Kelly Maguire — Exhibit Hearing and Direct/Cross
630 lines(Witness excused) We'll take our afternoon break, members of the jury. See you in about 15 minutes.
(Continued on next page)
(Jury not present)
JUDGE NATHAN: Counsel, matters to take up before the break?
MR. EVERDELL: Your Honor, defense has one matter. The next witness I believe is Kelly Maguire, who is going to go and introduce the exhibits, the 900 series exhibits among other things that we've already discussed. There are two photographs in there, and we did discuss these, so I wasn't -- did not get a chance to preview this for the government yet, but there are two photographs, I believe it's 919 and 920, that show the outfits, the schoolgirl outfits. Now, the Court ruled before that those wouldn't be put before the jury unless witness 3, or Kate, was able to link them up. She did talk about wearing a schoolgirl outfit. However, she was not shown those photographs in her direct. So I think we have a similar problem to what we had with Kate -- sorry. With Jane where she described a schoolgirl outfit, but she didn't look at the actual photos that they want to introduce and say those look like the schoolgirl outfits I was wearing on the day I described. So, at this point, because I don't think there is a proper foundation for the same reasons as we had with Jane, I would object to those photos being admitted.
MS. MOE: Thank you, your Honor. Your Honor, as the Court will recall, earlier today a witness identified as Kate testified that the defendant asked her to wear a schoolgirl costume. Several schoolgirl outfits were recovered from Jeffrey Epstein's residence in 2019. Here, the fact that they were schoolgirl outfits is obvious from looking at them. They are relevant because they confirm that Epstein's practice was, in fact, to prefer girls dressed as schoolgirls and to have people wear schoolgirl outfits. So it is directly corroborative of Kate's testimony on that score. They're additionally relevant because they confirm an issue, which defense has put it, in dispute in this case, that Jeffrey Epstein did, in fact, have a sexual preference for schoolgirls. That point has been vigorously disputed at trial. These exhibits confirm that that in fact was the case and corroborates the testimony of Kate that she was in fact asked to wear such an outfit. Similarly to the Court's ruling with respect to Jane's testimony and the descriptions of the massage room, here, it's not necessary for a witness to talk about the particular details of a schoolgirl costume. The point is the same, one witness was asked to wear a schoolgirl outfit and Epstein did possess those schoolgirl outfits and had a preference for people dressed that way and, in fact, forced schoolgirls. That's why these exhibits are relevant, your Honor.
JUDGE NATHAN: The photos are from 2019.
JUDGE NATHAN: I'll look at the testimony during break, but I'm not sure why, again, given the Court's earlier ruling, they wouldn't have been linked up with the witness, but I'll look at the testimony.
MR. EVERDELL: Your Honor, I would just add that the testimony I believe from Kate was that the schoolgirl outfit was in Palm Beach. These were found in New York 15 years later. So there is an issue there, as well.
MS. MOE: Yes, your Honor. I think regardless of location, the issue is whether Jeffrey Epstein had a sexual preference for schoolgirls, and this exhibit speaks --
JUDGE NATHAN: Not in 2019.
JUDGE NATHAN: That's the not question; right?
MS. MOE: Yes, your Honor, but we would respectfully submit if the defense wants to argue that he developed his interest for schoolgirls after the timeframe of the charged conspiracy --
JUDGE NATHAN: They don't have to argue anything until you establish relevance. So that's the primary question. These are photos of the uniforms found in Palm Beach in 2019 and I just don't know, as I sit here, if these photos link up in any way to the specific testimony of Kate. Again, you certainly could have shown and asked are these similar to what you were asked to wear, which is, I admit, what I thought would happen and I don't know why it didn't. That would have seemed to follow from the Court's earlier ruling.
(Continued on next page)
MS. MOE: Yes, your Honor. And I'd be happy to speak to why we've decided not to do that in this case, both for Jane and Kate, since this has come up now twice. I'd be happy to explain why we've approached this this way. Because we tried to be sensitive in the way we've approached our interviews with victims in this case. We've done this for two reasons. One, the defense has put in issue the quality of the victims' memories; and so it is important in terms of corroboration that we have not shown the victims --
JUDGE NATHAN: I get that. That is absolutely a strategic decision and an understandable one. It does not then excuse a lack of foundation as to relevancy. It just doesn't. I certainly understand why you'd make that choice, and I can imagine other reasons you'd make the choice. I don't think -- tell me if I'm wrong -- that in any way helps determine from the Court's perspective whether these 2019 pictures of highly movable objects, which may or may not match up with the specific testimony of the witness, are relevant to a conspiracy that ended 15 years earlier.
MS. MOE: Yes, your Honor. And I think our argument on that is that this is an issue of weight and not relevance. Because the argument before the jury from this evidence is not that these are the schoolgirl outfits or one of the schoolgirl outfits that Kate was asked to wear. The point is that Kate told the jury that she was asked to wear a schoolgirl outfit. And the jury will know that that's true because Epstein did, in fact, possess such outfits; that it was his practice to maintain them, to ask people to wear them; that what she told the jury was true; that that is a very specific type of costume, and that was his practice. It corroborates her testimony. The point is not to identify these as the particular outfits, but to corroborate the fact that that was, in fact, his practice and, thus, that her testimony on that score was credible. That's why we're offering this evidence, your Honor.
MR. EVERDELL: Your Honor, the government is really trying to bootstrap here. This is the one witness who's going to say anything about a schoolgirl outfit. There's no practice. There's one person's experience. And I would think that they are also ignoring the 403 issue. It's not just some sort of weight issue; it goes to prejudice. When an item is found 15 years after the fact, I mean, it doesn't establish a practice certainly. And it's extraordinarily prejudicial to show these items to the jury when they are not even linked up to the witness who actually is the one person who has a story about a schoolgirl outfit.
