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Nxivm prosecutors got one last shot at Keith Raniere before the jury starts deliberating

[Mark Lesko]

Dianne Lipson was in court Tuesday afternoon as the prosecution rebutted the closing argument of Keith Raniere’s attorney Marc Agnifilo. Speaking for the prosecution was assistant US Attorney Mark Lesko. Here’s her impression of what occurred. Jury deliberations start Wednesday morning.

Mr. Lesko addressed the jury:

Thank you for your attention. This is an important trial.

There’s no dispute that Keith Raniere knew the inner circle of DOS. They revered him. They worshiped him. Keith was part of DOS. That is no longer in dispute. Time and time again Mr. Agnifilo attempted to distract you from the evidence. Mr. Agnifilo does not want you to focus on the evidence. He says ‘I think this’ or ‘I think that.’ What he thinks is irrelevant. It’s what you think that matters. There’s a mountain of evidence. What Mr. Agnifilo says is not evidence. It’s speculation and theory, but it’s not evidence.

Mr. Agnifilo only attacks Daniela. Daniela testified for five days in excruciating detail. It’s your job to evaluate if she’s telling the truth. You will conclude it’s reliable and backed up by other witnesses. Each witness is specific about what happens to them and it all fits together. Think of Lauren’s testimony about Daniela. It creates a tapestry.

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Mr. Agnifilo asks about a common purpose. Later he answers that question. Keith made Lauren’s life possible. He made it possible for everyone. The enterprise was not Nxivm and DOS. The enterprise was to promote Keith. Promoting Keith gave them increased power. We do not have to prove a common purpose of Nxivm and DOS. The inner circle is the enterprise. Mr. Agnifilo got it wrong. Keith was the Vanguard, the Grand Master. Every single decision went through him.

On racketeering count 1, identity theft of Ashana Chenoa, Mr. Agnifilo argued that Daniela made the fake ID. Where is the evidence for that? Daniela testified that Keith phoned her about coming across the border with a fake ID. Danila was terrified about the border crossing. Her heart was thumping. Ashana Chenoa was a real person. It doesn’t matter that the fake Sheriff’s ID uses the first name of Lisa. It’s the same last name and the same date of birth. Keith led the plan. A fake ID used for a border crossing is not like a teen buying beer. It’s safe to infer that the idea to use Chenoa’s identity was his.

Keith went to great lengths to get Daniela across the border. He sent two trusted associates, Kristin Keeffe and Kathy Russell. Russell later used this as leverage. After that blast of adrenaline on crossing the border, it’s understandable that what happened afterward is sort of like a blur.

The Keeffe theory, the idea that Keeffe acted on her own and was a mastermind; You know it’s not true. Kristin Keeffe is not a free agent. Raniere is like a crime boss. He gave orders for others to execute. Kristin Keeffe did not do anything without running it through Raniere. Keith was the decider. Keith had the last say in making all the decisions.

Daniela spoke of the process in the morning at Flintlock. Keeffe comes down in her bathrobe, and discusses legal matters with Raniere. Keeffe didn’t do anything without Raniere. Keeffe reported everything to Raniere.

Regarding Racketeering charge 5, the keylogging, Mr. Agnifilo talked about Edgar Bronfman, James Loperfido, and Mariana. Loperfido’s emails were monitored because of his association with Mr. O’Hara. Why is this important? It is important because Clare was involved. Clare was Keith’s piggybank. Clare gave millions.

The reason for hacking Edgar Bronfman was simple. Edgar Bronfman called Nxivm a cult.

Danila reported to Keith when she learned how to keylog. She taught herself how to do this. Right from the start, this is a Keith operation.

I don’t understand what Mr. Agnifilo said about the keylogging of Mariana. ‘He was doing it. She was doing it.’ It’s like he had quasi permission to access Mariana’s Facebook account. Does that make any sense to you? If she gave permission to Keith to access her Facebook, she would have given him her password. There is no evidence that Mariana gave Keith authority to hack into her email account. Keith received from Daniela, information from Marina’s keylog. This is a defendant operation.

Racketeering count 6, the altered videotape. Mr Agnifilo says Vicente did not know that the tapes were about a lawsuit. Mr. Agnifilo grossly mis-characterized Vicente’s testimony. Vicente testified that when he said he can alter a tape, Keith said, ‘Oh, that’s good. The legal department wants something removed. It has to do with a case involving patents.’ Vicente only found out later that this had to do with the Franco lawsuit. But he know it was a lawsuit. He thought it was a patent case. Agnifilo tried to say that Vicente confused this project with another project. But the digitization project happened later in time.

Regarding the use of Pam’s credit card, Mr. Agnifilo said Keith was doing what he had always done. This is not true. He always used other people’s money. He did that in order not to pay taxes. This time he used a dead person’s money. Dead people can’t give authorization to use their credit card from their grave.

Keith said he didn’t have the money to pay the $400,000 judgement on the Microsoft case. That is a bald faced lie. He told this to a federal court when he had half a million hidden in Nancy’s home.

Loperfido testified that the ultimate goal was zero taxes. Loperfido told you about the film he screened on V-week, which he was concerned about.

