3.Daniela — Direct (Part 3)
689 linesDIRECT EXAMINATION CONTINUING BY MS. PENZA:
MS. PENZA: Good afternoon, Daniela.
MS. PENZA: Now, when we last left off we were looking at some e-mails that you had exchanged in the 2005-2006 time period regarding the key logging you described earlier. Correct?
MS. PENZA: Did you also have e-mail correspondence regarding the key-logging you described as to your sister, Marianna?
MS. PENZA: And can you just describe generally what type of e-mails you exchanged about that?
DANIELA: Yes. The exchange included she's asking me for status, she's asking me if I was able to gain access to her computer, and my replies were replies with the status, whether I had been able to get something. It was coordinating and reporting whether she was using the computer where I had installed it and that they needed to encourage her to use that computer so I could capture something, as well as the actual information that I retrieved from the computer.
MS. PENZA: Daniela, November 2008, what is -- at that time, what is the status of your relationship with the defendant?
DANIELA: I have not talked to him in about two years and all of our communications are via e-mail.
MS. PENZA: I am showing --
MS. PENZA: Your Honor, may I have the ELMO -- actually, Your Honor, may I just approach the witness?
THE COURT: Yes, you may.
BY MS. PENZA:
MS. PENZA: Daniela, I am showing you what are marked for identification purposes as Government Exhibit 1539, 1540, 1544, 1591 and 1592.
Can you just take a look at those for a second?
MS. PENZA: Are those all documents you are familiar with?
MS. PENZA: Are those all e-mail chains between you and the defendant in early November 2008?
MS. PENZA: Your Honor, the Government offers Government Exhibits 1539, 1540, 1544, 1591 and 1592 into evidence.
MR. AGNIFILO: One second, Judge.
(Pause. )
MR. AGNIFILO: Judge, can we just go to the side for a second? We will just take a second.
THE COURT: Yes, sure.
(Sidebar held.)
(Continued on following page.)
(The following sidebar occurred outside the hearing of the jury.)
THE COURT: Yes.
MR. AGNIFILO: This wasn't the stuff on your list, so we don't have copies of it.
MS. PENZA: These were, I think, on last week's list. So these have been -- if you don't -- you don't have copies of these?
MS. GERAGOS: We just got copies of these from Mrs. Carby.
MR. AGNIFILO: All right. All right, that's fine. No objection. No objection.
THE COURT: Except the objection you have already stated?
MR. AGNIFILO: That's right, the objection already stated. Nothing new.
THE COURT: So let me just, 1539, 1544, 1540, 1591 and 1592 are admitted into evidence. 1539 and 1544 over the objection of the defense?
MR. AGNIFILO: Yes, thank you, Judge.
THE COURT: Thank you very much.
(Sidebar concluded.)
(Continued on the following page.)
(In open court - jury present.)
THE COURT: All right, Government's Exhibit 1539, 1544, 1540, 1591, 1592 are received in evidence.
(Government's Exhibits 1539, 1540, 1544, 1591 and 1592 were received in evidence.)
THE COURT: You may publish.
MS. PENZA: Thank you, Your Honor.
EXAMINATION CONTINUING BY MS. PENZA:
MS. PENZA: One more question before we look at some of the e-mails, Daniela.
At this time -- we will go into more detail later, but what is the general nature of the back and forth you're having with the defendant at this time, aside from the key logging?
MS. PENZA: In November 2008.
DANIELA: In November 2008, well, the nature of our conversations were instructions from him to me about what to do about what he said was my ethical breach.
MS. PENZA: Okay.
MS. PENZA: So, is it fair to say that, interspersed within the conversation about the key-logging in November of 2008, there is more back and forth about the falling out that you and the defendant had later on in time?
MS. PENZA: Okay. So for now, when we go through these e-mails, I am just going to point you to the portions about the key-logging.
MS. PENZA: So I am showing you what is in evidence as Government Exhibit 1539.
(Exhibit published.)
MS. PENZA: And if we go to the -- just looking at the front page of that e-mail.
MS. PENZA: Saturday, November 1st, 2008.
MS. PENZA: Is that an e-mail from the defendant?
MS. PENZA: On November 1st, 2008?
MS. PENZA: And starting -- can you read the second and third sentences?
DANIELA: Yes.
Did you find out yesterday what's up computer-wise from your key-logger? Additionally, whatever happened to the other accounts?
MS. PENZA: What do you understand the defendant to be saying there?
DANIELA: He's asking me here about the key-logger on my sister. And then asking me about the other two hacks that I had done and what the status is on those.
MS. PENZA: And who are those other, the other accounts, what is your understanding of who those other?
MS. PENZA: And this "what's up computer-wise from your key-logger," that's what you understand to be Marianna's?
MS. PENZA: And then you respond, can you read your response?
DANIELA: Yes. I respond: The first -- the first -- there's two responses, sorry. Saturday November 1, 2008 at 10:22 a.m.?
MS. PENZA: Yes.
DANIELA: I am on my way to Flintlock right now to check my computer. The other accounts, I haven't check in a long time. I stopped checking them when I became aware they were suspecting of a hacker. And although it end up it wasn't my work, but I never did go back. I could check if I still have access ultra-carefully (in parentheses, question mark close parentheses).
MS. PENZA: So what are you conveying to -- so that first sentence, I'm on my way to Flintlock right now to check the computer, what does that mean?
DANIELA: That means I am about to go and check the key-logger on the computer I implanted on my sister's.
MS. PENZA: And then the second paragraph, what are you conveying there?
DANIELA: The second paragraph is referring to James Loperfido's and Edgar Bronfman's accounts, and I am telling him that I have not been checking them in the fear that I had that they had been compromised.
MS. PENZA: Is that what you explained to us earlier today, that you did have that fear?
MS. PENZA: Okay. And then can you read the top e-mail?
DANIELA: Yes.
It's an e-mail from me to Keith, with an attachment named out_log file dot txt.
It says: I am cleaning up the text file from Pam's computer for you. I am attaching it to you in its raw state if you'd like to give it a go. Seems Monkey has been using the big computer more. Pam must have forgotten to encourage Monkey to use the little one.
MS. PENZA: Who is Monkey?
MS. PENZA: And did you actually attach the raw-state file to this e-mail ?
MS. PENZA: And is this what a raw-state log file looks like?
MS. PENZA: So can you walk us -- can you walk us through what we're seeing here?
DANIELA: Yes. So, more or less, this is a funky one. So some of it is self-explanatory. Some of it -- sorry, isn't. So first line it's just the first initial log, I think. The next -- the second one is noise, third one noise, fourth one noise. Then you can see she's typing pamelarunner, and then the next one is -- it may be an enter logKext. Then, on the seventh line, it's a good example of just the user repeatedly pressing the arrow key down, down, down, down, down.
MS. PENZA: Here (indicating)?
DANIELA: Yes. So it's kind of visually self-explanatory to a degree.
The next line it seems she's just clicking away. The next line I see, with some information, is not here. This is just a bunch of noise.
MS. PENZA: Okay. So, sorry, Daniela, I have one question.
MS. PENZA: At the very top, what is this first line?
DANIELA: Daemon starting up.
I would imagine that's the initiation of the log. And these things are usually time stamped and date stamped.
MS. PENZA: And so this one is time stamped -- sorry, this one is time stamped October 30th, 2008?
DANIELA: That seems correct, yes.
The rest of the information on this file, except for the very bottom, seems to be a lot of just motions on the keyboard that are not actual typing. Could be mistakes, could be noise, or it could be someone just playing around with the keyboard, which is most likely what happened.
There is a little bit of typing by the end and it says: Hardware electrolog, electrologfreihofer, pamelarunner, www.my, and then a key stroke down. So that may be someone typing a domain name.
MS. PENZA: And then if we go to the next page.
DANIELA: Okay. Okay, so here we have some actual information. Here is -- this is -- this is a password in an e-mail address. In this case I know the password because this -- I know this was a password that Keith used for another one of his computers.
THE COURT: Just circle it.
THE COURT: Go ahead.
MS. PENZA: I don't think it's --
MS. PENZA: So here where it says alyxa1a?
DANIELA: That would be the password where it ends, and then kunterre@nycap.rr.com is the e-mail address.
MS. PENZA: So over here where it has that, that's the e-mail address?
MS. PENZA: Whose e-mail address is that again?
MS. PENZA: And this is a password that you were familiar with from other places?
DANIELA: Yes. Then it continues: Themightyrunner, and the small imtheonlymonkey. I know that mightyrunner was her user name for her Gmail account, so maybe what's following is the password. And, again, it's imtheonlymonkey, then the another domain starts being typed www.f and then again -- key-loggers are not precise. Like the way everything is logged is very noisy. So that's why it needs to be cleaned up.
Then again, themightyrunner# delete at Gmail.com. Again, imtheonlymonkey, so that my might be a password because it's being repeated now three times after e-mail addresses. Then pamela cafritz, that's actually just typing, and again domain www.g-o-t-o-s-c-a, gotosca, command, some unintelligible, RECONDITAA ARMONIA.
And here there's a few more lines that I recognize as opera arias: CVISSI D"ARTE, LUCEVAN LE STELLE -- lyrics. She's looking for lyrics. There's tosca. Tosca again. Again, pamelarunner, I believe that was maybe Pam's e-mail address or one of her user names.
MS. PENZA: And is this so -- if you were at -- when you are actually gathering this type of information and you see a raw file like this, what is it that you're trying to extract from it?
DANIELA: In this case, because I am trying to gain access to a specific account, basically her Gmail, I'm just looking for user names and passwords.
(Continued on the following page.)
BY MS. PENZA: (Continuing)
MS. PENZA: Okay. So, in this case, you're not looking for access to the defendant's account?
MS. PENZA: Right.
MS. PENZA: So this first one where you see an e-mail address and a password, would that -- that's not what you're looking for at this point in time?
DANIELA: No. I'm looking for Marianna's. So I can see that Marianna is gaining access to his account or trying to type in his user name and password and I didn't know if she had access to it. She's certainly trying, but that's not what I was looking for. I was looking for Marianna's user names and passwords.
MS. PENZA: Okay. And then if we go down further, can you walk us through -- so then there's more lyrics, is that right?
DANIELA: That's what it looks like, but then there's some actual typing.
So it seems like she's typing a letter and it says, after Pamela Runner: Tosca, how well you know the art of capturing women's hearts. Let her eyes be black once. Jealous? It may be misspelled. Yes, yes, I feel you, I commend you incessantly, Tosca. I know you would forgive me if you knew my grief.
So that may be just lyrics.
Your storming anger and your pulsing love.
Then, again, there's an attempt to -- or -- it could be an attempt. It could be a successful entry into the e-mail account kunterre@nycap.rr.com, which is Keith's e-mail address.
MS. PENZA: That's here?
DANIELA: Yes, and the password Alex A1A again.
And then three times in a row, Keith, Keith, Keith -- with exclamation marks at the end -- I'm sorry.
MS. PENZA: And so in between, as the writing continues, there's a lot of, like, what appear to be deletes?
