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2019 Federal TrialtranscripttranscriptSylvie — Direct (Part 2) - Day 1 - 2019 Federal TrialSylvie continued describing her dependence on Bronfman, training with Raniere, and collateral demands in the Master/Slave project. The judge deferred consideration of a defense mistrial request.
Moira Kim PenzaMarc AgnifiloNicholas G. GaraufisSylvieMS. PENZASylvieTHE COURTMR. AGNIFILOdirectsidebar
9 pages·1 witness·1,386 lines
Opening statements offered competing accounts of Raniere’s intentions and DOS. Sylvie began testimony about NXIVM, collateral, and unwanted explicit photographs. The defense sought a mistrial over selective use of first names; the court required a written naming proposal without expressly ruling on the motion.
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DirectDirectSylvie — Direct (Continued) Sylvie Moira Kim Penza

DIRECT EXAMINATION BY MS. PENZA: (Continued.)

MS. PENZA: Good afternoon, Sylvie.

SYLVIE: Good afternoon.

MS. PENZA: When we last left off, you were describing your first -- your first in-person interaction with Keith Raniere; is that right?

MS. PENZA: And in addition to what you already told us, was there anything else you noted about him or the way he interacted with other people?

SYLVIE: Well, I think -- I may have already said this right before lunch, I'm sorry if I'm repeating myself, but he is very touchy-feely and he was kissing a lot of the women on the lips, so that definitely stood out to me. And there were -- yeah, there were women there -- there were a lot of women there, to be -- like, I don't really know if I've said -- what else I've already said, but those were the things that really stood out to me.

MS. PENZA: At that time, did you know anything about his relationship with any of those women?

SYLVIE: No. Not at that time, no. I mean, there were women in particular that I think that he was closer to, but I didn't have any background information on that at all.

MS. PENZA: Who were the women that you observed him being closer to?

SYLVIE: Marianna -- Marianna.

MS. PENZA: Yes. I'm sorry, thank you. We are only going to use her first name.

SYLVIE: Perfect.

And Pamela Cafritz.

MS. PENZA: You can use her last name.

Do you see Keith Raniere in the courtroom today?

SYLVIE: Yes (indicating).

MS. PENZA: Can you please identify him by a piece of clothing that he's wearing?

SYLVIE: He's wearing a -- I think I would call it grainy brown jumper.

MS. PENZA: Your Honor, may the record reflect that the witness has identified the defendant as Keith Raniere?

BY MS. PENZA:

MS. PENZA: Now, how long did you stay -- we were talking about you were in the United States on a tourist visa. How long did you stay in the United States on that visa?

SYLVIE: I stayed up to -- I would say it was about three months because I left in the middle of December for a family party.

MS. PENZA: And what was the -- was there an understanding that you would leave for that party?

SYLVIE: Yes. I had spoken to Clare before I left about me coming back but leaving for this party for sure.

MS. PENZA: And where did you go?

SYLVIE: I went to Brussels for my -- I think it was my uncle's either 60th or 70th -- it must be 60th because he's not that old.

MS. PENZA: And had there been a discussion about you coming back?

SYLVIE: Yes. I had a return flight and it was for between Christmas and New Year.

MS. PENZA: And was there -- at that time, was there any discussion about your horse?

SYLVIE: Yes. So I had proposed to Clare -- by that point, I think Clare had been happy with my work and I had proven myself to a certain extent, and I proposed to her that she -- that I bring my horse over from England and that she help pay for that and that I would somehow work it off. There was a proposal that I would work for her that would include her training me as a rider with my own horse at her property.

MS. PENZA: Why was it important for you to have your own horse over in the United States?

SYLVIE: Because if I had my own horse, I felt like it guaranteed me the opportunity to compete because it was my horse and I didn't need to be dependent on her for her, you know, giving me the ride on one of her own, so it was much more likely that I could continue my path as trying to become a professional rider.

MS. PENZA: Did you end up returning to the United States when you had intended to at that time?

MS. PENZA: What happened?

SYLVIE: I went to the airport to get the flight and I was asked questions at the -- the bit that you always get asked about where that sort of -- who packed your bags and that kind of thing, and I think they asked me my intentions on staying, and I didn't feel comfortable going without a visa and so I didn't get on the plane.

MS. PENZA: What did you do after that?

SYLVIE: I went back home. I think my dad probably took me. We went back and I told Clare what had happened and --

MS. PENZA: How did Clare react?

SYLVIE: I feel like she was disappointed because it was, like, not what was planned.

MS. PENZA: Did she ask you any questions?

SYLVIE: Yeah. I think she was asking me, like, what happened specifically and I felt -- I sort of felt guilty about the fact that I didn't get on the plane, but I also hadn't felt comfortable about getting on the plane, so I felt in an awkward position.

MS. PENZA: Did you eventually get another type of visa?

SYLVIE: Yes. She, first of all, employed a lawyer to try and get me a professional athlete-type visa, but I didn't have enough athletic credentials or I wasn't professional enough to qualify for that one, so eventually we found another kind of visa that I was suitable for which was the J1 visa.

MS. PENZA: What was your understanding of what that visa is for?

SYLVIE: It's used for people to -- they call it -- I think they called it a training visa and I went through an agricultural organization, it's called Communicating for Agriculture, I think, and basically it's like you're an apprentice with a professional and they train you and they provide you with housing and an allowance and you work for them and also train under them in your chosen field, which was a question for them and show jumping more specifically.

MS. PENZA: Were you expecting to participate in some sort of training with Clare -- with Clare Bronfman?

SYLVIE: Yes, definitely at that point, because my horse had also flown out there. So my horse flew out there I would say January or February, so yeah, that was a hundred percent my understanding.

MS. PENZA: And had you discussed with Clare any specific plans about riding?

SYLVIE: Well, we had --

MS. PENZA: Specific shows or anything?

SYLVIE: She had -- the plan that I understood is that we were either going to go to -- I think it was Florida, where there's a -- there's a long professional horse show, or there's one in Spruce Meadows, Calgary, that she had been to previous years multiple times before, and that was sort of the one on the schedule that we were aiming for, so I was hoping that I would be competing at Calgary or Spruce Meadows that year.

MS. PENZA: Did you end up getting the J1 visa?

MS. PENZA: Approximately when did you return to the United States?

SYLVIE: It was March 20 -- no, 2006.

MS. PENZA: What happened once you arrived?

SYLVIE: Not long after getting there, things -- like, I don't really know how long into me being back it was, but things were really starting to fizzle out on the riding front for Clare, even more than they had before, so she wasn't coming to the stables so much and it was really just me and Katie a lot on our own. She was -- she taught me a bit with my horse Peggy, and so I had some training with her, but things had changed even more so than they had before and, yeah, she was doing some different weird things with the horses that I hadn't seen before, like some new practices in the way that she was riding, and she just wasn't coming as frequently.

MS. PENZA: Can you explain a little bit more about her own training program and what you understood about that?

SYLVIE: Well, I understood at that point that her -- that Vanguard or Keith Raniere was her train -- her horse-riding trainer at that point and was overseeing her training -- well, she didn't have a trainer, like he was her mentor I think she referred to him as, and so she started doing some different things with the horses that I hadn't say seen at the other professional place that I was riding. Like she was riding the horses bareback and doing a lot of things just very different to what I had seen before in the professional world.

MS. PENZA: Did the defendant ever come to the farm?

SYLVIE: Not that I remember in that time, apart from if there was a party or something like a community party that would be held out there, but that was social and related to NXIVM.

MS. PENZA: Do you know whether the defendant has any experience with horses?

SYLVIE: I don't believe so, not that I know of.

MS. PENZA: So do you have any understanding of why, then, he was training Clare Bronfman in horse riding?

SYLVIE: No, but I mean the way that he was always presented to me, and I think to others, is that he was like one of the most intelligent men in the world and like that he had the highest IQ or scored the highest IQ on some kind of test, and that he had been an athlete and he had been a musician and he had been this, that and the other type thing, so he was presented as like extremely talented in everything really and able to teach anyone in anything.

MS. PENZA: At that point in time, what did you think about the way the defendant was being presented within this community?

SYLVIE: It was still weird to me, but -- but so many people kind of were reaffirming it all around me. The -- yeah, that I would kind of -- I was like, um, okay. You know, like trying to come to terms with that, I guess, because there wasn't anyone saying that that wasn't true, if that makes sense.

MS. PENZA: At this point in time, when you're there on the J1 visa, do you start becoming more involved in the community?

SYLVIE: Yeah. I became a coach during that time or if -- yeah, I think it was during that time, and I ended up taking another intensive class or -- I'm not sure if I called it intensive before, but it's the same, the training -- the five-day, I took the last 11 days, so yeah -- and I was taking ethos, so I became more and more involved I would say.

MS. PENZA: What is ethos?

SYLVIE: Ethos is -- they're these weekly classes or they were held several times a week, or modules, sorry, where you would go and take -- they are not called classes, I keep calling them classes, but they are actually called modules. So you would take a module, but it would be like one module that was from the 16 day or from the 5 day, I think, more specifically.

MS. PENZA: Why did you want to become a coach?

SYLVIE: I knew that -- so Clare was trying to become a proctor at that time and because I was part of her organization, it was sort of important and encouraged that we all move up the Straight Path, and I wanted to help Clare become proctor, so that was a big motivation for me because, you know, I wanted to do a good job for her and do things that would earn me more opportunities. And so that was one of them, in my mind, like if I could become a coach that kind of gave me, you know, another -- another chance to show whether I was, like, committed and that I was committed to my grove with like different terms that were used and so that was a strong motivation for me.

MS. PENZA: And I think you touched upon this briefly before, but the idea of becoming proctor, what were some of the reasons why that was important within the community?

SYLVIE: Well, the thing that was always talked about, at least that I remember, is that's when you could run your own business, that was one thing that was said, and also that you would be able to work with Vanguard is what I remember from that. Like you couldn't -- as a coach, you couldn't have say a business with Vanguard, that was what I understood.

MS. PENZA: At some point, did Clare Bronfman's training of you fizzle out I think is the word you used?

SYLVIE: Yeah. So I don't remember specific conversation about her saying that she was quitting riding, or I don't remember how it went, but she kind of came less and less and less and then eventually she quit riding, so she quit show jumping completely.

MS. PENZA: What did Clare Bronfman quitting show jumping mean for you and for your life?

SYLVIE: Well, I didn't really have -- I didn't have another life path honestly. I didn't have another career planned out, I didn't have anything else that I thought I was going to do with my life or that I had envisioned for myself, apart from being an elite equestrian rider at that time, and there's a lot that I don't remember from that time. It's like a really dark time in my life because I really don't think I knew, you know, like what to do and I don't have really have a sense of my future. I just felt -- yeah, I didn't really remember -- I just remember it was a very dark time for me.

MS. PENZA: Why didn't you leave the United States at that point when Clare quit riding -- when Clare Bronfman quit riding?

SYLVIE: Well, for one, my horse was out there. I think my sister was out there by that point. I didn't really have -- I didn't have a community back home anymore with the horses, I didn't see any other way that I was going to become a show jumper, like I kind of like put all my eggs in one basket in this way. And also, I was only -- I think I was only a few months into my J1 visa, so it -- I just felt very dependent on Clare in many different ways and I just didn't see a future or like where I could go from there.

MS. PENZA: You said it was a dark period of time for you. Did you have any other symptoms of that?

SYLVIE: Yes. So while things were kind of I guess phasing out or fizzling out with the horses, I had started to become -- I slipped back -- I say slipped back into, but I had become very anorexic and I had lost a lot of weight and maybe that's partly why I don't remember a lot from that time, but I was extremely underweight at that time and really all my thoughts were around sort of restricting food and not -- not eating properly and so I just was extremely low in many different ways.

MS. PENZA: And had you been anorexic previously in your life?

SYLVIE: Yeah, I had a bout of anorexia sort of around sort of twelve -- eleven, twelve.

MS. PENZA: When you first came to the United States, were you suffering from anorexia at that point?

MS. PENZA: About how much did you weigh when you came to the United States?

SYLVIE: I didn't weigh myself at the time. I'd say, from looking at pictures, around 120 pounds.

MS. PENZA: Ant at your lowest weight, when you were suffering from anorexia while you were in the United States on the visa, how low did you go down to?

SYLVIE: I think I got down to around 89 or 90 pounds.

MS. PENZA: Can you describe what the -- I think you mentioned it briefly before, but the relationship of food to members of the community?

SYLVIE: Yeah. I'd say, like, pretty much all the women that I interacted with seemed to have some kind of thing they were doing with food, whether it be a diet or a cleanse or eating a specific number of calories. Like I think Clare was raw vegan when I went and she would talk a lot about how she only needed 800 calories a day and that her body was very efficient, and then the other girl that I lived with seemed to have some kind of issue with like binge eating and potentially bulimia, although I never asked her directly. A lot of the women were very, very thin which really stood out to me, I guess from having an eating disorder in the past, like, that was like unnerving to me, but it was very normalized. So these people weren't saying they had a problem with food, it was just like it was normal, and so, yeah, it was -- it was unnerving to me and easy for me to, like, slip back into that kind of thinking.

MS. PENZA: How about cleanses? Was anybody in the community doing cleanses?

