Kimberly Meder — Direct/Cross/Redirect (Continued)
495 linesJUDGE NATHAN: Good morning, members of the jury. Nice to see you. Thank you again for being here right on time so we can get started. I appreciate it. Ms. Meder, you may remove your mask. And I remind you you are under oath. Ms. Comey, you may continue with your direct examination.
MS. COMEY: Thank you, your Honor. KIMBERLY MEDER, called as a witness by the Government, having been previously duly sworn, testified as follows: DIRECT EXAMINATION (continued)
BY MS. COMEY:
MS. COMEY: Good morning.
KIMBERLY MEDER: Good morning.
MS. COMEY: I'd like to pick up where we left off yesterday. I think you had Government Exhibit 1101 in front of you to use as an aid. Do you have that in front of you now?
KIMBERLY MEDER: Yes.
MS. COMEY: And then we were talking about what was marked for identification as Government Exhibit 304.
MS. COMEY: Ms. Drescher, will you please pull that up for the witness, the parties, and the Court.
MS. COMEY: Ms. Meder, do you recognize this?
KIMBERLY MEDER: Yes.
MS. COMEY: What is it?
KIMBERLY MEDER: It's a photo from a CD I reviewed from the Epstein and Maxwell investigation.
MS. COMEY: And what was the 1B number that that CD was contained under?
JUDGE NATHAN: I'm sorry, could you pull the microphone a little bit closer. Thank you. Go ahead.
KIMBERLY MEDER: 1B26.
MS. COMEY: And have you familiarized yourself with the physical appearance of Ghislaine Maxwell and Jeffrey Epstein during this investigation?
KIMBERLY MEDER: Yes.
MS. COMEY: Who do we see in this photograph?
KIMBERLY MEDER: Ghislaine Maxwell and Jeffrey Epstein.
MS. COMEY: Your Honor, the government offers Exhibit 304.
MS. MENNINGER: Subject to the prior objections, your Honor, no further objection.
JUDGE NATHAN: Okay. Thank you. GX-304 is admitted. You may publish.
(Government's Exhibit 304 received in evidence)
MS. COMEY: Thank you, your Honor.
MS. COMEY: And while this is published for the jury, could you please tell us who's on the left and who's on the right?
KIMBERLY MEDER: On the left, Ghislaine Maxwell; on the right, Jeffrey Epstein.
MS. COMEY: We can take that down. Thank you, Ms. Drescher. Can we now please pull up for the witness, the parties, and the Court Government Exhibit 306.
MS. COMEY: Do you recognize this?
KIMBERLY MEDER: Yes.
MS. COMEY: What is it?
KIMBERLY MEDER: It's a photo from a CD I reviewed from the Epstein and Maxwell investigation.
MS. COMEY: And under what 1B number was that CD logged?
KIMBERLY MEDER: 1B26.
MS. COMEY: Who's in this photograph?
KIMBERLY MEDER: Ghislaine Maxwell.
MS. COMEY: Your Honor, the government offers this in evidence.
MS. MENNINGER: No further objection.
JUDGE NATHAN: Thank you. GX-306 is admitted. You may publish.
(Government's Exhibit 306 received in evidence)
MS. MENNINGER: And your Honor I will have the same for the rest of these just to save everyone's time.
JUDGE NATHAN: Understand. And your objections are preserved.
MS. COMEY: May we publish, your Honor?
JUDGE NATHAN: You may.
MS. COMEY: Thank you. We can take that down. Thank you, Ms. Drescher. Let's go now please to what's been marked for identification as Government Exhibit 307. Ms. Drescher, will you please pull that up for the witness, the Court, and the parties.
MS. COMEY: Do you recognize this?
KIMBERLY MEDER: Yes.
MS. COMEY: What is it?
KIMBERLY MEDER: It's a photo from a CD I reviewed from the Epstein and Maxwell investigation.
MS. COMEY: What 1B number was that CD logged under?
KIMBERLY MEDER: 1B26.
MS. COMEY: And who do we see in this photograph?
KIMBERLY MEDER: Jeffrey Epstein and Ghislaine Maxwell.
MS. COMEY: The government offers this in evidence.
JUDGE NATHAN: GX-307 is admitted.