JUDGE NATHAN: I'm inclined to agree. I'll look at the specific testimony, but I think, as I sit here, 401/403 grounds -- well, first -- yes, 401/403 grounds, I think it's probably out. I don't know whether -- I mean, it's a low bar for relevance, but for the reasons I indicated in my earlier opinion, substantially far distance in time, highly movable objects that don't appear to be specific to what the witness described, may not meet the 401 standard. And if it does meet the 401 standard, I think for the reasons Mr. Everdell indicated, it would likely be outweighed by 403 prejudice. You have the testimony from the witness as to her experience with the uniforms. It's difficult to see on the current record. But, as I said, I'll look at the testimony and I'll let you know.
MR. EVERDELL: And, your Honor, just to be clear, this objection would also apply to the physical outfits themselves.
JUDGE NATHAN: Right. Same point. Yes. Okay.
MR. EVERDELL: Thank you.
JUDGE NATHAN: Anything else?
MR. EVERDELL: No, your Honor.
(Recess)
JUDGE NATHAN: All right. I'm sustaining the objection on 919 and 920 on 401/403 grounds, as well as the actual items. Are there matters to take up?
MR. EVERDELL: Not from the defense, your Honor.
JUDGE NATHAN: Okay. Thank you. We'll bring in the jury. Counsel, was I right, those other 900 exhibits needed redaction of photos of individuals?
JUDGE NATHAN: 911, for example. It looks like there's a photo in the right corner.
MS. MOE: I just wanted to make sure we'd redacted the right thing. I received a note about that issue. We weren't sure whether the issue was the painting over the mantel -- we've redacted that -- or whether there was something else.
JUDGE NATHAN: No. On the right-hand side there's a table with a lamp. There's a lamp marked D and there's a photo of -- I can't quite tell, but I'm sure if somebody looked closely, they could tell of an individual.
MS. MOE: Oh, I see. Sorry, your Honor, I had not noticed that. We will unredact the painting and re-mark it to redact that photograph, if the Court requests.
JUDGE NATHAN: Well, you tell me. Does it need to be redacted to protect privacy interests? I don't know -- for example, I don't know if this is a witness. I don't know.
MS. MOE: Apologies, your Honor. I'm not familiar with the person in this photograph. I can't tell from the photograph. We certainly have no objection to redacting it for privacy interests, if that's the defense's request.
MR. EVERDELL: I think we'd request that, your Honor.
JUDGE NATHAN: Okay. And then on 913, there are some photos on the desk of -- it looks like some children and other individuals.
MR. EVERDELL: Yes.
MS. MOE: Yes, your Honor. We'd be happy to offer 913 under seal, and then prepare a 913-R. Apologies, we already have a 913-R marked.
JUDGE NATHAN: Okay.
MR. EVERDELL: It looks fine, your Honor.
JUDGE NATHAN: Just one second. Okay. You've looked at it. Okay. So you have a redacted version of 913?
JUDGE NATHAN: All right.
(Jury present)
JUDGE NATHAN: All right. Ms. Moe, the government may call its next witness.
JUDGE NATHAN: Kelly Maguire may come forward. KELLY MAGUIRE, called as a witness by the Government, having been duly sworn, testified as follows:
JUDGE NATHAN: Thank you. You may proceed.
DIRECT EXAMINATION BY MS. MOE:
KELLY MAGUIRE: Good afternoon, ma'am.
KELLY MAGUIRE: The Federal Bureau of Investigation.
KELLY MAGUIRE: Special agent.
KELLY MAGUIRE: Little over four years.
KELLY MAGUIRE: Yes.
KELLY MAGUIRE: I'm assigned to C20, which is the child exploitation and human trafficking task force.
MS. MOE: What are your job responsibilities as a special agent in the child exploitation and human trafficking task force?
KELLY MAGUIRE: Generally, I am specifically focused on investigating violations of human trafficking, whether that's sex trafficking, labor trafficking, or domestic servitude.
MS. MOE: Directing your attention to July 6 of 2019, did you assist in an FBI operation on that date?
KELLY MAGUIRE: Yes, I did.
KELLY MAGUIRE: It was the execution of a search warrant at the residence of Jeffrey Epstein.
KELLY MAGUIRE: It was No. 9 East 71st Street here in Manhattan.
KELLY MAGUIRE: It's the Upper East Side.
KELLY MAGUIRE: I was designated as the search team leader.
KELLY MAGUIRE: In a general sense, I oversee the personnel that's on scene. I ensure that various documentation is filled out. And ultimately, I am the person who seizes pieces of evidence.
KELLY MAGUIRE: No, I was not.
KELLY MAGUIRE: Yes, we do.
MS. MOE: And was that the capacity in which you served as the search team leader for the operation at 9 East 71st Street?
KELLY MAGUIRE: Yes, it was.
MS. MOE: Focusing on July 6, 2019, what legal authority did your team have to search 9 East 71st Street in Manhattan that day?
KELLY MAGUIRE: We had a search warrant.
KELLY MAGUIRE: It's a large private residence. I would describe it as a multi-story townhouse.
JUDGE NATHAN: Without objection?
MR. EVERDELL: One moment, your Honor. Without objection.
JUDGE NATHAN: 932, which is in evidence, may be published.
JUDGE NATHAN: Yes.
BY MS. MOE:
KELLY MAGUIRE: This is from the exterior of the residence. If you were standing on East 71st Street facing it, these would be the upper floors of the residence.
KELLY MAGUIRE: There were eight in total, six aboveground and two sublevels.