Keith did this to maintain the appearance of having no assets, while he lived an expensive lifestyle.

Racketeering Charge 8. When it came to Daniela, it was always about work. Before she went in the room, she did book reports, keylogging, documenting of Keith, organizing the library. Work, work, work. When she gets put in the bedroom, it’s still about work. She has to fix her issue. She writes and she writes and she writes. Daniela was often in fear. Of law enforcement, of having no papers, fear that she would lose her family. When she finally left, and was in Mexico, she went back to work. She needed to do book reports in order to get her papers. She’s back in the cycle of work.

Mr. Agnifilo says Daniela was playing games. Keith said it was Danila who was playing games. By saying Daniela was playing games, Mr. Agnifilo is blaming the victim. Keith has to convince everyone that what he was doing was right.

Mr. Agnifilo accused Daniela of stealing. Didn’t Keith accuse Daniela of stealing? She admitted to other things, why would she lie about this?

Mr. Agnifilo argued that it was just a family matter, that the father was involved. Is there any doubt that Keith had total control over this family? We listened to the tape where Keith manipulated Daniela’s mother, comparing what Daniela did to killing a child.

This father sent his young children, [Camila and Adrian], to Albany without sending an adult with them. Camila was having a sexual relationship with Keith. Is this an involved father? Danila in the room was a project assigned to Lauren. Lauren said about Daniela’s father, that the father is an incredibly weak personality. This wasn’t led by the father. It was led by Keith. Lauren reported to Keith. Keith told her to keep it a secret. Did Keith express concern about the family? Yes. Lauren testified that Keith thought the family was interfering in the project.

Lauren testified that she went to Keith to ask if Daniela could go to the dentist. Daneila was in pain. Lauren testified that she waited 6 weeks before taking Daniela to the dentist because ‘I wouldn’t take her until Keith said it was OK to go.’

Lauren says that Hector [Daniela’s father], asked if the family could write her letters on her birthday. Keith was in complete control, as always.

Regarding the emails from the immigration lawyer, Daniela had no option to use this lawyer. The emails are about Adrian and Camila.

In another misleading argument, Mr. Agnifilo called Daniela slick. He pointed to the abortion clinic, that Daniela said she was visiting from Mexico. Pam Cafritz was the fixer. Pam was there to make sure nothing bad happened, to make sure there were no red flags. Daniela was left to endure the abortion alone.

Mr. Agnifilo says that the sex in DOS was a small amount. How do you know that? There are a lot of photos. Daniela told about sex with Keith. She provided him with oral sex 2 or 3 times a day. That’s 1400+ incidents of oral sex. There’s a lot of sex going on here.

Mr. Agnifilo made an argument that I don’t understand about attraction. Nicole was not attracted to Keith. Jaye was not attracted. What, about the vagina shots, was meant to be attraction? Is the dungeon about attraction?

Mr. Agnifilo talked about changes in perception. There was not a change in perception. There was a change in perceived control. Nicole and Sylvie having sex with Keith, they knew that was wrong. Jaye knew that was wrong. Even Lauren, about the group sex in Mexico, she didn’t want to do that. She knew it was wrong.

Agnifilo spoke about Frank Parlato. But this doesn’t matter. The sex trafficking happened when it happened.

Mr. Agnifio says it was all about trust. Then why the blackmail material? Why the naked photos and the letters? Why is that needed if it’s about trust.

Agnifilo tells the story about the father who makes his son study more. What if you are the son, and the father performs oral sex on you? It’s illegal.

Agnifilo talks about communications between the victims and Keith, after the sex. From a psychological perspective, the expert witness said that the process of exiting such relationships takes time.

Mr. Agnifilo talks about the SOP group being the best evidence about DOS. SOP was a men’s group. Better evidence is Keith’s chats with Camila, where he tells her, “I think it would be good for you to own a f—toy slave for me, that you could groom, and use as a tool, to pleasure me…” Better evidence is the recordings where Keith is talking about branding, sacrifice, that they should ask to be branded. You heard Keith say that.

Agnifilo says Lauren broke up with Keith on the stand. This is serious business. What Lauren did was not breaking up. It was testifying under oath.

Pam was dying, Pam provided women for Keith. Pam is not going to be around anymore. What does Keith do? He leveraged his manipulation to create an organization that would serve up sex partners. He didn’t have Pam. So he used lies, extortion, and collateral. Collateral is what caused Nicole to be strapped to the table.

Mr. Agnifilo admits Keith’s connection with DOS. He said that Keith is not the CEO of DOS. I agree. He was the Grand Master of DOS. Keith was the supreme being.

DOS was created before Camila. Not for Camila.

Mr. Agnifilo argues that DOS was not created for sex. If DOS was not created for sex, what was going to happen in the dungeon? Were they going to knit sweaters in the dungeon?

Mr. Agnifilo say Rosa Laura did not have a relationship with Keith. Rosa Laura is a first line DOS slave. From Rosa Laura’s email to Keith, “Hello M [Master], I fear I may be affecting Lauris and your possibility for succession. . . . I am being a crappy sl…[slave]. I am 100% clear that you are what I want for my daughter (and obviously for myself.) Keith was on the hunt for a successor [to Camila]. Rosa Laura’s daughter was underage. Rosa Laura is serving up her daughter to have sex with Keith.