SYLVIE: Yeah, there was a lot of people did something that was called the master cleanse, which is where you would like only drink water, I think lemon, and they had a bit of maple syrup in it and cayenne pepper, and then they would also take this herbal blend that would make you go to the bathroom. And so it was -- yeah, a lot of people were doing that frequently.

MS. PENZA: And how long -- is there a set time period that the master cleanse normally lasts?

SYLVIE: I'm not sure if there's an official time period, but I remember people saying like ten days or, like, there were people doing various amounts of time, but I'm not sure if there's meant to be an official amount of days.

MS. PENZA: You mentioned earlier that, before you had come to the United States, you had never heard of calories; is that right?

SYLVIE: Yeah. I mean, I -- yeah, we don't -- we didn't have the same packaging on food and people didn't speak in my house about how many calories someone should or shouldn't eat, like it just wasn't a thing. I don't remember it ever getting towards school, although it probably did at some point in biology, I'm not even sure, but I had not. For whatever reason, I hadn't come across what a calorie was.

MS. PENZA: At some point did you develop what you now think is a like misconception about calories?

SYLVIE: Yeah, definitely. For a while, I believed that you could only eat the number of calories that matched the number that you had burned on a machine at the gym because the girls that I worked with on the horses in the farm used to go to the gym as well and they would take me, or I would go with them, and so I thought if I ran and burned a hundred calories that I could eat a hundred calories. Like that was what I might say my allowance for the day, so I used to try and find -- I started eating bars that would match the number of calories that I had burnt and so, yeah, I didn't really understand what they were for.

MS. PENZA: Were there ever -- did anyone in the community ever make comparisons about their body and yours?

SYLVIE: Yeah. Later on, I -- I used to -- I eventually ended up moving in with Clare and later on she would, at different times, when I had -- I had gained some weight back and I was a bit healthier, but I was still under 110 pounds and I had to check in my weight with her every day, and Keith, but part of it, especially with Clare, she would ask me what my weight was in the morning and then at different times she would be like, oh, I'm lighter than you today and would like make comments about things like that that was very I'd say triggering for me, or it was very uncomfortable for me, and -- yeah, so I found that unnerving.

MS. PENZA: During the time when you were -- during this time period when you were suffering from anorexia, are you also exercising?

SYLVIE: Yeah. I had started running as we quit the riding, so I guess that was like my new athletic outlet, in a way, and so then, yeah, I was running every day basically.

MS. PENZA: And so what happened in terms of your running?

SYLVIE: Yeah, like, how did I get into it type thing?

MS. PENZA: Was there anyone in the community who suggested anything regarding your running?

SYLVIE: Yeah. So as the riding was winding down, we were planned to go to V Week that year, and that would be the first time I went to V Week.

I don't know if you want me to explain what V Week is.

MS. PENZA: I would love you to explain what V Week is.

SYLVIE: I'm sorry, I just realized I started talking about V Week.

So V Week is a ten-day week -- well, it's not a week. It's 10 days where you celebrate Vanguard's birthday and it's called V Week and so, yeah, it's a celebration of Keith Raniere.

MS. PENZA: Let's take one second on that. Where is V Week typically held?

SYLVIE: It was always held, when I went, at the same place which was I think it's called Silver Bay. It's like a YMCA-type hotel in the Adirondacks.

MS. PENZA: Do you know what the defendant's birthday is?

SYLVIE: The 26th of August, I think.

MS. PENZA: And was V Week around that time?

SYLVIE: Yeah, it was always sort of before and after that and that was specifically Vanguard day was his birthday.

MS. PENZA: And so what would happen at V Week?

SYLVIE: Well, people from all the different centers would come to celebrate Keith, so there were different -- like, tons of different activities going on all the time and in the evening there was always sort of entertainment or different kind of tribute ceremonies to Keith from the different centers, or there would be like performances of singers, but it was kind of all centered around the idea of a tribute to Keith and celebrating Keith's work.

MS. PENZA: Did V Week cost money for the people who attended?

SYLVIE: Yeah, it definitely -- I mean, it ranged from -- I think the cheapest way you could do it, if you signed up really far in advance, would be like 1,400 in rustic accommodation, and I think the most expensive could have been like -- I don't know, probably over 3,000 or more.

MS. PENZA: So you mentioned something happened at V Week?

SYLVIE: Oh, yeah. So they were having a triathlon and me and Katie, who -- and Clare were going to train to do the triathlon. I hadn't done a triathlon before, but anyway, so that's how I got into running. I started running and I told Clare that I had done two miles in like 14 minutes, which was -- I didn't know that, but apparently that was quite fast for someone who doesn't run and --

MS. PENZA: And did -- I'm sorry.

SYLVIE: Yeah, so I was just going to say, so I think she must have told at least Pam, or Pam and Keith, because then it was suggested, like, that I come to volleyball and that Pam wanted to film me and they wanted to watch me run. And so, yeah, it became a thing, like, I was good at running.

MS. PENZA: When you say "suggested," what do you mean by that?

SYLVIE: Yeah, I'm sorry, I use that word a lot. But things -- I say things were suggested to you because a lot of the time the language that was used was kind of like you might want to consider doing this, or -- yeah. So I would say there's sort of a lot of language where it wasn't you are being directly told to do something, but you were kind of suggested through, yeah, it might be good for you, or it might be a good idea if you did such and such, or you might want to consider doing blah-blah-blah, and so, yeah, that's where I would use the term suggested.

MS. PENZA: How would you take those suggestions?

SYLVIE: I took them more as directives because I found that, if you didn't do those things, you might be told that you are not upholding yourself. That was a common phrase, or you would get some kind of feedback or further questioning on why you didn't want to do the thing.

MS. PENZA: And so did it end up that you -- that you ran on the treadmill?

SYLVIE: Yeah, I did run on the treadmill at volleyball. I went to ABC Fitness at night, which was where volleyball -- and I ran and I think Pam at least watched me. I'm not sure if she filmed me, I don't really remember, but, yeah, it was like kind of confirmed that running could be a good thing for me because I was good at it.

MS. PENZA: And so then did you compete in the triathlon?

SYLVIE: I did, but I had like a panic attack in the water and I completely -- I didn't finish it, but -- I finished it, but I didn't finish the swim, so I didn't do very well in the triathlon after all.

MS. PENZA: What was the reaction when you did not do very well in the triathlon?

SYLVIE: Well, there had been some kind of -- like, people saying that I was going to win it and stuff before, because I was able to run fast, and so I had felt -- I felt really nervous and a lot of pressure going into it just because I guess I'm a competitive person and I wanted to perform, but then when I failed in the water and I came out, I just felt really ashamed and I felt like -- I was embarrassed and I think Pamela said to me that she thought maybe it's because I was too skinny to be in the water because the water was cold and -- but, yeah, it was kind of -- I was just ashamed and I felt like there wasn't much comfort on the other side, so I was just embarrassed and I felt like a loser.

MS. PENZA: At that point in time, did there start to become more interventions regarding your weight?

SYLVIE: Yeah, I'm not sure directly when, but around that time there were more interventions. Like Pam and Clare came to me and said that they were going to, like, yeah, make -- help me get better somehow, or do something. I don't really remember what the actual conversations were, but they started making me food and I think I went to stay at Sara's, which is Clare's sister Sara Bronfman, for a bit, and then I was staying with Clare. Like there was much more monitoring of me and what I was doing and I needed to start checking in my weight more regularly, which I think was every day, but I'm not sure at that point.

MS. PENZA: When you stayed with Clare, where did you sleep?

SYLVIE: In her room. She had a room in a house in Clifton Park, as well as the farm, and she actually was there way more than she was ever at the farm and she -- I was in her room with her on the floor.

MS. PENZA: And where were your things?

SYLVIE: Yeah, I just had my stuff, like, in a little kind of circle around my bed.

MS. PENZA: Did anything happen next in terms of the community and your weight?

SYLVIE: Yeah. Well, I was kind of lying about my weight to people quite a lot. I was -- like I say, I think really struggling with anorexia at that point and I was pretending I was heavier than I was, or I was doing things to manipulate the number on the scale, so, like drinking tons of water, holding all my possessions and things before I stood on the scale and then reporting that number versus the real number. I kept myself not knowing what the real number was a lot of the time. And then -- I was going to say it was suggested, but some -- somehow I ended up in -- I was told it was a good idea for me to take levels 2A and then level 2B, which are another type of ESP training, and in the first one is called anatomy of mind/body and I don't really remember that one so much, but the second one called breaches of ethics and in that one I had admitted that I had been lying about my weight to the head trainer which was Lauren Salzman.

MS. PENZA: What is an ethical breach?

SYLVIE: I think it's when you -- well, the words that I would say were used in ESP is like if you don't uphold yourself, so -- sorry. I'm just having a hard time thinking how I would describe what that means. I guess it's like not being the person you should be or something like that.

MS. PENZA: And was -- was that type of language used in the community?

SYLVIE: Yeah, definitely, and there were people -- I think if you were a proctor, I think it was a proctor, you even had to -- you had to write like a breach plan, like how you were going to overcome your ethical breach. So it was definitely a thing that was talked about a lot.

MS. PENZA: At some point, did you have a conversation with anyone else about your weight?

SYLVIE: Yeah. I think at some point after I had admitted that I was lying about my weight at that time. I was called to Nancy's office, Nancy Salzman, and she told me that if I didn't get to a hundred pounds -- and I was given I think a two-week period, if I didn't do that, then I would have to leave the community.

MS. PENZA: And did you -- did you take that seriously?

SYLVIE: Yeah, definitely. I was extremely scared by that.

MS. PENZA: Why was that so scary to you?

SYLVIE: Because I didn't really feel like I had anywhere else to go. I didn't have another -- like I say, I didn't have another life plan. I didn't really have any friends anywhere else, I didn't -- I felt so dependent on Clare and I didn't want to leave -- leave the community, so that was a huge motivator for me, yeah.

MS. PENZA: At any time, did anyone in the community suggest that you get professional help for your anorexia?

SYLVIE: No, not that I remember.

MS. PENZA: So what happened after that conversation with Nancy Salzman?

SYLVIE: Yeah, I needed to start checking in my weight to -- at that time, I think it was Nancy, Clare and Keith every day, and my -- a report of what I had eaten, and -- and so -- and my sister needed to come and watch me weigh myself each morning. So I basically just started eating as much as I possibly could because I was going to make sure that I hit that hundred pounds in that time.

MS. PENZA: At some point, did you begin doing daily check-ins?

SYLVIE: Yeah, it was around then.

MS. PENZA: And who would you do those with?

SYLVIE: Keith and Clare primarily, but during that two-week period that I had to get to a hundred pounds, I also checked in with Nancy every day.

MS. PENZA: And I know we are spanning a lot of time, but going forward, did these check-ins continue for that time?

SYLVIE: Yeah, for a lot of years of like checking-in my food and my weight.

MS. PENZA: And how often would you say you skipped a day of checking-in with Keith and -- with Keith Raniere and Clare Bronfman?

SYLVIE: Very rarely. Like, I would say the only times that that would happen is if I felt like I had a really strong legitimate excuse for not doing it, which would be like I once went to Spain with a boyfriend and I didn't want to take the computer just so that I could check-in, and a scale just so that I could check-in my weight. So I feel like that was a time where I didn't do it, but I almost can't remember when I didn't not do it, if that makes sense.

MS. PENZA: While you were on the J1 visa, did you ever go home?

SYLVIE: Yeah, I went home. I think it was Christmas 2006. Yeah, it would have been Christmas 2006.

MS. PENZA: What was the reaction when you planned to go home for Christmas?

SYLVIE: A lot -- I felt like Clare was very anti that idea and so were others, like it was suggested that I get a lot of EM's because they thought it wasn't a good idea for me to go back. I think because I was so thin and it didn't look good. I'm not sure -- that was the impression that I got, anyway.

MS. PENZA: Did you end up going home?

SYLVIE: I did, yeah.

MS. PENZA: How did your family react when you got home?

SYLVIE: I honestly don't remember that much of that Christmas, but I think they were worried about -- well, they were definitely worried about me, but not a lot was said, and that was, I guess, quite common for how we dealt with difficult things at the time. So, yeah, it was a pretty dark Christmas, honestly.

MS. PENZA: Did you then return to the United States?

MS. PENZA: When did your J1 visa expire?

SYLVIE: I think it expired -- I think it expired at the end of September and then I was allowed to stay an extra month and so I stayed through October, like, as part of the visa or it expired in October and I stayed an extra month, but it was around that time of 2007.

MS. PENZA: And did you leave Albany at that time?

MS. PENZA: When you returned to -- did you then return to England?

MS. PENZA: And what did you do once you were there?

SYLVIE: Well, I'm not -- I'm pretty sure it was even before I left there were discussions about getting me another visa and me coming back, so I think really I was kind of in limbo just waiting for that -- you know, like that was being done or directed by Clare for me and I was kind of, I guess -- I don't even remember what I was doing. I think the thing I remember that I was doing like Rosetta stone and trying to learn Spanish kind of -- like I really wasn't doing very much with my days. I think I was still running, but I don't really remember.

MS. PENZA: So were efforts made to bring you back to the United States?

MS. PENZA: Was it -- was there any importance within the NXIVM community of people being in the Albany area?