MS. PENZA: What is happening? Can you tell what's happening there?
DANIELA: Yes. And, again, it's not 100 percent accurate so sometimes it can be off, but when looking at a file, it's helpful if one imagines, like, live what is going on on the keyboard.
So when I'm reading this, I'm seeing what the person is doing on the keyboard. So you might mistype something. You type delete and you type it again. That's going to be recorded as one activity, each one, and that's why the file tends to be very noisy. It's not the final output. It's just recording each and every keystrokes.
Sometimes an application can kind of interact with the key log application in a negative way and it generates more noise than it needed. So, for example, and this is probably not the best example, but maybe the mouse motion creates part of a log so that it will be more noisy than actually it is just from the keystrokes and sometimes an application might create some additional noise. So not everything is necessarily 100 percent accurate so it's spliced.
MS. PENZA: Okay. Would you -- would something like this appear -- if I'm typing a letter and I'm going back and typing again, is this, is that something that would show up as well?
DANIELA: Yes. Like here right now, just from this page, I can imagine she was going to the browser, looking at domains, maybe, like, getting a lyric, maybe moving on, like, to a different application, maybe in Word and then started typing a letter and, you know, moved on back to the internet application. So one can do several things at a time but you will just see one plain string of characters.
MS. PENZA: Okay. And then the language continues?
DANIELA: Yes.
So it continues after Keith, Keith, Keith, with delete, delete, delete, I'm sorry. Thank you for your letter. I L-O -- delete, delete, delete, delete -- won't, sorry, won't -- many deletes -- wanted to send you -- many deletes. I hope -- no. Hope you are feeling B-R-Y, delete, T, delete E-T-T-E-R. Continues unintelligible.
Wanted you to know that. I think -- maybe misspelled. I'm thinking of you, your health, my P -- delete, delete, delete -- my part here. I'm sorry. I hope we can get you out of this one sooner rather than later. I apologize for all the pain I case -- maybe "cause" -- you on a daily basis.
MS. PENZA: And so fair to say it goes on and she's continuing to write in this way of writing, deleting, writing?
DANIELA: Yes, and -- yes. Let's see. Literature here.
So this seems like a letter she's writing to Keith. It says: So you took it and ran with it? What about all the times I said I didn't want you to have those relationships. I hope you start feeling better soon. It -- question mark. What about all the times I expressed to you my opposition to the situation? What a -- delete -- what about when you ask me about starting a relationship with Camila and I said no -- delete -- question mark -- delete, delete -- you don't feel well and things are worse that I can imagine and, again -- delete strokes. Thank you for taking the time and your energy to write me. I keep the good part in my heart. More deletes. As usual, I'll choose to only keep the good part in my heart. I pro -- delete, -- I liked heart, for myself to recite very close to my heart. The other parts, I don't know what to do with them.
MS. PENZA: All right. And then fair to say it continues the same, the same kind of letter writing?
DANIELA: Yes. Yes. It continues and, again, there's another attempt on the top to enter that account.
Once beautiful. I want you to know. Delete. Don't care to have the conversation with you anymore. Forgive me. That paralyzed of the watercolor paints. I'm staying for three months so Pam can get stronger to what -- deletes -- have some time to -- delete -- less dependent and more stable. I'll -- delete -- be working on myself too. Three months is a -- maybe "long time" misspelled. Bunch of characters. I'm leaving doors opens. The door open to the possibility I might like life again. As per tonight, all I see is darkness, a dark and ugly cold night. Us, and I -- us get involved with the -- delete -- was that shelping (sic) you heal all, yes, struggle with myself. Just -- parentheses -- pointless. And parentheses, cold.
MS. PENZA: Okay. If we move -- so this continues.
MS. PENZA: Then if we look at the end.
DANIELA: At the end, at the very end. They are -- so there's another attempt to access Keith's account.
Then there is later, pamelacafritz@gmail.
MS. PENZA: So is this the other attempt on the defendant's account?
MS. PENZA: And then there is --
MS. PENZA: Is that where the pen is?
DANIELA: Yes. That's one.
There's also one on themightyrunner. That one, the one that's next to themightyrunner. Oh my one god. That looks to be a password. So those two are repeated. That looks to be a password.
MS. PENZA: And so when you see this type of information, what is that? When you are engaging in this process, what is that type of information?
MS. PENZA: And that was -- that was your sister Marianna's gmail account?
MS. PENZA: Themightyrunner@gmail.com?
THE COURT: And which exhibit is that that you were showing?
MS. PENZA: Your Honor, that is the attachment to Government Exhibit 1539.
THE COURT: All right. Thank you.
MS. PENZA: You're welcome.
MS. PENZA: And that e-mail, that ends on, that's November 1, 2008 at 4:27 p.m. Is that right?
MS. PENZA: When you would communicate with the defendant over e-mail, were there occasions where you and he would respond to different e-mail chains?
MS. PENZA: So can you explain what that means?
DANIELA: Yes. So there was a high volume of e-mails. So sometimes there would be a conversation. You know, like, I send an e-mail, he replies. I send an e-mail, he replies. Sometimes he would initiate, like later on, grab onto one of the older threads and reply on that, grab one of the previous ones and reply again or even like the same one and reply once from this last e-mail and then reply from it again so it would generate two threads.
MS. PENZA: So is it fair to say sometimes you will be having an e-mail conversation with the defendant but then there will be an answer or something else on a different e-mail thread?
MS. PENZA: And sometimes you'll be talking about the same topics on two different e-mail threads?
DANIELA: Yes. Yes. When one is e-mailing live, it makes a little more sense, but trying to read it is a bit difficult.
MS. PENZA: Looking at Government Exhibit, Government Exhibit 1540, and going to the middle of page two of this e-mail, and I'm going to ask you to look at Sunday, November 2nd, at 12:39 p.m.
MS. PENZA: Okay. So this is -- so the e-mail we just looked at was November 1st. This was the next day. And what does the defendant, does the defendant write to you?
DANIELA: He writes to me: Happy anniversary. Tell me anything you haven't. Did you get any key log info? Love.
MS. PENZA: Now, when you -- when he says "happy anniversary" there, can you explain what that means?
DANIELA: Yes. "Happy anniversary" refers to the anniversary, refers to the first time that we had sex. November 2nd is the Day of the Dead. And that's the, you know, that was the anniversary of our relationship.
MS. PENZA: And that's the day you described at Rome Plaza?
MS. PENZA: As I recall -- you don't have the exact date but that was the date you settled on?
DANIELA: My birthday is October 26th and it happened more or less a week after so that's the date, yes, that I settled on.
MS. PENZA: Okay. Now, you then respond.
MS. PENZA: You respond at 7:48 p.m. on November 2nd?
MS. PENZA: And we'll not go through the whole e-mail but, again, on page two of Government Exhibit 1540, can I have you read from, "Now, change of subject"?
DANIELA: Yes.
Now, change of subject. Key log info I sent contains a few passwords. I tried them on Gmail and Facebook with no success. Heads up, she typed your e-mail at nycap.rr.com, and the A, asterisk, asterisk, asterisk, A, password of yours several times. The rest of the info in the file is a letter for you she typed which I assume you've gotten, and a few Google searches for opera arias, perhaps looking for advice from fellow psycho girlfriend Tosca. Question mark. I cleaned up the file halfway not knowing whether you'd still want it or not. Let me know if you do.
MS. PENZA: Can you explain how that e-mail relates to the log file we just looked at?
DANIELA: Yes. This is a description of what the log file was which is precisely there were several user names and passwords. I am saying that none of them actually give me access. I am warning him that she's accessing his personal e-mail address and I described some of the content of the rest of the key log, like the searches.
MS. PENZA: How do you feel looking back at that e-mail?
DANIELA: My loyalty was misplaced. I -- Marianna -- okay. How do I feel looking at this e-mail? I helped Keith spy on my sister and I even mock her a little bit here and I kept my loyalty to Keith even against my very own sister and at this point, I haven't even talked to Keith in two years and, I mean, I haven't talked to my sister in many more years than that, but this is, this is an unforgivable breach of privacy.
MS. PENZA: Why do you think you were willing to do that at that time?
MR. AGNIFILO: Object, Your Honor.
THE COURT: Overruled.
DANIELA: I was trying to, like, even in keeping e-mailing Keith, keeping on checking on key loggers, everything I was doing is I was trying, I was trying to -- I was still very dependent, my entire life was very dependent on Keith. You know, he held the access for everything that I wanted and I didn't have and I thought, like, doing things like that for him, you know, would relieve the situation that I was in.
MS. PENZA: Okay. I'm showing you now what's in evidence as Government Exhibit 1544. I'm going to start on the eighth page of that document. November 2nd, 10:47 p.m.
This is from, this is from the defendant to you?
MS. PENZA: Okay. And, again, let's concentrate on the key log here parts. Can you read the second paragraph, please?
DANIELA: Yes.
It says: BTW -- which stands for "by the way" -- WRT -- "with regard to" -- key log, is there any additional ones? You gave me one file. The, is at least one viable password change in that file. The new gmail account. Additionally, I changed my other passwords. What about the other key log from the past? There are some potentially important things recently.
MS. PENZA: Can you explain what you understood by that e-mail?
DANIELA: Yes. So it seems like here, like, he's looking for, like, more information since this is just the one file. He is reporting back that he did change all these passwords so I suppose that was a concern and he's asking me about James Loperfido and Edgar Bronfman's accounts, explaining that there are some things they're interesting in, he's interested in recently.
MS. PENZA: And then --
DANIELA: I mean, specifically what I understood from that, as I understood from the past, is that there was something going on with a case or some development and he was asking me, like, that was the timing of it.
MS. PENZA: Now, then there's a response from you, November 3, 2008, 8:46 a.m.
MS. PENZA: And there's a response. Can you start where this is?
DANIELA: Yes.
KLG -- "key log" -- for our close friend, I will check later today. Will let you know. KLG -- "key log" -- for our not so close friend I will also check today, will also let you know.
MS. PENZA: So what did you mean there?
DANIELA: The key log for our close friend would be Marianna, my sister. That was an intrusion that was local. I directly went on her computer. It was closer. And our not so close friend I believe referred to Edgar Bronfman.
MS. PENZA: Okay. And then moving to the first page of Government Exhibit 1544.
MS. PENZA: This is from you to the defendant on November 3, 2008 at 11:19 p.m., is that right?
MS. PENZA: Okay. And if you could start reading at "My."
DANIELA: My sister's Facebook info. U -- which stands for "user" -- name, e-mail as always, P -- which stands for "password" -- oh my 8 god. I don't really want to look into it. This is between you and her. I have the latest raw text file I am attaching. I don't read through it, just look to find user password zones. I haven't found the one for gmail. There's a bunch of combos I need to try. I will let you know. Didn't find anyone to drive me to a distant location today to try other KLGS -- "key loggers" -- D.
MS. PENZA: Can you explain what's happening there?
