Michael Dawson — Direct/Cross
252 linesDIRECT EXAMINATION BY MS. COMEY:
MS. COMEY: Good afternoon, Sergeant Dawson.
MICHAEL DAWSON: Good afternoon.
MS. COMEY: Where do you currently work?
MICHAEL DAWSON: Town of Palm Beach Police Department.
MS. COMEY: What is your title?
MICHAEL DAWSON: I'm a sergeant.
MS. COMEY: Would you please briefly walk us through your law enforcement career.
MICHAEL DAWSON: I started in law enforcement working for the State of Florida, Probation Pool Department in Miami for approximately four and a half years. In the year 2000, I was hired by the Town of Palm Beach Police Department and I've been there for a little over 21 years now.
MS. COMEY: In 2005, what was your title at the Palm Beach Police Department?
MICHAEL DAWSON: I was a detective.
MS. COMEY: Generally, what were your duties and responsibilities?
MICHAEL DAWSON: We investigated all crimes that came across our desk, anywhere from general investigating unit, anywhere from homicide, all the way down to petty theft.
MS. COMEY: I'd like to direct your attention to October 20th, 2005. What, if any, search did you participate in that day?
MICHAEL DAWSON: I participated to the search of Jeffrey Epstein's house at 358 El Brillo Way, Palm Beach, Florida.
MS. COMEY: What authority did you have to search that residence on that day?
MICHAEL DAWSON: Detective Recarey obtained a search warrant from the courts.
MS. COMEY: What was your role in the search that day?
MICHAEL DAWSON: I was assigned to assist in searching the house, the guest quarters, and the cabana.
MS. COMEY: Who else do you remember participating in the search that day?
MICHAEL DAWSON: The majority of the criminal investigation unit, which was Sergeant George Frick (ph.), Detective Joseph Recarey, Detective Allen Dix (ph.), Detective Jennifer Sandman (ph.), Detective Tom Mellenchuck (ph.), I believe Officer Michael Bates was also present.
MS. COMEY: To your understanding, what types of evidence was your team looking for during the search?
MICHAEL DAWSON: We were looking for massage tables, massage oils, we were looking for sex toys, we were looking for correspondence and anything that held correspondence — computers, phones, notebooks, phone message books, journals, calendars.
MS. COMEY: What do you remember happening when you first arrived at Jeffrey Epstein's Palm Beach residence that day?
MICHAEL DAWSON: I remember them knocking on the door, asking everybody to come out of the house, at which time, three gentlemen came out of the house. I stood guard with the gentleman, had Detective Recarey read the search warrant to one of the gentlemen there.
MS. COMEY: Do you know who those people were?
MICHAEL DAWSON: I know one of them was the house manager who lived on the property and the other two, I believe, were some type of designers for Mr. Epstein.
MS. COMEY: After clearing the house and reading the search warrant, what did your team do next?
MICHAEL DAWSON: We began the search of the interior of the house.
MS. COMEY: What, if anything, stands out in your memory from your observation of Jeffrey Epstein's Palm Beach house that day?
MICHAEL DAWSON: I do recall being surprised that the computer -- there was a desktop computer that didn't have the computer towers hooked up to them, it was only the monitor and the keyboard. Also, there was numerous amount of photos throughout the house, the cabana, and we found some in the closets, too, of nude females.
MS. COMEY: You mentioned the computers. Can you describe for us in a little more detail what you noticed about the computers inside Jeffrey Epstein's house on October 20th, 2005?
MICHAEL DAWSON: Yes. The monitor and keyboard were normally where you would see a monitor and a keyboard, and the wires came out the back and went down underneath the desk and the hard drive was not there.
MS. COMEY: What, if any, specific evidence do you remember seizing during the search?