(Government's Exhibit 307 received in evidence)
MS. COMEY: May we publish?
JUDGE NATHAN: You may.
MS. COMEY: Thank you, your Honor.
MS. COMEY: Who do we see on the left and the right?
KIMBERLY MEDER: On the left, Jeffrey Epstein; on the right, Ghislaine Maxwell.
MS. COMEY: Ms. Drescher, would you now please pull up what's been marked for identification as Government Exhibit 320 just for the Court, the parties, and the witness.
MS. COMEY: Do you recognize this?
KIMBERLY MEDER: Yes.
MS. COMEY: What is it?
KIMBERLY MEDER: It's a photo from a CD I reviewed from the Epstein and Maxwell investigation.
MS. COMEY: And under what 1B number was that CD?
KIMBERLY MEDER: 1B75.
MS. COMEY: Who's in this photograph?
KIMBERLY MEDER: Jeffrey Epstein and Ghislaine Maxwell.
MS. COMEY: Your Honor, the government offers this in evidence.
JUDGE NATHAN: Without further objection, GX-320 is admitted.
(Government's Exhibit 320 received in evidence)
MS. COMEY: May we publish?
JUDGE NATHAN: You may.
MS. COMEY: Thank you, your Honor.
MS. COMEY: Who do we see on the left and the right in this photograph?
KIMBERLY MEDER: On the left, Jeffrey Epstein; on the right, Ghislaine Maxwell.
MS. COMEY: We can take that down. Thank you. Let's go now, please, to Government Exhibit 321. Ms. Drescher, would you please pull that up for the witness, the parties, and the Court.
MS. COMEY: Do you recognize this?
KIMBERLY MEDER: Yes.
MS. COMEY: What is it?
KIMBERLY MEDER: It's a photo from a CD I reviewed from the Epstein and Maxwell investigation.
MS. COMEY: What 1B number was that CD logged under?
KIMBERLY MEDER: 1B75.
MS. COMEY: Who's in this photograph?
KIMBERLY MEDER: Ghislaine Maxwell and Jeffrey Epstein.
MS. COMEY: The government offers this in evidence, your Honor.
JUDGE NATHAN: Consistent with the Court's rulings, GX-321 is admitted.
(Government's Exhibit 321 received in evidence)
MS. COMEY: May we publish please, your Honor.
JUDGE NATHAN: You may.
MS. COMEY: Thank you.
MS. COMEY: Who do we see on the left and who do we see on the right?
KIMBERLY MEDER: On the left, Ghislaine Maxwell; on the right, Jeffrey Epstein.
MS. COMEY: Ms. Drescher, let's go now, please, to Government Exhibit 322 for the witness, the parties, and the Court.
MS. COMEY: Do you recognize this?
KIMBERLY MEDER: Yes.
MS. COMEY: What is it?
KIMBERLY MEDER: It's a photo from a CD I reviewed from the Epstein and Maxwell investigation.
MS. COMEY: What 1B number was that CD logged under?
KIMBERLY MEDER: 1B78.
MS. COMEY: Who's in this photograph?
KIMBERLY MEDER: Jeffrey Epstein and Ghislaine Maxwell.
MS. COMEY: Your Honor, the government offers this in evidence.
JUDGE NATHAN: Okay. And I've ruled. GX-322 may be admitted.
(Government's Exhibit 322 received in evidence)
JUDGE NATHAN: And you may publish.
MS. COMEY: Thank you, your Honor.
MS. COMEY: Who's on the left and who is on the right?
KIMBERLY MEDER: On the left, Jeffrey Epstein; on the right, Ghislaine Maxwell.
MS. COMEY: Ms. Drescher, let's go now please to Government Exhibit 324 just for the witness, the parties, and the Court.
MS. COMEY: Do you recognize this?
KIMBERLY MEDER: Yes.
MS. COMEY: What is it?
KIMBERLY MEDER: It's a photo from a CD I reviewed from the Epstein and Maxwell investigation.
MS. COMEY: Under what 1B number was that CD logged?
KIMBERLY MEDER: 1B19.
MS. COMEY: Who's in this photograph?
KIMBERLY MEDER: Jeffrey Epstein and Ghislaine Maxwell.
MS. COMEY: Your Honor, the government offers this in evidence.
