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please?
Q. After the hitting in the living
room, did you walk to the other room?
A. I don't know.
Q. You don't recall how you got in?
A. No.
Q. Okay. Do you recall, was Miss
also tied up -- withdrawn. Let me ask
it -Going back to the second room that
you were in, the three of you, you testified
that your feet and arms were tied.
Do you recall that?
A. No.
Q. Were your feet tied in the other
room?
A. I don't really recall.
Q. Okay.
A. I know when I was in that room my
feet and hands were tied.
Q. Okay. That's what I was asking.
Okay.
And when your feet and hands were
tied, was Miss
tied in any way?

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Q. Sexually assaulted, you say, with an
instrument.
?
A. I don't recall the exact nature.
Q. Can you describe the instrument?
A. I cannot at this time.
Q. When you say
, was
the
?
A. Yes.
Q. Were any other instruments used on
your body at that time?
A. I can't recall.
Q. Was the instrument used any place
?
A. I don't think so.
Q. Did you -- you said you wanted the
activity to stop and then there came a time
that it did stop, correct?
A. Yes.
Q. Did you say, Stop this, stop this,
or words to that effect?
A. No. There was a verbiage I was
using. I don't recall the exact verbiage at
this time.
Q. Okay.

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A. I don't recall.
Q. Do you recall anything that Miss
said at that time?
A. No.
Q. Do you recall anything that
Mr. Rubin said at that time?
A. No.
Q. After your feet and arms were tied
in the second room, what happened next?
A. I remember feeling pain. I remember
wanting this activity to stop. I remember the
activity stopping after asking several times
for it to stop. I remember going out to the
living room and Miss
remained in the
room with Mr. Rubin.
Q. You said you felt pain. Was that
from being tied up?
A. I don't recall exactly what I was
feeling pain from. I am sure it was a
multitude of things.
Q. What else was happening to you after
you were tied up?
A. I was s
. I don't know.

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A. But I remember there was an exact
verbiage. There was no "stop." I remember I
wasn't able to use certain words at certain
times. I was unable to say certain words at
certain times, yes.
Q. I am sorry. You said a certain
verbiage. Do you mean there was a safe word
you were supposed to use?
A. I guess with my knowledge now,
that's what you would call it.
Q. Okay. So a word to use in order to
stop -A. Yes.
Q. -- if you wanted the activity to
stop.
How had you learned that, what I'll
call a safe word?
A. I remember that was being told to me
before all this had started.
Q. Who told you that?
A. Mr. Rubin.
Q. What did he say about that?
A. I can't really recall exact verbiage
what was said about it. I remember knowing a

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word. I remember being a little confused
about the word. I remember using the word
several times.
Q. So do I understand that before
Mr. Rubin hit you, he told you, we are going
to have a safe word, and he told you what the
safe word was?
A. Yes. And I wasn't exactly clear of
a safe word, but yes. I knew there was a word
that I would be using.
Q. I am using the word "safe word,"
because I think you said that's what you -now you understand that?
A. Exactly.
Q. To be referred to as a safe word?
A. Exactly.
Q. You don't remember what the safe
word was, is that correct?
A. Not at this time.
Q. When Mr. Rubin
, did you
use the safe word?
A. I don't recall.
Q. You don't recall, okay. Do you

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us were you blindfolded?
A. I am sorry, can you repeat the
question?
Q. Sure. Let me ask a better question.
When in the sequence of events that you have
described for us, were you blindfolded?
A. I don't recall.
Q. And when was it in the sequence of
events that you have described did you remove
the blindfold?
A. I don't believe I removed the
blindfold.
Q. Okay. When, in the sequence of
events that you have described for us, was the
blindfold removed?
A. Yes.
Q. When?
A. I don't recall.
Q. Was your mouth gagged at any time?
A. Yes.
Q. What was it gagged with?
A. I don't recall.
Q. It was gagged with some kind of
device, I take it?