MICHAEL DAWSON: Specifically, I remember seizing a phonebook next -- a message phonebook next to the phone in the kitchen. Also, massage tables we found in one of the closets, two massage tables. There was also a photograph of a nude female in that closest. Upstairs, I seized -- it was a sex toy called the Twin Torpedos in one of the closets or one of the bedrooms upstairs.
MS. COMEY: I'd like to show you now what's been marked for identification as Government Exhibit 294, please. Ms. Drescher if we could pull that up for the witness, the Court, and the parties. Do you recognize that, Sergeant Dawson?
MICHAEL DAWSON: Yes, I do.
MS. COMEY: What is it?
MICHAEL DAWSON: Those are the sex toys called the Twin Torpedos I located in one of the closets.
MS. COMEY: Is this a fair and accurate depiction of an item that you located at Jeffrey Epstein's Palm Beach residence on October 20, 2005?
MICHAEL DAWSON: Yes, it is.
MS. COMEY: Your Honor, the government offers this in evidence.
MR. EVERDELL: No objection.
JUDGE NATHAN: GX294 is admitted.
(Government's Exhibit 294 received in evidence)
MS. COMEY: May we publish?
JUDGE NATHAN: You may.
MS. COMEY: Thank you, your Honor. Ms. Drescher, if you would please publish this to the jury. We can take that down. Thank you, Ms. Drescher. Ms. Drescher, would you please pull up for the witness the following exhibits in order: First 240, then 256, then 257, then 260, then 262, and then 263.
BY MS. COMEY:
MS. COMEY: Sergeant Dawson, do you recognize these?
MICHAEL DAWSON: Yes.
MS. COMEY: What are they?
MICHAEL DAWSON: Those are items we found during the search of the search warrant.
MS. COMEY: When you say we, who located these items during the search?
MICHAEL DAWSON: I located one, Detective Dix located a couple of the message books, and the rest of the team, I assume, found some of the others.
MR. EVERDELL: Objection.
JUDGE NATHAN: Sustained.
MS. COMEY: Did you personally seize one of these message books?
MICHAEL DAWSON: Yes, I did.
MS. COMEY: Did you witness Detective Dix seize some of these message books?
MICHAEL DAWSON: Yes, I did.
MS. COMEY: And the rest of them, did you see them in the house while you were conducting the search?
MICHAEL DAWSON: Yes, I did.
MS. COMEY: Your Honor, the government offers these in evidence.
MR. EVERDELL: Your Honor, voir dire.
JUDGE NATHAN: You may. For the photographs?
MS. COMEY: Just the photographs.
MR. EVERDELL: I'm sorry, no. No objection to the photographs, your Honor.
JUDGE NATHAN: GX240, 256, 257, 260, and 262 are admitted. Did I get that right?
MS. COMEY: 240, 256, 257, 260, 262, and 263.
JUDGE NATHAN: And 263 are admitted. Thank you. (Government's Exhibits 240, 256, 257, 260, 262, 263 received in evidence)
MS. COMEY: Ms. Drescher, would you please publish those and cycle through them. You can go to the next one, please. Thank you, Ms. Drescher. We can take that down.
MS. COMEY: Sergeant Dawson, what did you do with all of the items of evidence that you seized during this search?
MICHAEL DAWSON: I notified the crime scene unit, at which time they took photographs of the items and then placed them in evidence.
MS. COMEY: Who was the head of the crime scene unit at that search?
MICHAEL DAWSON: Greg Parkinson.
MS. COMEY: May I have a moment, your Honor?
JUDGE NATHAN: You may.
MS. COMEY: Your Honor, I'd ask to approach the witness with what's been marked for identification as Government Exhibits 1, 3, and 4, and I'll show them to defense counsel first.
JUDGE NATHAN: Okay.
MS. COMEY: May I approach, your Honor?
JUDGE NATHAN: You may.
BY MS. COMEY:
MS. COMEY: Sergeant Dawson, I've just handed you what's been marked for identification as Government Exhibits 1, 3, and 4. Do those look familiar to you?