KELLY MAGUIRE: Approximately 19,000 square feet.
MS. MOE: Your Honor, if we could show just the witness, the Court, and counsel what's marked for identification as Government Exhibit 909.
JUDGE NATHAN: 909, you said?
JUDGE NATHAN: Okay.
KELLY MAGUIRE: Yes, I do.
KELLY MAGUIRE: This is the front door to the residence at 9 East 71st Street.
MS. MOE: Is that a fair and accurate depiction of the exterior of the location on the day of the search?
KELLY MAGUIRE: Yes.
MR. EVERDELL: No objection.
JUDGE NATHAN: GX-909 is admitted. You may publish.
(Government's Exhibit 909 received in evidence)
BY MS. MOE:
KELLY MAGUIRE: This is the front door of the residence.
KELLY MAGUIRE: When we first arrived, we knocked and announced our presence for the execution of the search warrant.
KELLY MAGUIRE: After we did not receive a response from any occupants inside, we then forced entry into the residence.
MS. MOE: After you made entry into the residence, what's the next thing that happened in the search?
KELLY MAGUIRE: My team conducted a protective sweep.
KELLY MAGUIRE: A protective sweep is when the team moves through the residence to ensure that there are no additional threats to law enforcement on scene, particularly from occupants.
KELLY MAGUIRE: No, there was not.
KELLY MAGUIRE: At that point we then label each room in the residence, and then we began photographing the residence as it was. We viewed it before a search took place.
MS. MOE: I think you mentioned just now that you labeled the different rooms. Can you explain for the jury what that means.
KELLY MAGUIRE: So that we know where certain items are being found throughout the residence, we then designate each room by a letter of the alphabet.
MS. MOE: Approximately how many rooms were inside the residence that you encountered during the search?
KELLY MAGUIRE: There were approximately 40.
MS. MOE: After you had labeled the rooms within the residence, how did the search proceed from there?
KELLY MAGUIRE: We started taking photographs of the residence, and then after that the search began.
MS. MOE: Did there come a time when you obtained legal authority to continue searching the house for other items?
KELLY MAGUIRE: Yes, that's correct.
KELLY MAGUIRE: Yes.
MS. MOE: Ms. Drescher, if you could please show just the witness, the Court, and counsel, just cycling through them, what's been marked for identification as Government Exhibits 933, 910, and 911.
KELLY MAGUIRE: Yes, I do.
JUDGE NATHAN: It's really 911-R; correct?
KELLY MAGUIRE: Yes, I do.
KELLY MAGUIRE: These are the first entryway and the main foyer near the main staircase or grand staircase in the residence.
MS. MOE: Are those photographs fair and accurate depictions of the entrance and immediate interior into the residence you searched that day?
KELLY MAGUIRE: Yes, ma'am, it is.
MR. EVERDELL: No objection.
JUDGE NATHAN: All right. Thank you. 933, 910, and 911-R are admitted. (Government's Exhibits 910, 911-R, 933 received in evidence)
JUDGE NATHAN: You may.
KELLY MAGUIRE: This is just after you pass through the large wooden doors at the front of the residence. In front of you is a large set of double doors. To the left and to the right of those doors are individual offices. And if you pass through those double doors, that would lead you to the main foyer of the residence.
JUDGE NATHAN: You may.
KELLY MAGUIRE: This would be the grand staircase of the residence and the main foyer. If you look to the left-hand side of the photograph, that would be the entryway through the double set of doors in Exhibit 933 that you would have passed through.
MS. MOE: I believe a moment ago you described this as the grand staircase. Were there other staircases within the residence?
KELLY MAGUIRE: Yes, ma'am.
KELLY MAGUIRE: There was an additional staircase that was on the second floor that went up to the third or fourth floor. It was blue in color and spiral. There was also a utility stairwell that mimicked a fire escape that went throughout the height of the residence.
MS. MOE: Aside from the staircases that you just described, were there any other ways to get from floor to floor within the residence?
KELLY MAGUIRE: There was also an elevator present in the residence.
MS. MOE: Your Honor, if we could please publish what's now in evidence as Government Exhibit 911-R.
JUDGE NATHAN: You may.
KELLY MAGUIRE: This is just another angle of this main foyer area now in this photograph, the entryway, where the large set of double doors would be visible here, these staircases to the left-hand side of the photograph.
MS. MOE: So we're talking about different staircases within the residence. I'd like to ask you more about that.
MS. MOE: Ms. Drescher, if you could please show for just the witness, the Court, and counsel what's been marked for identification as Government Exhibit 915 -- excuse me, 915-R.
JUDGE NATHAN: 915-R.
KELLY MAGUIRE: Yes, I do.
KELLY MAGUIRE: This is a photograph of the blue in color spiral staircase in the middle of the residence.
KELLY MAGUIRE: Yes, it is.
MR. EVERDELL: No objection.
JUDGE NATHAN: Thank you. GX 915-R is admitted. You may publish.
(Government's Exhibit 915-R received in evidence)
MS. MOE: Just to orient ourselves, could you describe for the jury where the staircase was located within the residence.
KELLY MAGUIRE: This was in the middle of the residence. You would have a wing to either the left side or the right side of the house. So this particular staircase started on the second floor and connected to the third and possibly the fourth floor.
MS. MOE: Did there come a time when you and the search team went to the third floor of the residence?
KELLY MAGUIRE: Yes, we did.
MS. MOE: I want to ask you some questions about the third floor of the residence. Did you come across a room within the residence that you would describe as a massage room?
KELLY MAGUIRE: Yes, I did.
MS. MOE: Ms. Drescher, if you could please show the witness, the Court, and counsel what's been marked for identification as Government Exhibit 902-R. Thank you.