SYLVIE: Yeah, definitely -- well, and I'd say especially with me, a lot of the time, it was sort of presented to me that it was most upholding of me to be in Albany and that I would sort of lose myself in my indoctrination if I was back in England and, yeah, so it was almost like the best place for me was in Albany.

MR. AGNIFILO: Your Honor, can we have people talking rather than just this passive voice? I just want to figure out who is saying these things.

MS. PENZA: I don't know whether that was an objection or --

MR. AGNIFILO: I'm trying to be helpful.

THE COURT: Do you want to ask her a more specific question about that subject?

BY MS. PENZA:

MS. PENZA: Can you describe who was -- who was talking to you about returning to Albany?

SYLVIE: Clare Bronfman.

MS. PENZA: Did you ever have discussions with anyone else about returning to Albany?

SYLVIE: Right at that time or in general?

MS. PENZA: In general.

SYLVIE: Yes, Keith Raniere.

MS. PENZA: And when -- just kind of as a broad overview, this concept of your indoctrination, can you explain what that was?

SYLVIE: I believe that it was taught in the ESP curriculum or, if not, it was said to me by Keith and Clare at different times that it's like what your family has kind of taught you, or the they use the word programming. I'd say Keith and Clare when I say "they," that it's your programming from your family.

MS. PENZA: And was there --

THE COURT: I'm sorry, the family meaning --

SYLVIE: My -- my mom and dad and, like, they kind of programmed you with the way -- and that's -- you've become a certain kind of person because your family had programmed you, that's like your indoctrination.

THE COURT: Is that a form of criticism or it --

SYLVIE: That's what I understood it to be, like you're just -- because another nickname that they had for me was Sylvie-bot, like I was a robot, and it was like I'm a robot of my indoctrination is the way that I understood it.

THE COURT: And that you were indoctrinated by your family.

SYLVIE: Correct.

THE COURT: And the purpose of this process you were in was to --

SYLVIE: Undo my indoctrina -- like I shouldn't be just living by my indoctrination, like that's a bad thing.

THE COURT: Okay, go on.

BY MS. PENZA:

MS. PENZA: And what were the types of things that were considered part of your indoctrination that you would want?

SYLVIE: For me specifically?

SYLVIE: Like getting married and having a family, like that was told -- that was, like, my indoctrination versus whereas it was presented to me that it was more upholding of me like when I talk about wanting to be an athlete, like that's not in my indoctrination, let's say, would be the way that Clare would speak to me about. It's like it's upholding for me to pursue my running versus like wanting to have a family.

MS. PENZA: How about the defendant, did he ever have those conversations with you?

SYLVIE: We talked about my indoctrination in the context of genus, from what I remember for sure, and about taking the genus tracks. Sorry, this is another ESP training.

MS. PENZA: We will come back to the genus tracks in a little bit.

You said the defendant called you Sylvie-bot; is that correct?

SYLVIE: Yeah, Clare and -- and the defendant, or Keith Raniere, would call me Sylvie-bot.

MS. PENZA: Did the defendant have any other nicknames for you?

SYLVIE: For a short period, at some time I remember him teasing me at volleyball and calling me -- I think it was the Spanish version of piggy, or something related to that, but it didn't last very long, but I remember him calling me something like that.

MS. PENZA: Turning back to efforts -- now, when you were turning back, just to situate us, when you have returned to England after the J1 visa and efforts to bring you back, can you describe more what the efforts were to bring you back to the United States?

SYLVIE: Yes. So Clare and -- I believe she had lawyers -- visa lawyers that she was working with, she had a plan that we could create a company -- or she already had a company name or an LLC or something that was called Athletics, and that I could be made to look like an investor of that company and use the investor visa to come across to the States.

MS. PENZA: When you say "made to look like," what do you mean?

SYLVIE: Well, I didn't obviously at that point have the business credentials or the money to invest in any company, and so we talked about or she gave me the idea that she could buy my horse, like use money that would go into my account and sort of pretend to buy my horse, and then the money from that would go back out of my account into either the business or somewhere else, I'm not sure where it was going back to, but to make it look like I had invested that money into the company and therefore qualify for that visa.

MS. PENZA: Did you -- did this plan come into fruition? Did you take steps towards it?

SYLVIE: Yes, we did.

MS. PENZA: And so can you walk through those steps?

SYLVIE: So the money went from Clare's account into my account to make it look like she had bought Butterfly, my horse, or Peggy is what I would call her, and then the money went back out again and into -- I'm not even sure what account, but another account that was related to either her or Athletics.

MS. PENZA: Did you actually sell your horse to Clare?

SYLVIE: No. I sold my horse to someone else a few years later.

MS. PENZA: At any point after that transaction for the investor visa, did you relinquish ownership of your horse? Did you --

SYLVIE: Oh, sorry -- relinquish, does that mean not have ownership of my horse?

SYLVIE: No, I kept ownership of my horse throughout.

MS. PENZA: And so did this plan work?

SYLVIE: No, 'cause the -- I think they put in an initial -- I say they, Clare and the lawyers put in an initial application that came back saying not -- like that basically there wasn't enough evidence to show that I qualified for the visa and so the idea was abandoned at that point.

(Continued on the following page.)

BY MS. PENZA: (Continuing)

MS. PENZA: During this period of time, what were you, what was your life like in England?

SYLVIE: I wasn't really doing anything from what I remember. I mean, I was -- I think I still had an ESP coach. I'm pretty sure I was running. Like I said, I was trying to fill my days and I was living at my parents', from what I remember.

MS. PENZA: At some point, did you settle in to more of a routine in England?

SYLVIE: Yes. After that visa, after that visa was abandoned, at some point then, I got a job in Bristol and I moved in with my sister in Bristol and I started working as an assistant on marketing, like, a personal assistant, marketing assistant for a company called EthosEnergy.

MS. PENZA: At that point in time, did you have any interest in returning to the Albany area?

SYLVIE: Not then. I was sort of settled, trying to build a life back in the UK.

MS. PENZA: Did something then happen?

SYLVIE: Yes. Me and Clare started talking again about the idea of me coming back and she said -- she gave me the idea that she would help me get a visa to be a student, like, a student visa and doing a university degree which actually did appeal to me because I didn't have a degree and I hadn't finished school and I thought that would be a cool idea.

MS. PENZA: Did that work out?

SYLVIE: No. I went -- I did come and visit and I did, I visited a university and I met, you know, for the interview at the university and was accepted through that, but the visa application got denied.

MS. PENZA: After that visa application was denied, did you take more steps to solidify your life in England?

SYLVIE: Yes. I decided to move to London and I started working for Goldman Sachs.

MS. PENZA: What else was going on in your life at that point in time?

SYLVIE: I started running for the running club in the UK in London and I started to build a new network of friends out there, like, dating. I got a boyfriend. Like, I just started to build my life in England, in London.

MS. PENZA: At that time, were you still doing your check-ins with Clare Bronfman and Keith Raniere?

SYLVIE: Yes, I was still checking in every day and I still had a coach, I think. Yes, I'm sure I still had a coach, so I would speak to my coach once a week and things like that.

MS. PENZA: During that time period, were there any conversations with people about the lifestyle that you were -- were there any conversations with people in the NXIVM community about the lifestyle that you were living in London?

SYLVIE: Yes. Clare used to say things were, like, that she thought I had sort of lost myself in my indoctrination since I started working at Goldman's and I, but they didn't pick up the phone so often when I was doing my check-ins. I wasn't talking to them that frequently, but I did speak to Keith Raniere a few times during that time where he would talk to me about some things that later I thought became curriculum in the Jness Tracks. More specifically, he was talking to me about the idea that women sort of walk around with a checklist looking for a man that they want to marry and they're kind of, like, objectifying men in a certain way being, like, well, does he match this, that and the other, and I started thinking, oh, is that what I'm doing with my boyfriend and I was paranoid about that.

MS. PENZA: What kind of categories of things had you been looking for in a man at that time that would have been considered problematic?

SYLVIE: Well, probably like whether they were, like, financially stable or -- I would imagine the things, I don't know. Like whether -- I'm not sure, really. I don't even know --

MS. PENZA: What I'm trying to understand is what your conception was of this checklist.

MR. AGNIFILO: I'm going to object to her conception of a checklist. It's irrelevant.

MS. PENZA: It's her understanding, Your Honor.

THE COURT: You may answer.

THE COURT: Restate the question, please.

MS. PENZA: When the defendant told you that you were walking around looking for a checklist and that you were asking, you were trying to tick off items on a checklist when you were looking for men, what was your understanding of what these checklist items were?

SYLVIE: Well, I'm pretty sure that he said it more in the way like this is what women do and I assume that meant me too, but I think it was, like, my understanding would have been that I'm just looking at a man as, like, a functional thing versus, like, a life partner. That's what I was -- thought he was alluding to, is, like, just looking at, like, can you provide for me, like, are you going to be a good dad for me to have, you know, are you going to provide me children, like, this kind of a thing.

MS. PENZA: And what was wrong with that?

SYLVIE: I'm not sure but I understood it to be a bad thing to do that at that point. I started to feel like, okay, that's a bad thing, I shouldn't do that.

MS. PENZA: I'd like to turn your attention to 2011. At that time, did you attend the week 2011?

MS. PENZA: And during that V Week, did you have a discussion with the defendant?

SYLVIE: Yes. I was, I was running and competing a lot in that year and I had done, for the Serpentine Club in London and I had gotten some, like, good -- I would say they were decent results. I got silver at the London championships. I had come in 19th in the national cross-country finals. So I was doing well. And I bumped into the defendant while running training early in the morning and we started having a conversation and he suggested that I have a go at becoming an elite runner, so I could quit Goldman's and give it a go, but I wasn't -- it was like a good last chance to do that essentially.

THE COURT: Was this in London that you met?

SYLVIE: No, I went to V Week. That was at V Week that I bumped into him.

THE COURT: And V Week was at --

SYLVIE: Silver Bay.

THE COURT: -- the Adirondacks?

SYLVIE: Correct.

THE COURT: Go ahead.

MS. PENZA: So was there discussion about your current job and what were you doing at that time?

SYLVIE: Yes, that I would quit my job and that he could train me.

MS. PENZA: Were there any specific visions that he mentioned in terms of what you could achieve?

SYLVIE: I was -- well, yeah, he used to say that I could be an elite runner and that I could run, you know, with the best, with the best, like, I could make it to the elite standard. And I wanted to go to the Olympics and I made that clear.

MS. PENZA: And so what was the defendant's role going to be in regards to you being an elite runner?

SYLVIE: My running coach.

MS. PENZA: And did you -- had you ever seen the defendant run?

SYLVIE: Have I? No, I haven't seen him run.

MS. PENZA: So what did you do after that conversation?

SYLVIE: I planned -- I started to plan my quitting my job in London. So I planned to quit in February of 2012 which was, you know, after bonuses and all of that kind of thing.

MS. PENZA: And so what was the plan for what you were going to do?

SYLVIE: Well, I was going to quit. I, I asked Sara Bronfman whether I could work for her and whether she had a job for me and she did because I still wanted to try to earn money obviously to pay for myself so I could be, like, be a runner full time. So the plan was to run full time and train full time and support myself through work for Sara and I would come back and forth to the States to be trained by Keith Raniere but I was essentially still living in London.

MS. PENZA: How did your family react when you quit your job?

SYLVIE: I think -- I mean, because I had always, I guess, seemed like chosen different paths to everyone else, I think they thought it was quite typical of me, but it wasn't looked upon as the most sensible idea because I was quite stable in my job, I was doing well with the running club, and this was, like, going out on a limb being trained on my own as a runner with Keith Raniere. It just -- it didn't make a massive amount of sense.

MS. PENZA: Did you have any conversations with anyone in the NXIVM community about any other changes that you had to make to your life in London?

SYLVIE: Yes. Somewhere in that time, Clare spoke to me on the phone and said that I would need to quit running for the Serpentine Club in order to be trained by Keith and stop racing for them.

MS. PENZA: And did she provide you any reasoning for that?

SYLVIE: I don't remember. I remember getting really upset on that phone call because I had -- I mean, I had become team captain for the ladies at the Serpentine Club, they supported me through so many different things, I trained with them, they were all my friends. So it was very -- that was really hard, but I wanted to be trained by Keith. I thought, you know, he's going to make me into an Olympian. So, yes, it was upsetting but I thought that was the sacrifice that I had to make.

MS. PENZA: And so did you make that sacrifice?

MS. PENZA: And what happened after that?

SYLVIE: I went out to the States and I think it was supposed to be for, like, four or five weeks and I ended up staying a little bit longer to take part in the Freihofer which is a 5K race in Albany.

MS. PENZA: And did you participate in that?

SYLVIE: In the race? Yes.

MS. PENZA: And did you have any understanding about the defendant's interest in you participating in that race?

SYLVIE: Yeah, it was always presented by, I'd say, Pam and Keith and Clare that the Freihofer was, like, an important race and that it was a good chance to sort of be, like, a platform to show, I think it was called R-Tech which was Keith's, the name for Keith's running program, and so it was a way to show Keith's abilities in training runners.

MS. PENZA: Where is the Freihofer held?

SYLVIE: In Albany.

MS. PENZA: When you came back for this period of time to train in the United States, would you actually meet with the defendant?