MICHAEL DAWSON: Yes.
MS. COMEY: What do they look like?
MICHAEL DAWSON: They look like the message books we found during the search warrant.
MS. COMEY: Are you able to confirm that these are the same message --
JUDGE NATHAN: I'm sorry, Sergeant Dawson. Could you remove your mask and could you pull up a little closer to the mic, please. Thank you.
MS. COMEY: Are you able to confirm that these are the same message pads that you seized that day?
MICHAEL DAWSON: They appear to be. I can't confirm 100 percent. I haven't been in contact with them.
MS. COMEY: Is that because you are not familiar with the unique characteristics of these exhibits?
MICHAEL DAWSON: Correct.
MS. COMEY: Your Honor, may I have a moment?
JUDGE NATHAN: You may.
MS. COMEY: No further questions.
JUDGE NATHAN: Okay. Cross, Mr. Everdell?
MR. EVERDELL: Yes. Thank you, your Honor.
CROSS-EXAMINATION BY MR. EVERDELL:
MR. EVERDELL: Good afternoon, Sergeant Dawson.
MICHAEL DAWSON: Good afternoon, sir.
MR. EVERDELL: You testified just now that you participated in the execution of the search warrant at Jeffrey Epstein's house in Palm Beach on October 20th, 2005; right?
MICHAEL DAWSON: Yes.
MR. EVERDELL: And you were asked some questions on direct examination about that?
MICHAEL DAWSON: Yes.
MR. EVERDELL: I'm going to ask you some questions about the search, but before I do that, I want to ask you about an earlier investigation that involved Epstein's residence. Okay?
MICHAEL DAWSON: Yes.
MR. EVERDELL: Before that search warrant, the search warrant that you discussed on direct took place, you were involved in the investigation of a burglary that took place at Mr. Epstein's residence; isn't that right?
MS. COMEY: Objection, your Honor. Beyond the scope.
MR. EVERDELL: Your Honor, I'm going to prove up an inconsistent statement of a prior witness through this witness.
JUDGE NATHAN: You can confer and tell me if you need a sidebar.
MR. EVERDELL: Understood, your Honor.
(Pause) Your Honor, I think we do need a brief sidebar on this issue.
(Continued on next page)
(At the sidebar)
MR. EVERDELL: Your Honor, Sergeant Dawson was the police officer who took Juan Alessi's confession after the burglary. He came into the precinct, Sergeant Dawson Mirandized him and took his statement. Juan Alessi denied making some of the statements that we think are clearly reflected in Sergeant Dawson's report. Among other things, he denied going in twice to steal the money. It's as clearly in the reports that he went in twice and stole money on two occasions. The first occasion he was going to try to steal the gun, he didn't find the gun, said he took money. He went back several weeks later and stole more. I think we're entitled to impeach or to point out and elicit the prior inconsistent statement of Juan Alessi through this witness.
MR. ROHRBACH: This is an entirely collateral matter, your Honor. Whether Mr. Alessi went once or twice to steal $6,300 only goes to his character for truthfulness or at beast, also possibly impeachment by contradiction. But in either sense, it's totally collateral to any of the central issues of this trial. They would not be able to independently prove up any of these facts but for Mr. Alessi having testified.
MR. EVERDELL: It was a Mirandized statement, your Honor. Mr. Alessi put his credibility directly at issue about these very statements when he said, I am going to tell the truth --
JUDGE NATHAN: It's already at issue. So you didn't object to it being collateral before. You can choose to do it now or call him back. So I'll allow it.
(Continued on next page)
(In open court)
BY MR. EVERDELL:
MR. EVERDELL: So, Sergeant Dawson, where we left off, I had asked you if you participated in the investigation of a burglary that took place at Jeffrey Epstein's residence. Did you?
MICHAEL DAWSON: I don't recall.