KELLY MAGUIRE: Yes, I do.
KELLY MAGUIRE: This is a photograph of the entryway into the massage room on the third floor.
KELLY MAGUIRE: Yes, it is.
MR. EVERDELL: No objection.
JUDGE NATHAN: GX-902-R is admitted. You may publish.
(Government's Exhibit 902-R received in evidence)
MS. MOE: So now that we're publishing the exhibit, can you just explain for the jury what we're looking at here.
KELLY MAGUIRE: Again, this is the entryway into the massage room. There is a hallway where you would be standing to take this photograph. You just take a few steps into the entryway and then the room opens up to your right.
MS. MOE: Ms. Drescher, if you could take that down and please show the witness, counsel, and the Court what's been marked for identification as Government Exhibit 903-R.
KELLY MAGUIRE: Yes, I do.
KELLY MAGUIRE: This is a photograph inside the massage room for a particular angle in the room.
MS. MOE: Aside from redactions, is this a fair and accurate depiction of the interior of the massage room?
KELLY MAGUIRE: Yes, it is.
MR. EVERDELL: No objection.
JUDGE NATHAN: 903-R is admitted. You may publish.
(Government's Exhibit 903-R received in evidence)
MS. MOE: Focusing on Government Exhibit 903-R and focusing on the foreground of the exhibit, do you see the item with the white sheet?
KELLY MAGUIRE: Yes, I do.
KELLY MAGUIRE: That particular object is a green in color massage table. It was covered with a navy blue blanket; and then on top of that, a white in color sheet. You obviously see a blue in color towel that's also placed on top of the table.
KELLY MAGUIRE: Yes, there were. Those are the large pink curtains that are visible in the photograph.
MS. MOE: Ms. Drescher, if you could please take 903-R down and show just the witness, counsel, and the Court what's been marked for identification as Government Exhibit 904-R.
KELLY MAGUIRE: Yes, I do.
KELLY MAGUIRE: This is just another angle inside the massage room.
MS. MOE: Is this a fair and accurate depiction of a separate angle of the interior of the massage room?
KELLY MAGUIRE: Yes, ma'am, that's correct.
MR. EVERDELL: No objection.
JUDGE NATHAN: 904-R is admitted. You may publish.
(Government's Exhibit 904-R received in evidence)
BY MS. MOE:
MS. MOE: Looking at Government Exhibit 904-R, and in the foreground, is that the same massage table we were just discussing?
KELLY MAGUIRE: Yes, ma'am, it is.
MS. MOE: Directing your attention to the far left doorway we see here in this photograph, where did that doorway lead?
KELLY MAGUIRE: That doorway leads to an adjoining bathroom.
MS. MOE: Ms. Drescher, if you could please take this exhibit down and show just the witness, the Court, and counsel what's been marked for identification as Government Exhibit 917-R.
KELLY MAGUIRE: This again is in this massage room. This is also taken from a different angle, with the focal point being the massage table in the center of the photograph.
MS. MOE: Is this a fair and accurate depiction of a separate angle of the interior of the massage room?
KELLY MAGUIRE: Yes, ma'am.
MR. EVERDELL: No objection.
JUDGE NATHAN: 917-R is admitted. You may publish.
(Government's Exhibit 917-R received in evidence)
MS. MOE: Looking at Government Exhibit 917-R, from this angle, what are we looking at on the back wall in the upper left-hand corner of this photograph?
KELLY MAGUIRE: That is a wooden shelving unit that was located in the room that had various objects on it.
MS. MOE: If we could take down Government Exhibit 917-R. And if we could please show just the witness, the Court, and counsel what's been marked for identification as Government Exhibit 928-R.
KELLY MAGUIRE: Again, this is another angle inside the room. Now in this photograph, to the right-hand side is a more visible view of the wooden shelving unit that was located in the room.
KELLY MAGUIRE: Yes, ma'am.
MR. EVERDELL: No objection.
JUDGE NATHAN: 928-R is admitted. You may publish.
(Government's Exhibit 928-R received in evidence)
MS. MOE: Ms. Drescher, could you just highlight that and blow that up. Thank you. If we could take that down, but then blow up -- apologies. Would you mind just dropping the call out.
KELLY MAGUIRE: Yes, I do.
KELLY MAGUIRE: Yes, ma'am, there was.
MS. MOE: Ms. Drescher, could you please highlight that for the jury. Thank you. We can take that down.
MS. MOE: I want to turn now and ask you about some other areas of the residence. Did there come a time when you obtained legal authority to search the residence for things like CDs?
KELLY MAGUIRE: Yes, ma'am.
MS. MOE: If we could please show the witness what's been marked for identification as Government Exhibit 914; and just to the witness, counsel, and the Court.
KELLY MAGUIRE: Yes, ma'am, I do.
KELLY MAGUIRE: This is a photograph that was taken in a closet located on the fifth floor. We're looking at the left-hand side of the closet at numerous black binders that were found on a shelf with homemade labels on the spine of the binders.
MS. MOE: Could we just leave that up and pull up alongside it Government Exhibit 925. And again, just for the witness, counsel, and the Court.
KELLY MAGUIRE: This is just another photograph of the same binders. This is just a closer photograph.
MS. MOE: And do Government Exhibits 914 and 925 fairly and accurately depict the binders as you found them on the day of the search?
KELLY MAGUIRE: Yes, ma'am.
MR. EVERDELL: Your Honor, just one moment.
JUDGE NATHAN: Yes.
(Counsel conferred)
MS. MOE: Your Honor, after conferring with counsel, we'd withdraw that application and we'd respectfully request that Government Exhibits 925 and 925-R be admitted.
