.

MS. MENNINGER: And you're the one that typed this up, right?

MS. MENNINGER: And this is the typewritten report from the handwritten notes on September 19th; correct?

AMANDA YOUNG: Yes, that's correct.

MS. MENNINGER: But the typewritten report was prepared in December of 2019?

AMANDA YOUNG: No, it was actually drafted in October of 2019. The date you're referring to is the date that it was serialized to the case file.

MS. MENNINGER: Okay. So it was drafted -- it was typed up on October 3rd, a couple weeks after the interview?

MS. MENNINGER: And then it was entered into the system in December?

MS. MENNINGER: And we don't have a notice of when anyone reviewed it for accuracy on the document, right?

AMANDA YOUNG: No, the date of entry is when our supervisor signs off on the reports.

MS. MENNINGER: Okay. So if I could have you turn on this document to page 2, and direct your attention to the fourth full paragraph. In the middle of that paragraph is a sentence that begins with the word "in." If I could have you read that sentence.

JUDGE NATHAN: I caution you not to use the last name.

MS. MENNINGER: Yes, your Honor. I apologize. Not to use the witness's last name, but to substitute "Jane" for her name.

MS. COMEY: Sorry, your Honor. I don't see where we're being referred to.

MS. MENNINGER: On page 2 of 001 in the fourth full paragraph, in the middle of the paragraph.

MS. COMEY: Got it. Thank you.

AMANDA YOUNG: I just want to make sure I'm in the right spot. Are you referring to "In the beginning"?

MS. MENNINGER: That's correct. Just that sentence.

AMANDA YOUNG: Okay. "In the beginning, Kate would be with her mother and brothers at Epstein's house."

(Continued on next page)

BY MS. MENNINGER:

MS. MENNINGER: And I think it's Jane, not Kate?

AMANDA YOUNG: I'm sorry. I'm sorry.

MS. MENNINGER: That's fine. If you don't mind reading it again with Jane.

AMANDA YOUNG: In the beginning, Jane would be with her mother and brothers at Epstein's house.

MS. MENNINGER: Now, if I could have you take a look at the tab 3. Do you recognize this report?

MS. MENNINGER: This one actually was authored by your partner, Mr. Byrne or Detective Byrne; right?

MS. MENNINGER: But you checked his work?

AMANDA YOUNG: Yes, I signed off on it.

MS. MENNINGER: And this one relates to an interview that took place in November of 2019; right?

AMANDA YOUNG: Yes, that's correct.

MS. MENNINGER: And if I could direct your attention on this interview with Jane to the fourth full paragraph, the third line, begins Jane, Jane was not. If you could read that sentence with Jane.

AMANDA YOUNG: Jane was not sure if Maxwell ever called her to make appointments.

MS. MENNINGER: Thank you. And now if I could have you turn to tab 5. Are you there?

MS. MENNINGER: Thank you. And this one is an interview that took place in December of 2019; correct?

AMANDA YOUNG: Yes, that's correct.

MS. MENNINGER: And again, this one was written by Detective Byrne, but you signed off on it; is that accurate?

MS. MENNINGER: If I could have you turn to page 3 of that report. If I could ask you in the very first paragraph, substituting Jane's name, to read the first three sentences of that paragraph that begins with fairly, and just be cautious to use the name Jane.

AMANDA YOUNG: Fairly early on, Maxwell joined in and started taking her clothes off. This is about six months into being with them. Kate --

MS. MENNINGER: I'm sorry.

AMANDA YOUNG: I'm sorry. Jane was still 14 at this time.

MS. MENNINGER: And one more sentence.

AMANDA YOUNG: Jane does not have a specific memory of the first time.

MS. MENNINGER: Thank you. And now if I could have you turn to document behind tab 8. Are you there?

MS. MENNINGER: This is from an interview that took place in February of 2020; correct?

AMANDA YOUNG: Yes, that's correct.

MS. MENNINGER: And you authored this typewritten report; correct?

MS. MENNINGER: If I could have you turn to page 5, and the last full paragraph on that page, I'm going to read this, the first couple sentences here and just let me know if I read anything wrong. I'll substitute the name Jane again. Okay?

MS. MENNINGER: When Jane was asked if there were times where it was only Epstein, Maxwell, and her in the room, Jane was not sure. As Epstein progressed incidents sexually with Jane, it would go back and forth between just being solely with Jane and going back to the group setting. Did I read that right?