DANIELA: Here, it seems I've succeeded in gaining access to my sister's Facebook account and I'm handing it to Keith. I am telling him that I wasn't going to, I wasn't going to surveil her. I was just giving him the user name and I was giving him the access. And I attached the file and he was asking, I think, before for the gmail which I wasn't able to get at that time and also the other key loggers, I needed -- it seems I didn't find anyone to go drive me to find the WiFi to check.
MS. PENZA: Turning now to Government Exhibit 1591, then turning to the third page of that document, starting here, is there an e-mail from the defendant to you?
MS. PENZA: Okay. And this is November 5, 2008 at 4:30 p.m.?
MS. PENZA: And what did the defendant write?
DANIELA: It says: Where are you? Did you get any KYLG -- "key log" -- stuff? What else is hanging?
MS. PENZA: And can you read your response?
DANIELA: I reply seven minutes later.
I am at home. Bad news about the KYLG -- "key logger." I can no longer get through. Kristin will give you the details and options. The one in closer proximity I have not checked. Apparently the machine is not being used. Already talked to Pam but I do not think she will make it happen.
MS. PENZA: What did you mean there? Can you explain that?
DANIELA: Yeah. I mean the part about the key logger on Edgar Bronfman which is what we're talking about, I am reporting I have no access to it and that I've given all the details to Kristin to report to him because it was more than I would write. Then I referred to the one in closer proximity which was my sister Marianna's accounts and I'm reporting I haven't checked but that the computer that was infected is not being used so I cannot keep checking it.
MS. PENZA: Okay. And then the defendant, does he respond to you, November 5, 2008 at 5:05 p.m.?
MS. PENZA: And can you just read the second sentence?
MS. PENZA: And is that in response to what you were, what you had said regarding the computer you had infected on Marianna?
MS. PENZA: And then you respond at 5:11 p.m., is that right?
MS. PENZA: Okay. And what do you say?
MS. PENZA: Okay. And then at 5:14 p.m., what does -- how does the defendant respond? All right. You can start at "With regard to."
MS. PENZA: Okay. And then moving to the bottom of the second page, is this your response at 5:19 p.m.?
MS. PENZA: Okay. And then back to the third page, did you respond to the defendant's question?
DANIELA: Yes.
It says: And that is right. I can get no downloads. Never did get those safely. I had a normal way in.
That one?
MS. PENZA: Yes.
MS. PENZA: So what were you saying there?
DANIELA: I was -- well, he asked the downloads which I never -- to be precise, for the hacked into Edgar Bronfman's account, I never really did get downloads. After the first download, I got the user name and password and I killed the upload, which would be the download, entry. I would just be surveilling his e-mail address directly.
MS. PENZA: And then?
MS. PENZA: And does the defendant respond?
MS. PENZA: And is this within a minute of your e-mail to him?
MS. PENZA: And how do you respond?
DANIELA: I replied right way.
Killed that entrance as soon as I got the info I needed since it was very visible and thus very vulnerable.
MS. PENZA: And so what were you conveying there?
DANIELA: I was refreshing his memory that there were never any downloads after the first intrusion.
MS. PENZA: And now I'm showing you what's in evidence as Government Exhibit 1592. And if you look at the time, if you look -- first, going back to 1591, can you describe the subject line?
DANIELA: Yes. It seems to be replying and it has, in characters, a little kissy mouth emoji face, like an X in the mouth.
MS. PENZA: Okay. And then looking at Government Exhibit 1592, is that the same subject line?
MS. PENZA: Is this an example of one of the places where you and the defendant are speaking on two different threads?
MS. PENZA: And just looking on November 4, 2008 at 7:35 p.m., can you read the second part of this sentence from the defendant?
DANIELA: Yes.
It says -- well, it says: Please tell me them. Also any more on our friend's key log or the other?
MS. PENZA: Okay. And then how did you respond?
DANIELA: Key logs, no more on our friends but I should actually be there checking right now. The other I haven't found a way to do it. My limited contact with people outside my little circle leaves me very few choices and I need help getting to a relatively far away location for safety. Was planning on asking Kristin tomorrow to help me arrange it.
MS. PENZA: And so what are you conveying there to the defendant?
MS. PENZA: Just going back very briefly to Government Exhibit 1544, did this exhibit have an attachment?
MS. PENZA: And this was the e-mail we looked at before where you said you were attaching the latest raw text file, is that right?
MS. PENZA: Just look at that very quickly and showing you the last, last ten pages of Government Exhibit 1544, is this the log file you sent the defendant?
MS. PENZA: And the same type of information that we saw last time?
(Continued own next page.)
BY MS. PENZA:
MS. PENZA: And was this a document where you obtained her Facebook password from?
MS. PENZA: So going back now to before you had your falling out with the defendant, did there ever come a time -- you told us last time that you had an early discussion with the defendant about conception; is that right?
MS. PENZA: At any point while you were having sex with the defendant, did you use any kind of contraception?
MS. PENZA: Why not?
DANIELA: Well, he had said that about going on the pill and he wasn't using any other kind of contraception.
MS. PENZA: At that time when you were having sex with the defendant, would he ask you where you were on your menstrual cycle?
MS. PENZA: And did you have an understanding of what his purpose in doing that was?
DANIELA: I thought that he was asking precisely -- you know, there's a thing in Mexico called the rhythm. And he would ask -- he would ask, you know, when is the last time you had your period, you know, but he also knew that I was very irregular, but I thought that that's the reason why he was asking and that he was, you know, sort of gauging that.
MS. PENZA: Did there ever come a time when you became pregnant?
MS. PENZA: When was that?
MS. PENZA: What do you mean by second semester?
DANIELA: Well, the second part of the year. Like, the later part of the year. It wasn't early 2006. It was later in 2006.
MS. PENZA: And how did you realize you were pregnant?
DANIELA: I -- I felt different and maybe I just knew, but it jumped into my head what if I'm pregnant.
MS. PENZA: So what did you do?
MS. PENZA: How did you feel?
MS. PENZA: How old were you at the time?
MS. PENZA: What were you terrified of?
DANIELA: Having a baby with Keith. I didn't want to have a baby and I didn't want to have a baby with Keith.
MS. PENZA: Why?
DANIELA: And he had -- he had in the past always, like, joked about it. Oh, we'll have babies. We'll have babies with really big heads, really smart babies. There was a point in conversations with him -- I even researched eugenics because he would mention things like that, but I didn't want to -- my relationship with Keith was not something I -- I liked Keith. I thought -- I idolized him. I thought he was a great man, but he was with a lot of other women and he was with my sisters and that was not something that I wanted the world to know. You know, that was something that caused me a lot of shame.
So I could not imagine having a baby with him. I could not -- and I also was very young and I didn't feel ready but mostly I didn't want to have a baby with Keith.
MS. PENZA: Did you tell anyone?
MS. PENZA: Did you tell your parents?
MS. PENZA: Why not?
DANIELA: The fact that I was having sex with him was a secret. I could not tell them that I was pregnant.
MS. PENZA: What about your sisters?
MS. PENZA: So, you told the defendant?
MS. PENZA: And can you describe what state you were in when you conveyed this to the defendant?
DANIELA: Well, I was -- I was, as you would imagine, very emotional. And I was -- I was, I would say panicky and it was a big -- I mean it's big -- it's huge -- it's a huge thing and so I went to tell him and -- and -- and he was very -- and he was very calm and collected. Like, to him it was not like -- I was not like what it felt like for me.
He didn't react to it. He was -- his response was very surprising to me. I'm sure he asked me a few questions. I don't remember those exactly, but I do remember he said, well, we've already talked about this. We've already talked about what you do if this happens. And we had never talked about that before, never. I would have known.
So he very matter of factly (sic) stated that we already talked about that if I got pregnant, I would have an abortion. So that interaction was very shocking to me and I was very emotional and I was very scared but it's also what I wanted. I could not imagine having a baby. So I didn't push back. Even though I knew we did not have that conversation. 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.
MS. PENZA: What else did the defendant say?
DANIELA: Well, we talked about it. He, you know, calmed me down a little bit but he said. You know, he normalized it. He calmed me down and he told me it's -- sort of like it's not the end of the world. He shared with me other women who had had abortions in an effort to make it normal.
MS. PENZA: Who did he mention?
DANIELA: He mentioned Pam. He mentioned my sister Mariana and with the intended effect to make it seem, I believe, like more normal, which it wasn't. I mean, I come from a different place with different values, so it didn't help but my decision had been made any ways.
MS. PENZA: Did he talk through any logistics with you?
DANIELA: Yes. So he -- he -- he told me that, you know, this was no big deal. Pam was going to take care of it. He was going to pay for it. That -- it was very smooth. Like, you're going to do this, this is going to happen and everything is going to be fine. The logistics were that he was going to tell Pam and nobody else would know except Pam, himself, Keith, and me. And Pam was going to take me to the doctor and Pam was going to accompany me throughout that and she was going to, you know, get it done.
MS. PENZA: What happened next?
DANIELA: It went exactly as he had told me. I went to -- I went to the gynecologist with Pam. I believe that was the gynecologist that she had been to before.
MS. PENZA: Before you got to the gynecologist, did you have any conversations with Pam?
MS. PENZA: Okay. Can you describe those?
DANIELA: Yes. It was kind of like -- yeah, like, they were going to ask me a series of questions and we had a conversation of what I should answer.
MS. PENZA: When you say "they were going to ask me a series of questions," what do you mean?
DANIELA: At the clinic. You know, there would be a questionnaire that I needed to fill out and they were going to ask some standard questions that she seemed very familiar with. So it was like crafting a cover story. Okay, so this is what you're going to say and, I mean, at this time, you know, there are issues as to -- as technical as my status in the country and what I should say about that and also I remember about, you know, they're going to ask about the father. You know, what do I say about that so it was talked out before and I remember being a little nervous going in.
MS. PENZA: Had you ever been to a gynecologist before?
MS. PENZA: Did Pam tell you what to say in response to the questions that you were expecting?
MS. PENZA: What did she tell you to say?
DANIELA: There's parts of it I don't remember, but it was something like for -- for, like, my status that I was in the country temporarily, that I wasn't a resident, that there was something technical about that and regarding them asking about the father of the child, that I was in a long-term stable relationship. It was something like that.
MS. PENZA: Was there a discussion about what you would say about the age of the father of your child?
DANIELA: There wasn't so much a discussion about, like, the specifics of they asked me that, it was just very clear that, you know, under no circumstances was to be named Keith or to be told those details.
MS. PENZA: Was there discussion about what you would say Pam's role in your life was?
DANIELA: Yes. She was a family friend. That's like, you know, that she was a friend of the family. It was something like that.
MS. PENZA: Do you remember where the doctors office was?
DANIELA: Yes. It was on the same exit as the center except instead of taking a right turn there, you take a left and go straight. I remember the name of the doctor and the clinic. It was Dr. McGuiness.
MS. PENZA: How did you feel when you walked into the clinic office?
DANIELA: I remember I was very nervous and I was scared. I mean, there was -- I was scared in general. I mean, I -- it's no small thing. For me it's no small thing. It's not a small thing and on top of it I was nervous for the things I had to say and what was going to happen and that seemed risky.
MS. PENZA: When you went in, did Pam stay with you?