MR. EVERDELL: Well, I could just show you, there is a --
MR. EVERDELL: I'm sorry. I think I need to give him the binder, your Honor. There is a witness binder for him which I need to deliver.
JUDGE NATHAN: Doesn't he have it?
MR. EVERDELL: Do you have the binder in front of you? You do. Very good. I think that may be the government's binder.
MICHAEL DAWSON: It has my name on it, witness copy.
MR. EVERDELL: I think you have the right one. If I could show you -- if you go behind tab 1, and there is a document there marked 3512-001. The marking is at the bottom right hand of the page, 3512-001. Do you see that document? I think you may be referring to the wrong binder.
JUDGE NATHAN: It is the wrong binder. I have the one marked Dawson, Judge binder. I can give that to him.
MR. EVERDELL: That's fine, your Honor. Thank you very much. Thank you, your Honor.
BY MR. EVERDELL:
MR. EVERDELL: Sergeant Dawson, if you could turn to the document that's behind tab 1 in that folder.
MICHAEL DAWSON: Yes.
MR. EVERDELL: Why don't you take a moment to review it, and in particular, the second page of that document, the end of the first paragraph and the full second paragraph. Take a minute to read it all.
MICHAEL DAWSON: I read the first two paragraphs of the back page.
MR. EVERDELL: Does that refresh your recollection about being involved in a burglary investigation --
MICHAEL DAWSON: Yes.
MR. EVERDELL: It does?
MICHAEL DAWSON: Yes.
MR. EVERDELL: So it is true, then, that you were involved in a burglary investigation at Mr. Epstein's Palm Beach residence at 358 El Brillo Way in Palm Beach in October 2003; is that right?
MICHAEL DAWSON: Yes.
MR. EVERDELL: And that was roughly two years before the search warrant that you discussed on your direct testimony; right?
MICHAEL DAWSON: Yes.
MR. EVERDELL: And, in fact, you interviewed the perpetrator in the burglary case; isn't that right?
MICHAEL DAWSON: Yes.
MR. EVERDELL: And his name was Juan Alessi; is that right?
MICHAEL DAWSON: Yes.
MR. EVERDELL: And on October 15th of 2003, you and a fellow detective went to Juan Alessi's house and tried to talk to him; isn't that right? I think if you refer to the same document on the first page, you can refresh your recollection if you don't recall. See if it refreshes your recollection.
MICHAEL DAWSON: We did attempt to locate him. Is that what you're going to ask?
MR. EVERDELL: Do you remember attempting to locate him before you spoke to him?
MICHAEL DAWSON: Yes.
MR. EVERDELL: But you didn't find him at the address you had for him; right?
MICHAEL DAWSON: Correct.
MR. EVERDELL: You did find his wife there; is that right?
MICHAEL DAWSON: Yes.
MR. EVERDELL: And her name was Maria Alessi; is that right?
MICHAEL DAWSON: Yes.
MR. EVERDELL: And she gave you her husband's cellphone number to call him; right?
MICHAEL DAWSON: Yes.
MR. EVERDELL: And you called Juan Alessi; isn't that right? He didn't call you?
MICHAEL DAWSON: Yes.
MR. EVERDELL: And he didn't just show up at the police station, he came down there because you called him; right?
MICHAEL DAWSON: Yes.
MR. EVERDELL: And he didn't voluntarily come on his own; is that right?
MICHAEL DAWSON: Yes.
MR. EVERDELL: And he came to the station and he agreed to be interviewed; isn't that right?
MICHAEL DAWSON: Yes.
MR. EVERDELL: And he came to the police station a little bit later that day, I believe; is that right?
MICHAEL DAWSON: Yes.
MR. EVERDELL: And you put him in an interview room?
MICHAEL DAWSON: Yes.
MR. EVERDELL: And you read him his Miranda rights?
MICHAEL DAWSON: Yes.
MR. EVERDELL: And he acknowledged that he understood those rights, didn't he?