MR. EVERDELL: No objection, your Honor.
JUDGE NATHAN: So not 914.
JUDGE NATHAN: Can I see 925-R. So you're moving both?
JUDGE NATHAN: I see. Okay. Mr. Everdell?
MR. EVERDELL: One moment, your Honor.
JUDGE NATHAN: Yes.
(Counsel conferred)
JUDGE NATHAN: Sure.
BY MS. MOE:
KELLY MAGUIRE: Yes, I do.
KELLY MAGUIRE: No, they were not.
KELLY MAGUIRE: Yes, they were.
MS. MOE: Do you see that there are some blue -- what appear to be blue Post-Its on some of those objects?
KELLY MAGUIRE: Yes.
KELLY MAGUIRE: No, they were not.
KELLY MAGUIRE: That was by the FBI personnel labeling them.
MS. MOE: Thank you, your Honor. Your Honor, the government would offer Government Exhibits 925 and 925-R. 925-R is a public exhibit, and Government Exhibit 925 under seal.
MR. EVERDELL: No objection.
JUDGE NATHAN: All right. Thank you. 925 is admitted -- and what is the basis for seal?
MS. MOE: Your Honor, with respect to the labels, there is identifying information for third parties.
JUDGE NATHAN: Okay. So 925 is admitted under seal. 925-R is a redacted version of 925, and that is admitted as a public exhibit. (Government's Exhibits 925, 925-R received in evidence)
MS. MOE: Thank you, your Honor. Could we now publish Government Exhibit 925-R as a public exhibit, and ask the jurors to turn in their binders to what's in under seal as Government Exhibit 925.
JUDGE NATHAN: Right. You may. So you can publish 925-R, and the jurors may look -- I'm sorry, 925-R you may publish. And the jurors may open their binders to GX-925.
BY MS. MOE:
MS. MOE: All right. Taking a look at Government Exhibit 925, just to be clear, what are we looking at in this photograph?
KELLY MAGUIRE: Again, this is a photograph of a closet that was located on the fifth floor of the residence. This is the left-hand side of the closet, and these were several black in color binders that were found on a shelf in that closet.
KELLY MAGUIRE: Inside the binders there were clear pages that contained a sheet of paper that would have printed thumbnails of photographs. And then there was a corresponding CD attached to those.
KELLY MAGUIRE: Which day are you talking about?
MS. MOE: Let me rephrase. During the course of the search of this particular residence, were the CDs contained in the binders that we're looking at in Government Exhibit 925 seized in evidence?
KELLY MAGUIRE: Yes, they were.
KELLY MAGUIRE: Yes, they were labeled with evidence Item 1B-19.
MS. MOE: Could you just explain for the jury how does the FBI apply evidence numbers to items that are seized during the course of the search warrant?
KELLY MAGUIRE: After we seize items of evidence at a location, we then enter them into a collected item log. At that point each item is serialized with a number that's called a 1B number that's for evidence tracking purposes with our evidence control unit.
MS. MOE: And just to be clear, I believe you testified that the CDs contained in these binders were assigned evidence numbers 1B-19, is that right?
KELLY MAGUIRE: That's correct.
MS. MOE: Ms. Drescher, if you could please just show just the witness, the Court, and counsel what's been marked for identification as Government Exhibit 926.
KELLY MAGUIRE: Yes, ma'am, I do.
KELLY MAGUIRE: This is a photograph taken in the same room where the previous black binders were located. In the center of this closet room there was a drawer organizer located right there in the center. This is one of the bottom drawers where several CDs were located.
KELLY MAGUIRE: Yes, ma'am.
MR. EVERDELL: No objection.
JUDGE NATHAN: GX-926 is admitted. You may publish.
(Government's Exhibit 926 received in evidence)
MS. MOE: Taking a look at Government Exhibit 926, now that the jury can see it, can you please describe what we are looking at here in this photograph?
KELLY MAGUIRE: Again, this was a closet located on the fifth floor. This is the same room where the previously discussed black binders were located. In the center of the room was a drawer organizer. This is the bottom drawer pulled out with various CDs inside.
MS. MOE: Were the CDs contained in the drawer that we're looking at in this photograph seized by the FBI during the course of the search?
KELLY MAGUIRE: Yes, ma'am, they were.
KELLY MAGUIRE: They were marked as evidence Item 1B-63.
MS. MOE: Ms. Drescher, if you could please take down Government Exhibit 926. And if you could please show just the witness, the Court, and counsel what's been marked for identification as Government Exhibit 929.
KELLY MAGUIRE: Yes, ma'am, I do.
KELLY MAGUIRE: This was a photograph of a room on the third floor that could be described as a dressing room. In this particular photograph, you are viewing a safe that we located in a closet in that room pulled out to the center. And the items on top of it and aside it are items that were taken from inside the safe.
MS. MOE: Is Government Exhibit 929 a fair and accurate depiction of how that dressing room appeared during part of the search --
KELLY MAGUIRE: Yes, ma'am.
MR. EVERDELL: No objection.
JUDGE NATHAN: GX-929 is admitted. You may publish.
(Government's Exhibit 929 received in evidence)
KELLY MAGUIRE: This was located on the third floor.
KELLY MAGUIRE: Yes, ma'am, it is.
MS. MOE: All right. Now that we're all looking at it, could you please walk the jury through what we're looking at in this photograph?
KELLY MAGUIRE: This is a dressing room located on the third floor. In the center of the photograph, the large dark box is a safe that we pulled from a closet in this room. And the items on top of the safe and the dark boxes down on the floor are all items that were taken out of the safe once we opened it.
KELLY MAGUIRE: The day of the search we brought a saw with us.