MS. MENNINGER: And now I want to turn to page 7 of that same document. Are you there?

MS. MENNINGER: And the last full paragraph, I'm going to just read one sentence that begins on the fourth line of that paragraph. This relates to the New Mexico trip. She, Jane, did not recall specific abuse that may have occurred. Do you see that?

MS. MENNINGER: And then just a few lines later, there is a separate notation and it carries onto the next page. I'm going to read that. Jane was asked if she recalled any specific abuse that occurred in New Mexico and she stated that she was not sure. Did I read that accurately?

MS. MENNINGER: And then on that same page, 8, in the fourth full paragraph, the second sentence reads: Her first trip to New York was to just go and have fun. Did I read that correctly?

MS. MENNINGER: And I think there is one more on page 12 of this document. If I could direct your attention to the fourth full paragraph, the last three sentences of that paragraph. Are you there?

AMANDA YOUNG: I'm not sure which paragraph.

MS. MENNINGER: The fourth full paragraph. So it's the second from the bottom.

AMANDA YOUNG: Thank you.

MS. MENNINGER: And then the last three lines of that paragraph. From when Jane met Epstein to when she moved to New York, she lived in the same house in Florida. This house was in a gated community called Bear Lakes. It was a three-bedroom house. Did I read that correctly?

MS. MENNINGER: And if I could just briefly go back to the Annie Farmer issue. If I could pull up on the screen for the witness and the Court 3514-26.

MS. MENNINGER: Do you have that in front of you?

MS. MENNINGER: Does that refresh your recollection about the date that the boots were seized?

AMANDA YOUNG: This is a 302 of an interview with Annie.

MS. MENNINGER: Your Honor, we're going to stipulate to the date of the seizure because I think that makes the most efficient sense for use of the witness's time. I can read it into the record later.

JUDGE NATHAN: Ms. Comey.

MS. COMEY: So stipulated, your Honor. We'll check the date, confirm the date of seizure, and then stipulate to that date orally.

MS. MENNINGER: One more question for the witness, though.

BY MS. MENNINGER:

MS. MENNINGER: The discussion about Ms. Farmer wearing the boots happened during a recent trial prep session; correct?

AMANDA YOUNG: I believe so.

MS. MENNINGER: And it was after the boots were seized; correct?

AMANDA YOUNG: I believe so.

MS. MENNINGER: Thank you, your Honor. No further questions.

JUDGE NATHAN: Thank you. Ms. Comey.

MS. COMEY: Thank you, your Honor. May I inquire?

CROSS-EXAMINATION BY MS. COMEY:

MS. COMEY: Good morning, Agent Young.

AMANDA YOUNG: Good morning.

MS. COMEY: Will you please tell the jury what you did before becoming an FBI agent?

AMANDA YOUNG: I was a child adolescent forensic interviewer.

MS. COMEY: What is a child adolescent forensic interviewer?

AMANDA YOUNG: I was trained in a research-based protocol to conduct interviews of children to gather information when there are allegations of child abuse.

MS. MENNINGER: Objection, your Honor. 702.

MS. COMEY: I have no intention of eliciting --

MS. MENNINGER: -- and no disclosure and --

JUDGE NATHAN: I understand, Ms. Menninger. Let me hear from you at the side, please.

(Continued on next page)

(At the sidebar)

JUDGE NATHAN: Where is this going?

MS. COMEY: Your Honor, I believe Agent Young will testify about her experience conducting interviews and her experience and training both before being at the FBI and as an FBI agent in practices of conducting non-suggestive interviews. This is relevant both because the defense asked a number of questions about how they conduct interviews, so it's within the scope of the direct. And also, the defense elicited expert testimony from Dr. Loftus about how suggestive questioning and leading questioning can lead to implanted memories. And the premise, the basis for admitting that opinion in a letter that was submitted to your Honor just this week was that there was going to be a suggestion by the defense that the agents who conducted interviews here conducted them in a leading fashion. So this is responsive directly to the premise of that expert testimony.

MS. MENNINGER: We were just precluded from asking any questions about investigative techniques.

JUDGE NATHAN: I mean, you want to open the door on how interviews were conducted of these witnesses, that opens the door. I think it's beyond the scope.

MS. MENNINGER: It is beyond the scope, your Honor.

MS. COMEY: I apologize, your Honor. I don't understand what your Honor means by open the door.