MICHAEL DAWSON: Yes.
MR. EVERDELL: Including his right to remain silent?
MICHAEL DAWSON: Yes.
MR. EVERDELL: But he voluntarily agreed to waive those rights and talk to you; isn't that right?
MICHAEL DAWSON: Yes.
MR. EVERDELL: Now, isn't it true that in his statement to you on that day, October 15th, 2003, Juan Alessi told you that approximately six weeks before at about 5:00 a.m. or 0500 hours on a Sunday morning, he decided to enter Mr. Epstein's house at 358 El Brillo Way in an attempt to steal his gun?
MICHAEL DAWSON: Yes.
MR. EVERDELL: And isn't it also true that Juan Alessi told you that he entered the house through an unlocked sliding glass door located near Mr. Epstein's office?
MICHAEL DAWSON: Yes.
MR. EVERDELL: And he told you that he entered the office and attempted to locate the gun, didn't he?
MICHAEL DAWSON: Yes.
MR. EVERDELL: And he said that he then went or he couldn't find the gun, so he went to Epstein's briefcase and removed approximately $1,900; is that correct?
MICHAEL DAWSON: Yes.
MR. EVERDELL: And those were in $100 bills he said he removed them from a white envelope; is that correct?
MICHAEL DAWSON: Yes.
MR. EVERDELL: He said after taking the money, he immediately left the house; is that right?
MICHAEL DAWSON: Yes.
MR. EVERDELL: He also told you that a few weeks later on Sunday, October 5th, 2003, again at approximately 5:00 a.m., he decided to return to Mr. Epstein's residence; isn't that right?
MICHAEL DAWSON: Yes.
MR. EVERDELL: And he decided to return to the residence in order to steal money once again from Mr. Epstein, that's what he told you, isn't it?
MICHAEL DAWSON: Yes.
MR. EVERDELL: And he also told you that he opened the briefcase again when he got inside, and this time he removed $5,600 in $100 bills from a white envelope, isn't that what he told you?
MICHAEL DAWSON: Yes.
MR. EVERDELL: Again he told you that he left through the glass door and drove away, he told you that, didn't he?
MICHAEL DAWSON: Yes.
MR. EVERDELL: And finally, Juan Alessi told you that he needed the money in order to pay for his girlfriend's immigration papers, isn't that what he told you?
MICHAEL DAWSON: Yes.
MR. EVERDELL: Thank you. You can put that down now, Sergeant Dawson.
JUDGE NATHAN: We're done for the night.
MR. EVERDELL: This is a good stopping place.
JUDGE NATHAN: Members of the jury -- everybody be seated. I want to take a minute. It's been one week, so this is our first weekend apart. So I really want to just really emphasize, all of my instructions and rules continue to apply and apply in full force for the weekend. So no looking at, reading, or any kind of consumption of any media involved in the case, any kind of communication involving the case or the like, of course. And keep an open mind and all my other instructions. So please bear those in mind. I want to just briefly make a couple points about the schedule to keep you updated. Next week will be just like this week, Monday through Friday, same timing. Please arrive by 9:15 so we can start at 9:30 and we'll stop at 5:00. Your arriving every day on time has really helped us keeping things moving along at a good pace, so I'm grateful for that. The week after next, we're not going to sit Monday, Tuesday, or Wednesday. So we will not sit December 13th, 14th, or 15th. So that week it will be just be December 16th and 17th. I'll remind you of this next week, too. Next week, regular. Week after that, we won't sit. Week after that, which is the week before Christmas, we will sit Monday, Tuesday, Wednesday. So that's December 20th, 21th, and 22nd, but we won't sit December 23rd or 24th. And the week after that, which is the week before New Year's, we'll sit Monday, Tuesday, Wednesday. So that's December 27th, 28th, and 29th. Will not sit December 30th or 31st. So just wanted to keep you up to date on the current schedule. I'm so grateful for your attention and diligence. I wish you a very good weekend, and have a good night.