JUDGE NATHAN: Consistent with my ruling, GX-324 is admitted. You may publish.
(Government's Exhibit 324 received in evidence)
MS. COMEY: Thank you, your Honor.
MS. COMEY: Who's on the left and who's on the right?
KIMBERLY MEDER: On the left, Jeffrey Epstein; on the right, Ghislaine Maxwell.
MS. COMEY: Ms. Drescher, let's go now to Government Exhibit 325, please, for the Court, the parties, and the witness.
MS. COMEY: Do you recognize this?
KIMBERLY MEDER: Yes.
MS. COMEY: What is it?
KIMBERLY MEDER: It's a photo from a CD I reviewed from the Epstein and Maxwell investigation.
MS. COMEY: Under what 1B number was that CD logged?
KIMBERLY MEDER: 1B75.
MS. COMEY: Who's in this photograph?
KIMBERLY MEDER: Ghislaine Maxwell and Jeffrey Epstein.
MS. COMEY: Your Honor, the government offers this in evidence.
JUDGE NATHAN: GX-325 is admitted. You may publish.
(Government's Exhibit 325 received in evidence)
MS. COMEY: Thank you, your Honor.
MS. COMEY: Who is on the left and who is on the right?
KIMBERLY MEDER: On the left, Ghislaine Maxwell; on the right, Jeffrey Epstein.
MS. COMEY: Ms. Drescher, we can now pull up what's been marked for identification as Government Exhibit 333, please, for the parties, the Court, and the witness.
MS. COMEY: Do you recognize this?
KIMBERLY MEDER: Yes.
MS. COMEY: What is it?
KIMBERLY MEDER: It's a photo from a CD I reviewed from the Epstein and Maxwell investigation.
MS. COMEY: Under what 1B number was the CD logged?
KIMBERLY MEDER: 1B78.
MS. COMEY: Who is in this photograph?
KIMBERLY MEDER: Jeffrey Epstein and Ghislaine Maxwell.
MS. COMEY: Your Honor, the government offers this in evidence.
JUDGE NATHAN: And again, consistent with my rulings, GX-333 is admitted. You may publish.
(Government's Exhibit 333 received in evidence)
MS. COMEY: Thank you, your Honor.
MS. COMEY: Who is on the left and who is on the right?
KIMBERLY MEDER: On the left, Jeffrey Epstein; on the right, Ghislaine Maxwell.
MS. COMEY: Ms. Drescher, let's now pull up, please, Government Exhibit 337 for the Court, the witness, and the parties.
MS. COMEY: Do you recognize this?
KIMBERLY MEDER: Yes.
MS. COMEY: What is it?
KIMBERLY MEDER: It's a photo from a CD I reviewed from the Epstein and Maxwell investigation.
MS. COMEY: Under what 1B number was this CD logged?
KIMBERLY MEDER: 1B63.
MS. COMEY: Who's in this photograph?
KIMBERLY MEDER: Ghislaine Maxwell.
MS. COMEY: Your Honor, the government offers this in evidence.
JUDGE NATHAN: And again, GX-337 is admitted consistent with my rulings. You may publish.
(Government's Exhibit 337 received in evidence)
MS. COMEY: Thank you, your Honor. Ms. Drescher, let's go now, please, to Government Exhibit 340 for the witness, the parties, and the Court.
MS. COMEY: Do you recognize this?
KIMBERLY MEDER: Yes.
MS. COMEY: What is it?
KIMBERLY MEDER: It's a photo from a CD I reviewed from the Epstein and Maxwell investigation.
MS. COMEY: Under what 1B number was that CD logged?
KIMBERLY MEDER: 1B63.
MS. COMEY: Who is in this photograph?
KIMBERLY MEDER: Ghislaine Maxwell.
MS. COMEY: Your Honor, the government offers this in evidence.
JUDGE NATHAN: Consistent with my rulings, GX-340 is admitted. You may publish.
(Government's Exhibit 340 received in evidence)
MS. COMEY: Thank you, your Honor. Ms. Drescher, let's go now, please, to Government Exhibit 341 for the witness, the Court, and the parties.
MS. COMEY: Do you recognize this?
KIMBERLY MEDER: Yes.
MS. COMEY: What is it?
