Court begins with an immediate sidebar which is redacted from the transcripts. After a discussion the jury is brought in and the judge explains an alternate juror was sick and they would adjourn for the day. The attorneys still have some things to discuss, however.
A discussion starts by assistant U.S. Attorney Moira Penza. She says some materials have to do with things recovered during a search warrant at Nancy Salzman’s home at 3 Oregon Trail when Raniere was arrested.
Says this includes electronics, more than half a million dollars in cash, financial dossiers. Says these financial dossiers include Edgar Bronfman Sr., reporters, lawyers, federal judges.
Penza says the government intends to introduce these as evidence of the enterprise and how they gathered information on their enemies. Penza says the government intends to introduce these as evidence of the enterprise and how they gathered information on their enemies.
Penza says the emails demonstrate the “covert mission” to gather documents on enemies of NXIVM. Says there has been no agreement on authenticity. Says some dossiers are on political operatives including Steve Pigeon and Roger Stone.
Other “enemies” investigated include: Edgar Bronfman, Rick Ross, the TU, Toni Natalie, and more. Agnifilo is raising concern with this, argues it should be presented in front of Kristen Keeffe as a witness, says he wants someone to question about this information on cross.
Agnifilo says “this is not just the type of evidence that can be dumped on a jury’s lap. Penza says the fact that they were found in Nancy Salzman’s house should make them relevant and they should be admissible. Agnifilo says there’s no hearsay exception.
Claims the prosecution is making a judgement call not to bring Keeffe as a witness because they are afraid of the cross. Penza says they have a witness who will testify to the materials. Says defense is also scared to call Keeffe because “the defendant tortured her.”
Agnifilo argues all this information was fed fraudulently to Keeffe, so who will testify to that. Penza calls this “a total red herring.” Agnifilo also bringing issue with the task force officer who prosecution says will be testifying to the materials.
Judge says this is an easy determination for the jury if the boxes were found in Nancy Salzman’s basement. Says he needs to think about it. Penza puts on the record that these were given to defense in discovery. Agnifilo says he did not know until 1 a.m. that morning.
Agnifilo brings issue again with having no one to cross examine about the documents. Agnifilo says he’s not ready to do this with the next witness. Penza says there are also some other emails she plans to introduce. Agnifilo raises same hearsay issues.
The judge says he will review. Court adjourned for the day.