MS. PENZA: So what happens?
DANIELA: So as I remember, first, like I walk in and I had to fill out the questionnaire and she's there with me, that happens. And then I go in and for the period where there's like -- there's like a nurse or a technician. There's someone there that's asking me questions. Pam was there for that and -- yeah, she was there for that.
MS. PENZA: Were they the same types of questions that Pam had coached you on?
MS. PENZA: So did the -- was this a medical abortion where you used pills?
MS. PENZA: And did the process start that day?
DANIELA: I don't think so. I don't remember that it started that day. I remember having to go back to the clinic at least once and I think what actually happened is they gave me the prescription or the medicine and the instructions to take it at a certain date and then that would begin something and that first date they did do an ultrasound and other things. They had to do some things first. And, yes, they had to do an ultrasound because there was a device that was very invasive and then I think they needed to wait for those results to determine what was going to be done.
MS. PENZA: Okay.
MS. PENZA: Okay. When you were prescribed the medication, were there P instructions given about who should stay with you?
DANIELA: Yes. So, I remember because I was scared about that. There were risks about, you know, the pain and the bleeding needed to be monitored so the instruction was that I -- like I needed to be with someone. I needed to have company throughout to make sure that I was okay and there were, like, pain patches that were prescribed and those pills and the instruction was that I needed to be monitored, that I needed to have -- throughout the entire process because things could go wrong.
MS. PENZA: Was Pam present when that conversation took place?
MS. PENZA: Okay. When you did go through the process, were you -- were you with anybody?
MS. PENZA: Can you just describe generally what that was like for you?
DANIELA: Yes. So I took the medicine and there was a lot of pain and I was incredibly emotional. I was incredibly emotional and I remember those days as horrible because I was in physical pain, I was scared, I was, like, really troubled by, you know, by what I was doing. I knew my decision but it wasn't an easy decision and it's -- it's just not an easy concept for me and I was completely alone. You know, Keith didn't visit me, not once. Pam wasn't there with me. Nobody knew about it. I was all alone in -- I was all alone throughout it. I was checking in with Pam on the phone and I'm sure with Keith too but I was alone throughout the entire process.
MS. PENZA: Once you were -- once the abortion had happened, did you talk to the defendant any further about it?
DANIELA: Yes. I mean, that was eventually over and I quickly recovered. It was just, like, a lot of intense pain and a lot of process but I quickly recovered but I remember just a few days after, a few days after we were on a walk and he told me this was a great opportunity for me to lose weight and get fit. I was like -- I said what do you mean. He said when a woman gets pregnant, their hormones and their metabolism change so that it's easier for a woman to lose weight and to get fit, muscle mass and all of this. He said, in fact, there are Olympic athletes get pregnant on purpose just to have abortions as part of their training. He said that to me.
MS. PENZA: How did you feel when the defendant said that to you?
MS. PENZA: Did you ever learn that either of your sisters got pregnant again -- sorry. Did you ever learn that Mariana got pregnant again?
MS. PENZA: How did you learn that?
MS. PENZA: Can you describe the conversation. I remember learning from Pam and telling her what's going on. Like why is she pregnant again. I knew at the time that Mariana was taking birth control. How is it possible that she's pregnant again? I was upset. You know, like, that was the second time she was going to be pregnant and she was going to have an abortion and it was ver, she's going to have an abortion. And I remember she told me --
MR. AGNIFILO: Your Honor, I'm going to object.
THE COURT: Sustained.
MS. PENZA: Your Honor, may we approach?
THE COURT: Sure
(Sidebar held outside of the hearing of the jury.)
(Continued on next page.)
(The following sidebar took place outside the hearing of the jury.)
THE COURT: Yes.
MS. PENZA: Yes, Your Honor. Your Honor, the statement that Daniela -- that I was about to elicit from Daniela is about Mariana's eating disorder and their awareness of the fact that Mariana had bulimia and she was throwing up the pill and this -- this environment where Daniela is being held by Pam and the bulimia and eating disorders and total obsession about her weight is part of the means and methods. It's one sentence and then we're going to be moving on from that.
MR. AGNIFILO: My objection is a hearsay objection. I have a standing objection to all of the abortion stuff and we'll get back into that. If she wants to call Mariana, she can call Mariana.
MS. PENZA: No, this is about Pam. Pam is the co-conspirator.
THE COURT: If it's something that Pam told her, you can put it in.
MS. PENZA: Thank you, Your Honor.
(Sidebar ends.)
(Continued on next page.)
BY MS. PENZA: (Continuing.)
MS. PENZA: Daniela what did Pam tell you?
DANIELA: She told me that her thought that she had thrown up the pill because she was still throwing up and she was bulimic. So that's how she had gotten pregnant.
MS. PENZA: Did you have a further conversation at that time with Pam about Mariana's bulimia?
MS. PENZA: What was the response?
DANIELA: It was too light for my taste. It just what was happening. So, she wasn't taking it very seriously.
THE COURT: I am sorry, who wasn't taking it seriously?
THE COURT: Okay.
MS. PENZA: Thank you, Your Honor.
BY MS. PENZA:
MS. PENZA: Did you ever learn that your sister Camilla was pregnant?
MS. PENZA: Do you remember how you found out?
DANIELA: I don't remember exactly who told me. I don't recall if it was Cami. I don't remember if it was Pam.
MS. PENZA: And when was it that you found out that Camilla was pregnant?
DANIELA: I -- it was after I had had my pregnancy and it was -- Cami was a few months over 18. It was 2008.
MS. PENZA: At that time when Camilla gets pregnant, what is your relationship with the defendant?
DANIELA: I'm -- we're not talking. It's been since 2006, late 2006. So that was, like, mid 2008 so we hadn't talked for a long time.
MS. PENZA: So what happens after you find out that Camilla is pregnant?
DANIELA: I find out she's pregnant and I want to be there for her and it's -- I'm recruited to help.
MS. PENZA: Who recruits you?
MS. PENZA: And what is your conversation with Pam?
MS. PENZA: That Camilla is going to have an abortion?
THE COURT: Just say yes or no.
DANIELA: Yes, yes. And I remember -- you know, I'm recruited to be part of the process. I'm brought along and I want to be there for my sister, too. I think that I can relate and I love my sister. So -- and I don't know how it happens or who has a conversation but she's okay without -- with me knowing and me being there for her so, you know, it starts and it's similar to what I went through.
MS. PENZA: So what do you mean by that? What are the similarities?
DANIELA: The similarities is, you know, it's the same clinic. Pam is going to see it through and I know that Cami is talking to Keith about that, but I'm not present for any of that. I just want to give her her space and be there for her and make sure she's not going through it alone the way I went through it alone.
MS. PENZA: Did you actually go to the doctor's office with Camila?
MS. PENZA: And was anyone else with you as well?
MS. PENZA: Before going there, the way you described before, the discussion you had with Pam in advance of going for your abortion, was there any similar discussion with Camilla?
DANIELA: Yes, there was also a crafting of a cover story, but this one seemed a lot more sensitive because my sister, you know, was very young. So, it seemed a little more -- I mean, I was nervous again, but it also seemed -- you know, it was -- it was clear that it was important that those things, you know, we got right.
MS. PENZA: Were you able to observe anything about Pam's demeanor in this situation?
DANIELA: Yeah. I thought she was nervous too. You now. I don't know if because this time I was paying attention. Last time I was in a terrified state and when I was with her she was smooth and knew her way around, but this time she seemed a little nervous.
MS. PENZA: So then what happened?
DANIELA: So went to the clinic and, you know, there's the same type of concerns, the same type of talk about what she should say and what should she do and all of these things and it was tense. It was a tense environment and we all went into the examination room. I remember that. So I went in with Cami, Pam was with us and the nurse or technician was there and sure enough, you know, she started asking all of these questions and -- and there was something that caused some alarm in this person, I don't remember who it was, but that was asking the questions.
And I don't remember exactly what it was, but I remember feeling like she's asking -- she's asking a lot of questions now and in this -- in this examination that they're conducting something happened, like, they pulled up a file or maybe the technician -- if something happened, I don't remember what, but this person mentioned that, you know, I remember that I had had an abortion, not somebody else's abortion but it was my abortion, and it was raising all kinds of flags.
MS. PENZA: I want to stop you for a second.
MS. PENZA: So while you're there for the process of Camilla's abortion, someone in the office mentions that you had had an abortion?
DANIELA: Not saying straight up, but as cause for concern. That's how I remember it and as I remember it, it happened -- I mean, there was all of these questions which is exactly what we should have prepared for that Pam was preparing us for that or for that not to happen and I remember I mentioned to Pam, "Should she have disclosed that?" And Pam snapped and said no, she shouldn't. And she made a big fuss about it; that no, she shouldn't and she pushed back against what was happening. No, she shouldn't have done that. It's very bad. It's against the rules.
(Continued on the following page.)
EXAMINATION CONTINUES BY MS. PENZA:
MS. PENZA: Was Pam doing that at the office?
MS. PENZA: That happened at the clinic on that visit?
MS. PENZA: Do you remember her saying anything else?
DANIELA: I just remember her being very upset and that -- and when Pam got really upset, she just would go over the same thoughts over and over again. Keith used to call it she was looping. She was looping and looping and looping out loud. So I remember she just kept repeating those things, and she -- that fuss she made was very effective, so that the technician went like, ah, she really should not have said anything. There was something about like patient confidentiality that she was talking about that she should not have disclosed in front of one patient somebody else's -- you know, some other patient's information. And she had been right about that.
And so, you know, kind of diffused, you know, the tense situation that was going the other way in questioning Cami and what she was doing and what was going on.
MS. PENZA: What happened after that?
DANIELA: We left, Cami, Pam and myself all in the same car the way we arrived. And I think they dropped me off and I went to -- they dropped me off and they went to Flintlock and I was just trying to give my sister her space to process all that.
MS. PENZA: In the car did Marianna discuss what had happened with anyone else?
MS. PENZA: I'm sorry, excuse me. Did Pam discuss what had happened with anyone else?
DANIELA: Yes. I remember she called Keith and I remember that happened, like -- like before she drove because she couldn't be driving and talking, you know, because she was looping. So it was a quick phone call and it was something like: We'll talk about it. Like, okay, we'll talk about it when I get back. Just, it's done, calm down; just, you know, everything's gonna be okay. And the rest of the conversations I didn't hear because I wasn't present for them.
MS. PENZA: Were you with Camila during the process of her abortion?
MS. PENZA: How was that for Camila?
DANIELA: It was hard. I remember she was in a lot of pain. I remember there were limitations to the type of pain medicine she could have, so I remember her just being in a lot of pain and not being able to like really take something to make it feel better. And --
MS. PENZA: Did you have a frame of reference for her pain tolerance at that point?
DANIELA: Yes, so I -- I knew she had gone through the awful appendix thing and I remember thinking, oh my gosh, she can take a lot of pain. And so seeing her in pain, I knew that she was not exaggerating. I mean she could take a lot of pain, so she's in pain, it's a lot -- a lot of it.
