1.Daniel O'Donnell — Direct/Cross
224 lines(In open court; outside the presence of the jury.)
COURT CLERK: Appearances, please.
MS. PENZA: Moira Penza, Tanya Hajjar and Mark Lesko for the United States. Good morning, Your Honor. Also at counsel table is Special Agent Michael Weniger with the FBI and paralegal specialist Teri Carby.
THE COURT: Good morning.
MR. AGNIFILO: Good morning, Your Honor. Marc Agnifilo. Teny Geragos will be with us. I apologize. Paul DerOhannesian and Danielle Smith and Keith Raniere with us this morning as well.
MS. PENZA: We are going to call the Google custodian first.
There is one issue we would like to discuss with Your Honor before Daniela's testimony continues but we can do it after the custodian or now, whichever Your Honor prefers.
THE COURT: Do you want to do it --
MS. PENZA: At sidebar, please.
THE COURT: Let's do it at sidebar now so we can move right into the next step.
(Continued on next page.)
(In open court; outside the presence of the jury.)
THE COURT: All right. Let's bring in the jury.
(Jury enters.)
THE COURT: Please be seated. Good morning, members of the jury.
JURORS: Good morning.
THE COURT: This morning, we are going to go briefly out of order. The witness who was on direct testimony will be back but, first, for scheduling reasons, we are going to have a brief witness on another subject and I am permitting, with the agreement of the parties, to have this witness go forward and testify and then we will go back to the prior witness who is still on direct testimony.
So the government may call its witness.
MS. HAJJAR: Thank you, Your Honor. The government calls Daniel O'Donnell to the stand.
COURT CLERK: Please raise your right hand.
(The witness is duly sworn/affirmed by clerk.)
COURT CLERK: Please have a seat.
DANIEL O'DONNELL: Thank you.
COURT CLERK: Please state and spell your full name for the record.
DANIEL O'DONNELL: Yes. Daniel O'Donnell, D-A-N-I-E-L, O, apostrophe, D-O-N-N-E-L-L.
THE COURT: You may inquire.
MS. HAJJAR: Thank you, Your Honor.
DIRECT EXAMINATION BY MS. HAJJAR:
MS. HAJJAR: Good morning, Mr. O'Donnell.
DANIEL O'DONNELL: Good morning.
MS. HAJJAR: Where do you work?
DANIEL O'DONNELL: I work at Google.
MS. HAJJAR: What kind of company is Google?
DANIEL O'DONNELL: Google is an internet-based company, provides a number of free services such as search, e-mail, among others.
MS. HAJJAR: Where is Google's headquarters located?
DANIEL O'DONNELL: It's located in Mountain View, California.
MS. HAJJAR: And what office do you work in?
DANIEL O'DONNELL: I work in the San Francisco office.
MS. HAJJAR: What do you do there?
DANIEL O'DONNELL: I'm a custodian of records.
MS. HAJJAR: And as a records custodian, what are your responsibilities?
DANIEL O'DONNELL: So I work on a team called legal investigations support. We respond to legal requests for user data. Usually these come in the form of subpoenas, court orders and search warrants.
MS. HAJJAR: What is Gmail?
DANIEL O'DONNELL: Gmail is an e-mail service provided by Google.
MS. HAJJAR: And do your recordkeeping responsibilities extend to Gmail as well?
DANIEL O'DONNELL: Yes, they do.
MS. HAJJAR: I'd like to show something to the witness alone, Your Honor.
THE COURT: Go ahead.
MS. HAJJAR: Thank you, Your Honor.
MS. HAJJAR: Mr. O'Donnell, I'm showing you what's marked as Government Exhibit 1588-A. Do you recognize this exhibit?
DANIEL O'DONNELL: Yes, I do.
MS. HAJJAR: How do you recognize it?
DANIEL O'DONNELL: I see my initials and it's dated yesterday.
MS. HAJJAR: And does Government Exhibit 1588-A contain data from the Gmail account vicibaby@gmail.com?
DANIEL O'DONNELL: Yes, it does.
MS. HAJJAR: Did you review the records contained in Government Exhibit 1588-A prior to your testimony today?