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recall what happened -- what happened that led
you to use the safe word?
A. There are times that I remember
these things. At this current moment, I
cannot. It's a little pressing to have my
memory right now of exact events, the exact
moment, the exact time, but I do remember I
had used the word a couple times.
Q. But you don't remember what it was
that you used the word about that caused you
to use the word, is that right?
A. No.
Q. Were you blindfolded?
A. At one point I believe I was, yes.
Q. And then was the blindfold removed?
A. I don't remember.
Q. Well, you said at one point you were
blindfolded, so how was it that -A. Apparently it was removed.
Q. When were you blindfolded?
A. I believe I was already in the room,
the second room.
Q. The second room? When in the
context of events that you have described for

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A. Yes.
Q. Were you able to remove the device?
A. No.
Q. The complaint in this action states
at paragraph 234, "At one point Fuller was
able to remove the gag from her mouth for long
enough to say the safe word."
Does that refresh your recollection
that you were in fact able to remove the gag?
A. Kind of, but I don't think I was the
one that was able to remove the gag. I think
it was done. I don't know exactly how to
answer that question.
Q. Were you able to make noises even
though the gag was in your mouth?
A. Yes.
Q. And you were able to utter words
although they weren't clear, isn't that right?
A. Maybe.
Q. Ma'am, I don't know how to say
"maybe." Do you recall that, or do you know
that you were or were not, or you don't know?
A. I don't know.
Q. Isn't it correct that even with the

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Fuller

, you were
indeed able to utter the safe word?
A. I am kind of confused on how you are
asking me that question.
Q. Let me ask it again. Even when the
gag was in your mouth, is it not correct that
you were able to use the safe word?
A. I was able to make sounds.
Q. And one of the sounds was you could
make the sounds of the safe word, correct?
A. I can't recall.
Q. During the time that Mr. Rubin was
a, what
was Miss
doing?
A. I can't recall. I don't know.
Q. There came a time that you used the
safe word and Mr. Rubin stopped, correct?
A. Can you rephrase that question,
please?
Q. There came a time that you used the
safe word and Mr. Rubin stopped, correct?
MR. GROSSMAN: Objection. You said
the same question when she asked you to
rephrase it, but if you understand it,

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A. Yes.
Q. You didn't use the phone at that
time to call anyone, did you?
A. I can't recall. I definitely didn't
call anybody after that, no.
Q. And you remained in the living room,
correct?
A. Yes.
Q. How long did you remain in the
living room until -- there came a time that
Mr. Rubin and Miss
came out of the
second room, correct?
A. (Nodding affirmatively).
Q. Correct?
A. (Nodding affirmatively).
Q. And how long was that?
A. I can't recall. I can't recall the
exact time. I don't think I had a reference
of time at that moment.
Q. Is there anything that you could
look at that would tell you about how long
that went?
A. No.
Q. There is nothing you can think of as

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you can answer.
A. Can you please rephrase the
question?
MR. ROSENBERG: Sure.
BY MR. ROSENBERG:
Q. How did you come to leave the room?
A. I remember after using the safe
word, I was unbound and I was able to freely
walk out.
Q. And when you walked out, what did
you do?
A. I remember crying and being upset.
I remember the door closing and Miss
and Mr. Rubin remained in the room. I believe
I smoked a cigarette. I believe I was
drinking some more. I know I was upset.
Q. Did you have your phone with you at
that time?
A. Probably. I don't recall.
Q. But probably -- you said "probably."
Is that because usually, like most people, you
had your phone with you or nearby?
A. Yes.
Q. Isn't that right?

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you sit here today that would refresh your
memory?
A. No.
Q. And when they came out of the room,
were you dressed at that time?
A. No.
Q. You had remained naked?
A. I don't recall.
Q. You don't recall, okay?
What happened when they came out of
the room?
A. I remember Mr. Rubin coming and
saying some things to me and having a back and
forth conversation. The exact details I don't
remember. And I remember Mr. Rubin leaving.
Q. How long was your conversation with
Mr. Rubin?
A. I don't recall.
Q. Was Miss
with you during the
conversation?
A. I don't recall where she was.
Q. She didn't leave the apartment,
though, did she?
A. No.

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Q. You said you don't recall the
details of the conversation.
Do you remember anything about the
conversation you had with Mr. Rubin after he
came out of the second room with Miss
A. I am sorry, can you repeat the
question?
Q. Sure. You said you don't recall the
details of the conversation. Do you remember
anything about the conversation you had with
Mr. Rubin after he came out of the second room
with Miss
A. I am sorry. I completely don't
understand the question right now.
Q. Tell me everything you can remember
about your conversation with Mr. Rubin before
he left the apartment?
A. I cannot exactly remember the nature
of the conversation. I remember I was just
upset and I guess I was probably looking maybe
to be consoled a little bit, but I can't
exactly tell you the exact nature of the
conversation, but I need a break soon.
Q. Let me get to the end of something.