KIMBERLY MEDER: It's a photo from a CD I reviewed from the Epstein and Maxwell investigation.
MS. COMEY: Under what 1B number was that CD logged?
KIMBERLY MEDER: 1B63.
MS. COMEY: And who are the people we see on the left and in the center in this photograph?
KIMBERLY MEDER: On the left, Ghislaine Maxwell; in the center, Jeffrey Epstein.
MS. COMEY: Your Honor, the government offers this in evidence.
JUDGE NATHAN: Consistent with my rulings, GX-341 is admitted.
(Government's Exhibit 341 received in evidence)
MS. COMEY: May we publish, your Honor?
JUDGE NATHAN: You may.
MS. COMEY: And will you tell us one more time who's on the left?
KIMBERLY MEDER: Ghislaine Maxwell.
MS. COMEY: And who's in the center?
KIMBERLY MEDER: Jeffrey Epstein.
MS. COMEY: Let's go now, please, Ms. Drescher, to Government Exhibit 342 for the witness, the parties, and the Court.
MS. COMEY: Do you recognize this?
KIMBERLY MEDER: Yes.
MS. COMEY: What is it?
KIMBERLY MEDER: It's a photo from a CD I reviewed from the Epstein and Maxwell investigation.
MS. COMEY: Under what 1B number was that CD logged?
KIMBERLY MEDER: 1B63.
MS. COMEY: Who is in this photograph?
KIMBERLY MEDER: Ghislaine Maxwell and Jeffrey Epstein.
MS. COMEY: Your Honor, the government offers this in evidence.
JUDGE NATHAN: I don't think we discussed this one yesterday, so if you want to --
MS. MENNINGER: Subject to the same objection, your Honor.
JUDGE NATHAN: Understood. GX-342 is admitted.
(Plaintiff's Exhibit 342 received in evidence)
JUDGE NATHAN: You may publish.
MS. COMEY: Who is on the left?
KIMBERLY MEDER: Ghislaine Maxwell.
MS. COMEY: Who is on the right?
KIMBERLY MEDER: Jeffrey Epstein.
MS. COMEY: Ms. Drescher, let's go now, please, to Government Exhibit 343 for the witness, the Court, and the parties.
MS. COMEY: Do you recognize this?
KIMBERLY MEDER: Yes.
MS. COMEY: What is it?
KIMBERLY MEDER: It's a photo from a CD I reviewed from the Epstein and Maxwell investigation.
MS. COMEY: Under what 1B number was that CD logged?
KIMBERLY MEDER: 1B63.
MS. COMEY: Who is in this photograph?
KIMBERLY MEDER: Ghislaine Maxwell and Jeffrey Epstein.
MS. COMEY: Your Honor, the government offers this in evidence.
MS. MENNINGER: Same objection and cumulative, your Honor.
JUDGE NATHAN: Understood. GX-343 is admitted.
(Government's Exhibit 343 received in evidence)
JUDGE NATHAN: Let me just ask, Ms. Comey, are there other ones I didn't see yesterday?
MS. COMEY: I don't believe so, your Honor. I didn't realize we had not discussed these yesterday.
JUDGE NATHAN: My presumption is that there won't be, and so we'll move on.
MS. COMEY: May we publish, your Honor?
JUDGE NATHAN: Yes, you may.
MS. COMEY: Thank you.
BY MS. COMEY:
MS. COMEY: Who is on the left and who is on the right?
KIMBERLY MEDER: On the left, Ghislaine Maxwell; on the right, Jeffrey Epstein.
MS. COMEY: Let's go now to what's been marked for identification as Government Exhibit 347, please.
MS. COMEY: Do you recognize this?
KIMBERLY MEDER: Yes.
MS. COMEY: What is it?
KIMBERLY MEDER: It's a photo from a CD I reviewed from the Epstein and Maxwell investigation.
MS. COMEY: Under what 1B number was this CD logged?
KIMBERLY MEDER: 1B19.
MS. COMEY: Who is in this photograph?
KIMBERLY MEDER: Jeffrey Epstein and Ghislaine Maxwell.
MS. COMEY: Your Honor, the government offers this in evidence.
JUDGE NATHAN: Consistent with my ruling, GX-347 is admitted. You may publish.