Sex was not with Allison Mack’s slaves only. Sylvie was Monica’s slave, not Allison Mack’s slave.

Mr. Agnifilo said that Keith was not abusive. What courtroom has he been in for the last few weeks? Keith was physically, sexually, and psychologically abusive. The expert witness talked about a coercive dynamic. The level of manipulation, coercion and lying is astounding. We are not in Korea. We are in Clifton Park.

Agnifilo described Nicole leaving. He said it was nice. Keith asked ‘will I see you again? Will I speak to you again?’; Mr. Agnifilo left out one part, when Keith asked for the money back. Keith gave her that money so she could be a sex partner.

After Nicole was on the table, she told Allison Mack. She was not keeping it a secret. Mr. Agnifilo said that after Nicole was on the table, her emails were less dark. He forgot to tell you about when Nicole was weighing her options. One option was witness protection. Another option was suicide. Agnifilo suggested that the table, somehow “worked,” that it was strong medicine. That’s not medicine. That’s a sex crime.

Mr. Agnifilo is arguing that Nicole wanted it. That it was good for her. Don’t let him do that in this courtroom. She didn’t want that.

Mr. Agnifilo says that Nicole and Jaye “just left,” no repercussions. Nicole left when everything was unraveling with DOS. Things were falling apart. DOS was falling apart. Do you know what didn’t happen? None of them got their collateral back.

You know the release of collateral was discussed. Lauren testified to that.

I expect the judge to explain that for a commercial sex act, a thing of value might not be financial. Things of value went to people in DOS. Allison Mack getting paid for The Source, was contingent on India doing the assignment. Nicole got money. First line slaves craved access to Keith. Access to Keith meant increased financial benefit. Vicente said he was told Keith’s time was worth $100,000 an hour. Jaye expected to start a T-shirt company.

DOS was a pornography machine. Nude women posed just like Keith liked them, vaginas exposed. So Keith could add them to his pornography collection. That pornography had value to Keith.

There is no doubt that the two dates on the V[for Virgin Camila] folders on the hard drive were November 2, 2005 and November 26, 2005. The dates correspond to the folder names. FBI agent Booth testified that the exif data is extremely reliable. The exif data shows the ‘created’ date, for example November 2, 2005, and that it was from the camera in Keith’s library. The hard drive was in Keith’s library.

The argument that all racketeering acts are for a common purpose, that’s not the law. The judge will say that the law says that a relationship may be established that the defendant is able to commit acts due to his position in the enterprise.

By having her work as Nancy’s maid, Keith isolated Camila. This gave Keith access to her. At the time of the photos, Camila was a virgin. A member of her family brought her here to work in the community. That undercuts Mr. Agnifilo’s argument.

Use your common sense. Think about what’s reasonable and what’s not reasonable. Look at the evidence and the law.

I ask you to think about 5 places.

1. The basement of 7 General’s Way, Allison Mack’s home. Allison Mack tells Jaye her assignment. Allison says “You’re celibate anyway. What’s the big deal?” When Jaye pushed back, Allison said ‘this will cure your sex abuse issue.’ Allison said, “I give you permission to enjoy it.” Jaye testified, ‘The walls were closing in on me.’

2. 2 Flintlock. Sylvie was asked to take all her clothes off and lay on the dirty sheets. Keith had oral sex with her. She had not yet had sex with her husband.

3. 12 Wilton. Daniela in the bedroom, unraveling. Deciding to commit suicide. The loneliness, the despair. Writing letters day after day after day.

4. 120 Victory. Nicole blindfolded. Forced to undress. Lying on the cold table, her legs strapped to the table. She realizes someone else is in the room. Keith questions her on her sexual history.

5. 8 Hale, where Keith stored Camila’s child photo. After he took her innocence. She wasn’t adult-like. She was a child. He did that to that child.

We have reached the time when this man is held responsible for his crimes. Not because I say it. Not because the prosecution says it. Because the evidence says it. Find the defendant guilty. Because he is guilty.

Judge Garaufis charged to the jury this afternoon. Deliberation will start Wednesday at 9 a.m.

End of Day 25.

 
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Posted by Tony Ortega on June 19, 2019 at 03:45

E-mail tips and story ideas to tonyo94 AT gmail DOT com or follow us on Twitter. We post behind-the-scenes updates at our Facebook author page. After every new story we send out an alert to our e-mail list and our FB page.

Tony Ortega is a journalist who was formerly the editor of The Village Voice. He’s written about Scientology since 1995, and in May 2015 released a book about Scientology’s harassment of Paulette Cooper titled ‘The Unbreakable Miss Lovely,’ and more recently a compilation of his stories, ‘Battlefield Scientology.’ He continues to monitor breaking developments in the Scientology world, as well as other subjects at The Underground Bunker. You can reach him by sending him a message at tonyo94 AT gmail.com (Drop him a line if you’d like to get an e-mail whenever a new story is posted.)

 

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