(Continued on next page)
(Jury not present)
JUDGE NATHAN: Mr. Dawson, you may step down for the weekend. I remind counsel and Mr. Dawson, he's on cross, so only logistical coordination with the government. Thank you, everyone. May be seated.
MS. COMEY: Thank you, your Honor. On that note, we will need to discuss a number of logistics we will need to discuss a number of logistics over the weekend with Sergeant Dawson just for his travel, and I'm just noting that.
JUDGE NATHAN: That's why I said, only logistics.
MS. COMEY: Thank you.
MR. EVERDELL: That's fine, your Honor.
JUDGE NATHAN: Okay. A couple of things: We talked about a briefing schedule on the 900 series for, I think Maguire is the witness. When would you like to put that in?
JUDGE NATHAN: I think it's got to be Saturday, so they can reply on Sunday and I can review it before this witness testifies on Monday.
JUDGE NATHAN: Sure.
MS. MOE: Your Honor, would the end of the day of midnight on Saturday be acceptable to the Court on timing?
JUDGE NATHAN: Let's do 8:00 o'clock on Saturday for the government, 8:00 o'clock on Sunday for the defense, I'll take between 8:00 p.m. and Monday morning to read your papers and resolve it.
JUDGE NATHAN: Okay, Mr. Everdell?
MR. EVERDELL: That's fine for the defense.
JUDGE NATHAN: I received the first round of briefing on the attorney-client privilege issue from the defense. So the government's is due when?
MR. ROHRBACH: Our brief is due on Monday right now, your Honor.
JUDGE NATHAN: On Monday? I wanted to indicate, I know you raised that the witness' attorney might want to weigh in. So if they do, you can convey that they could put in a letter at that same timing.
MR. ROHRBACH: We will. Thank you, your Honor.
JUDGE NATHAN: Okay. Redaction issues: As I indicated, I do want the video reviewed and a public version. I want to encourage also, I think a lot of the photos that came in, a lot of the exhibits that came in, could have redacted versions so that just the images of the witnesses who I'm allowing to testify under pseudonyms and third parties whose privacy interests are an issue could be redacted. I'll let you tell me a timing for that, but we've got to be narrowly tailored, so --
MS. COMEY: Yes, your Honor. For the photographs, we could do that more quickly. The video will require assistance from our IT staff who have left for the weekend.
JUDGE NATHAN: Lucky them.
MS. COMEY: Indeed. So I would ask for by the end of the day on Tuesday for the videos so that they have time. And then for the photographs, we should be able to do that by the end of the weekend, so on Sunday.
JUDGE NATHAN: Okay.
MS. COMEY: Thank you, your Honor.
JUDGE NATHAN: I appreciate that. And you'll confer also; I know some came in that may not need to be redacted. You'll just confer and --
MS. COMEY: Yes, your Honor.
JUDGE NATHAN: -- get as much to the public as you can.
MR. EVERDELL: We will, your Honor.
JUDGE NATHAN: Thank you. Other matters to take up? Let me just check if I'm forgetting anything. I don't think so. Anything?
MR. EVERDELL: Just if the government has a witness list for next week, we'd appreciate it.
JUDGE NATHAN: Yes, if you could do an updated witness list.
MS. COMEY: Yes, your Honor. May we do that by the end of the day on Saturday?
JUDGE NATHAN: Okay.
MS. COMEY: Thank you.
MR. EVERDELL: Thank you, your Honor.
JUDGE NATHAN: To the defense and to the Court?
MS. COMEY: Yes, your Honor.
JUDGE NATHAN: Anything else.
MR. EVERDELL: Not from the defense, your Honor.
MS. COMEY: Not from the government, your Honor.
JUDGE NATHAN: All right. Everyone, have a nice weekend. We are adjourned.
(Adjourned to December 6, 2021 at 8:45 a.m.) * * *