(Government's Exhibit 347 received in evidence)
MS. COMEY: Thank you, your Honor.
MS. COMEY: Who is on the left and who is on the right?
KIMBERLY MEDER: On the left, Jeffrey Epstein; on the right, Ghislaine Maxwell.
MS. COMEY: Let's go now, please, to what's been marked for identification as Government Exhibit 348.
MS. COMEY: Do you recognize this?
KIMBERLY MEDER: Yes.
MS. COMEY: What is it?
KIMBERLY MEDER: It's a photo from a CD I reviewed from the Epstein and Maxwell investigation.
MS. COMEY: Under what 1B number was that CD logged?
KIMBERLY MEDER: 1B19.
MS. COMEY: Who is in this photograph?
KIMBERLY MEDER: Ghislaine Maxwell and Jeffrey Epstein.
MS. COMEY: Your Honor, the government offers this in evidence.
JUDGE NATHAN: Consistent with my ruling, GX-348 is admitted. You may publish.
(Government's Exhibit 348 received in evidence)
BY MS. COMEY:
MS. COMEY: Who is on the left and who is on the right?
KIMBERLY MEDER: On the left, Ghislaine Maxwell; on the right, Jeffrey Epstein.
MS. COMEY: Let's go now please to Government Exhibit 314 for the witness, the Court, and the parties, Ms. Drescher.
MS. COMEY: Do you recognize this?
KIMBERLY MEDER: Yes.
MS. COMEY: What is it?
KIMBERLY MEDER: It's a photo from a CD I reviewed from the Epstein and Maxwell investigation.
MS. COMEY: Under what 1B number was the CD logged?
KIMBERLY MEDER: 1B75.
MS. COMEY: Who is in this photograph?
KIMBERLY MEDER: Ghislaine Maxwell and Jeffrey Epstein.
MS. COMEY: The government offers this in evidence, your Honor.
JUDGE NATHAN: Consistent with my ruling, GX-314 is admitted. You may publish.
(Government's Exhibit 314 received in evidence)
MS. COMEY: Who is on the left, who's on the right?
KIMBERLY MEDER: On the left, Ghislaine Maxwell; on the right, Jeffrey Epstein.
MS. COMEY: Let's go now, please, Ms. Drescher, to Government Exhibit 317 for the witness, the Court, and the parties.
MS. COMEY: Do you recognize this?
KIMBERLY MEDER: Yes.
MS. COMEY: What is it?
KIMBERLY MEDER: It's a photo from a CD I reviewed from the Epstein and Maxwell investigation.
MS. COMEY: Under what 1B number was the CD logged?
KIMBERLY MEDER: 1B75.
MS. COMEY: Who is in this photograph?
KIMBERLY MEDER: Ghislaine Maxwell and Jeffrey Epstein.
MS. COMEY: The government offers this in evidence, your Honor.
JUDGE NATHAN: Consistent with my ruling, GX-317 is admitted. You may publish.
(Government's Exhibit 317 received in evidence)
MS. COMEY: Who is on the left and who is on the right?
KIMBERLY MEDER: On the left, Ghislaine Maxwell; on the right, Jeffrey Epstein.
MS. COMEY: Let's go now, please, Ms. Drescher, to Government Exhibit 318.
MS. COMEY: Do you recognize this?
KIMBERLY MEDER: Yes.
MS. COMEY: What is it?
KIMBERLY MEDER: It's a photo from a CD I reviewed from the Epstein and Maxwell investigation.
MS. COMEY: Under what 1B number was that CD logged?
KIMBERLY MEDER: 1B75.
MS. COMEY: Who is in this photograph?
KIMBERLY MEDER: Ghislaine Maxwell and Jeffrey Epstein.
MS. COMEY: Your Honor, the government offers this in evidence.
JUDGE NATHAN: Consistent with my ruling, GX-318 is admitted. You may publish.
(Government's Exhibit 318 received in evidence)
MS. COMEY: Thank you, your Honor.
MS. COMEY: Once that's published, would you please tell us who's on the left and who's on the right.
KIMBERLY MEDER: On the left, Ghislaine Maxwell; on the right, Jeffrey Epstein.
MS. COMEY: Thank you, Ms. Drescher. We can take that down.