JUDGE NATHAN: If you want to go into the thoroughness and carefulness and non-suggestiveness with which this witness interviewed the alleged victims, your ballgame, but I actually will sustain the beyond-the-scope objection.

(Continued on next page)

(In open court)

MS. MENNINGER: Your Honor, can we strike the answer?

JUDGE NATHAN: Jury will disregard the answer regarding the agent's training in conducting interviews with children to gather information.

MS. COMEY: I'll move on, your Honor.

JUDGE NATHAN: Thank you.

BY MS. COMEY:

MS. COMEY: Agent Young, did you participate in all of Jane's interviews with law enforcement?

AMANDA YOUNG: Yes, I did.

MS. COMEY: During those interviews, was Jane able to talk about everything that happened with Maxwell and Epstein in a single meeting or did she disclose more over time?

AMANDA YOUNG: No, she wasn't able to talk about everything in one meeting. It was a process and she disclosed at different points.

MS. COMEY: Did you ever have to stop interviews with Jane when discussing abuse involving Epstein and Maxwell?

MS. MENNINGER: Objection, your Honor. Beyond the scope.

JUDGE NATHAN: Sustained.

MS. COMEY: Were you able to cover everything that Jane remembered about Jeffrey Epstein and Ghislaine Maxwell in a single interview?

MS. MENNINGER: Objection. Beyond the scope, your Honor.

JUDGE NATHAN: Sustained.

MS. COMEY: Who was present in the room for interviews with Jane?

AMANDA YOUNG: Her attorneys and Assistant United States Attorneys, myself, my partner. In the initial interviews, it was a larger group. Later, in later interviews, we condensed it down to myself and another AUSA.

MS. COMEY: And in your more recent interviews with Jane, who was in the room?

MS. MENNINGER: Objection, your Honor. Beyond the scope. I didn't ask about recent ones.

JUDGE NATHAN: Sustained.

MS. COMEY: I think you already addressed this a little bit on direct, but just to be clear, are the reports that were read into the record just now verbatim?

MS. COMEY: Are they transcripts?

MS. COMEY: What are they?

AMANDA YOUNG: They're a summary of the interview with Jane.

MS. COMEY: Did you ever ask Jane to review your reports to confirm they were accurate?

MS. COMEY: To your knowledge, was Jane ever shown those reports before she testified in court during this trial?

AMANDA YOUNG: No, she was not.

MS. COMEY: Your Honor, may I have a moment?

MS. COMEY: Your Honor, may I confer with defense counsel?

MS. COMEY: Your Honor, I think we need to approach.

(Continued on next page)

(At the sidebar)

MS. COMEY: Your Honor, I'm transitioning entirely away from where we were at the prior sidebar. I was about to switch to eliciting some prior consistent statements of Jane's. I do believe the door has been opened for that, but I understand defense counsel would object as beyond the scope. But for efficiency purposes, I was going to ask her now while she's on the stand about these prior consistent statements.

MS. MENNINGER: I mean, your Honor, opening the door to prior consistent statements in this manner will then, on recross, I think open the door to any number of other prior inconsistent statements that your Honor just ruled out, and we had to go through an entire process to get in the very few prior inconsistent statements we did. The government hasn't even told us now which prior consistent statement that they're offering.

JUDGE NATHAN: Rebuttal if it's beyond the scope. So sustained with the opportunity to confer if they want to recall the witness for rebuttal.

(Continued on next page)

(In open court)

MS. COMEY: No further questions, your Honor.

MS. MENNINGER: Briefly, your Honor.

JUDGE NATHAN: Thank you.

REDIRECT EXAMINATION BY MS. MENNINGER:

MS. MENNINGER: You used these interviews of Jane in the grand jury; correct?

AMANDA YOUNG: Not all of them. The interviews prior to the grand jury.

MS. MENNINGER: Selective ones; right?

AMANDA YOUNG: I'm not sure what you're --

MS. MENNINGER: You chose which of these statements of Jane to present to the grand jury; correct?

MS. COMEY: Objection, your Honor.

JUDGE NATHAN: Sustained.

MS. MENNINGER: You were just asked on cross examination whether Jane had an opportunity to review these notes before she testified; correct?

MS. MENNINGER: You could have shown her the notes before she testified; right?

AMANDA YOUNG: That's not our practice. We don't -- we don't show witnesses notes taken by law enforcement.

MS. MENNINGER: You couldn't have done it?

AMANDA YOUNG: It's not ethical.