DANIEL O'DONNELL: Yes, I did.
MS. HAJJAR: And did the records that, the records on 1588-A, were they kept in the regular course of business by Google?
DANIEL O'DONNELL: Yes, they were.
MS. HAJJAR: And have you reviewed account information for that account, vicibaby@gmail.com?
DANIEL O'DONNELL: Yes, I have.
MS. HAJJAR: At this time, Your Honor, the government offers Government Exhibit 1588, 1588-R, 1588-B and 1588-C into evidence.
MR. AGNIFILO: No objection, Your Honor.
THE COURT: All right. Government Exhibits 1588, 1588-R, 1588-B and 1588-C are received in evidence.
(So marked.)
MS. HAJJAR: Thank you, Your Honor. May I publish 1588-R at this time?
THE COURT: Yes, you may.
MS. HAJJAR: All right. Mr. O'Donnell, you testified that you reviewed Google subscriber information for vicibaby@gmail.com?
DANIEL O'DONNELL: Yes.
MS. HAJJAR: And showing you what's in evidence as Government Exhibit 1588-R, is that the -- does that appear to be the Google subscriber information for that account with certain, certain things redacted, two things redacted?
DANIEL O'DONNELL: Yes, it does.
MS. HAJJAR: Can you describe what Government Exhibit 1588-R is, what this information is?
DANIEL O'DONNELL: Sure. So this is subscriber records for that account. This information is entered by the user upon the creation or maintenance of the account.
MS. HAJJAR: And what is the first name associated with that account, vicibaby@gmail.com?
DANIEL O'DONNELL: Camila, C-A-M-I-L-A.
MS. HAJJAR: And is there a recovery e-mail provided that begins with that first name?
DANIEL O'DONNELL: Yes.
MS. HAJJAR: When was this account created?
DANIEL O'DONNELL: It looks like it was created on October 30, 2007.
MS. HAJJAR: And the, is there an SMS number associated with this account as well?
DANIEL O'DONNELL: Yes, there is.
MS. HAJJAR: Now, all of this information, who provides this information to Google?
DANIEL O'DONNELL: The user provides this information.
MS. HAJJAR: I'm going to show you what's in evidence as Government Exhibit 1588-B. Mr. O'Donnell, have you reviewed this exhibit before?
DANIEL O'DONNELL: Yes.
MS. HAJJAR: And does it appear to be application downloads associated with vicibaby@gmail.com?
DANIEL O'DONNELL: Yes.
MS. HAJJAR: Can you explain what that is, app downloads?
DANIEL O'DONNELL: Sure. This is a record of applications downloaded from the Google Play Store to an Android or Android-compatible device.
MS. HAJJAR: And so these are applications on someone's phone that isn't some way linked to their Google account, is that right?
DANIEL O'DONNELL: Yes, that's correct.
MS. HAJJAR: So I want to direct your attention to the middle of the first page of Government Exhibit 1588-B.
Do you see, do you see line 50 -- I'm sorry -- 54, where it says Signal Private Messenger?
DANIEL O'DONNELL: Yes.
MS. HAJJAR: Now, the column next to it, that's says, Installed Date. What does that refer to?
DANIEL O'DONNELL: The acquisition date is the date that the application was originally downloaded onto the phone.
MS. HAJJAR: And so based on this information, at what, when was Signal Private Messenger installed on this phone?
THE COURT: Could you put a dot next to the line?
MS. HAJJAR: Yes.
THE COURT: It might help.
MS. HAJJAR: Let me try to zoom in, Your Honor.
MS. HAJJAR: Can you see that, Mr. O'Donnell?
DANIEL O'DONNELL: Yes, I can.
MS. HAJJAR: And so Signal Private Messenger, what is the date associated with first acquisition of that application?
DANIEL O'DONNELL: January 1, 2017.
MS. HAJJAR: Do you know a what Signal Private Messenger is?
DANIEL O'DONNELL: Yes, I believe it's a private messaging application.
MS. HAJJAR: And G Data Secure Chat and Orbot, Proxy with Tor, what are the dates of first acquisition in connection with those applications?
DANIEL O'DONNELL: May 21, 2017 and May 21, 2017.