MS. COMEY: The last two exhibits I want to talk about are in the binder up by you at the podium, Ms. Meder. I want to start with what's been marked for identification as Government Exhibit 313. Would you please turn to that in your binder.
KIMBERLY MEDER: Yes.
MS. COMEY: Do you recognize that?
KIMBERLY MEDER: Yes.
MS. COMEY: What is it?
KIMBERLY MEDER: It's a photo from a CD I reviewed from the Epstein and Maxwell investigation.
MS. COMEY: Under what 1B number was the CD logged?
KIMBERLY MEDER: 1B75.
MS. COMEY: And who is in this photograph?
KIMBERLY MEDER: Ghislaine Maxwell and Jeffrey Epstein.
MS. COMEY: Your Honor, the government offers this exhibit under seal to protect the privacy of a party.
JUDGE NATHAN: No objection?
MS. MENNINGER: No further objection.
JUDGE NATHAN: No further objection. No objection to sealing, I presume.
MS. MENNINGER: Correct.
JUDGE NATHAN: Okay. GX-313 is admitted under seal to protect the privacy of a party.
(Government's Exhibit 313 received in evidence)
MS. COMEY: And, your Honor, I think I'll proceed to one more exhibit we'll propose under seal and then ask the jurors to take a look in their binders, if that's all right with your Honor.
JUDGE NATHAN: That's okay with me.
MS. COMEY: Would you please now turn in your binder to what's been marked for identification as Government Exhibit 332.
MS. COMEY: Do you recognize this?
KIMBERLY MEDER: Yes.
MS. COMEY: What is it?
KIMBERLY MEDER: It's a photo from a CD I reviewed from the Epstein and Maxwell investigation.
MS. COMEY: Under what 1B number was that CD logged?
KIMBERLY MEDER: 1B26.
MS. COMEY: During the course of this investigation, have you familiarized yourself with the physical appearance of Virginia Roberts?
KIMBERLY MEDER: Yes.
MS. COMEY: Who is in this photograph?
KIMBERLY MEDER: Virginia Roberts.
MS. COMEY: Your Honor, the government offers this exhibit under seal to protect the privacy of a third party.
MS. MENNINGER: No further objection, your Honor.
JUDGE NATHAN: Okay. 332 is admitted, and it's admitted under seal to protect the privacy of the third party.
(Government's Exhibit 332 received in evidence)
MS. COMEY: Your Honor, at this time I would ask that the jurors be permitted to look in their binders at what's now been admitted under seal as Government Exhibit 313 and 332.
JUDGE NATHAN: Okay. Jurors, you may look at GX-313 and GX-332. And after you've viewed them, please place your binders back on the ground.
MS. COMEY: And, your Honor, once the jurors have reviewed those exhibits, I have no further questions.
JUDGE NATHAN: Okay. All right. Ms. Menninger, you may set up for cross. All right. Thank you.
CROSS-EXAMINATION BY MS. MENNINGER:
MS. MENNINGER: Good morning, Ms. Meder. Is that how you pronounce it?
KIMBERLY MEDER: Yes.
MS. MENNINGER: You were testifying about some photographs that you copied from CDs onto a computer; correct?
KIMBERLY MEDER: Correct.
MS. MENNINGER: And then you reviewed those photographs; correct?
KIMBERLY MEDER: Correct.
MS. MENNINGER: And some of those photographs were shown to the jury today; correct?
KIMBERLY MEDER: Yes.
MS. MENNINGER: Those CDs that you copied photographs from onto a computer, those CDs were found all around the Epstein home; correct?
MS. COMEY: Objection. Foundation.
JUDGE NATHAN: Sustained.
MS. MENNINGER: Did you prepare for the government a location report for the exhibits that were just shown to the jury?
KIMBERLY MEDER: I prepared a report showing the evidence item number of where it came from.
MS. MENNINGER: Within Mr. Epstein's house; correct?
KIMBERLY MEDER: Yes.
MS. MENNINGER: So you found which CDs were found in which room of Mr. Epstein's house; correct?
KIMBERLY MEDER: Yes, according to the evidence item numbers.
MS. MENNINGER: Right. So you weren't at the house when the CDs were seized, right?
KIMBERLY MEDER: I was on both searches.
MS. MENNINGER: You were on both searches?