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.

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It will be very soon, okay?
A. Okay.
Q. You said you were probably looking
maybe to be consoled a little bit. I take it
Mr. Rubin did not console you, is that fair to
say?
A. Not effectively, no.
Q. He did not effectively console you,
correct?
A. I was -- I remember being upset
continuously throughout that night.
Q. But you don't remember anything that
he said to you at that time, correct?
A. No.
MR. ROSENBERG: Let's take a break
here.
THE VIDEOGRAPHER: Off the record at
13:04.
(Lunch recess: 1:04 p.m.)

Fuller

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Q. And where did you go when you left?
A. I think I stopped somewhere to eat,
and then I went to the airport. I don't
recall which airport.
Q. And where did you fly to?
A. Florida.
Q. When you left did you leave on your
own?
A. Yes, I think so.
Q. How did you get to the airport?
A. I think an Uber maybe. Maybe I took
a train. I can't recall.
Q. But in either case, you went on your
own. You made your own arrangements to get
there, is that right?
A. I think so, yes.
Q. Were you injured by your encounter
with Mr. Rubin?
A. I don't recall exactly.
Q. Well, let me change -- did you
discuss with anyone your encounter with
Mr. Rubin?
MR. GROSSMAN: I caution the witness
not to reveal anything she has discussed

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with her attorneys, but other than that
you can of course answer.
A. I'm not exactly sure exactly who I
have discussed things with.
BY MR. ROSENBERG:
Q. Do you discuss with anyone your
encounter with Mr. Rubin, other than your
counsel?
A. I think so, yes.
Q. With whom?
A. I can't recall.
Q. Can you give me any idea of who the
persons might be with whom you spoke about it?
A. I can't recall at this time.
Q. Do you recall what you said?
A. No.
Q. When you were in Mr. Rubin's
apartment, did you call for any medical
attention?
A. No.
Q. Did you call the police or to get
help in any other way?
A. No.
Q. After you left Mr. Rubin's

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suffered injuries to your legs.
Do you recall that?
A. Unspecifically.
Q. I am sorry?
A. Unspecifically.
Q. What does that mean?
A. I am not exact -Q. What does unspecifically mean in
this context?
A. I am not exactly sure at this time
exactly what.
Q. Is there anything you could look at
that would assist your memory to recall what,
if any, injuries you suffered?
A. Perhaps.
Q. And what would that be?
A. Photographs or exactly what I said.
I don't remember everything.
Q. Were there any photographs?
A. I don't remember if I took
photographs or not. I do know that there were
-- I did have pictures shortly after that
time. I don't know in what nature they were.
I don't remember.

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apartment, did you ever call the police about
this incident that you had had with Mr. Rubin?
A. No.
Q. Did you ever seek any medical
attention?
A. No.
Q. Your complaint alleges that you
suffered certain injuries.
Do you have any -- what injuries did
you -- well, withdrawn.
Do you have any photographs of any
injuries?
A. Not that I can specifically recall
at this time.
Q. Do you recall taking any pictures of
any injuries at the time?
A. I don't recall.
Q. Do you recall what the injuries
were?
A. I don't recall exactly.
Q. Do you recall what part of your body
the injuries were?
A. I don't recall.
Q. Your complaint alleges that you

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Q. Okay. You say, "I did have pictures
shortly after that time, although I don't know
in what nature they were."
Can you tell me, what were they
pictures of?
A. I was in Florida. I was hanging out
by the pool and stuff like that. So selfies
and whatnot. Other than that I cannot really
specifics.
Q. Okay.
A. Photo taking.
Q. Okay. But you didn't make a point
of taking a photograph of a particular injury,
I take it, is that right?
A. I can't recall taking specific
photos, no.
Q. Do you recall any discussion you had
with Miss
about the incident?
A. No.
Q. Did you ever talk with Miss
about the incident?
A. I believe so.
Q. When did you come to talk with her
about the incident?

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