And also, I think that I mean all I can do is compare it to me, right, my experience. So I think that for her it was harder, like in an emotional way. I don't think she was very clear on whether -- or at least that's what I sensed, on whether, you know, like the decision to keep the baby or not keep the baby, like maybe that wasn't so easy for her. Like for her it wasn't as clearcut as maybe it had been for me. So, I think she struggled emotionally and physically a lot.
MS. PENZA: Looking back, what is your impression of Pam's role in this process of your abortion?
MR. AGNIFILO: I object.
THE COURT: Overruled. You may answer that, and then we are going to take a break.
BY MS. PENZA:
MS. PENZA: Looking back, what is your impression of Pam's role in the process of your abortion and Camila's abortion?
THE COURT: Can we take that in two questions?
MS. PENZA: Looking back, what is your view of Pam's role in your abortion?
DANIELA: I -- I -- I -- I think she was there to facilitate it. She was the -- she seemed very well-versed in it and -- and, you know, she was like a handler. You know, like -- like she knew what needed to be done and to, like, make sure it was done right.
So, and -- you know, at the time I thought it was -- it felt like she was taking care of me, but really now looking back I think she was making sure that there were no liabilities; that there was -- like the risk was minimized, you know, in the different sense on the exposure of the -- of the, you know, of the status, for example, in my -- in my instance, or that there would be too many questions about, you know, who's the father, who's this, who's that. So she was there to make sure that didn't happen.
MS. PENZA: What about her role -- looking back what's your impression of her role vis-à-vis Camila's?
DANIELA: Well, when I went through the process with Cami and Pam was there, that was confirmed. You know, that -- that -- that her -- that her role was to facilitate having those abortions. That her role was to make sure that it went well, that it didn't get back to Keith, in a way. You know, like that she would shield Keith, you know, in this activity that went on, you know.
Here you have two sisters, one that is really young, and the other one that, you know, like -- and I actually don't know about how the process was like for Marianna, I don't know if it was the same clinic, but at least talking about Cami and me, a lot of questions are raised from that. So Pam -- Pam's role was very clear in that she told us what to say, told us what to do. And yes, cared for us and, you know, made sure we had the medicine, but really it was to make sure that everything went according to plan.
MS. PENZA: Thank you.
THE COURT: All right, we are going to take our mid- afternoon break.
All rise for the jury.
(Jury exits.)
(In open court - jury not present.)
THE COURT: The witness may stand down. Please do not discuss your testimony with anyone.
We will take a ten-minute break.
(Judge NICHOLAS G. GARAUFIS exited the courtroom.)
(Recess taken.)
(Judge NICHOLAS G. GARAUFIS entered the courtroom.)
(In open court - jury not present.)
THE COURT: Let's bring in the witness, please.
(Defendant entered the courtroom.)
(Witness entered the courtroom and resumed the stand.)
THE COURT: Please bring in the jury.
(Jury enters.)
THE COURT: Please be seated.
All right, Ms. Penza, you may continue your examination of the witness.
The witness is reminded she is still under oath.
MS. PENZA: Thank you, Your Honor.
EXAMINATION CONTINUING BY MS. PENZA:
MS. PENZA: Daniela, we've talked a number of times about the fact that at some point you had a falling-out with the defendant?
MS. PENZA: When was that?
MS. PENZA: How did the falling out happen?
MS. PENZA: Who is Ben Myers?
DANIELA: Ben Myers was a student at ESP, was also an employee of ESP. He worked in the IT Department under Karen and with Steve Ose.
MS. PENZA: What was your level of interaction with Ben Myers?
DANIELA: It was just friendly. I would see him at community events, when there were some. He went to all the volleyball games, so I would see him there, and that was it, or in some kind of work setting, which there weren't many of them. To make a contrast, we never, like, did any activities apart from that together. Like there wasn't coffee, there wasn't a party that -- so it was just friendly in the community interactions.
MS. PENZA: Do you know how old Ben was at that time?
MS. PENZA: And did you have things in common with Ben Myers?
DANIELA: Yes, computers. And -- yeah, like the geeky thing of the computers and at that time I was trying to get into Star Trek. So he was part of the Star Trek club.
MS. PENZA: What was the Star Trek club?
DANIELA: So one of the community events, and it was, I think, strictly for like geeks, because really it was Karen, Steve Ose, Ben and myself, we would get together be like once a week and watch Star Trek.
MS. PENZA: Now, you said you kissed Ben Myers. What happened -- what happened before that?
DANIELA: Right, so -- so I -- it happened one night at Star Trek. I had never felt attracted to him before. It was really just like a friendly relationship, like with anybody else at ESP, and one night at Star Trek everybody left and we were the only ones there and we were talking. And we were like next to each other and -- and we almost kissed. I felt -- felt something. I -- like I felt something for him and I think he felt something for me and there was this, like, brand new feeling for me of attraction, which was -- it was new. That's all I can say. And -- and it was an intense moment. It was an intense night. Nothing happened. We didn't even kiss, but it was like really close. So there was like this tension that -- that build up and that happened there that night.
MS. PENZA: So what were your thoughts about that feeling that you were having?
DANIELA: Ah, I don't know that I had any thoughts. It was all feeling. It was -- honestly, it was very exciting. I never had those feeling before for men, for a woman, for a man in my case it turned out to be. And it felt wonderful. It felt -- it felt -- it just felt really nice. You know, like this tingly thing that happened inside my body and this like wild attraction, very -- very physical and at the same time like very lovely. So I was very -- I was very surprised and very happy by it, yeah.
MS. PENZA: Did you -- after that first night, did you tell anybody about this feeling that you experienced?
MS. PENZA: Who did you tell?
MS. PENZA: Why did you tell the defendant?
DANIELA: I guess in all my innocence I, you know, I -- I was -- he was my best friend. I think that's pretty much it. I had nobody else to tell, and I -- it never crossed my mind to hide it. It was this brand new discovery I thought I had made, you know, like this thing for a long time before that I thought I was kind of asexual. Like, you know, I wasn't -- you know, I obviously was doing things to Keith and I was doing things with Keith, but even before him, like it was not something that I ever had felt before. So it was like this lovely discovery in myself and it was about me. I didn't even consider, you know, what it meant, you know, about him or anything else.
So I was just there to tell him, I -- this happened and this is how I felt. And kind of like, you know, more like as a friend, kind of like, you know, share it. Figure it out.
MS. PENZA: Did you -- was that -- did you tell him that night?
MS. PENZA: When you described it to the defendant, did you describe it the way you've just described it to us?
MS. PENZA: And how did the defendant react?
DANIELA: It was clear to me that it was not good. Like it was a -- it was a bad thing. I had done something bad. It was -- in like complete contrast with what I was feeling was his reaction to it.
And I remember feeling like, oh, you know, like it was a huge -- like, oh, shit, you know. And there was -- there was a conversation about it, and maybe even a couple of conversations after that where he said: I -- you know, I caused those feelings, that I could choose who to have them for and I wasn't having them for him, for Keith. So there was like this -- this -- this drift. So I didn't -- I really didn't push back much at all that I remember. It was like I understood that he didn't think it was something good and I just, like, stepped back for a little bit.
MS. PENZA: How did you feel about how the defendant reacted to what you had shared?
DANIELA: I felt -- hmm, I felt -- hmm, I wouldn't say disappointment. I felt -- I felt a little bit confused, I think. I think it would be fair to say I felt confused. I felt -- so it didn't help me at all to understand what was happening, which is kind of what I was seeking, but he put up a wall of: Don't go there, that's not good. Like that's how I feel his reaction was.
So, you know -- but this that I just felt was like -- I mean it was amazing to me. Like, I was like -- probably like at the time it was the most amazing thing I had ever felt like inside of me, in my young adult like. It was like a huge -- you know, like this huge thing and he's like, no. His reaction shouldn't have, but it surprised me, I guess, like totally surprised me.
MS. PENZA: After that conversation with the defendant, did the defendant say anything to you about Ben Myers?
DANIELA: Yes. I mean he said more about him in the -- in the conversations that would follow, but honestly in that first conversation, in the string of conversations after we almost kissed, what I can remember is just what he told me about me that, you know, because for me it was like this wonderful thing and maybe this is love, maybe this is like -- what is this wonderful thing?
And his -- his direction was: No, no, no, no, no, that's not what it is. You are making it up. You cause every single feeling you have and you should have that for me, not for him. But I didn't pay much attention as to what he was saying about him. I was still very much focused in what I was feeling and what I thought of it.
(Continued on the following page.)
BY MS. PENZA: (Continuing)
MS. PENZA: So what happened next?
DANIELA: I mean I listened to Keith. He -- I listened to everything he had told me, but this had not gone away. And I think it was, like, the next week and the next Star Trek, I saw Ben again and I was very curious about it and I was very excited honestly to see him and -- I remember I even, like, not exactly dressed up but dressed nice.
MS. PENZA: Do you remember what you were wearing?
DANIELA: Yes. I was -- it was, like, fall so it was a little chilly and I was wearing a long sleeve top, white top, crewneck, and I was wearing a Ralph Lauren, like, long skirt with two buttons on the side. I thought I looked nice.
And I went to Star Trek and I was looking forward to it and I was looking forward to seeing him and just like the week prior. I saw Ben there and we were the last ones to leave and we stayed for a while and we talked and we got closer and he kissed me. And we kissed and, you know, we were on the couch where we used to watch Star Trek and we, I think the slang word is we made out. But, you know, it was -- it was very -- it was very nice.
So that night, we kissed, we made out, and I realized that all of this that I was feeling was something that I wanted, you know -- it made me feel, oh, it made me feel so many wonderful things. And it was, it -- it felt real. It felt true. It felt nice. So, and I liked the way, I liked the way I felt with him and I liked what happened. I mean, granted, I was, what, 21 years old maybe? Maybe old for that first experience but I, I was feeling it and I really liked it and I think I realized what that was and I'm, like, I want this.
MS. PENZA: So what did you do?
DANIELA: So that night, I went straight to Keith to talk to him, to tell him about what happened. It was never my intention to hide anything or to, you know, make it seem like something else, and to, like, to figure out -- like, to me, it was, like, all right.
So, obviously, I have this relationship with Keith, I have promised to be with him forever, and, you know, now I've discovered this thing and I want to be with, with Ben. And, you know, I'm not sure that I would say, the exact word to say, oh, I was in love with Ben. I had this huge crush and he had awoken this thing in me and I had feelings for him and I wanted more of that. And, you know, in my mind, it was kind of simple. It was, well, I'm going to talk to Keith and, like, like, almost, like, negotiate, like, okay, so I want to be with Ben and began, you know -- be friends and everything. We have, we can still have -- and, you know, I remember, like, all the things I was thinking I was going to say and I did end up saying. And so I went to him to have this honest conversation with him and I didn't think it was going to be easy but that's what I went to tell him.
MS. PENZA: You went directly after this second Star Trek night?
MS. PENZA: And where did you go?
MS. PENZA: So what happened?
DANIELA: My universe exploded. When I told Keith, that moment is the moment when my life went -- and I didn't even -- he, he was, he was angry. I had never seen him angry. He was -- it was dramatic. It was irrational. It was illogic. I remember that night and I remember there was no reasoning with him.