KIMBERLY MEDER: I was.
MS. MENNINGER: Okay. And so you personally compared the numbers of these CDs to where they were located in Mr. Epstein's house, right?
KIMBERLY MEDER: I confirmed the CD with the 1B numbers.
MS. MENNINGER: And the 1B number was tied to a room in the house?
KIMBERLY MEDER: Yes.
MS. MENNINGER: Okay. You did that work for the government, right?
KIMBERLY MEDER: I confirmed it.
MS. MENNINGER: And you gave that work product to the government?
KIMBERLY MEDER: Correct.
MS. MENNINGER: And so you know from the work that you did and gave to the government that some of these CDs were found in a closet on the third floor, for example?
KIMBERLY MEDER: I don't recall exact locations. I know the 1B numbers as corresponding to the testimony today. And I do not recall exact locations in the house.
MS. MENNINGER: Do you know whether CDs were found in the third floor closet?
KIMBERLY MEDER: I know they were found in the house. Again, I don't remember the exact locations.
MS. MENNINGER: Okay. So just from memory, you're not remembering where a particular CD was found?
KIMBERLY MEDER: Correct.
MS. MENNINGER: Okay. And you do know that CDs were found around the house?
KIMBERLY MEDER: Yes.
MS. MENNINGER: And you know that the CDs were found in different floors and in different places, different rooms?
KIMBERLY MEDER: Yes.
MS. MENNINGER: None of the photos that you've been talking about, to your knowledge, were displayed in the house, right?
KIMBERLY MEDER: I don't recall.
MS. MENNINGER: They just came off of a CD?
KIMBERLY MEDER: I don't recall.
MS. MENNINGER: Well, you've just testified about these CDs and taking the photos off the CDs, right?
KIMBERLY MEDER: Correct.
MS. MENNINGER: Okay. You didn't testify about any photos that were taken off of a wall?
KIMBERLY MEDER: Correct.
(Continued on next page)
BY MS. MENNINGER:
MS. MENNINGER: And all of the CDs, to your knowledge, were seized during the two searches that you were part of; correct?
KIMBERLY MEDER: Yes.
MS. MENNINGER: And that was in July of 2019; right?
KIMBERLY MEDER: Yes.
MS. MENNINGER: As a part of this project, you reviewed a substantial number of CDs; right?
KIMBERLY MEDER: Yes.
MS. MENNINGER: Do you know approximately how many CDs you reviewed?
KIMBERLY MEDER: I do not.
MS. MENNINGER: A hundred?
KIMBERLY MEDER: There were probably hundreds, yes.
MS. MENNINGER: And on those hundreds of CDs, there were thousands of photographs; right?
KIMBERLY MEDER: Collectively, yes.
MS. MENNINGER: There were more than 10,000 photographs; correct?
KIMBERLY MEDER: I don't know specific numbers.
MS. MENNINGER: Your Honor, may I approach the witness? Actually, if we can just show the witness and the Court, and I'll alert counsel to the number, 3531-12.
MS. COMEY: We don't have it yet.
MS. MENNINGER: I have a hard copy.
JUDGE NATHAN: Okay.
MS. MENNINGER: May I approach, your Honor?
JUDGE NATHAN: You may.
BY MS. MENNINGER:
MS. MENNINGER: Ms. Meder, do you recognize the handwriting on 3531-12?
KIMBERLY MEDER: Yes.
MS. MENNINGER: Is that your handwriting?
KIMBERLY MEDER: It is.
MS. MENNINGER: Are these some of your notes that you took when you were doing this photograph review?
KIMBERLY MEDER: Yes.
MS. MENNINGER: And if you could just look at a couple of the pages and tell me whether it refreshes your recollection about the number of photographs that you reviewed.
KIMBERLY MEDER: Yes.
MS. MENNINGER: Can you tell the jury now about how many photographs you think you reviewed?
KIMBERLY MEDER: Several thousand.
MS. MENNINGER: In one set, there was more than 20,000, is that right, on page 2?
KIMBERLY MEDER: I'm not seeing the 20,000.
MS. MENNINGER: In the box in the middle of the page on page 2, it's on the backside.
KIMBERLY MEDER: Yes.
MS. MENNINGER: On another set, there was somewhere between four and ten thousand; is that right?