MS. MOE: I believe you testified that the items we're looking at in this photograph were inside the safe. Were there any CDs inside this safe?
KELLY MAGUIRE: Yes, there were binders that contained CDs.
MS. MOE: Now, at the time you observed these CDs on the safe, did you have legal authority to seize all of the CDs that day?
KELLY MAGUIRE: No, not all of them.
KELLY MAGUIRE: Yes, that would have been on July 11th.
KELLY MAGUIRE: Yes, we had a search warrant.
MS. MOE: When you returned to the residence on that date, did you return to the room we're looking at in this room with the safe?
KELLY MAGUIRE: Yes, I did.
KELLY MAGUIRE: I observed that all of the items that are in this photograph that I had previously seen were missing.
KELLY MAGUIRE: I next spoke with the house manager, Merwin de la Cruz, who was on scene at the time that we were there.
MS. MOE: And again, without telling me the substance of that conversation, what's the next thing that happened?
KELLY MAGUIRE: The next thing that happened is I was on a three-way telephone conversation with an associate of Mr. Epstein named Richard Kahn and his legal counsel named Andrew Tomback.
MS. MOE: During the course of that phone call, did you tell those attorneys that you had a search warrant for these items?
MR. EVERDELL: Objection.
KELLY MAGUIRE: Yes, I did.
JUDGE NATHAN: Just a moment.
MR. EVERDELL: Objection. Leading.
JUDGE NATHAN: I'll allow it.
MS. MOE: And again, without getting into the substance of the conversation, after you communicated that you had a search warrant for these items, what's the next thing that happened?
KELLY MAGUIRE: Approximately 20 to 30 minutes after that telephone conversation, Richard Kahn came to the residence of Jeffrey Epstein at seven east -- or No. 9 East 71st Street and brought all of those items back to me in two suitcases.
KELLY MAGUIRE: Yes, I did.
KELLY MAGUIRE: Yes, I did.
KELLY MAGUIRE: It appeared to be all of the items that had been previously located in the safe.
(Continued on next page)
BY MS. MOE:
KELLY MAGUIRE: The items included binders that contained CDs. There were various items of jewelry. There were external hard drives there were loose diamonds, large amounts of U.S. currency and passports, as well.
KELLY MAGUIRE: Yes, I did.
KELLY MAGUIRE: Yes.
KELLY MAGUIRE: Yes, they were. They were labeled as evidence items 1B26, 1B75, and 1B78.
MS. MOE: We've been talking about CDs that you seized from several areas of the house. What did you do with all the CDs that you've just testified about?
KELLY MAGUIRE: I seized them and transported them back to our office and then later, chain of custody was then transferred to the case agents.
KELLY MAGUIRE: Yes, I did.
MS. MOE: Ms. Drescher, if you could please show the witness, counsel, and the Court what's been marked for identification as Government Exhibit 935.
KELLY MAGUIRE: This is a photograph that's taken in an office near the front of the residence. This was a wooden bookcase and cabinets that were located in that office. This particular photograph depicts the bottom cabinet open where my team located several plastic bins that contained boxes of hard drives. The boxes in this photograph also had evidence tape that were on the exterior of the boxes.
MS. MOE: Ms. Drescher, if you could please up pull up for the witness, counsel, and the Court, Government Exhibit 935R.
KELLY MAGUIRE: Yes, ma'am, it is.
MR. EVERDELL: No objection.
JUDGE NATHAN: 935R is admitted. You may publish.
(Government's Exhibit 935R received in evidence)
MS. MOE: Now that we're taking a look at Government Exhibit 935R, I believe you were describing the items in this cabinet. Let me just take a step back and ask, the room that we're looking at in this photograph, where was that within the house?
KELLY MAGUIRE: This was on the first floor of the residence. It was an office that was located pretty close to the front door.
KELLY MAGUIRE: These were large plastic bins that contained various boxes that had hard drives in them.
KELLY MAGUIRE: They were packaged within the box for the hard drive. They also had evidence tape on the exterior of the box.
MS. MOE: Did the boxes containing hard drives have evidence tape on them when the FBI found them?
KELLY MAGUIRE: Yes, they did.
MS. MOE: In other words, did the FBI find them with evidence tape or did you apply evidence tape to the boxes?
KELLY MAGUIRE: We found them with evidence tape. We did not place that there.
MS. MOE: As you sit here today, do you have personal knowledge of why there was evidence tape on these boxes?
KELLY MAGUIRE: No, I don't.
KELLY MAGUIRE: Yes, they were.
JUDGE NATHAN: You may.
MS. MOE: Thank you. Thanks very much. Your Honor, may I approach the witness with Government Exhibit 54?
JUDGE NATHAN: You may.
MS. MOE: All right, so I've just handed you what's been marked for identification as Government Exhibit 54. Special Agent Maguire, do you recognize this?
KELLY MAGUIRE: Yes, ma'am, I do.
KELLY MAGUIRE: This is a hard drive that was located in the previous exhibit, 935R. This was in one of the boxes that was located in the plastic bins in that office.
KELLY MAGUIRE: Yes, I have.
MS. MOE: And how do you know that Government Exhibit 54 is one of the hard drives contained in the box that we're looking at here in Government Exhibit 935R?
KELLY MAGUIRE: I examined this hard drive. I also recognized the New York CART lab bar code that's located on it.
MS. MOE: So you just mentioned a New York CART bar code. Can you please explain to the jury what that is?
KELLY MAGUIRE: Typically, when we seize digital evidence items, we then turn them over to a unit in the FBI called CART. It's the Computer Analysis Response Team. They're just more technically trained to extract and review the digital evidence. When they receive an evidence item, they put their own bar code on it. It's typically designated with NYC and then has a series of numeric digits after that.