MS. HAJJAR: Now, I want to direct your attention to, do you see here, Tinder?
DANIEL O'DONNELL: Yes.
MS. HAJJAR: Is that an application that's installed on this device?
DANIEL O'DONNELL: Yes.
MS. HAJJAR: When was it installed?
DANIEL O'DONNELL: January 9, 2015.
MS. HAJJAR: And what about Bumble?
DANIEL O'DONNELL: It looks like August 13, 2016.
MS. HAJJAR: Do you know what Tinder and Bumble are?
DANIEL O'DONNELL: Dating applications.
MS. HAJJAR: I'm just showing you -- do you see What'sApp Messenger?
DANIEL O'DONNELL: Yes.
MS. HAJJAR: When was What'sApp Messenger installed on that phone?
DANIEL O'DONNELL: It looks like March 14, 2012.
MS. HAJJAR: Now, the last column of Government Exhibit 1588-B, last update, this device, can you explain to the jury what that means?
DANIEL O'DONNELL: Sure. This just reflects the last date that the application package was updated.
MS. HAJJAR: Mr. O'Donnell, I'm going to show you what's in evidence as Government Exhibit 1588-C. Have you reviewed this exhibit before?
DANIEL O'DONNELL: Yes, I have.
MS. HAJJAR: Can you explain what this is, what this appears to be?
DANIEL O'DONNELL: This is Google Plus profile data.
MS. HAJJAR: What is Google Plus?
DANIEL O'DONNELL: Google Plus is or was Google's internet-based social network.
MS. HAJJAR: And the information contained on the user profile for Google Plus, is that something the user would provide to Google?
DANIEL O'DONNELL: Yes, that's correct.
MS. HAJJAR: And what's the first name associated with this user's Google Plus account?
DANIEL O'DONNELL: Camila, C-A-M-I-L-A.
MS. HAJJAR: The birthday that is March 1, 0000, does the user have to input their own birthday?
DANIEL O'DONNELL: I'm not sure.
MS. HAJJAR: Your Honor, can I show something to the witness alone?
THE COURT: All right.
MS. HAJJAR: Mr. O'Donnell, I'm showing you what's marked for identification as Government Exhibit 1583-A. Do you recognize this exhibit?
DANIEL O'DONNELL: Yes, I do.
MS. HAJJAR: Have you reviewed the contents of this exhibit?
DANIEL O'DONNELL: Briefly, yes.
MS. HAJJAR: And does this exhibit contain data from the Gmail account clarewbronfman@gmail.com?
DANIEL O'DONNELL: Yes.
MS. HAJJAR: Have you reviewed account information associated with that account as well?
DANIEL O'DONNELL: Briefly, yes.
MS. HAJJAR: Your Honor, at this time, the government offers Government Exhibit 1583 into evidence.
MR. AGNIFILO: No objection, Judge.
THE COURT: All right. Government Exhibit 1583 is received into evidence.
MS. HAJJAR: Mr. O'Donnell, I'm going to show you the first page of Government Exhibit 1583. And does this appear to be the Google subscriber information associated with the account clarewbronfman@gmail.com?
DANIEL O'DONNELL: Yes.
MS. HAJJAR: What is the recovery e-mail associated with this account?
DANIEL O'DONNELL: Clare, C-L-A-R-E, at nxian.net.
MS. HAJJAR: And when was this e-mail account created?
DANIEL O'DONNELL: It looks like September 8, 2011.
MS. HAJJAR: Now, the list of items after services, are those Google products that are associated with that account?
DANIEL O'DONNELL: Yes.
MS. HAJJAR: Your Honor, may I show one thing to the witness alone?
THE COURT: Go ahead.
MS. HAJJAR: Mr. O'Donnell, I'm showing you what's been marked for identification as Government Exhibit 1587-A. Have you reviewed this exhibit?
DANIEL O'DONNELL: Yes.
MS. HAJJAR: And have you reviewed this, the contents of this exhibit?
DANIEL O'DONNELL: Yes.
MS. HAJJAR: And is this, the contents of this exhibit include data associated with the Gmail account, thebeacon2009@gmail account?