KIMBERLY MEDER: Yes.
MS. MENNINGER: And in another set, there was about 18,000, on page 4?
KIMBERLY MEDER: That might have been the total.
MS. MENNINGER: Okay. So not the four to ten, but the eighteen?
KIMBERLY MEDER: Correct.
MS. MENNINGER: So eighteen and twenty thousand in a couple different sets that you have reflected in these notes; right?
KIMBERLY MEDER: Yes.
MS. MENNINGER: And you remember it took a substantial period of time for you to go through all those photographs; right?
KIMBERLY MEDER: Yes.
MS. MENNINGER: Your job was to copy the photos from the CDs to the computer and then to review them; right?
KIMBERLY MEDER: Yes.
MS. MENNINGER: You don't have any personal knowledge of how the photos got onto the CDs, for example?
MS. MENNINGER: You don't have any personal knowledge of who took the photos that you've been talking about; right?
KIMBERLY MEDER: Well, in some of the black binders, there are initials written on the bottom of pages.
MS. MENNINGER: But you don't know what those initials mean from personal knowledge; correct?
KIMBERLY MEDER: You can infer based on how they were labeled on the disc.
MS. MENNINGER: You don't have personal knowledge, do you?
MS. MENNINGER: You don't have personal knowledge about when these photos were taken; correct?
KIMBERLY MEDER: On the disc, there are dates labeled.
MS. MENNINGER: But you don't know if those dates are accurate from personal knowledge, do you?
KIMBERLY MEDER: I'm not a computer expert, so I wouldn't be able to confirm it, but they are written on the CDs.
MS. MENNINGER: There are notes on the CDs and you don't know if they're accurate; correct?
KIMBERLY MEDER: Correct.
MS. MENNINGER: You don't know whether the photos were altered by anyone before they went onto the CD?
KIMBERLY MEDER: Correct.
MS. MENNINGER: You don't know whether those photos on the CD were simply sent to Epstein or someone else and then captured on a CD; correct?
KIMBERLY MEDER: Correct.
MS. MENNINGER: You don't know whether any of those photos are a correct and accurate representation of any particular fact; correct?
KIMBERLY MEDER: Correct.
MS. MENNINGER: No further questions. Thank you.
JUDGE NATHAN: Ms. Comey.
MS. COMEY: Briefly, your Honor. Thank you. May I inquire?
JUDGE NATHAN: You may.
REDIRECT EXAMINATION BY MS. COMEY:
MS. COMEY: Ms. Meder, you were mentioning some initials that you saw on the black binders. Could you tell us what you saw?
MS. MENNINGER: Objection. It's hearsay, your Honor. The labels on the binders are hearsay.
MS. COMEY: I'm just asking her about the initials that were elicited during cross examination.
MS. MENNINGER: I did not elicit the hearsay, your Honor. I elicited that there were initials and not what they were, because she just testified she does not know whether those initials are accurate.
JUDGE NATHAN: Sustained.
BY MS. COMEY:
MS. COMEY: You also mentioned that you saw dates on CDs. Could you tell us what dates you remember seeing on the CDs you reviewed?
MS. MENNINGER: Same objection, your Honor.
JUDGE NATHAN: Sustained.
MS. COMEY: No further questions.
JUDGE NATHAN: Thank you. Nothing further, correct, Ms. Menninger?
MS. MENNINGER: Not for this witness. Thank you.
JUDGE NATHAN: Ms. Meder, you may step down. You are excused.
(Witness excused) Ms. Comey, the government may call its next witness.
MS. COMEY: Your Honor, may I retrieve our exhibit?
JUDGE NATHAN: Yes.
MS. POMERANTZ: The government calls Stephen Flatley.
JUDGE NATHAN: Stephen Flatley may come forward. STEPHEN FLATLEY, called as a witness by the Government, having been duly sworn, testified as follows:
JUDGE NATHAN: You may be seated. Please remove your mask and state and spell your name for the record.
KIMBERLY MEDER: Sure. It's Stephen, S-t-e-p-h-e-n, Flatley, F-l-a-t-l-e-y.
JUDGE NATHAN: Ms. Pomerantz, you may inquire.
MS. POMERANTZ: Thank you, your Honor.