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NXIVM— Case Archive
2019 Federal Trialtrial-daytrial-dayMoira Kim PenzaDanieladirectDay 13 - May 28, 2019Daniela continued direct testimony about hacking for Keith, her own and Camila’s abortions, and increasing restrictions after her falling out with him. The court overruled privacy and undue-prejudice objections to two key-log exhibits, preserving the defense objection. Direct examination remained unfinished.
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Day 13 - May 28, 2019

Daniela Testifies on Hacking, Abortions, and Increasing Restrictions

Judge Nicholas G. Garaufis
4Proceedings
3Pages
1Witnesses
1,695Lines
3Sidebars
Day 13 of 29
Appearing:
Moira Kim Penza Daniela

Daniela continued direct testimony about hacking for Keith, her own and Camila’s abortions, and increasing restrictions after her falling out with him. The court overruled privacy and undue-prejudice objections to two key-log exhibits, preserving the defense objection. Direct examination remained unfinished.

Full day summary

Daniela continued direct examination about hacking, pregnancies and restrictions she said followed her falling out with Keith. She also testified that an image showing Camila’s abdomen without her surgical scar would depict her at 16 or younger. Discussing immigration, Daniela said assistance with her own unlawful entry was later held over her. Daniela described accepting Keith’s justification that hacking was necessary to defend ESP. She testified that Kathy Russell distracted James Loperfido while she installed surveillance software on his laptop, and that she later supplied captured material to Keith or Kristin. She distinguished what she had heard about Clare installing software on Edgar Bronfman’s computer from her own observation of incoming data and acquisition of his credentials. She admitted helping Keith access Marianna’s communications, expressed regret and said the raw key logs were not completely accurate. Outside the jury’s presence, the defense conceded that content had been obtained but opposed introducing private, hacked material on privacy and undue-prejudice grounds. The court overruled the objection to Exhibits 1539 and 1544 and preserved it for the defense. Those exhibits were subsequently admitted with other emails. Earlier, the court had required more specific testimony and instructed jurors to disregard Daniela’s generalized answer asserting shared awareness of illegality. Daniela said she chose an abortion in late 2006 because she did not want the pregnancy, while disputing Keith’s assertion that they had previously agreed on that response. She described undergoing the medication abortion alone despite monitoring instructions, and accompanying Camila through an abortion in 2008. She then recounted an argument over her wish to be with Ben Myers, during which she said Keith threw her onto a mattress. She described subsequent isolation and increasing restrictions on possessions, food, movement and reporting, culminating in being put in a room on March 9, 2010. Her time in that room was not developed, and direct examination remained unfinished.

1. Daniela — Direct (Part 2)

Daniela continued her direct testimony about Camila’s age, immigration problems, unpaid work, and obtaining access to private accounts and communications at Keith’s direction.

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Procedural
Briefing Schedule for Daubert Reconsideration
28 lines
Direct
Daniela — Direct Daniela Moira Kim Penza
922 lines

Daniela described hacking accounts at Keith's direction, delivering captured information, immigration dependency and unpaid work. Emails and a compilation of captured computer data were admitted.

1 sidebar inside this proceeding
  1. Specificity of Testimony About Conversations With KeithThe defense objected to generalized testimony about conversations with Keith, while the prosecution argued that the witness was describing daily exchanges during an established period.

Highlights

Daniela — Directtestimony highlightAfter defense objections prompted rephrasing, Daniela testified that an image of Camila's abdomen without the surgical scar would show her at 16 or younger.Daniela — DirectadmissionDaniela testified that Kathy Russell distracted James Loperfido at the ESP center while she installed surveillance software on his laptop, and that she confirmed the installation worked.Daniela — Direct“I know what I did was wrong. I mean, it's, it's plain and simple illegal. I feel bad for that reason. I am -- I regret that I bought Keith's story about the mission and the good and, you know, means justify the end or whatever excuse he had.”— DanielaShe acknowledged wrongdoing while explaining the justification she said she had accepted at the time.

2. Privacy and Prejudice Objections to Mariana's Key Logs Overruled

Outside the jury's presence after lunch, the court overruled defense objections to admitting two emails described as containing Marianna's key logs.

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Procedural
Privacy and Prejudice Objections to Mariana's Key Logs Overruled
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The court overruled privacy and undue-prejudice objections to two key-log emails and confirmed that the defense objection was preserved.

Highlights

Privacy and Prejudice Objections to Mariana's Key Logs OverruledrulingThe court overruled the objection and stated that Government Exhibits 1539 and 1544 would be admitted, after the prosecutor corrected the second exhibit number.

3. Daniela — Direct (Part 3)

Daniela continued direct examination about account monitoring, her and Camila’s abortions, and escalating restrictions after her falling out with Keith. Her testimony reached the start of her room confinement; direct examination remained unfinished.

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Direct
Daniela — Direct (Continued) Daniela Moira Kim Penza
690 lines

Daniela described key-log surveillance, abortions and secrecy, her falling out with Keith over Ben Myers, and escalating restrictions while work and email reporting continued.

2 sidebars inside this proceeding
  1. Exhibit Copies and Preserved Defense ObjectionThe defense confirmed receipt of exhibit copies and maintained its previously stated objection without adding a new one.
  2. Hearsay Objection to Pam’s Statements About MarianaThe defense objected on hearsay grounds to Daniela’s proposed testimony about Mariana’s bulimia, while the prosecution identified Pam as a co-conspirator.

Highlights

Daniela — Direct (Continued)“I did not want to have the baby so it was right in line with what I wanted in that moment, but it was surprising to hear him say that.”— DanielaPreserves Daniela's own desire for the abortion while distinguishing it from her surprise at Keith's claim that they had already discussed it.Daniela — Direct (Continued)testimony highlightDaniela testified that she underwent the medication abortion alone despite instructions that someone monitor her, with phone contact but no visits from Keith or Pam during the process.Daniela — Direct (Continued)testimony highlightDaniela described telling Keith she wanted to be with Ben, an escalating argument across Flintlock and Hale, and Keith grabbing her and throwing her onto a mattress. She said she never spoke with him in person again.Daniela — Direct (Continued)testimony highlightDaniela dated being put in the room to March 9, 2010, then described the preceding years of increasing restrictions: loss of possessions, reports every 15 minutes, restricted food access and a winter lockout.
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