SYLVIE: In that time, I actually did a few times. So, yes, he came to a few of my training sessions.

MS. PENZA: Did you ever have any conversations with the defendant on any of those sessions?

SYLVIE: My running sessions?

SYLVIE: In that time, yes, I mean, yes. Do you mean --

MS. PENZA: At some point -- at any point, did you have any romantic conversations with the defendant?

SYLVIE: Then? No, not that I remember.

I mean, way earlier and I think that was sort of in two thousand -- I don't know, but another time where I -- maybe it was during that time. Honestly, I'm sorry, I don't remember exact years or chronologically, but at some point, we had gone on a walk about my running and he had said something that I thought was a bit funky but I kind of let it go or I just thought it was weird because he was my running coach. And I just didn't get into it, but he said something -- he was talking about relationships in general and said, was, like, talking about how -- you know, he said, he made some kind of comment that said, If we were to ever have a sexual relationship, like we'd become really good friends first, or something like that and that was the way to do it. And I was like, yes, I thought, yes, you always become friends with someone before you have sex with them. I was sort of -- I thought it was weird but I let it go.

MS. PENZA: Did you have any interest in a sexual relationship with the defendant?

SYLVIE: No. He was my running coach and much old -- more like an authority, older man.

MS. PENZA: After you spent the time in the United States, did you go back to, did you go back to London?

MS. PENZA: And then did you -- when did you come back again?

SYLVIE: I think probably not until V Week because, actually, that year was the London Olympics and I was living in London and I really wanted to be at as many of the events as I could so I'm pretty sure I didn't come again until V Week.

MS. PENZA: Did you make any changes in your life in London before V Week, before the next V Week?

SYLVIE: I ended up breaking up with my boyfriend at the time because, really, I -- yes, I broke up with my boyfriend and I started to become more separated from the Serpentine because he was really sort of my last contact in that community that I was spending any significant time with. So then we broke up and, yeah, then I really didn't have any connection to friends in London anymore.

MS. PENZA: Why did you break up with him?

SYLVIE: Well, honestly, I don't really know specifically the answer to that because he was a really nice, really nice guy, but he said to me that -- yeah, he -- I think from his perspective, it was like, it seemed like I was invested in being back in Albany more and I felt like I needed to be back there training to be a runner. And, yeah, I don't know. I just -- there was a lot. I was so invested in the ESP community, I guess, so I'm not really sure.

I'm sorry I'm not answering it very specifically but I honestly don't have a, don't have a direct answer to that.

MS. PENZA: What happened -- when you went back for V Week 2012, did you stay beyond V Week?

SYLVIE: Yeah. From what I remember, yeah.

MS. PENZA: And why was that?

SYLVIE: To do more training.

MS. PENZA: And at some -- you had mentioned earlier Jness. Can you explain what Jness is?

SYLVIE: Yes. So, Jness had been going on for a while and that was, like, these -- it was like a women's organization where I think the point of it was, they called it -- I say "they," I'm talking about Jness, the organization -- called it distilling what it means to be a woman. So it's, like -- the question was, like, what are women separate from men and what I understood the point to be was for women to work out what they were uninfluenced by men.

MS. PENZA: And who was the head of Jness?

SYLVIE: Well, I think it was supposed to be Pam and Nancy Salzman or one or two, both of them, or maybe Marianna, I'm not sure, but the curriculum I understood always came from Keith.

MS. PENZA: Who did you understand that from?

SYLVIE: Well, when Nancy Salzman would do the dispositions and things, she would -- her, and I knew from her assistant, that she would get what she would call a download from Keith and that would be what she used to write the disposition.

MS. PENZA: And when you say "disposition," what does that mean?

SYLVIE: It's basically the teaching. So it would be, like, a long kind of, like, a monologue or something. It could be up to an hour of them talking at you which is, like, talking -- basically, the lesson would be in this long speech.

MS. PENZA: So who would give the lesson?

SYLVIE: Nancy Salzman.

MS. PENZA: And who did you understand the lesson to have been from?

SYLVIE: Keith Raniere.

MS. PENZA: At some point, did something called Jness Tracks develop?

SYLVIE: Yes. I think that was after V Week in 2012 from what I remember, yeah.

MS. PENZA: And so how did you hear about Jness Tracks?

SYLVIE: I think I first heard about it from Clare or Pam or really the whole -- I say the whole community but people in Albany. We're talking about a lot because it was a big effort from the salespeople to get everybody into the Jness Tracks, like to sell everyone on the idea.

MS. PENZA: When you say "salespeople," what do you mean?

SYLVIE: There were people in, in the ESP that were salespeople but I think when it came to me, that the people that would talk to me about getting into intensive were most typically Pam or Clare.

MS. PENZA: Understanding that, but just can you describe a little, in a little bit more detail what salespeople did and what their, how they made money?

SYLVIE: They make money by people taking courses. So they would have meetings with people to persuade them to take different courses basically.

MS. PENZA: Did they -- do you know whether salespeople earned more money by having people they had brought into the organization bring you people into the organization?

SYLVIE: Yeah. I think, I mean, I never did any of that so I'm not sure on the specifics of the structure, but I believe -- well, like, there were different ways that you could make money from what I understand. As a proctor, you made money by the people underneath you and people that you enrolled enrolling people. Like, you would earn commission off all of the sales and then there was a separate thing that was salespeople and then they -- there was something that they called, if you became a certain -- they're called field trainer. That was it. That's, like, if you, you called loads of people on lots of courses and then you trained other people how to sell other people and they started selling people underneath that. You know, like, it was a chain effect, I guess.

MS. PENZA: So turning back to Jness Tracks, was this happening around the time of V Week 2012?

SYLVIE: Jness Tracks? Yes.

MS. PENZA: And was this the first time that it was being offered?

SYLVIE: Yes, it was a new thing where Jness was going to include men too so it was, like, men and women.

MS. PENZA: And when -- can you describe the importance in the community of taking curriculum the first time it comes out?

SYLVIE: There was always a lot of persuasion particularly for the first time because it would say, like, this is the only time that Vanguard is going to be teaching it himself directly and he's going to be there in the room and this will be your only chance to have it taught to you by him.

MS. PENZA: Was there a term for that, for the first iteration of any curriculum?

SYLVIE: Oh, first generation, yeah.

MS. PENZA: And after the first generation, what would, how would it be shown to the next group to take it?

SYLVIE: On video, and then they would be called second generation and third generation, et cetera, et cetera.

MS. PENZA: Did you personally like taking first generation curriculum?

SYLVIE: No. I mean, I didn't -- I didn't really like taking incentives in general. I definitely didn't like taking the first generation because they would always be extra long hours and it seemed like they were kind of figuring out what was happening while it was happening so sometimes people wouldn't get out of the training until 2 or 3 in the morning. Just the hours were, like, really, really long and especially at that time, I really wanted to focus on my running and being an athlete and it didn't make sense to me to be doing an intensive when, really, I was trying to become an athlete.

MS. PENZA: And so did you tell anyone that you didn't want to take Jness Tracks?

SYLVIE: Yes. I told Clare and Pam from what I remember that I didn't want to take it and then either one or both of them suggested I go for a walk with Keith.

MS. PENZA: And did you go for a walk with the defendant?

SYLVIE: I did, yeah.

MS. PENZA: And can you describe what happened on the walk?

SYLVIE: I remember getting really upset on the walk because -- I don't really remember how the conversation started, but he was basically telling me why it was a good idea for me to do the Jness Tracks and he said things like, that I was always, that I was cold and that I would always be coldhearted, and that my children wouldn't love me or, like, those were the things that really I remember from it that really upset me and it was, like, I needed the Jness Tracks to make sure that that didn't happen.

MS. PENZA: Did you tell anyone what Keith, what the defendant had said to you?

SYLVIE: I'm not sure whether I did because obviously, I mean I was ashamed about that I didn't want to think of myself as being coldhearted and that my children wouldn't love me so that, like, wasn't something I wanted to talk about. I don't remember whether I even told anyone about it. I'm not sure.

MS. PENZA: And so did you end up taking Jness Tracks?

SYLVIE: Not then. I didn't take the first generation but then I took the second generation.

MS. PENZA: And can you describe what Jness Tracks was like?

SYLVIE: Yes.

That first one, I don't remember it super clearly, but there were a couple of things that stood out from it to me that I found difficult. There was a session in it where I think -- you were given, like, male mentors as part of it. So there would be like three men and you would be what they call the focus in different kind of, I guess they called them, like, breakout groups or something and they would take you through a process.

One of those processes, it was, like, the men teaching the women what it's like to be a man. So I just -- I found it quite, just threatening and uncomfortable because they were correcting you on the way that you were sitting, trying to change your -- telling you that were doing different antics that were, like -- so, apparently, the kind of general teaching was that women do a lot of antics and a lot of different things to try and get stuff from men and so this part of the training was to kind of snap that out of you. So it would be, like, correcting your behavior or getting you to lower the tone of your voice, sit straight in your chair, and it was very kind of regimental and I found that really uncomfortable and scary.

MS. PENZA: Were there any teachings about -- were there any specific teachings about women and sex?

SYLVIE: There was a lot of conversation about how, and we had different discussion groups and debriefs from what I remember, where it was, like, men are very -- and these were probably not the exact words from the training, but this is what I understood. Men were very obsessive about sex and that all that they thought about was sex and that's all they really wanted, whereas, women were really materialistic and self-absorbed and narcissistic. That's what I took away from it, and that all we wanted was stuff and be taken care of and not be responsible for anything. And for, like, men to be healthy or primitive men, they would have had sex with multiple people and had multiple partners and that was somehow kind of healthier or normal, whereas, women should be loyal to only one man or that's what's natural for them and if they go beyond that, it's more likely to be something spiteful or, in some way, yes, trying to get back at the man and it's not the normal thing for them.

MS. PENZA: Were there any teachings regarding women withholding sex?

SYLVIE: I don't really remember that specifically but I think that it was maybe discussed as, like, a pattern that women, like, try to do to try to get something.

MS. PENZA: Was there ever another time when there was curriculum offered that you didn't want to take?

SYLVIE: Yes. At some point, I think it was in 2013, but SOP Complete One came out and, again, it was a new training that was going to be taught by Keith.

MS. PENZA: So let me just stop you for one second.

SOP, what does that stand for?

SYLVIE: Society of Protectors.

MS. PENZA: And how would you describe Society of Protectors?

SYLVIE: It was, like, the men's version of Jness from what I -- Jness was the women's organization. Society of Protectors was the men's organization and I think it was supposed to be men, like, being honorable or upholding their word or something like that and it was kind of like men becoming better men in some way.

MS. PENZA: And so SOP Complete, what was going to be the plan of that?

SYLVIE: It was to teach women what it would be like to be a man, I think.

MS. PENZA: And why didn't you want to take this?

SYLVIE: Well, because it didn't appeal to me. It sounded scary based on my little experience of what I had even in Jness One, I think it that all was in Jness One, the experience with the men giving you that direct teaching of how to be a man type thing. I assumed it was going to be that but way more intense because it was eight days. I had heard some kind of rumors about what might be involved in it and that freaked me out. And at the time, I was staying in Vancouver in my aunt and uncle's house and doing some coaching in Vancouver and also running stuff out there and I was having a really good time so I just didn't want to come back to Albany to take this training.

MS. PENZA: Were there -- was there any discussion with you about why women needed to take SOP Complete?

SYLVIE: Well, it had been presented, I think, in Jness specifically that women lacked character and the SOP Complete would teach us character.

MS. PENZA: And were there -- was there any discussion about SOP Complete and women, and women dieting?

SYLVIE: I think that was one of the examples of how women lacked character, like, we're impulsive and we can't uphold our words. If we say we're going to be on a diet, then we can't uphold the diet, we just eat and, like, we're not conscious of our actions and what we're doing and things like that.

MS. PENZA: Did you believe that that described you?

SYLVIE: Well, no, partly because I had, I had anorexia and I still wasn't -- I was still very restrictive and controlling around food so I didn't have -- specifically with food, I definitely didn't have an issue with making sure I didn't eat more food than I should, let's say, whatever that means, but also I was an athlete. I was able to be very regimented in a lot of different ways. I didn't have any struggle with that personally.

MS. PENZA: And so what happened when you didn't -- what was the transition where you said you didn't want to take it? What happened?

SYLVIE: Well, Pamela called me and told me about -- I already knew about SOP Complete, but she was wanting to talk to me about why I should take it and she made a comment like, What, do you just want to be Clare's lackey for the rest of your life? And that really upset me and, yes, I felt offended but I still didn't want to take it. So I sort of didn't say yes to her on the phone but didn't, you know -- I just tried to kind of lay low and I hoped that nobody else would try to get me to do it, but I think I probably went back and forth with Clare a bit and I agreed that I would have an EM about my resistance to do it.

An EM, I don't know if you've introduced what that is.

MS. PENZA: I haven't. Can you explain what an EM is?

SYLVIE: It's stands for exploration of meaning. And I think it's, like, where they -- I keep saying "they." I'm sorry if I'm not being clear, but the teaching from ESP or Vanguard or whoever would say they created that, I believe it's Vanguard, it was, the teaching was that you had these beliefs, like, two different beliefs that didn't match up, and the EM would meld these beliefs and that would be called an integration.