And I was -- I thought what I was trying to say, what I was trying to get through to him was something simple, you now, maybe not easy. You know, maybe like now, looking at it from now, like, I'm breaking up with him. Like, let's be friends. You know, like -- not like something that's the end of the world, but it was this huge, huge fight. It was, like, loud. I had never seen Keith that way. And, you know, the actual conversation, which escalated to argument than conversation over the course of the night, he said things like, you know, I wasn't pure anymore and I had been this specialist thing and, you know, I held so much promise for him and I had destroyed everything, that I had destroyed the thought object of him.
MS. PENZA: What is a thought object?
DANIELA: A thought object is an ESP term. It's a little complicated to explain, but the thought object is basically, as I understand it -- so I had an idea. There's a world that we all share and we live in the reality of things. And then we have the way we see the reality, all of us, and that includes this, particular people, particular things, how we have it in our minds and how we perceive it which is not necessarily the same as reality.
So, for example, so I have a certain idea of what, you know, Moira is like. I'm sorry to use your first name. But, and everybody has an idea of what that person is like and it's not the same as reality because that's constructed based on our perceptions, right? And every person has the ability to change that inner, inner Moira in their head based on their thoughts about the real Moira.
So the thought object is this construct that is not necessarily linked to reality and the concept in ESP is one must be honorable because one can't destroy the thought object of someone simply by your thoughts about them and your feelings about them. And so that's how it works.
So, for instance, if I think ill of you and you haven't done anything to, for me to think ill of you, then it's dishonorable for me to be thinking those thoughts because I'm changing my thought object of you. Likewise, if I go and tell, gossip to someone about you and it's not true, it's dishonorable, and they change the way, oh, you know, they think about that person, then their inner Moira, their thought object changes and that's dishonorable. So the concept of thought object in ESP was tightly related to, you know, damaging and ethical breaches because something you did could affect the thought object of somebody else and now you had to go and reconstruct that in every person because you did something that caused everybody to think ill of someone else so now you have to go and repair that.
So in this case, when I'm talking to Keith, he is telling me that the way I think of him, I've changed forever and I've destroyed it and that is my fault and that is an ethical breach for me and that's what he's referring to.
MS. PENZA: And is that -- we'll go back to the fight that night, but is that something that would become something that the defendant was focused on later on, this idea of the thought object of him in your mind and in others' minds?
DANIELA: It was, yes. It was very heavily the focus of, of a lot of what would happen in the coming years, yes.
MS. PENZA: So back to that night, what else is happening?
DANIELA: Well, I remember it was a very intense back and forth and I used, to the best of my understanding, you know, the relationship as I knew it to make him understand.
So, for example, I had -- so the way I saw it, Keith didn't really love me. Keith loved my sister Marianna. Keith loved Pam. He spent a lot of time with them. He spent time with me but it wasn't romantic, it wasn't sexual. I mean he had me give him oral sex but that was very robotic and mechanical. He never napped with me, slept with me, never kissed me, fondled me, had affection for me. So it was clear to me and I saw him do it with other women and I saw he loved other women and that's how I felt it.
So now I had found someone felt something like that about me and I felt it about them so I could have love too and I was trying to explain that to him and tell him, You don't love me anyway. Like, why are you -- why can't we just be friends? You can still teach me. We can still do science together. We can still do great things together. And he, like -- there was just no reasoning with him. He would not let it go. It was: No, you can't, you're destroying me, I've done everything for you and you are now damaging me, you're hurting my heart, you're hurting me, you know, you are going to kill me. Like, all these, like, huge, huge dramatic things that I was trying to -- and obviously it wasn't happening.
I'm talking about it very calmly now. It was a very heated exchange and I am, to the best of my ability, to the best of my logical understanding of things, trying to, like -- basically, it felt like a battle where I'm trying to make him understand my point and there's just no getting through to him.
MS. PENZA: Did the defendant make any threats towards you?
DANIELA: Yes. Well, of, of conditional things that I wouldn't have if I didn't, you know, basically -- he wanted me to reverse all of that, to walk it back. And, you know, he, he said that I -- like, everything that I have built so far that was going to happen was going to disappear. Like, I wouldn't have any of that. That -- I mean, it was all very conditional. It was, and I couldn't understand why, and I couldn't -- he couldn't tell me why it was not possible to have a relationship with him without the sex and the romance and that -- sex, really, because there was no romance -- without the sexual part of it. And, you know, he said a lot of things that didn't make sense to me.
MS. PENZA: You mentioned he said that you were hurting him. Can you describe that the part of the fight?
DANIELA: Yes. So, and I even remember I mentioned that back then. He would often use this, which, to me, is a mystical notion, the fact that when someone that he was having sex with was doing something bad with respect to him, he would hurt. Like, he would often say his heart is what hurt, like, physically, and he was hurting and he had the chills and he was hurting and he was ill because I was causing it.
And I remember in that conversation, I remember telling him, because here I am having this argument with him and I thought that, I thought I understood what my role was in his life and I thought he was my best friend and I thought I was his best friend, you know, like, we shared a lot of time together, we talked about a lot of things. I saw his life with all these other women. And during the course of this argument, he's using with me all the, all the same techniques that he uses to discipline all of his women.
I remember standing there telling him, Hey, don't use that on me. I'm your friend. I've seen you use this with everybody else, you know. Like, you're trying to make me crazy. You're saying something to me that isn't. You're telling me this, I'm hurting, you're using all these acts of discipline that I've seen you use. It's me. I'm your friend.
I couldn't get through but I, I was trying. You know, that's just, that was the negotiation that I was failing to, to, you know, that I was attempting to get at and he, he was very dramatic about it. So he was, like, everything is going to be over, which scared me because I -- well, I wanted to, I wanted -- he still held everything. I still idolized him. He was still very important. I cared about him. I cared about him but I, with this interaction with Ben, I had realized that, you know, there's care and there's sexual attraction and that's not something I had for Keith, you know.
So, I was trying to make sense so that's still myself and I was trying to make sense of it with him in the most, you know, if you will, honorable way, like straightforward, honest, like, this is how I feel, this is what it is, but there was no getting anywhere with him.
MS. PENZA: Did the defendant use any specific words to describe you during that, during that interaction?
DANIELA: Yes. So anything that was related to me backing down or me hanging onto the idea that I liked Ben and that that was a reason, he would say I was prideful. He would say, That's your pride, you know, that's your pride talking, that's your ugly pride, you're hanging onto that and you're choosing your pride as opposed to us, which is, you know, not something -- it's precisely what I was trying to explain to him. But he, he called me prideful, you know, destructive. He told me about my soul and that, you know, my soul would, like, I will lose my soul, essentially, which is not something that I subscribe to so it didn't -- it wasn't very transcendental for me.
And, you know, during the course of this discussion, this argument, at some point, we moved, we walked over to Hale. So we were at Hale discussing some more and it wasn't getting anywhere. He was just trying to, he was trying to -- by calling me prideful and by, like, obscuring things with, like, You're being destructive and you never really did your program and all these different things, trying to obscure what me, what for me was, initially, like a very simple matter that I wanted to resolve with him. And so it got escalated and escalated more and more and we got, we were at Hale and that's --
THE COURT: Where were you? I'm sorry.
THE COURT: Hale Drive?
DANIELA: And we continued discussing -- I remember discussing by the piano. That's where I told him, Don't treat me like -- don't do the things you do to your women. It's me. It's me. You can talk to me. You know, we can figure this out in a logical way.
But he was making no sense to me. And, you know, he was managing to confuse me with some of the things but I thought I had a very clear idea of what I wanted to get at and I didn't want to walk out of there without an answer, you know.
MS. PENZA: Why not just back down and leave it alone?
MS. PENZA: In that moment. Why not?
DANIELA: Because, because I was -- I was very clear about what I felt and about what I wanted and, I mean, honestly, I trusted -- Keith was like a logical, rational person. Like, in my mind, there had been no space for, you know, the notion that I was on this unbreakable relationship. I thought it was something that could be, you know, worked out. So, you know, why not? You know, he's perfectly reasonable. I'm perfectly reasonable. This is not like a huge, like, super complicated issue.
You know, things needed to be talked out and -- but there was no resolving it, not one way or another. It wasn't, like, okay, fine, you want this, then you can't have anything. That wasn't an option. It was just a grilling of, you know, you have to stop wanting that. No, you have to stop saying that, that's prideful. No, you're wrong. You say you feel that about Ben but you're wrong. You don't even know what you feel. You're not honest with yourself. You don't feel that about Ben. So they were trying to make me crazy about feeling what I was not feeling. So, honestly, maybe I was stubborn but I couldn't let it go. I was very clear what I felt and what I thought about it.
So the argument continued. We walked back to Flintlock and he still, you know, wasn't giving me an answer. There was no resolution to it and it was still very illogical, still very pushing against what I knew was real versus, you know, Oh, that's just your pride, that's your pride talking. So there was a point where he wanted the conversation to stop and I didn't want to stop. I would not let it go. And I remember, back at Flintlock, Karen was there and Pam was there. I remember Karen was there and Pam was there. I only remember because she later repeated part of the conversation because she overheard it from the top of the stairs. She would do that sometimes. She would eavesdrop on the conversations.
So, you know, I was insisting to get some kind of a resolution. He kept calling me prideful and destructive, even for just doing that and he locked himself up in the bathroom. There's a front bathroom in Flintlock and just -- which I thought was very childish, you know, like, he locked himself up. I want to talk to you. We're having a conversation. You know, let's just finish this. Give me an answer. I want to know. I want to resolve this. It wasn't even I wanted to know. It was I wanted to not feel crazy because it was supposed to be much more simple.
So he locked himself up in the bathroom. I remember Karen asked me to leave and I was like, No, I, you know, this is -- I want to figure this out. This still makes no sense to me. And I remember he stayed there in the bathroom locked in for, like, a little while and then he, like, sneaked out and ran upstairs and I ran right after him. Like, you know, I ran, like, I chased him still wanting to just finish that, you know, to just come to a conclusion, whatever that was.
I remember we were in Pam's room where I approached him and he grabbed me. Like, he grabbed me by the arm or something and like threw me over the air like onto the floor and there was like a mattress on the floor. And I remember, like, he had never been violent with me and I just remember, like, I landed on the mattress, you know, and it's, like -- it was, like, a thin -- I just land on the mattress and that was -- and he just walked out, ran out, and that was the end of that argument.
You know, I just stayed there, like, okay, and that's how, that's how it ended.
(Continued on next page.)
BY MS. PENZA: (Continuing.)
MS. PENZA: When was the next time you spoke to the defendant in person again?
MS. PENZA: In addition, you mentioned that you cared for the defendant at that point in time?
MS. PENZA: In addition to your affection for the defendant, what other roles did the defendant have in your life at that point?