MS. MENNINGER: You chose not to review her prior reports with her; correct?

AMANDA YOUNG: Again, we don't -- we don't do that. Her memory is her memory and we take the best notes we can, but we don't compare our notes with her. That's not appropriate.

MS. MENNINGER: You chose not to record the interviews?

AMANDA YOUNG: No, we don't record.

MS. MENNINGER: The FBI protocol provides for you to record interviews; correct?

AMANDA YOUNG: No, it doesn't.

MS. MENNINGER: The FBI protocol provides for custodial situations to be recorded; correct?

AMANDA YOUNG: Yes, that's correct.

MS. MENNINGER: And makes it optional for other situations; correct?

AMANDA YOUNG: We don't -- we don't record witness interviews.

MS. MENNINGER: I'm asking you about FBI protocol.

AMANDA YOUNG: Yes, we record individuals who are in custody, but we don't record victim witness interviews unless they're a minor.

MS. MENNINGER: It's not an option?

AMANDA YOUNG: It's not something we do. It's not our practice.

MS. MENNINGER: Is it an option under the FBI protocols or not?

MS. COMEY: Objection, your Honor.

JUDGE NATHAN: Sustained.

MS. MENNINGER: Are you familiar with the Department of Justice obtaining evidence protocols?

MS. COMEY: Your Honor, I'm going to object. It's beyond the scope.

JUDGE NATHAN: Overruled. I just want you to use words to be specific about what you're referring to.

MS. MENNINGER: I have a document that we have marked for identification as AY-1. I can show it to the government.

MS. MENNINGER: Are you familiar with the Department of Justice protocols on electronic recording of statements?

MS. COMEY: Your Honor, I'm going to object. Beyond the scope. And I'd want to be heard if there is going to be further questions.

(Continued on next page)

(At the sidebar)

MS. COMEY: Your Honor, this is not an FBI protocol. I think all of the predicate questions leading up to this document was about FBI protocols. This is a Department of Justice protocol that references the United States Marshal Service. So I would object to further questioning or reading from this.

MS. MENNINGER: It talks about the policy applicable to FBI agents in the very first sentence.

MR. EVERDELL: Your Honor, this is from the Justice --

JUDGE NATHAN: Just a second.

MR. EVERDELL: I'm sorry, your Honor.

MS. COMEY: Your Honor, I would also note that I believe I have walked away from opening the door on interrogating the methods used to conduct --

JUDGE NATHAN: You asked if it was recorded. I mean --

MS. COMEY: That is true, your Honor.

JUDGE NATHAN: I think it's the only reason it is within the scope.

MS. COMEY: Your Honor, I did not ask if it was recorded. I believe Ms. Menninger asked if it was. I asked if it was a transcript.

JUDGE NATHAN: Let me check. The question on cross was, are they transcripts, are they verbatim. Not about recording.

MS. MENNINGER: Right. But the recording would give us a transcript.

MS. COMEY: Not necessarily, your Honor. We're not being recorded right now and we're getting a transcript.

JUDGE NATHAN: I'm going to sustain. Beyond the scope.

(Continued on next page)

(In open court)

MS. MENNINGER: Are you aware of any witnesses in this case who were recorded during their interviews?

MS. COMEY: Objection, your Honor.

JUDGE NATHAN: Sustained.

MS. MENNINGER: No further questions, thank you.

MS. COMEY: Nothing, your Honor.

JUDGE NATHAN: Agent Young, you may step down. You are excused. Thank you.

(Witness excused) Mr. Pagliuca, defense may call its next witness.

MR. PAGLIUCA: Thank you, your Honor. Our next witness is Dr. Eva Dubin.

JUDGE NATHAN: Eva Dubin may come forward. EVA ADNERSSON DUBIN, called as a witness by the Defendant, having been duly sworn, testified as follows: Please be seated. Once you're seated, please remove your mask. And if you could speak directly into the microphone and state and spell your name for the record, please.

AMANDA YOUNG: My name is Eva Andersson. I also go by Eva Andersson Dubin.

JUDGE NATHAN: Could you spell your name, please.

AMANDA YOUNG: E-v-a A-n-d-e-r-s-s-o-n.

JUDGE NATHAN: And Dubin is spelled D-u-b-i-n?

JUDGE NATHAN: You may inquire, Mr. Pagliuca.

MR. PAGLIUCA: Thank you, your Honor.

Continue to next pageEva Andersson Dubin — Direct/Cross