MS. PENZA: And in what circumstances were people directed to get EMs?

SYLVIE: I felt, like, in my personal experience, it was a lot of the time, if I didn't want to do something, that others would say it was upholding of me but if I didn't want to do it, it was suggested that I get an EM because that would somehow, you know, help. I thought it was to make me change my mind honestly.

MS. PENZA: Do EMs cost money?

SYLVIE: Yeah. If you work with an EMP, you could pay, I think the cheapest was $80 and the most expensive could be $250 or $300.

MS. PENZA: What's an EMP?

SYLVIE: That's someone who becomes a professional EM person, an EM'er, or I don't know what you call it.

MS. PENZA: So, did you end up having EMs about this?

SYLVIE: I think I had an EM. From what I remember, I had an EM with Dani Padilla.

MS. PENZA: Who is Dani Padilla?

SYLVIE: She was a Mexican lady that lived in the community and she was an EMP and a proctor.

MS. PENZA: And after the EM, what happened? Did you have any further conversations with people in the community?

SYLVIE: Well, I still wasn't agreeing to do it and then I got a call from Clare, I think, at the end of the first day of SOP Complete. So I believe it had already started. And I remember just, again, like, crying on the phone because I felt very bullied by her and I felt -- I think she said things, like, You're never really going to amount to anything. She was going very hard on me about taking this training and I was -- yeah, I just remember crying a lot and I think after that conversation, I still didn't say I would definitely do it. I think I told her I would look into changing my flights but I hadn't committed that I was going to be there but I ended up calling someone else.

MS. PENZA: Who was that person?

SYLVIE: Nicki, Nicki Clyne. I called her and, just to console me somehow because I was upset and I thought that she would understand and yet, she seemed pretty understanding but she didn't really have anything to say to me, I don't think. She was doing SOP Complete herself so she was already in it but, yeah.

MS. PENZA: How much did SOP Complete cost?

SYLVIE: I don't know because I think maybe Clare was going to pay for it again but I would say it was probably 5 or more grand, it might have been 8 grand, I'm not really -- 8,000 or 5,000. I'm not 100 percent sure.

MS. PENZA: And did you end up taking the training?

SYLVIE: Not then. I changed my flights and I did come back but I didn't take the training. I took it later in the second time it was offered again.

MS. PENZA: Can you describe what the SOP Complete training was like?

SYLVIE: Yeah. It was very, I would use the word "regimented." I found it extremely stressful and scary. The whole way through, it's basically, yes, it's kind of, like, that section that I described from Jness but intensified a lot, and then there were different things thrown in that seemed, like, exercises in humiliation, of humiliating the women so that they can see where, like, sort of what they were doing wrong, let's say.

MS. PENZA: Were there any -- were there any videos shown during that?

SYLVIE: Yes -- well, see there were different things that happened. There were videos, I think, too. That was just all part of the different humiliation exercises. Like, for instance, in the beginning, there was a girl in the training that got dressed up as a princess and she had to carry a princess wand because they said she was too princess-y. So she had Disney-like clothing put on her so that, to show that she was trying to be too flashy and be too much of a princess. And then at some point, they also did, like, a prize giving ceremony where they pretended the women were, like, cows in a county fair because, apparently, they had their boobs on show too much. So they were given like rosettes and prizes. It was prizes for their utter-type things as cows.

MS. PENZA: So now going back to the time period between 2012 and 2014, are you continuing this training as a runner?

SYLVIE: Yes, although at the end of 2012, I got really sick and so things kind of started to fall apart in my running.

MS. PENZA: So let's -- we'll talk about when you got sick in a second. Before that, did you -- where were you living? What's going on in terms of your living situation, like, in 2012, after Vancouver?

SYLVIE: I was staying -- I think, Vancouver was 2013 although I'm not 100 percent sure, sorry about that -- but I had a place in London for a certain amount of time. I don't remember exactly when I moved out, but then I started to stay a lot more with Clare State-side. So, yes, I had been going back and forth but for the majority of that time, I had, I still had a place in London and all my stuff there.

MS. PENZA: During that period of time, what type of visa are you traveling on?

SYLVIE: I was on the tourist visa waiver.

MS. PENZA: Were there ever any -- did anybody from the NXIVM community ever speak to you about any potential immigration difficulties you could have?

SYLVIE: Yeah, I think Clare suggested flying through different airports that weren't JFK because it seemed it was harder to get through immigration at JFK. So I flew through Charlotte pretty frequently or I think I flew through Chicago and maybe also Atlanta at different times but definitely through Charlotte.

MS. PENZA: At this point in time, before you get sick, how much are you training?

SYLVIE: Well, I had made a comment that I wanted to, that I thought maybe I wanted to be a triathlete to, to Keith and Clare, I think, and they had mentioned or I think it was Keith that mentioned that triathletes have to train so much more than runners and even up to sort of six hours a day or something like that, and I took that as, like, verbatim so I started training six hours a day minimum, like, cardio and, yeah.

MS. PENZA: And how would those results get reported? How would your training schedule get back --

SYLVIE: I sent my training schedule and my results of my schedule every day to Keith and to Clare.

MS. PENZA: Would either of them give you feedback on that?

SYLVIE: Not very often but they did. Clare ran Athletics Goals Lab which I was a member of and so in my understanding, she was the go-between between me and Keith, essentially, for my training and that she was to oversee my training so she directed me more through Athletics Goals Lab.

MS. PENZA: Was there ever a specific discussion about how you should train in terms of your running?

SYLVIE: Not really. I never got a running program or anything like that.

MS. PENZA: Well, what pace were you at?

SYLVIE: I was given specific sessions I needed to do by Keith and that was running, that was -- I had to run for as long as I could at 12.1 miles an hour on a treadmill which is a 4:59 per mile pace and then there was another pace which I think was 11.3 or 11.8 or something like that. So I was given these two different paces and told that I needed to extend that time as long as I could.

MS. PENZA: And was there ever a discussion about how long you had gone and whether that was enough?

SYLVIE: Yeah, every time that I did it. I used to run on the treadmill in Clare's basement and she was often upstairs working so I would come up. I needed to report my times every time I did it and the point was to be increasing, but whenever I was sort of -- I was never -- I never reached a point where it was enough. So it never was, like, Oh, you've run long enough at this time. That never happened. So it was basically a failure every time and always looking at, like, Oh, where did you fail, and I felt like I was being told that it was an emotional issue most of the time because I was getting EMs on why I stopped when I stopped and things like that.

MS. PENZA: Were you ever tasked with getting EMs regarding your running?

SYLVIE: Yeah, about why I stopped when I did speed work.

MS. PENZA: And who would perform those EMs on you?

SYLVIE: I myself worked with people like Dani Padilla, I worked with Karen Unterreiner. I worked with Siobhan Hotaling, and I worked with, I think I worked with Lauren Salzman quite a few times. I worked with several people.

MS. PENZA: Karen Unterreiner, who is she?

SYLVIE: She was a proctor and the head trainer and she lived in the community. She trained a lot of the incentives.

MS. PENZA: Did you know anything about her relationship with the defendant?

SYLVIE: I think she had known him since university from what I understood and she seems like, yes, a very devoted friend, I would describe her, of the defendant.

MS. PENZA: Now, you said that at some point, you got sick. Can you describe what happened?

SYLVIE: Yes. I was, like I said, training, like, six, six or more hours a day of cardio and I started feeling very bad and it was very hard to complete the sessions, but by that point, I had, I really thought that it could be in my head. A lot to do with, I think, the training I got in the ESP and I always thought it was some kind of an emotional failing, that I couldn't do what I was trying to do. So I was more focused on just trying to push through because I thought it was more an emotional issue so I was forcing my body very hard essentially. It got worse and worse and worse and then I ended up having an abscess. Eventually, I went to the doctor about it and he told me I was, like, on the verge of sepsis because I had got a really bad, intense infection.

MS. PENZA: Prior to going to the doctor, had you ever discussed with the defendant or anyone else in the community the fact that you were not feeling well?

SYLVIE: In my check-ins, I was writing about it, yeah, my check-ins to Keith and Clare. I was saying, like, I'm not feeling very good and, yes, I don't feel, I'm not doing well and I don't feel well.

MS. PENZA: And how would they respond?

SYLVIE: I don't remember anyone encouraging me to go to the doctor, not that I remember. I don't remember that being addressed specifically.

MS. PENZA: Did you feel like you could ease up on your training?

MS. PENZA: I'm showing you what is in evidence as Government Exhibit 1405. Can you see it on your screen?

MS. PENZA: And is this an e-mail that you wrote to Clare Bronfman and Keith Raniere in November, on November 30, 2012?

MS. PENZA: And is it just redacted to remove your last name?

SYLVIE: Correct.

MS. PENZA: And so in this e-mail, are you describing to Clare Bronfman and Keith Raniere the illness that you described to us?

SYLVIE: Yes. I'm explaining, because I was in a lot of pain and I didn't know why, so I'm explaining the pain in my bum.

MS. PENZA: And I know this is a little bit hard to see, but is this an example -- what is this an example of?

SYLVIE: This is my training log that I would attach to all of the e-mails so that they could see exactly what I did and then there's a column that you can't see, but there was a column of notes about how I felt that came after the actual column on the very end.

MS. PENZA: Mr. Reccoppa, can I have the ELMO for a second? I can go back to it later on -- there it is. Okay.

THE COURT: All right.

MS. PENZA: Sylvie, can you see this on your screen?

SYLVIE: Now I can, yes.

MS. PENZA: Okay. So, again, this is the same Government Exhibit 1405 that there was an excerpt of on the PowerPoint that was in front of you before, and I just wanted to show you the, I wanted to direct you to, I think, the column that you were describing before.

SYLVIE: Yes. That would be where I would talk about how I was feeling and what was going on with me.

SYLVIE: Yes, how I was feeling basically.

MS. PENZA: And so can you read some of the notes that you were including at this time to the defendant and to Clare Bronfman?

SYLVIE: I said: Feeling quite sicky (sic) and run down today. That was one day. The next day, I've said: Had a disrupted night's sleep again. My jaw is painful. Bum is painful too but better than last week. And then I said: Had disrupted sleep again. Waking up with pain. Had an amazing sleep last night. Pain severe in bum. Not sit. I'm not sure. I guess I'm saying I can't sit down, it hurts to sit down. And then: Woke up with pain and fear in the night.

MS. PENZA: And then can you read these notes?

SYLVIE: Yes. It says: Emotionally quite afraid about the pain in left bum. Realized --

MS. PENZA: Sorry. There you go.

SYLVIE: Realized I am afraid to push and often feel like I am holding back. And then I said I had a massage. Very tired today but emotionally good. Less anxious than normal. I think that says, "anxious." Felt particular pretty good emotionally. Just noticed how much anxiety seems to be a base state for me though. I felt groggy for a lot of the day. I think I have been in a self-beating and punishing mode for a few days. I think Clare helped snap me out of it.

And then I said: Pretty consistently good today. Then the last one, I said: Realized how angry, fearful and defensive I have been feeling. Had a good chat with C -- that he means Clare -- and going to look at my choice points this week.

MS. PENZA: What does that mean?

SYLVIE: I think that -- choice points was, like, I would say in the teaching described as where you would kind of come to a crossroad, say, in a basic thing. You could decide to have the coffee or the cake if you're hungry or thirsty or whatever, and you would, the choice point would be, like, which do you decide and why.

MS. PENZA: I'm going to show you what's in evidence as Government Exhibit 1406. Can you see that?

MS. PENZA: And if I direct your attention to the middle of the page, is this the e-mail that we had just looked at?

MS. PENZA: And then there is a, at the top, is there a response from Clare Bronfman?

MS. PENZA: And in the response, does she -- she says: Look at the fears which come up around not being able to run or do exercise. This might help also.

What was your understanding of what that meant?

SYLVIE: I think that's, like, how I relate to running and exercise or how I use it in a certain way.

MS. PENZA: At this point, had you been describing to her that there was some limitations in your running because of the pain you were in?

SYLVIE: Yes. I said I was having a hard time, having a hard time forcing myself through my sessions and I think my results were really going downhill and you could probably see that if you went through all of the check-ins. I wasn't able to get as far as those 12.1 sessions. I just -- yes, everything was sort of going downhill massively.

MS. PENZA: Okay. And now I'm going to show you what's in evidence as government Exhibit 1407. Can you see it?

MS. PENZA: And is this in -- so there's a forwarded message and at the top, it says, this is from you on December 3, 2012, to Keith Raniere and Clare Bronfman, and you said: With my log.

What does "With my log" mean?

SYLVIE: I think I had sent it a bit earlier without my training log attached so I was sending it five minutes later with my training log attached.

MS. PENZA: And then could you read this middle two, and then the -- the message that you had then forwarded also on December 3, 2012 from you and also to Keith Raniere and Clare Bronfman, is that correct?

SYLVIE: Correct.

MS. PENZA: Okay. And then could you read the middle two paragraphs please?

SYLVIE: Yes. It says: I have spent a lot of today crying. I think just general fatigue and overwhelm of suppressed emotions caught up with me. My body feels very taxed and I didn't really want to do anything but I thought it would be good to move so I did 30 minutes on the cross-trainer. That felt pretty good but my heart rate went into the 160s considering that I was going light ... then I tried to follow it up with a swim but then my chest started hurting and I felt super weak. I was averaging 3 minutes 23 seconds for 100 meters.