KELLY MAGUIRE: This particular one is NYC024350.
JUDGE NATHAN: Okay.
JUDGE NATHAN: Thank you. Mr. Everdell.
MR. EVERDELL: Thank you, your Honor. May I inquire?
JUDGE NATHAN: You may.
CROSS-EXAMINATION BY MR. EVERDELL:
MR. EVERDELL: Good afternoon, Special Agent Maguire.
KELLY MAGUIRE: Good afternoon, sir.
MR. EVERDELL: You testified on direct about a search warrant that you helped execute at Jeffrey Epstein's New York residence on July 6th and 7th of 2019; is that right?
KELLY MAGUIRE: Yes, sir, that's correct.
MR. EVERDELL: And the search warrant you were executing was part of an investigation that the New York FBI was conducting at the time; right?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: You were not the lead detective on that investigation; right?
KELLY MAGUIRE: No, I was not.
MR. EVERDELL: I believe the co-case agents for that investigation were Special Agent Amanda Young and Task Force Officer Paul Byrne; is that right?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: They were in charge of the investigation?
KELLY MAGUIRE: Yes.
MR. EVERDELL: And your job was to help out on the day that the search was executed; right?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: You were leading the Evidence Collection Team?
KELLY MAGUIRE: That's correct.
MR. EVERDELL: So your job was to go through the various rooms in the house, take photographs, and then search and seize any evidence that you might find; right?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: Now that you did more than one search warrant on those two days, July 6th and 7th; isn't that right?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: That's because when you first went into the residence and you did a protective sweep of the area, you saw certain items that weren't covered by the first warrant, so you went and got a broader warrant; right?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: And I think you said there was yet even another warrant that you executed a few days later on July 11th, that allowed you to go back and collect CDs; right?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: So getting back to the day of the first execution of the first warrant, that would be July 6th of 2019; is that correct?
KELLY MAGUIRE: Yes, sir, it is.
MR. EVERDELL: And I believe the search started roughly around 5:30, 5:40 in the evening; is that right?
KELLY MAGUIRE: Yes, sir. I believe we approached the residence shortly after 5:30 and then actually entered the residence approximately 5:45, did the protective sweep, and I believe the search started at 6:15 p.m., approximately.
MR. EVERDELL: In the evening?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: And I think you were there executing that and the second warrant you got on July 7th all the way through the night; isn't that right?
KELLY MAGUIRE: Yes, sir, that's correct.
MR. EVERDELL: And I think the search ended early in the morning, around 6:30 a.m., is that right?
KELLY MAGUIRE: Yes, sir, it is.
MR. EVERDELL: But it's safe to say for those first two warrants, I'm not talking about the one when you came back with the CDs, but for the times -- the warrants you executed where you took the photographs were on July 6th, 2019, July 7th, 2019; right?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: So that's the day that the photos that we looked at were taken?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: So those photos show what the house looked like on July 6th, 2019, and July 7th, 2019; isn't that right?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: Those photographs don't show, for example, what the house looked like in 1994?
KELLY MAGUIRE: No, sir, they don't. Not to my knowledge.
MR. EVERDELL: Not to your knowledge, right, because you weren't in the house in 1994; right?
KELLY MAGUIRE: I would hope not, no, sir.
MR. EVERDELL: That was the first time you had ever been there?
KELLY MAGUIRE: It was.
MR. EVERDELL: Those photographs wouldn't show what the house looked like at any time prior to 2019 when you went inside the house; right?
JUDGE NATHAN: Overruled.
KELLY MAGUIRE: I have no way of knowing what the residence looked like, so I don't know if they were representative of what they looked like at that time period in the '90s.
MR. EVERDELL: The specific year I asked about was 1994, that would be 25 years before the day that you executed the search warrant; right?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: That's a quarter of a century; right?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: And, in addition to what the house generally looked like in that earlier time period of the 1990s, say, those photographs we looked at don't show what items were in the house at that time period, necessarily, do they?
KELLY MAGUIRE: Again, I would not have any personal knowledge of that.
MR. EVERDELL: Those photographs wouldn't necessarily show what furnishings were in the house in the 1990s and the 2000s; right?
KELLY MAGUIRE: Again, I don't know if it's representative or not.
MR. EVERDELL: And those photographs wouldn't necessarily show what artwork was on the walls in that time period that I'm talking about; right?
KELLY MAGUIRE: Again, I don't know if it represents that or not.
MR. EVERDELL: Bottom line is that these photographs really show what it looked like at the time of the search in 2019?
KELLY MAGUIRE: That's the day that I was there, yes.
MR. EVERDELL: So you also mentioned that the search began around -- I guess you said 6:30 is when the search began --
KELLY MAGUIRE: Actually 6:15.
MR. EVERDELL: 6:15?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: Great. So you didn't take the photographs until after the search began at 6:15 p.m.; right?
KELLY MAGUIRE: We take, yes, the entry photographs and then we proceed with the search after that. So at 6:15, that would be the labeling of the room, the photographs taken upon initial entry and walk-through, and then we would start the search after that.
MR. EVERDELL: So fair to say that the photographs you took that were taken and that we saw were taken at night; right?
KELLY MAGUIRE: I believe it was summertime, so they might have been taken around dusk and then proceeding on through the nighttime hours.
MR. EVERDELL: And the search did last all the way through the night; right?
KELLY MAGUIRE: Yes, it did.
MR. EVERDELL: So, I think many of these photographs we saw were taken with a flash; right?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: And so that wasn't natural lighting conditions, that's what they looked like with a flash photo taken?