DANIELA: Roles? Keith's role in my life was very large. He occupied a very big space. He -- he was the one person I most looked up to. I thought he was a great man. You know, I was documenting him. That's the degree of greatness that I thought he held. I thought in my life he held a position of power. He was the person I most listened to, but also the person who exerted the most power in my life. I was highly dependent on him and his community which he controlled and he was also my only friend. Like, there was nobody else for me to talk to at that point. I had a coach. I didn't talk to my mother anymore. My relationships was secret and, therefore, a large part of my life was.
My best friend, who was my sister Mariana, wasn't my best friend anymore. We didn't have any of those conversations so he was basically my entire life. You know, he still held the promise of teaching me. He still held the promise of doing science together, whatever I think that is now but that was the promise of me moving in that direction with him so his role in my life was all-encompassing.
MS. PENZA: Looking back, what is your thought of the defendant's use of the word "pride" during that fight?
DANIELA: During that fight and I think for the remaining of any other communications in the future, my pride was a catchall phrase for me liking Ben, for what I felt for Ben and intermittently also just to -- to, like, name anything I would do that he didn't like I was doing, it would just be called pride. You want to eat ice cream, that's your pride. You want to be with Ben, that's your pride. You think you're right, that's your pride. That's a catchall word conveniently enough.
MS. PENZA: Did your impression of the defendant change after that night?
MS. PENZA: How so?
DANIELA: There were a few key things that were -- that were very shocking for me about that -- about that final argument, fight, if you will. And that completely contradicted the idea that I had about Keith. One of them is throughout he basically -- basically -- I don't know how else to say it, but he was talking shit about Ben and, you know, it wasn't that he was talking ill about Ben but rather than Keith was speaking with dishonor which was a concept in ESP where you don't speak with dishonor about other people and he was like -- it was just flowing out of him. He was angry; like, visibly red-in-the-face angry. I have never seen him have a strong emotion like that and he was irrational and illogical in our arguments. Perhaps that's what surprised me the most and the way he treated me.
You know, the kind of -- some of it, it would take me a while to process and look back and like -- but right then and there was a shift in the way he was talking and the way he was thinking and his emotional state. Like the drama that he -- it was a very dramatic response that he had. So, my -- my perception of him definitely shifted.
MS. PENZA: You mentioned him speaking dishonorably about Ben. Is that during the course of that fight?
MS. PENZA: And what sorts of things was he saying about Ben?
DANIELA: Basically that he was lesser than him. He was saying -- not even between the lines just straight up that he was, like, mediocre. That he was, like, nothing much. And, again, it wasn't so much that I felt protective of Ben which I'm sure I did a little bit, like, okay, that's not necessary, but I was hearing Keith, the Vanguard, like talking shit about someone else. Yeah, so it was surprising.
MS. PENZA: So what was it that was so surprising about that?
DANIELA: I think, and I can say this now but I didn't grasp it fully then, I want to make it clear, that Keith was a regular man, a fallible human and all of those characteristics that I attributed to him of, like, a better being in a way, wasn't true.
MS. PENZA: So what happened after you left?
DANIELA: So, I left. And about a day went by and I remember, like, Pam attempted to talk to me, but, you know, I was very upset about everything that had happened and I remember that later, like, the next night Pam called me and she said -- she said -- she asked me, You know, he's going to teach you a lesson at Hale. You need to come and videotape it.
MS. PENZA: Who was going to be teaching a lesson at Hale?
DANIELA: Keith. Keith is going to be teaching a lesson at Hale. You need to come videotape it and I was like, no, I just had this huge fight with him. Nothing is resolved and what happened is very disturbing to me and Pam I knew was the master appeaser of situations. So I kind of understand what her role is. So she keeps asking me and I refused and she said, Dani, are you really going to throw it all away. You know, just, you know -- basically, like, you know, swallow your pride and come do this and everything will get back to normal and you'll resolve it. And I said, no, she said why not and I told her. I told her that Keith is not the man that I thought he was.
MS. PENZA: So at that point in time, how old was the defendant, approximately?
MS. PENZA: And you said you were how old?
MS. PENZA: And Ben is approximately how old?
MS. PENZA: And after that night and this phone call with Pam, what happens?
MS. PENZA: What does that mean?
DANIELA: People -- I mean, I've seen this happen before. To me it's no -- there's no question about it. You know, now I'm the person having a problem as I have seen before and my coach. Mainly my coach, Karen, is, like, working on me. You know, you need to fix this with Keith, you need to do this. So it's like a big push for me to -- like I've done something bad, I need to fix it. That's the clear narrative there and it's not that simple for me.
At the time, I remember after the fight with Keith, I -- I thought about what I wanted to do because this was certainly, you know, a before and after and I thought about going back to Mexico at times and I even went as far as to -- you know, packing my stuff, wiping my computers and but people were sent to work on me and discouraged me from doing that, so talked me out of leaving; No, you can't leave things the way you are. You destroyed so much. You need to fix it. You know, when you burn someone's house down you are supposed to repair it. You're not supposed to just leave.
There would be a lot of -- they called it coaching, but really it was this -- they were working on me to, you know, do the right thing but really it was to apologize; it was my fault, make it better, get back to Keith.
MS. PENZA: So you mentioned Karen as someone who is working on you?
MS. PENZA: Anyone else working on you?
DANIELA: For that early stage which is, like, right after the fight, I mean, I had talks with Pam, but Pam was not like, as I said before, I believe she wasn't, like, a tekkie -- she wasn't going to EM me and set a goals program. It was more, like, appeasing, but mostly it was Karen. Mostly it was Karen.
MS. PENZA: Later on down the road would other people become involved in this working on you?
MS. PENZA: As you describe it?
MS. PENZA: I was using your phrase. Were other people involved in this concept of working on you?
MS. PENZA: Who else?
DANIELA: From the period that I had the fight with Keith to the period before they put me in the room, there was a progression and in that whole lapse, which was a number of years, there was Karen, there was Nancy -- very little, but there was some Lauren and my family became involved in the latest stage.
MS. PENZA: Was there -- Karen was in the house when you had the fight with Keith; is that right?
MS. PENZA: And when you were talking to Karen would she -- was it -- would she discuss Ben with you?
MS. PENZA: And, so, what -- how would she communicate these things to you?
DANIELA: She worked on me and she worked on my pride. It was like a euphemism that was used for you chose Keith over Ben -- you chose Ben over Keith. It was never spoken of that clearly. It was never like, so you don't want to be with Keith, let's work on that. It was never clear. Not even with Keith was it clear. It was always, well, you're very destructive. You need to work on that. You're very prideful. Let's EM that. What about your pride. Oh, you think you're right. Let's work on that. So it was very confusing, all of that.
MS. PENZA: Was -- did you have explicit conversations with the defendant about Ben?
MS. PENZA: After the fight.
DANIELA: After the fight? E-mail conversations, yes. I mean, we never had a conversation again. I think that's a bit of an understatement. I would say that the entire communication over the following year that was via e-mail, it was all about Ben. It was all about, like, to a level of terrifying detail it was about Ben; everything that happened with Ben, what I felt about Ben; what he felt about Ben, what I should do about Ben. It was all about that.
MS. PENZA: So, after the fight, just taking a step back, how does your life change?
DANIELA: My life changed completely overnight. Just like sex with Keith meant access, just not being with Keith meant just loss of access, isolation. The -- it was very clear that it was not only Keith but it was Keith's community. So overnight I couldn't go to the volleyball games. Overnight I couldn't go to the community events. Overnight I couldn't be anywhere that Keith was but also not with the community. So it was like immediate isolation or like a shunning of sorts. It was overnight.
And that's just as far as the actual, like, physical state of me, but also it was my daily life changed. I used to spend every waking moment working on this, working on that, documenting him and all of these things. Funny enough I was still expected to go work to the executive library. Funny enough I was still expected to provide the information from the key loggers, but everything else in my life was completely different.
MS. PENZA: Were there other jobs that you continued to have to do?
MS. PENZA: That's something that continued while you were having this -- while you were in this period of not speaking in person to the defendant?
MS. PENZA: And how would -- how would this work be communicated to you, these things you were supposed to be doing?
DANIELA: Well, the ones where it required, like, access to Flintlock or to Hale, then Pam, Kristin, Karen who lived at Flintlock would call me over or communicate with me, Hey, Daniela there's books here. Hey, Daniela there's things to be done here. They would coordinate, Keith is not around; come at this time come, at that time. But if I knew I had to do it, I would call and coordinate that. The same with the work that I was doing at the executive library.
MS. PENZA: Over that time period you said that there were periods of e-mail communication with the defendant?
MS. PENZA: Can you just explain generally what that was?
DANIELA: Yes, so a few months -- so it was a good number of months. I don't even remember exactly when, but after the fight I was encouraged to write to Keith, to write an e-mail to Keith and he -- and he replied and so an e-mail exchange started. So -- and then we started communicating via e-mail.
MS. PENZA: And over that time period how many e-mails -- can you estimate how many e-mails you think you exchanged with the defendant?
(Continued on the follow page.)
EXAMINATION CONTINUES BY MS. PENZA:
MS. PENZA: And what -- were there specific things that were discussed in these e-mails?
DANIELA: Yes. So, I mean, the main topic was Ben in excruciating detail. And -- and, you know, he gave me specific instructions of what to do, what to say, what not to do, where to go, where not to go, you know, and -- but acts of discipline. Many times it was just like you should not have done that, you should have done this, based on what I had reported. So it was constantly me reporting and asking what I should do.
MS. PENZA: You mean in your own interactions with Ben?
MS. PENZA: So after this fight with the defendant, did you continue to see Ben?
MS. PENZA: Approximately how many times did you interact romantically with Ben?
MS. PENZA: And, I'm sorry, did you go beyond making out?
DANIELA: No, there was beyond making out. Strictly speaking, there was some touching, but there was nothing else.
MS. PENZA: So that's as far as it got with Ben?
MS. PENZA: Compared to what actually happened with Ben, how would you compare what happened with Ben to the level of discussion that you had with the defendant over the next two years about what happened with Ben?
DANIELA: I would describe it as being an absurd disproportion. The amount of -- the amount of detail he requested from me -- and I mean just ridiculous detail -- was absurd, and he would constantly ask me, did you tell me everything? Tell me more. Tell me where -- tell me what happened. Tell me what he said. Send me the conversations that you had over Chats. Tell me where he touched you and what -- what he touched, how many times, what you felt, how you felt it, when you -- every single thing.
MS. PENZA: And would he repeat the same questions over --
MS. PENZA: What was his purported reason for asking these types of intimate details over and over again?
DANIELA: He said what -- and, again, these were his reasons -- that I needed to fix my thought object of everything that had happened and he was gonna help me do that. That was like the general. So under the guise of he's gonna help me fix this, there is this, I don't know, harassment of all these excruciating details. Kind of parallel to it, there was like the constant demand for: You need to be vulnerable. You need to have full disclosure with me. The only way you're gonna get through this is if you tell me everything. Tell me your fantasies. Tell me your fantasy -- like just everything. Just tell me everything. Every single -- and write to me all the time. You don't write enough. It's never enough. You haven't written. It's been so many hours, you haven't written.