What do you think I should do RE my training? I have -- that's a type of antibiotic, I'm sorry I'm not going to be able to pronounce it -- flucloxacillin six tablets daily until Wednesday when the doctor looks at the abscess again to decide if it needs surgery. I was thinking maybe just super light until I start feeling a bit normal again.

MS. PENZA: What you did you mean, "I was thinking super light"?

SYLVIE: Like hardly any exercise. I was trying it see if I could do less training.

MS. PENZA: At that time, how would you describe the amount of training that you were doing?

SYLVIE: Well, I had been attempting to continue my six hours a day but I literally couldn't get through it, like, I felt so ill. So I think -- I'm not really sure what I meant specifically. I would have had the training log to match it but I was trying to do a lot less than that. I couldn't get through the sessions.

THE COURT: Was this six hours all on a treadmill?

SYLVIE: I was doing, like, 10 to 12 miles running, maybe three hours on the bike, an hour on the cross-trainer, an hour or two hours in the pool. Like, that's how I would make it out. I would spread it across the running, the pool and the cross-trainer and the bike.

THE COURT: And who was overseeing your training?

SYLVIE: Keith and Clare. They were the people that were basically overseeing it, yes.

THE COURT: Were they on the scene when you were doing your training?

SYLVIE: I did some of it in Albany because I was going back and forth. I was also doing it in London but sending the training log with this style of message every day.

(Continued on next page.)

(Continued.)

THE COURT: And in terms of your pulse rate and so forth, you were keeping that information as part of your training?

SYLVIE: Yes, so they could see where I was fitness-wise and so we could record all of that data. I think I recorded the number of calories I ate, my heart rate, my -- I'm not sure if I had my temperature, but I used to record my temperature at some point and I had all of these different data points and I would put it in that spreadsheet for them and send it to them daily.

THE COURT: Were you seeing a doctor for issues having to do with your heart rate and so forth? In other words, did you have medical supervision?

SYLVIE: No, not until I got the issue and then I went to the doctor.

BY MS. PENZA:

MS. PENZA: I can just pull up an example of your log again. This is on 1407 and it's one of the ones we have looked at already. Maybe you can walk through the actual --

SYLVIE: Yeah, so it's got --

MS. PENZA: -- on a single day.

SYLVIE: Say, Monday, if you looked at Monday, and I have -- let's say up to Monday morning and Monday afternoon, and then you can see in the running, that was what I planned to do but what I was actually able to make happen. This is when I started getting sick. So the plan was to do five miles, but I ended up only walking two miles.

And then the bike, the plan was to do two hours in the morning, looks like two or -- two blocks of two hours or something the way that I had written it, but I did manage to do that.

And then for the swim, the plan was a mile plus drills, 45 minutes in total, and what I actually did was a mile in 33 minutes and kicks and pulls.

And then planned hours training was six hours. I did manage to do six hours, and if you scrolled across you would see some more data points which is -- my weight at the time is 105.6, I think that says; my heart -- resting heart rate was 67; my blood pressure is 107 over 70; I slept for -- that's either a six or an eight, I can't see it, my eyesight is not great; and then I had written notes about what was going on.

THE COURT: Your blood pressure where it says BP, is that your resting blood pressure?

THE COURT: And when you were actually exercising where is that information about your --

SYLVIE: My heart rate in there -- what heart rate when I was exercising?

SYLVIE: I didn't have that on here.

SYLVIE: No. I don't know whether I recorded my heart rate while I was exercising.

SYLVIE: I think I mentioned the 160 on the cross-trainer because it shows you on the screen when you hold the things, but I don't think I was wearing a heart rate monitor while exercising.

THE COURT: All right. I think we should take our ten minute break, our afternoon break right now.

MS. PENZA: Okay, Your Honor.

THE COURT: All right, all rise for the jury.

(Jury exits.)

THE COURT: All right, you may step down, please. Do not discuss your testimony with anyone.

(Witness excused.)

THE COURT: Everyone may be seated.

About how much more do you have of this witness?

MS. PENZA: I still think -- I think we are -- at least, like, two more hours.

THE COURT: What's that?

MS. PENZA: An hour and a half to two hours.

THE COURT: So we're going to go into tomorrow morning, that's what I need to know. That's fine. I just need to have an idea so the other side can be ready for cross-examination.

MR. AGNIFILO: That's fine. Thank you.

THE COURT: Okay. Let's take a ten-minute break. Thank you.

MS. PENZA: Thank you.

(Defendant exits the courtroom at 3:50 p.m.)

(A recess in the proceedings was taken.)

(Defendant enters the courtroom at 4:06 p.m.)

THE COURT: Let's bring in the witness, please.

(Witness resumes the stand.)

THE COURT: Bring in the jury.

We will go until 5:00.

MR. AGNIFILO: Very good.

(Jury enters.)

THE COURT: Please be seated. I remind the witness that she is still under oath.

You may continue your examination of the witness.

MS. PENZA: Thank you, Your Honor.

BY MS. PENZA:

MS. PENZA: Sylvie, I'm going to show you what is in evidence as Government's Exhibit 1409, this is an e-mail chain, and as you can see it, begins with the e-mail that you -- that we just looked at that you had sent to Keith Raniere and Clare Bronfman, and in that e-mail, you had mentioned that you were thinking maybe just super light until I start feeling a bit more normal again; is that right?

SYLVIE: Correct.

MS. PENZA: And you described that that was maybe taking it easier on your training at that point?

MS. PENZA: And if I could direct you to the middle of the page, there is an e-mail from Clare Bronfman to you copying the defendant and it said -- it says: Hi, Sylv. Keith has suggested to continue exercising so long as it does not hurt.

At that point in time, had you been telling the defendant and Clare Bronfman that you were indeed in pain?

SYLVIE: Yeah. Yes.

MS. PENZA: And then if we look at the top of the page, is this your response to Clare Bronfman and the defendant?

MS. PENZA: And you write: Doesn't hurt, LOL, it's been hurting for weeks, but yes, okay. I think I will avoid bike for now until I can sit down or maybe try the bike with the other kind of seat. I will feel it out and do what I can.

So can you describe what you were thinking when you were writing this?

SYLVIE: Yeah. I think I was sort of -- I was upset because if you had -- well, you saw in my previous check-ins and in that column, I had been talking about the pain and waking up in the night scared with the pain and things like that, and so, I don't know, it just felt a little bit like all of that was dismissed or not even read maybe because the comment was to keep exercising if it doesn't hurt. I just -- I didn't really feel like I was -- had the care from the people that were supposed to be my coaches.

MS. PENZA: I'm just going back just for the date. That was on December 4th, 2012, that you sent that e-mail?

MS. PENZA: And then I will show you what's in evidence as Government's Exhibit 1410, and this is an e-mail on December 5th from you to Clare Bronfman and would you -- would you read starting from the second paragraph for us?

THE COURT: Excuse me. Could you just -- that's it. That helps making it a little larger for those of us who are over the age of 20.

Go ahead.

SYLVIE: Okay. So it says: RE doctor, he is happy that the abscess is getting bigger, as it gives them a better chance of being accurate when they cut into it and cause less overall damage. He thinks the pain I have had in the whole area may be an effect of the infection but we'll know more once we have healed this part. He said the reason why being an elite athlete is hard on the body is because you are stressing every system to its max and if you have a high stress temperament, you burn out in all areas, which I think is an accurate assessment of me. My body has hit burnout a few times. He thinks heal time will likely be four to six weeks with an open wound that will need monitoring and redressing by the nurse and probably more antibiotics. He said that with good management, the infection should not come back but they can. He thinks I just really need to back off for a while and take things steady.

MS. PENZA: And so what did that mean when you wrote that?

SYLVIE: But, like, stop training so much and just let me body get better.

MS. PENZA: And then could you read the next paragraph?

SYLVIE: I said: I also just wanted to share my process with you more, maybe so you can understand what is going on for me better. I have been pushing through and fighting myself for a long time ignoring my body to try to do what I thought was the right thing and really feeling like I am -- I am feeling -- really feeling like I am like a wound up ball of fear and tension for so long. I have always felt compelled to try to achieve something or be something and I'm now starting to consider that maybe I don't need to be the best at something to love myself and be okay with me. I feel quite out of touch with what I truly want. A lot of the time I feel like I'm trying to gain love or acceptance through results and being good at something. Not being able to train, not doing much on the work front, and generally not feeling like I'm achieving any external results anywhere has actually been quite freeing and scary at the same time. It is making me think about what do I really want outside of all of these things. I'm not sure the elite athlete part is the one I want, but I don't know whether I know what else I want. I know I want to have self-love, peace, and compassion and to have deep meaningful relationships, a family, and also to feel I am challenging myself physically because I do love movement and physical exertion and the beauty of sport and challenging myself emotionally and in the thought realm. I have been feeling very lonely on the path of training. I have a deep respect for it and the people that take it. It's a lonely ride and there are no shortcuts. If you want to get to the top, it takes many hours, days, weeks, years of singular dedication to the goal. I don't think I appreciated that before having this taster period of committing to it wholly.

MS. PENZA: Can you read the last paragraph also, please?

SYLVIE: So that is an insight into my world right now and what I'm thinking. Everyone from ESP or not has suggested that before making any major decisions I get well, rest, heal, and take some objective time, which I think is a very good idea. I know that I needed a break before I threw the baby out with the bath water, so this has enforced a break before I broke myself.

MS. PENZA: Well, what was your intention in sending that e-mail?

SYLVIE: I really felt like what -- like I said, for a long time, I had been really lonely and really struggling to keep going with this and I just felt completely my own and I really was trying to get Clare to understand what it was like to be me because I didn't feel supported in that at all and I felt like she was always trying to channel me into continuing doing what I was doing and so I was trying to express how I felt.

MS. PENZA: I'm showing you what's in evidence as Government's Exhibit 1411, and this is the e-mails that we just read, and is this Clare Bronfman's response to you?

MS. PENZA: And can you read her response?

SYLVIE: Yes.

She said: Dear Sylvie, I felt sad in reading this e-mail, as it seems to me from your language and your weight and your eating patterns you've slipped back into the robot Sylvie perspective. I can certainly understand this has been a scary time for you. It must feel very alone scary and unsure. Try allowing yourself to feel these things. I also understand the temptations and what in a moment seems like an easier path, to disconnect, and resort what is most comfortable during this time to find some predictability, some sense of feeling strong, et cetera, dot, dot, dot. Love Clare.

MS. PENZA: What did you understand from this e-mail to you?

SYLVIE: I felt like this was a -- quite a common response from her and I had somehow let her down and that if I was to quit being an athlete, that it was me going back in the robot perspective, like saying that I wanted a family or that potentially this isn't what I wanted was me being a robot, and so I just felt backed into a corner. Again, like, I just -- I feel like these kind of things wore me down over time and I became more and more apathetic about what I should be doing with my life.

MS. PENZA: Over the course of the next several months, did you end up having various medical procedures related to the abscess?

SYLVIE: Yes. At that time, they drained the abscess and I had all these antibiotics and I think I had -- it was, like, a lot -- it was antibiotics over at least a couple of months or something, but I had a very high dose of antibiotics and the draining process, but it turned out that that didn't work and it turned into a fistula which is -- I don't know if you want the medical -- I don't even think I can give the medical explanation, but basically, it's like a channel in your body that shouldn't be there and I ended up having to have a surgery where they lay the wound open and it needs to heal from the inside out, which is like a six- to eight-week process of having the wound packed every day by a nurse.

MS. PENZA: And did you follow the protocols that were suggested by your doctor after that?

SYLVIE: No. I carried on running and training.

MS. PENZA: Why did you do that?

SYLVIE: Because I felt like that's what I was supposed to be doing, that's what I needed to do to make sure I wasn't being a robot.

MS. PENZA: Were you having conversations with the -- were you continuing to do your check-ins with the defendant and with Clare Bronfman?

SYLVIE: Yeah, my daily check-ins carried on.

MS. PENZA: Did they ever encourage you to follow your doctor's directions?

SYLVIE: I don't remember that. I mean, I continued following the program and they had my running program. I don't remember them saying you should stop running and rest.

MS. PENZA: And did you end up going back to Albany?

MS. PENZA: And was that in the same time frame that your doctor had recommended?

SYLVIE: No. I don't remember my doctor recommending a time frame, but I didn't want to travel because I was needing to go to the nurse every day to have this wound packed and so I was kind of pushing back on the idea from Clare that I should come back because I just -- I didn't want to sit on the plane seat with this wound and also the nurses in the U.K. were doing it, but she had suggested there was someone in the ESP community who used to be a nurse that could pack it for me, and so I think a couple of weeks left of the packing process, I -- with a couple weeks still left, I came back to the states and had this person in the ESP community pack it for me.

THE COURT: When you say "pack it," you mean this was an open wound that had to be drained and dressed?

THE COURT: On a daily basis?

SYLVIE: Correct. It had to be packed with a special fiber that would make it heal from the inside out.

THE COURT: All right. Go ahead.

BY MS. PENZA:

MS. PENZA: And while that was happening, were you still training?

SYLVIE: Yeah, I was still running, and I think at some point I think I got back on the bike, too, but I was definitely still running.