KELLY MAGUIRE: I believe a flash was used in some circumstances in dimly lit areas and I believe other times it was not because the room was sufficiently lit.
MR. EVERDELL: I want to ask you about a few specific items that you recovered from the residence. You testified about certain items that were in the safe, we just heard you talk about that; right?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: And some of the items found in the safe were CDs; correct?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: And you assigned the CDs the evidence numberses 1B26, 1B75, and 1B78?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: And those were found in the safe; correct?
KELLY MAGUIRE: Yes. The 1B26 would have been located in the safe during the search on the 6th and 7th, and then 1B75 and 1B78 would have been with the suitcases with CDs were brought back to me on July 11th.
MR. EVERDELL: Right. But your understanding what was brought back to you in the suitcases were originally what was inside the safe before you opened it?
KELLY MAGUIRE: Yes, sir, that's correct.
MR. EVERDELL: So all of those items that you mentioned, those 1B numbers I just mentioned were items that were found inside the safe?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: So you didn't -- and that safe was on the third floor of the house; right?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: And at the time of the search, you didn't look at what was on any of these CDs; right?
KELLY MAGUIRE: No, sir.
MR. EVERDELL: So, any images or photographs or anything else that came off those CDs, those were taken off later; correct?
KELLY MAGUIRE: Correct.
MR. EVERDELL: Now you also testified about CDs that were found in a room on the fifth floor; right?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: So the safe is on the third floor and there was another room on the fifth floor where you found CDs?
KELLY MAGUIRE: That's correct.
MR. EVERDELL: And some of those CDs were also in binders on a shelf in that room, we saw that; right?
KELLY MAGUIRE: Yes. Correct.
MR. EVERDELL: And there were other CDs that were found in the drawer of a cabinet in that same room; right?
KELLY MAGUIRE: Correct.
MR. EVERDELL: And we saw photographs of both of those; right?
KELLY MAGUIRE: Yes.
MR. EVERDELL: And those CDs that we're talking about in the binders and in the drawer were found in the same room on the fifth floor of the residence; correct?
KELLY MAGUIRE: Correct.
MR. EVERDELL: And again, at the time of the search, you, yourself, did not look at what was on those CDs; right?
KELLY MAGUIRE: The CDs in the binder, I was able to see thumbnails of the corresponding CDs. So I presumed that those were identical to what should be on the CDs. But, no, I did not view any other CDs on the day of the search.
MR. EVERDELL: So you didn't compare the thumbnails with what was actually on the CDs that day; right?
KELLY MAGUIRE: No. I did view several CDs the next day, though.
MR. EVERDELL: I'm just talking about on the day of the search.
KELLY MAGUIRE: Correct. Yes, sir.
MR. EVERDELL: So any images of photos that were on those CDs were taken off later; right?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: Now you mentioned about how -- getting back to the safe, there were certain items that you found on the day of the search, but when you went back, they weren't there, but they were returned later; is that right?
KELLY MAGUIRE: That's correct.
MR. EVERDELL: So it was Mr. Khan, the attorney who brought suitcases that had the items that were missing from before; right?
KELLY MAGUIRE: That's correct.
MR. EVERDELL: And fair to say that you didn't see anything missing in that inventory that was returned that day on the 11th?
KELLY MAGUIRE: No, sir, I did not.
MR. EVERDELL: So you got back everything you thought should be there based on what you had seen on the day of the search; right?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: Nothing missing?
KELLY MAGUIRE: Not to my knowledge, no.
MR. EVERDELL: Special Agent Maguire, you went through I think every room in the house during the search; is that correct?
KELLY MAGUIRE: Yes.
MR. EVERDELL: So you were on every floor of the house at some point during the search?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: And I think you said that there were eight total floors in the house; right?
KELLY MAGUIRE: That's correct. Six aboveground and two sublevels.
MR. EVERDELL: So six aboveground and two cellar levels, call it; right?
KELLY MAGUIRE: Yes.
MR. EVERDELL: There were no bedrooms in the cellar levels of the house; right?
KELLY MAGUIRE: Not that I recall, no, sir.
MR. EVERDELL: So of the six floors that were aboveground, there were some bedrooms in those floors; right?
KELLY MAGUIRE: Yes, sir.
MR. EVERDELL: But needless to say, if there were six floors aboveground, there was no seventh floor aboveground; right?
KELLY MAGUIRE: No, sir.
MR. EVERDELL: And there was no eighth floor above the ground with any bedrooms; right?
KELLY MAGUIRE: No, sir.
MR. EVERDELL: One moment. I have nothing further, your Honor.
JUDGE NATHAN: Ms. Moe.
JUDGE NATHAN: Thank you, Agent Maguire. You may step down. You are excused. Is it a short witness or better to start tomorrow?
MS. COMEY: Relatively short, your Honor. I don't know that we would get through it in 12 minutes, but we could try if your Honor would like.
JUDGE NATHAN: Let's give it a start, sure.
MS. COMEY: Sure, your Honor. The government calls Kimberly Meder.
JUDGE NATHAN: Kimberly Meder may come forward.
MS. MENNINGER: Your Honor, rather than us switching with the lateness of the day, I'm going to be handling this witness from here, if that's all right with the Court.
JUDGE NATHAN: That's fine. Thank you, Ms. Menninger. KIMBERLY MEDER, called as a witness by the Government, having been duly sworn, testified as follows:
JUDGE NATHAN: Thank you. Please be seated. Please remove your mask and state and spell your name for the record.
KELLY MAGUIRE: Kimberly Meder, K-i-m-b-e-r-l-y M-e-d-e-r.
JUDGE NATHAN: Thank you. You may inquire.
MS. COMEY: Thank you, your Honor.