And when it was about Ben, it was just the same questions: I thought you told me everything. Why haven't you told me everything? Have you told me everything? Why don't you -- tell me more. Tell me something you haven't told me before. It was constant.
MS. PENZA: During this -- during this time period, was there -- so taking the time period from fall 2006 to when you are put in the room, when was it that you were put in the room?
MS. PENZA: So during that time period of over two years, you told us about some of the initial things that happened.
Can you give an overview of what the next two-plus years would be like for you?
MS. PENZA: Sorry.
DANIELA: Right? It's a long time.
No, I remember because I remember at some point coming to the realization, and I think even writing Keith saying, wow, I've now spent more time having an e-mail relationship with you than an actual relationship. So it was longer than the three years that I actually had a relationship with him.
So the progression, again, what happened. There was -- after the fight, there was a period of like no communication with him. It was -- I was being coached, coached to like not leave. Coached to stay. Coached to do the right thing. Coached to work on my pride, work on my program, get back on track.
Then the e-mail communication starts with Keith and that is, I mean that's -- I mean by no means that's like an -- like an easy -- it's like, to me it's a roller-coaster, you know, of -- of -- you know, there was like -- through the coaching and through the grilling and through like the beating me up with all these people working on me. There were times when I was, you know, completely confused and like bought into the: Oh, this is my pride. I'm just so destructive. I'm so bad, My God, I've hurt Keith so bad, you know, I need to make this right. And I would go like into overdrive, like I to need to do my program. I need to lose weight. I need to do book reports. I need to do all these things. And I could get in the groove of that, but, you know, that was a complete -- I mean, that was unfounded. You know, that -- so, eventually, it would be like down again. Like no, I don't want this life. You know, what am I doing here? What, am I like in e-mail communication with this guy that doesn't care about me? This is not about this; you know, this is about what I felt and this is about I have dreams. You know, I want to study. I want to have a life. I want to have friends. I feel isolated. I did not sign up for a monk life. You know, I don't want to be reporting my weight. And they would say I get really defiant.
And -- you know, and Keith would like, through his e-mails, he would essentially like beat me up, you know, into submission, basically. Like, you know: No, that's bad. You shouldn't do that. You shouldn't think that. You should be -- you know, you should be loving to me. You should be -- you should be writing me more. You should be reporting all the time. You should be working on this.
And, you know, and then I would like, my coach: You should be humble; that's, you know, like you shouldn't be prideful. So I would say: Well, maybe I'm not right, maybe they're right. Maybe they do want to help me, maybe I'm crazy and I don't want to be helped. And so it would be like a constant roller-coaster.
Like the e-mails with Keith were crazy, you know, like they were crazy, incessant requests for information, but also for me to do things and -- and like instructions for me to -- you know, I wasn't allowed -- at some point I remember thinking, well, my weight never stopped being like a main focus of everything. So every e-mail, what's your weight? What's your weight? What did you -- are you fasting? Are you still fasting? Did you break your fast? What's your weight? How much have you weighed? What's the last, you know, you've ever weighed?
You know, like all these incessant questions. And I remember at some point amongst all these years I thought it would be a very good idea if I started running and I trained for a race. Huge ethical breach. That's indulgent, Dani, you know, that -- if you have an ethical breach, you need to fix. You can't be indulging on running. You know. And I remember like getting very defiant and then they would come and EM me, because I'd be like: But that's part of my program, like isn't that how I'm gonna fix it?
And certainly, during the progress of those years, it became very clear that everything I did, everything I did, was considered indulgent and an act of pride. Basically, anything I did that was not, you know, like pleasing Keith was: You're being indulgent. It's an act of pride. You -- you know, you want to go out and have a cup of coffee; that's indulgent, that's an act of pride. You want to help your siblings pass the GED test; that's indulgent, that's an act of pride. With someone who is really focused on fixing a mistake, it would be doing anything but fixing that mistake. So all of this, I was very confused at the time. You know, between the EMs and between these e-mails and between what I felt, it was, like I said, a roller-coaster of emotions. And so those -- that escalated. And coupled with the fact that I had given no avenue to make any money, I was illegally in the country. I had no way to make money. I had at some point, I believe, like given some kind of ultimatum; you can only make money doing book reports. You cannot do anything else for money.
So I was like cornered and I couldn't do anything else, and so I started having issues with what do I eat? Like as simple as that. You know, what do I do for, you know, like I can't possibly pay rent, you know, that was very quickly -- I mean, very early on. So just the way I would describe those years leading up to being put in the room, it's like my world closed in on me. Like every -- like -- and as it got closer and closer, like as time progressed, like there was like Nancy working with me and then: You're indulgent about this. You can't go run. You're indulgent about this, you cannot go to a community event. You're indulgent about this, you can't have -- you know, you can't go out and have like something to eat.
And then at some point things got really bad, I guess, and my family became involved. And it was like this big ultimatum and my family became involved, and then my world closed in even more. They took my iPod. They took my computer. They took my phone. They took my -- everything I owned, my books, everything I had in my shelf, my papers, everything. To the point where I was sleeping in a sleeping bag on the floor of my living room and having to do 15-minute reality checks to report in -- and that is every 15 minutes I had to write what I was doing. Every 15 minutes. Every 15 minutes, this was a thing. And I had to do that.
I woke up, I was like, I guess earning my keep in my father's condo, which was 12 Wilton Court, by cleaning the bathroom, by cleaning the kitchen, by making juices, and I had to, like, do my program and I needed to do book reports and I needed to do a fast and I couldn't eat. And even if I could, you know, like what would I eat? And everything got -- just every single degree of freedom that I had I lost. Every single one. And everything I did was bad. Everything I did was indulgent. Everything I did was an act of pride.
And when I raised my voice to say: I can't understand, I don't do this. That's your pride. That's your pride talking. You know, shut that down. So it was an impossible situation that I could not get out of. And at the point towards the end of this, this lapse of years, and the e-mails are still coming and all of that, it's very -- before I lost my computer and it just, you know, came to the point where I was like -- I was, I mean honestly, I was -- I was by no means like rational at that point. I was going crazy.
And I remember at some point I was hungry and I ate some food from the refrigerator at the house, my -- the house where I was living, you know, from my parents' house. And that was really bad. They said consequences. They put a lock on the refrigerator so I couldn't even eat anymore, and I had nothing that I could eat and I had no way to make money. And this was -- at some point I did something, I don't even remember what it was. I'm sure it was something indulgent and prideful, and they locked me out of the house for -- during winter. Like, for a few days, I don't even remember how many.
But -- so things escalated so much and they escalated, they recruited my family to work on me. My family had no idea what had happened. You know, they didn't know, oh, this was about Keith versus Ben. They didn't have that clarity at all, they were just told: Your daughter is prideful and destructive. You didn't teach her cause and effect. You're the parent, it's your responsibility. You should help fix her. In fact, it's your ethical breach too because she's destroying our community. So they were involved to like come fix me. And, so, they were like setting all these consequences and having these meetings with, like, Keith and, like getting these messages through my sister Marianna about what to do with me.
So those few years are a progression of -- of confusion for me, yes; but also, a loss of every single one of my freedoms until I had no choice.
MS. PENZA: Your Honor, I think this a good place to stop.
THE COURT: All right, members of the jury, we are going to recess for the evening.
Let me remind you that it is very important that you follow my instruction that you not discuss this case with anyone, not your family, your friends or business associates and not with your fellow jurors.
In addition, you must not read, listen to, watch or access any accounts of this case on any form of media, such as newspapers, TV, radio, podcasts or the Internet, and you should not research or seek any outside information about any aspect of the case. Do not communicate with anyone about the case on your phone, whether it's through e-mail, text messaging or any other means, through any blog or website or by way of any social media, including Facebook, Twitter, Instagram, YouTube or other similar sites. You must not consider anything you may have read or heard about the case outside this courtroom, whether you read it before or during jury selection, or during this trial. And do not attempt any independent research or investigation about the case. And do not visit any of the locations identified on the questionnaire or discussed during the course of the jury selection process and this trial.
I want to thank you for your attention today. As I have said before, please leave your notes in the jury deliberation room and pick them up in the morning.
Have a good evening, get some rest. We will see you tomorrow at 9:30.
All rise for the jury.
(Jury exits.)
THE COURT: The witness may stand down. Please do not discuss your testimony with anyone. We will see you tomorrow morning at 9:30 a.m.
(Witness steps down and exits the courtroom.)
THE COURT: Everyone may be seated.
(Continued on the following page.)
THE COURT: All right. Ms. Penza?
MS. PENZA: Yes, Your Honor. I believe we will go into the early afternoon on Daniela's direct.
THE COURT: Until the early afternoon?
MS. PENZA: Yes.
THE COURT: All right. Okay. About how long do you think, at this point, not putting any pressure on you to give me an exact answer, Mr. Agnifilo?
MR. AGNIFILO: Three or four hours.
THE COURT: All right. So we will go into the following day. We will go into Thursday.
MR. AGNIFILO: Can I throw out a proposal?
THE COURT: You want to throw out a proposal? Yes, of course, you may always throw out an idea. Have you got an idea?
MR. AGNIFILO: It's an idea.
I'm getting the sense that this trial seems on the long end and I'm wondering what options there would be in terms of the workday to try to keep it at six weeks because we're in the fourth week.
THE COURT: This is the fourth week.
MR. AGNIFILO: Yes. So if the government tells me they're going to rest in two weeks, I'll withdraw my idea and sit back down, but that's not the sense I get.
MS. PENZA: I think we've spoken to Mr. Agnifilo about this. If it changes at all, it's going to change moderately. We are still on relatively the same estimate that we were before. Obviously, the fact that we have a few shorter weeks affects that, but we certainly don't think we should be going longer trial days.
THE COURT: Well, next week, we have only three days.
MS. PENZA: Yes, Your Honor.
THE COURT: But here is what I suggest. What I suggest is we see this week out and then decide whether we ought to elongate the day after I speak to the jury because this is a very attentive jury. They are always here on time and they are always ready to come out whenever we are ready for them so I want to be respectful of the jury but I also understand that we are trying to get this trial done before the last week of June. Right?
MS. PENZA: Your Honor, we are going to be finished well before that.
THE COURT: Well, no, no, I'm not worried about you being finished. I am worried about should there be a defense case and also importantly, there are a lot of issues that you are placing before this jury and there is a lot of testimony and so there's no, I have no way of assessing whether the deliberations will take a short period, a medium period or a long period and so I think that's the basic concern, that the defense has, you now, beyond the testimony and beyond the closings, you know, what kind of a deliberation period are we going to have. I think that's, I think that's a reasonable concern.
So let's do that. You know, I'll keep, let's keep the issue open until next week and then we will see.
MR. AGNIFILO: Very good. Thank you.
THE COURT: All right.
Okay. Anything else from the government for today?
MS. PENZA: No, Your Honor.
THE COURT: Anything else from the defense?
MR. AGNIFILO: Nothing from us, Judge.
THE COURT: All right. I have another matter so when you leave, please leave quietly. Thank you.
(Matter adjourned to May 29, 2019 at 9:30 a.m.)