MS. PENZA: And you were reporting all of those --

SYLVIE: Yeah, I was still checking in my training.

MS. PENZA: And some of that was while you were in Albany?

THE COURT: Where were you living when you were in Albany?

SYLVIE: I would stay at Clare's house.

BY MS. PENZA:

MS. PENZA: During the time period when you were traveling back and forth, do you still not have a visa?

SYLVIE: Correct.

MS. PENZA: Was there continued talk within the community about you getting a visa?

SYLVIE: On and off, yeah.

MS. PENZA: Did you ever -- what other conversations did you have with the defendant about a visa?

SYLVIE: I remember the defendant -- or Keith Raniere joking with me about getting married for a visa way earlier on -- I think that was when I had been denied either the investor or student visa -- and at that time, I was like, No way, and kind of laughed it off because I -- I didn't want to just marry someone for the sake of a visa.

MS. PENZA: Did you know whether there was encouragement of the other people in the NXIVM community to get married for visas?

SYLVIE: Yeah, I knew that people had done it and so I did know that that was something that had happened, but I didn't want to just, like, marry a random person for a visa.

MS. PENZA: At some point, did you meet someone within the NXIVM community who you did believe you could develop a relationship with?

MS. PENZA: And what happened?

SYLVIE: So I met John, my husband -- my now husband. I met him for the first time probably in 2008, so I already knew him, and -- and then we both started working on a project called The Knife -- well, I was already working on it and he started working on it and -- sorry. I thought you were about to ask me something. But anyway, so we were working on this project within the community called The Knife and we were -- I was in London, I think, at that time and we were spending hours a day on Skype basically -- whoops, I'm not even talking into the mic -- we were spending, like, hours a day on Skype working on this project, and -- with him and several others, but he kind of headed up the group that I was working in, so I got to know him really well and I was, like, flirting with him a lot through message and things and I was taking a real liking to him.

(Continued on the following page.)

BY MS. PENZA: (Continuing)

MS. PENZA: And did you eventually decide to take that liking further?

SYLVIE: Yes. I started to kind of scheme in my head that he is someone that I would marry though I would -- that sounded really weird but it is sort of weird. I mean, he was someone that I wanted to build a relationship with and if I was going to get married and develop a life in America, he was the person I would want to do that with.

MS. PENZA: And you are married to him now?

SYLVIE: Yes, we are married now.

MS. PENZA: And where is he today?

SYLVIE: He's in the courtroom with my dad. I can see my dad but I think he might be sat behind you.

MS. PENZA: But you live together in a legitimate marriage?

SYLVIE: Yes, we did. I mean, at the moment, he's been staying in the States working on a green card or equivalent for the UK but, yes, the whole time we've been married.

MS. PENZA: Going back though now to before, to before you actually were married, once you had this idea, what did you do?

SYLVIE: I thought -- in my head, I thought the only way that I was going to be able to get married without it being seen as me being still being the rover is if I got it, like, kind of approved by Keith first and present it to Keith and Clare in a way that they would accept. So I told Clare that I had this idea that I wanted to do this with John and that I was going to speak to Keith about it. And so I met -- I asked Keith if I could meet with him to speak to him about it.

MS. PENZA: And where did you meet with him?

SYLVIE: In, I think it's Pamela, either him or Pamela's car outside of the house. I think he was living in Clifton Park.

MS. PENZA: Do you remember where that house was?

SYLVIE: It's on Oregon Trail. I just don't remember what number it is.

MS. PENZA: So you met in the car?

SYLVIE: Yes, we met in the car. I don't remember why in the car but we did meet in the car.

MS. PENZA: Okay. And can you describe the conversation?

SYLVIE: Yes. So I sort of told him what I wanted to do. I said I wanted to see if John would consider marrying me and that we would -- that I would, obviously, work on getting a green card but we would kind of develop a relationship and sort of do it backwards, I guess, and I wanted to see if John would consider that and what did he think.

MS. PENZA: Okay. And how did Keith respond?

SYLVIE: He suggested doing a business arrangement at least for the first two years and that it should be platonic. So he was talking about it a lot like that, but I didn't make any sort of commitments for doing anything in a specific way but I just remember at the end of the conversation, he like put his finger on my arm and saying, Oh, it's a shame, we could have had fun. And I remember laughing and thinking that was a creepy comment but sort of laughing it off.

MS. PENZA: After that, did you end up -- what happened? Did you actually end up having a conversation with John?

SYLVIE: Yes. John had invited me down to New York for the weekend anyway so I thought this would be an opportunity to kind of make, like, present it to him and that's what I did basically, yeah.

MS. PENZA: And how did he respond?

SYLVIE: He said he would -- his exact words was he would consider it, but then we basically spent a month having sort of in-depth conversations about what we would want out of this situation, like, could we see ourselves having a future together, did we both want a family, basically seeing if we could arrange our relationship and do our relationship backwards in that way, getting married first and then developing the relationship from there.

MS. PENZA: Where was John living at that time?

SYLVIE: New York City.

MS. PENZA: And did you come down to New York City?

SYLVIE: Yes, I had come down to have that discussion with him but then I ended up staying longer to talk, to have these conversations. Like, we decided this is something obviously we didn't want to just do. We needed to figure out whether we had, like, a match in intentions of what we really wanted.

MS. PENZA: And did -- when you extended your trip, did anything happen?

SYLVIE: Yes. At some point, I think it was after, like, the second extra night or something like that, I got a call from Clare and she seemed pretty, like, freaked out and she was -- she said something like, Have you had sex with him? And I said, like, no, but she says, Well, don't have sex, you shouldn't have sex with him and you shouldn't have sex with him yet.

It was all around -- I got really freaked out and I basically came back to Albany. I felt like I was being told off.

MS. PENZA: Did you end up getting married?

SYLVIE: We did get married.

MS. PENZA: What date?

SYLVIE: The 7th of July of 2015.

MS. PENZA: And who was there?

SYLVIE: My mom, my sister and her husband, obviously, I was going to say John, but that one's obvious, his friends Mark and Ken, Clare was there and we had our friend Harjay take pictures.

MS. PENZA: And did Clare say anything to you on your wedding day?

SYLVIE: Yeah. At some point, she pulled me aside and said, You're acting -- it was almost, like, I was acting too happy and I was lost in the bubble or something, which is a phrase that was used in, I think, it's SOP Complete or Jness, like, women live in a bubble. And she used "in a bubble," like, we don't have to be responsible for anything, we live in fantasy land and everything gets taken care of. You're lost in the bubble or you're acting too happy or something like that, so I remember trying to tone it down.

MS. PENZA: Did anyone else in the community have any -- did you have any further discussion with anyone in the community about your sex life with John?

SYLVIE: Yes. So Clare had said to me about not having sex with him, but then also my coach approached me. I was being coached by someone called Rosa Laura.

MS. PENZA: You can give her last name?

SYLVIE: Rosa Laura Junco. And she said to me, I think Keith suggested that you don't have sex for two years. I don't remember what the official explanation of why that was but I think that was to develop our relationship more or something but it should be two years specifically. So, yeah, it was, like, we were getting these messages about that we shouldn't be having sex.

MS. PENZA: And did you and John at that point in time decide to stay celibate for two years?

SYLVIE: Yeah. So, we did, and I think from what I understood from -- well, from what John had shared with me, he wasn't -- we were planning on building our relationship first anyway. So we didn't have, like, specific expectations around that, but we would have just more naturally allowed things to develop, I think, or at least that's what I would have planned on doing, but now we had this, like, weird rule which we decided to stick to which was two years. At that time we decided to stick to it.

MS. PENZA: Did you and John set any other, like, ground rules for your relationship?

SYLVIE: Yeah, we said we would be -- I don't know how to say that word. Monogamous?

SYLVIE: Yes. Basically, we wouldn't be -- we wouldn't have relationships with other people. We were still committed to our relationship between us. That was definitely one of them. And we -- I mean, we had written a whole contract about where we would spend time, you know, that we would spend half the time in Albany, half the time in New York City. It contained a whole bunch of different things in it, but we had written that up before we got married.

MS. PENZA: Did you and John discuss what your living arrangements would be?

SYLVIE: Yes. So it was supposed to be that I would spend time in New York City and then he would also spend time in Albany because he lived in New York City and at that time, I had been staying at Clare's in Albany and my sister was up in Clifton Park too and the whole community was in Clifton Park, however, I didn't want to live in New York full time, I don't remember why, but we agreed. We got a place in a community called Twin Lakes in Clifton Park and he had his place in New York City and we were going to spend time in both.

MS. PENZA: Would you describe people in the community as supportive of your marriage?

SYLVIE: I didn't feel like it because comments were made to me at some point specifically by Lauren Salzman that I wasn't doing, that I hadn't been well, she said, since I've been with John and I felt like that was saying, like, somehow it was John's fault and she sort of started to think that in certain ways. And then also Clare had said to me how I was acting like a robot when I was spending a lot of time in New York City. So I just always felt the pressure to not come across as, like, too committed to John or something or I felt, like, I would get these comments about robot and indoctrination. So I wasn't acting like I didn't want to be married or something. It was weird.

MS. PENZA: Turning your attention next to Jness training in, I believe, around October 2015.

MS. PENZA: Did something happen there?

SYLVIE: Yes. So I was in the Jness room and I think I was going through all of that time just trying to figure out how to be a wife without being told I was acting too much like a wife or something, and I was just having a hard time figuring all of that out and I was approached by Monica.

MS. PENZA: You can use the last name.

SYLVIE: Duran. And she said to me, like, you seem really unhappy, like -- yeah, she was just talking to me about that, and I was, like, thinking, oh, yes, I am quite unhappy. She said, Well, there's something that I have for you that's basically going to -- I don't remember her exact words, but I got the impression from whatever she said that she had this special project that could change everything for me and that it would help me be the person that I've always wanted to be and then different things like that that gave me some hope that there was something that was potentially for me that would make everything better.

MS. PENZA: Who was Monica Duran to you at that point in time?

SYLVIE: Well, it wasn't like we were super close then, but when I had been anorexic, when I was really anorexic, like, I needed people -- well, the way it was set up was that people were monitoring my meals within the community. Clare put Monica in charge of taking care of me and so me and Moni -- Monica became close during that time because she was almost like a big sister or a mother to me. She would cook meals for me. I went everywhere with her. She would take me to the salsa club. We went salsa dancing. She was really fun. Like, she was someone that I felt, yeah, that I could trust and that she was fun to be around and nice to me always.

MS. PENZA: I think you referred to her as "Moni" at one point?

SYLVIE: Yes, Moni. I used to call her "Moni."

MS. PENZA: Did people in the community call her that?

SYLVIE: Yes, people that were close or knew her called her Moni.

(Continued on next page.)

MR. AGNIFILO: Your Honor, before we go on, can we have a sidebar?

THE COURT: All right.

sidebarsidebarMistrial Motion Over Use of Names

(The following occurred at sidebar.)

MR. AGNIFILO: So I have objected to this whole "You can use her first name," "You can't use her first name" basis. I'm moving for a mistrial. I think what's happening here is unprincipled. I think it's destructive. I think it is absolutely going to be leaving the jury wondering why do we use some people's full names, why do we use some people's half names, first names.

This is exactly the issue I raised in writing. I said, in practice, this is going to be very difficult and I think what's happening here is this is becoming -- I don't like this procedure. I don't think it's fair. I don't think it's fair for the government to basically be in this cat-bird seat about how people are referred to at this trial and they give dispensation. You can say her full name. You can't say her full name. There's been no factually specific finding made as to any specific person and I think this is a violation of due process.

These are the issues I raised in my motion. I think it's a violation of right to a fair trial and I'm moving for a mistrial and I think we're playing games with the presumption of innocence and I think we're impeding on the province of the jury in terms of there's been no specific finding and we're being fast and loose, in my opinion, with how we're making these decisions and I raised all this before the trial started and the way it's playing out is exactly what I was afraid of and exactly what I warned about and I'm moving for a mistrial.

THE COURT: All right. We will take it up after the jury leaves for the day. Thank you.

DirectDirectSylvie — Direct (Continued) Sylvie Moira Kim Penza

(Sidebar ends.)

(Continued on next page.)

THE COURT: All right. You may continue your examination.

BY MS. PENZA:

MS. PENZA: So when Monica came up to you, what else did she say to you?

SYLVIE: Yes. She told me that she had this special project and that it had nothing to do with the ESP or NXIVM but it was something that could really help me but if I wanted to hear what it was, she needed to give me some collateral.

MS. PENZA: When she told you it had nothing to do with NXIVM or ESP, what assumptions did you make?

SYLVIE: I was intrigued because I was, like, wow, this is a whole new thing that has nothing to do with the community or Keith or no one, it was, like, a new thing, and I'm pretty much sure she told me at that point, it's free. So I was, like, wow, this is not something to do with Nexium or anything of this structure.

MS. PENZA: And so what else did she say to you?

SYLVIE: Yeah, that if I wanted to -- she couldn't tell me what it was unless I was willing to provide some collateral.

MS. PENZA: Had you heard the term "collateral" before?

SYLVIE: Yeah. I'm pretty sure it was either introduced in Jness or The Ethicist. So I had heard it, like, multiple times before so it wasn't a new thing to me.

MS. PENZA: All right. Can you explain what your understanding of collateral was?

SYLVIE: Yeah. It was, like, something that -- see, the way that I remember it being taught was that, say, if you had -- if I had agreed to cut your lawn, then I would give you the keys to my, I could give you the keys to my house and say if I don't cut your lawn, then you have my house. So it's kind of used to make you do the thing that you said you were going to do.

MS. PENZA: So what happened next?

SYLVIE: So I -- she gave me some ideas about what the collateral should be and that it should be something that was, like, extremely embarrassing or, like, ruinous, like, something that you would never want somebody to know about you and if they did, then they would think completely differently about you and it could, like, destroy your relationship with them. So it should be something, like, so strong that, you know, not even your family would look at you the same way. That was the kind of thing that she said.

MS. PENZA: And how did you feel when she said that?

SYLVIE: I was sort of, like, oh, wow, like, this must be, like, that could be a very special project or, like, a big deal because, I don't know, it just sounded quite extreme, but I was up for doing it. So I came up with an idea and I presented it to her that she told me -- and she took it away for a night and she came back the next day and was, like, Lauren told me it wasn't strong enough and I thought it was pretty extreme so I was surprised it wasn't strong enough.

MS. PENZA: And then what happened next?

SYLVIE: I think I presented at least one more idea that got, that I was told wasn't strong enough and then she gave me some more, like, direct ideas about what I should use. Like, I think she said, like, why don't you say, like, that you want to be a prostitute or that you are a prostitute or something like that. She gave me more specific ideas. And she suggested that I write it, like, in a letter to my parents, that I put it in a stamped addressed envelope so that all she would have to do is send it to my parents if I was ever to, you know, break the collateral.

MS. PENZA: And is that what you ultimately provided?

SYLVIE: Yeah. I wrote a letter about, you know, that I was a prostitute and I made it, like, really detailed and very, reflecting really badly on me in the way that I saw it and it was addressed to my parents.

MS. PENZA: And Monica thought that was strong enough?

SYLVIE: Yes, she thought that was strong enough. So she invited me to meet her at her house and then when I got to her house, I needed to go upstairs, she asked me to go upstairs, and I had to provide a picture to go with the collateral.

MS. PENZA: And what happened when you went upstairs?

SYLVIE: She asked me for it to be, like, a full frontal naked photo and she had set up a camera in her spare bedroom for me to do that.

MS. PENZA: And did she tell you anything about what would happen to the picture?

SYLVIE: She said she was going to put it in a safe and I remember her saying she wasn't going to look at it because I was, like, wow, I was embarrassed, but she tried to minimize my feelings, like, no one's going to look at it, like, it's no big deal type of thing.

MS. PENZA: So did you take the pictures?

SYLVIE: Yes, I did, on her camera and gave her her camera back.

MS. PENZA: After you gave her the pictures, what did she tell you?

SYLVIE: So she told me what the special project was and she called it the Master/Slave project and she told me that she would be my, she would be my master and that I would be her slave.

Do you want me to go into detail about what she said?

SYLVIE: So, then she told me about what that would mean, like, that she would be giving me special assignments that are designed to make me push through my fears and -- yeah, basically make me push through my fears and make me do things that I probably wouldn't want to do but they would be, like, good for me and make me stronger or, like, better in some way. And the -- yeah, basically, that I needed to do whatever she tasked me to do.

She told me that I would need to do acts of care for her. So these would be just things that she needed done and I could anticipate things she might need done to try to make her life easier basically. I can't remember what else she told me in that first conversation.

MS. PENZA: At that time, did you feel like you were already in this special project?

SYLVIE: Yeah, definitely.

MS. PENZA: Did you feel -- at that point, did you feel like there was an option to get out of it?

MR. AGNIFILO: Can she not lead through this part of the testimony?

MS. PENZA: Your Honor, if Mr. Agnifilo could just say "objection."

THE COURT: Rephrase the question.

MS. PENZA: Thank you, Your Honor.

MS. PENZA: Sylvie, at that time -- when you were told -- at that point, what did you believe what the collateral was doing?

SYLVIE: I thought I was in the project and the collateral would basically keep my mouth shut about it and do what I -- yes, so now I was Monica's slave and she was my master and the collateral was in place to keep that going.

MS. PENZA: Later on, did you ever have other conversations about collateral with Monica?

SYLVIE: Yes. So at some point, I don't remember when exactly but she told me that the collateral needed to be made stronger month by month. I think it was, yes, it was month by month and that I would need to bring her new collateral that was, you know, more damaging and that it would need to basically make my commitment stronger and stronger.

MS. PENZA: And was that something you did?

MS. PENZA: When you joined, did you know you would have to provide additional collateral?

MS. PENZA: You mentioned that Monica said that this would help you with your fears?

MS. PENZA: What type of fears did you have at that time?

SYLVIE: I wasn't really sure. My fears -- what my actual fears were, I'm not sure what she was talking about, but my --

MS. PENZA: What did you perceive as things you wanted to improve at?

SYLVIE: I wanted to be a better wife and a better partner. I felt really incapable of being just, like, honest with people about my feelings because I always felt like I needed to do what was pleasing to people so I was hoping to be a more honest, be able to, you know, be more myself with people, I guess.

MS. PENZA: At that point in time, how did you feel about what had happened with your career?

SYLVIE: I don't really have a career anymore. Like, I don't -- I've really felt like I really didn't know what I was doing. I was working on The Knife. I was still doing work for Sarah. I was still kind of running but I didn't think I would ever make it as an elite athlete anymore and I'm pretty sure I wouldn't have done -- I didn't feel like I had a proper career.

MS. PENZA: Did Monica tell you anything else about what would happen as part of the Master/Slave project?

SYLVIE: In that first meeting?

MS. PENZA: What did you -- did you learn anything else after that?

SYLVIE: You're talking about -- I mean, I got assigned to do things.

MS. PENZA: What about other than -- we'll talk about the specific assignments in a second.

SYLVIE: Okay. Yeah, I learned -- you're talking about branding, giving her a vow. So I learned about several other aspects over time but, yeah, not in that first meeting.

MS. PENZA: How about your communication, your daily communications with her?

SYLVIE: So, yeah, Monica, and this may have been in that first meeting, I'm sorry, but Monica asked me to create a secret chat with her and Telegram so I needed to invite her to a secret chat in the messaging app Telegram.

MS. PENZA: And what is Telegram?

SYLVIE: So it's an app that you download on your phone and they're encrypted messages. So it's encrypted end to end but then it also has another feature where you can make the chat secret which I'm not really sure exactly what that means, but basically it's even harder to get into it or to be able to see what's in it.

MS. PENZA: At that time, did you start participating in something called "readiness"?

SYLVIE: Yes. So the secret chat was going to be used for communication from Monica to me and vice versa. And so, basically, there were things called readiness drills in the Master/Slave program where I needed to have my phone with me at all times. I was never allowed to not have my phone on me. She said there was no going dark which was something that you could do in a different organization called SOP. There was a concept of being ready and you had to respond to a drill on your phone, when you were asked whether you were ready, you had to say, yes, I was ready, but you could go dark in that organization in that I could say, I'm not going to have my phone with me today, I'm not reachable, whereas Monica told me in this, in the Master/Slave program, there is no going dark so you need to be available 24/7.

MS. PENZA: What times of day would you receive readiness drills?

SYLVIE: Often, like, 3 in the morning. It was, like -- it was all times of the day or night but, definitely, it happened through the night several times and I had a loud buzzer thing for it to make sure I could hear it because if you were late in readiness, you had to do something called a penance.

MS. PENZA: And what was your understanding of penances?

SYLVIE: It's -- you do something that's physically painful to you to motivate you to do better next time or to make sure you didn't fail again.

MS. PENZA: What was the next step in the Master/Slave project?

SYLVIE: So after -- I think it was after two weeks, I'm not really sure of the time span, but Monica asked me to meet her because she told me she had her first assignment for me.

MS. PENZA: Did she use the word "assignment"?

SYLVIE: Yes. And she said my assignment -- when we met in person, she told me that my assignment was to seduce Keith.

MS. PENZA: And how did you, how did you feel when she said that?

SYLVIE: I think I, like, almost thought of laughed in shock because I was, like, What do you mean, seduce him? And she went on to explain what she meant by that. And I was, like, Oh, God, like, this is not what I want to do, but my understanding was it was an assignment from my master and I didn't have a choice, so I was freaked out basically.

MS. PENZA: When you say you didn't have a choice, what do you mean?

SYLVIE: Well, I thought I didn't have a choice. She told me that I was -- she was my master and that I needed to do whatever she said and I had given her this collateral so my understanding was that I had to do what my master said or my collateral would be released.

MS. PENZA: So after -- but you said that she, she gave you more of an explanation. What did she tell you?

SYLVIE: She was, like, you know, how you would seduce any guy, like, that you wanted to date or something, just like how you would seduce them. So I didn't, I didn't -- I didn't want to do it anyway, but I was kind of just, like, Oh, God like what does that even mean.

MS. PENZA: And then what happened next?

SYLVIE: I didn't do anything for a little bit about it. I'm not sure how long it was but I just sort of didn't do anything and then she came to me and prompted me that I needed to start my assignment. And so, eventually, I sent Keith a What'sApp message saying something like, "Your glasses look hot" or "You look hot in your glasses" or something like that.

MS. PENZA: And did he respond?

SYLVIE: Yeah. I don't remember what the initial exact response was but we were -- we were What'sApp'ing back and forth and he said something at some point along the lines of, what I remember to be, "You are going to have to do better than that."

MS. PENZA: And what did you think when he said that?

SYLVIE: Well, I think at the time, I was kind of, like, oh, that's weird, it seems like he knows what I'm supposed to be doing. I thought it was a secret. I didn't know, I didn't know whether he knew that I was supposed to seduce him. I was hoping that maybe he didn't know that, that this was from Monica, and so I thought that was weird.

MS. PENZA: What happened next?

SYLVIE: Over the course of an evening, I don't remember how it started, but I think that he suggested, I think that he suggested that I send him a picture and I started off sending him a picture of my face. And then I think he was, like, prompting me to be more vulnerable or something were the words that I remember being used.

I just want to say I did delete all these messages so I don't remember exactly what I said or exactly what he said so this is from my memory, but what I remember is that the pictures -- that he was suggesting pictures become lower and become more vulnerable and more vulnerable and more vulnerable, and in the end, whether it was that night or the following day or in the course of the next few days, I was sending him naked pictures.

MS. PENZA: How explicit did the pictures get?

SYLVIE: In the end, they were literally just photos, like, of my vagina basically with not my face, like, nothing.

MS. PENZA: And were those suggested by the defendant?

SYLVIE: Yeah. I think at times, he gave me actual poses that would be good to do, but, yeah.

MS. PENZA: Did you want to send those pictures to him?

SYLVIE: No. I thought it was part of my assignment, that I had to do it.

MS. PENZA: What was the impact on your life of having to send those pictures?

SYLVIE: Well, I was spending all this time in the bathroom trying to get, I don't know if you would call it a good picture, but, like, it was a freaky thing that I had to do in secret and, obviously, I lived with John, my husband. It was really affecting my psyche now having this weird side assignment that seemed to have turned quite dark. I was, like, very anxious and cagey. It was, like, an extremely weird, stressful time.

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DIRECT EXAMINATION BY MS. PENZA: (Continued.)

MS. PENZA: At that point, were you still honoring your celibacy with John?

SYLVIE: Well, yeah, me and John were not having sex, so, yeah.

MS. PENZA: How long did you -- for how long were you sending the defendant these types of pictures?

SYLVIE: I think it was a really long time. I don't know the -- what I call a long time. It must have been a few months because the date -- I mean, I can remember the time frame that it stopped because of an incident that happened with my dad.

MS. PENZA: So what happened?

SYLVIE: My dad contacted me on Facebook and said something like -- I think it started with him saying, like, You're going to have to get your own iCloud account, or something like that, because I didn't realize the iCloud accounts -- I knew that he had -- he had given me access to his iTunes library and that had somehow linked to iCloud account, and so when I was deleting these photos, it was creating a deleted photos file or something in the iCloud and he must have gone in there and he sent me another message saying, I found you medical pictures -- he called them medical pictures -- and so I was just, like, absolutely horrified.

MS. PENZA: And so what happened next?

SYLVIE: I begged him not to say anything to anyone and I, like, apologized because I -- I assumed he thought I was sending them to John and I definitely didn't go into details about what was happening with him, I didn't want to -- you know, I just begged him not to tell anyone basically and said, I'm so sorry, and then I stopped sending the pictures.

MS. PENZA: And after you stopped sending the pictures, what happened?

SYLVIE: Monica came to me and said -- sorry.

MS. PENZA: It's okay. She -- wait a second. I'm sorry. I think Monica said, like --

SYLVIE: Thanks.

SYLVIE: -- that I shouldn't have just stopped sending the pictures without permission and so I needed to ask Keith's permission to stop sending the pictures, and so I did ask his permission, and I'm pretty sure I explained what had happened with the photos of my dad, and I definitely told Monica about what had happened with my dad, and so he said I could stop sending the photos and the next thing would be in person.

Continue to next page9.Mistrial Argument Over Witness Naming and Proposed Privacy Procedure