DANIEL O'DONNELL: Yes.
MS. HAJJAR: And have you reviewed account information for thebeacon2009@gmail.com?
DANIEL O'DONNELL: Yes.
MS. HAJJAR: Your Honor, at this time, the government offers Government Exhibit 1587 into evidence.
MR. AGNIFILO: One second, Your Honor.
Can I speak to the government for a second, Judge?
THE COURT: Sure.
MR. AGNIFILO: Thank you.
(Pause.)
MR. AGNIFILO: Judge, we have no objection.
THE COURT: Government Exhibit 1587?
MS. HAJJAR: Yes, Your Honor.
THE COURT: Received in evidence.
MS. HAJJAR: Thank you. May I publish it?
THE COURT: Yes, you may.
MS. HAJJAR: Mr. O'Donnell, does this appear to be the Google subscriber information for the account thebeacon2009@gmail.com?
DANIEL O'DONNELL: Yes, it does.
MS. HAJJAR: And what is the name associated with this account?
DANIEL O'DONNELL: Emiliano Salinas, E-M-I-L-I-A-N-O, S-A-L-I-N-A-S.
MS. HAJJAR: Is there a recovery e-mail associated with this account?
DANIEL O'DONNELL: Yes.
MS. HAJJAR: And when was this account created, thebeacon2009@gmail.com?
DANIEL O'DONNELL: June 12, 2009.
MS. HAJJAR: No further questions, Your Honor.
THE COURT: Cross-examination?
MR. AGNIFILO: Very briefly.
THE COURT: Very well.
CROSS-EXAMINATION BY MR. AGNIFILO:
MR. AGNIFILO: Good morning, sir.
DANIEL O'DONNELL: Good morning.
MR. AGNIFILO: I just have a couple of questions. My name is Marc Agnifilo, first, and I represent Keith Raniere. This really is for my benefit just to see how some of this works so if I ask you a question that doesn't make any sense, please don't hesitate to tell me that. Okay?
DANIEL O'DONNELL: Okay.
MR. AGNIFILO: All right. Thanks.
Here's really my only, my only question. You were talking about that there was a Signal Private Messenger that was sort of put on, on Government Exhibit 1588-B. I'll show it to you just so that, and I'll put a little -- right there. Do you see that?
DANIEL O'DONNELL: Yes, I see that.
MR. AGNIFILO: What is that?
DANIEL O'DONNELL: I'm not very familiar, but I believe it's a secure messaging application.
MR. AGNIFILO: Okay. And do you know if it's possible if, to change things in the messaging application before it's put on to the e-mail? Do you know?
DANIEL O'DONNELL: What -- I'm not sure what you mean.
MR. AGNIFILO: So if it's a messaging application, what is that? What's a messaging application?
DANIEL O'DONNELL: So it's an application that users download into their phone or device that allows them to message other users or other phone numbers.
MR. AGNIFILO: Okay. And do you know if the person using that service can, can edit one's own chats after making the chats, if you know?
DANIEL O'DONNELL: I'm not sure.
MR. AGNIFILO: Is this the first time you've ever testified?
DANIEL O'DONNELL: No, it's not.
MR. AGNIFILO: Okay. Well, congratulations.
MR. AGNIFILO: I'm all done, Judge. Thank you.
DANIEL O'DONNELL: Thank you.
MR. AGNIFILO: Thank you very much.
MS. HAJJAR: No redirect, Your Honor.
THE COURT: The witness is excused.
DANIEL O'DONNELL: Thank you.
THE COURT: You're welcome. Have a good trip back to San Francisco.
DANIEL O'DONNELL: Thank you.
(Witness excused.)
THE COURT: All right. At this time, we will continue with the direct examination of Daniela.
MS. PENZA: Thank you, Your Honor.
(Witness takes stand.)
THE COURT: Please be seated. All right.
Ms. Penza, you may continue your direct examination of the witness.
The witness is reminded that she's still under oath.
DANIEL O'DONNELL: Yes.
MS. PENZA: Thank you, Your Honor.
(Continued on next page.)
DANIELA , called as a witness, having been previously duly sworn, was further examined and testified as follows: