2.Daniela — Direct (Recall, Part 1)
999 linesDIRECT EXAMINATION (Cont'd) BY MS. PENZA:
MS. PENZA: Daniela, yesterday when we talked about your time in the room, was there a time -- can you -- was there a time when your mother also went into a room?
MS. PENZA: Can you explain what happened?
DANIELA: Yes. In fact, my mother -- for the time that my parents were supervising my program, my mother had started taking on, like, mimicking what I was doing in my program, I think, as a way to incentivize me or a way -- I really wasn't sure. It very much upset me at the time. So when, so when they presented this room concept and I said I didn't want to do it, she said that if I didn't go in, she was going to go in anyway because it was part of the program.
MS. PENZA: At that point in time before you went into the room, had your mom gone into the room?
DANIELA: No. We went in -- I went into the room they put me in and she went into the room opposite at the same time.
MS. PENZA: And was your mom, as far as you could tell -- so you're in the room. Did you have direct communication with your mom?
MS. PENZA: Okay. So can you explain how the rooms were situated in 12 Wilton?
DANIELA: Yes. So there was a room where I was sustaining at and then there was a room next to it, but it was connected to the next room as well. So it was a shared bathroom. We would never be in at the same time or see each other.
MS. PENZA: And how -- were you able to hear anything that gave you an indication of what your mom's experience was versus your experience?
DANIELA: Yes. It was completely different and this is something that I felt very, that angered me, it very much angered me because I thought it was unfair. I thought -- I was completely isolated, completely isolated. And, you know, the excuse had been she would go into that, into that room and do what I was doing and this was supposed to help me -- I'm not sure how -- but she had constant companionship.
So I used to hear, you know, people. That was the only full bathroom in the house. I think Cami was downstairs so she would go and shower and see, like, just simple act of seeing my mom, but they would chat. I could hear the voices. My father would go upstairs, have a meal with her. So it seemed to me she was geographically constrained to that room like I, that I could hear. I never heard her come out. But she saw people all the time, talked to people all the time, had things.
MS. PENZA: Were her meals done the same way as yours where you would, where there would be a plate and a knock on the door and then you would retrieve the food?
MS. PENZA: Were there some meals that she, that you could tell were being done differently than yours?
MS. PENZA: And they would be eating together?
MS. PENZA: How did it make you feel being in the situation you were in while your mom was having this different experience in the other room?
DANIELA: It made me -- it was very complicated, a complicated emotion. I remember, I remember Cami was babysitting Gaelyn and I could hear the voice of the child playing with my mom and Cami upstairs and I hated them. I hated them but I also loved being able to hear them but I hated them. I hated them. They were right there having fun, living, and it was hard. It was, it was very difficult. It felt very unfair.
I was very angry because -- I mean, part of the reason -- I mean, my mom said she was going to do exactly what I was going to say and here I was going through this completely alone. Nobody would visit me, nothing was happening, I had all of this going on, and there's, like, a full life next to me.
So it, it was complicated. I didn't have -- I liked listening to those noises in a way that made me happy. Being able to hear the laughter and the noise and their voices, that was, like, a small pleasure, but it made me very angry.
MS. PENZA: At some point, did something happen with your mom?
MS. PENZA: Can you explain?
DANIELA: Yes. There was a man she was very close to, very, very close to, who died. He was murdered. And I remember I heard, I heard people coming in, several people, and I heard people coming up the stairs and going to my mom's bedroom. And I remember hearing a lot of crying and, like, sobbing. And then my mom opened the bathroom door, opened my door and came into my room and hugged me and she told me, I don't want you to feel bad, it's not your fault. And I learned that this man had died. And it was, it was a very big deal because that -- it was a love, it was a love relationship they had.
MS. PENZA: So at that point in time, are your parents essentially separated?
MS. PENZA: So they remained being friends but your mom was romantically involved with other people?
MS. PENZA: So this was somebody who died while she was in this other room?
MS. PENZA: So then what happened?
DANIELA: So I think that everyone was very scared. I didn't -- I don't remember seeing anyone else. I remember seeing my mom and her telling me, almost trying to console me. I remember it being very emotional and feeling very guilty.
MS. PENZA: Why were you feeling guilty?
DANIELA: Because she was in that room because of me. I was -- she was in that room because of me because she was trying to help me do my program and then I had to do this thing to heal the breach that was not working and as long as I didn't come out, she didn't come out. So, in a way, I was holding her there. That's how I felt. So she was -- she was already missing out in this relationship she had but now, he had died and she lost him forever and I think everybody was very, felt very guilty about it. I felt very guilty about it. So she left. She left. She -- I think she told me she was going to his funeral and she left.
(Continued on next page.)
BY MS. PENZA: (Continuing.)
MS. PENZA: What happened after that? Strike that -- were there -- did anyone come to you about an issue with your mother after that?
DANIELA: Yes. So, I remember -- I remember when my mom -- when this happened with this man that died, I remember my mom -- I remember my mom. She looked very different and she looked older. She was beautiful and I remember she grabbed me by my face like this and looked into my eyes and said, "You are ready. I can see it in your eyes that you're different and you're ready," and I remember looking at her and thinking, I'm going to come out. She can see it, I'm going to come out.
So I remember being excited about that and she left for the funeral and I remember sitting there thing thinking any day she's going to come back and she's going to get me because she saw it and I'm ready and I'm going to come out. And my mom -- I remember my mom came back, but my mom came back to get her stuff. So my mom came back from, I guess, the funeral, and she wasn't going back in the room.
MS. PENZA: Do you remember that being an issue?
DANIELA: It was -- I remember -- I think it was Lauren -- I mean, Lauren was the only one I talked to, telling me that -- that my mother leaving and not wanting to go back into the room was part of my ethical breach and that me convincing her to go back in the room would be a way for me to heal my breach and I remember I saw Cami because they also recruited Cami and we EM'd with my mother together. Cami and I -- I remember sitting with my legs crossed in my room. I could not come out of my room, talking to my mom trying to convince her to stay in the most horrible way. I remember I was just happy to see them and I remember thinking if I can do this and she can do the right thing or they think I can do the right thing we can both just come out because we're done, right? We're done. It's going to be --
I remember thinking it was the last -- and I don't remember how long I had been there at that point, but it had been a long time and I thought it was, like, I thought it would be the end. But, you know, it was supposed to be like I was -- I was fixated on I had to fix my mom now because that was also my ethical breach now and my mom -- my mom did not -- my mom did not give in. My mom did not want to -- my mom didn't want to go back in the room.
MS. PENZA: Was your mom legally in the country at that point?
MS. PENZA: Did she express any concerns about being illegally --
DANIELA: I think she was -- she was. She, was, like a dependent of my dad's visa. I think I remember because she even had, like, a permit to work. So I think she was -- she had -- she had legal status, yes.
MS. PENZA: Now, that time, was that the only time for the entirety that you were in the room that you saw Camilla?
MS. PENZA: So how -- how did you feel when your mom decided that she wouldn't go back in the room?
DANIELA: I was kind of happy that she wasn't going back in the room, I think because I thought it meant that I also didn't have to stay in the room. It was very confusing, but I -- I was -- I was supposed to stay in the room now even longer, now even more. Because now it was my ethical breach that my mom had done that, but I remember that even that second time that she left and she said she wasn't going to do the room anymore -- I don't remember the reasons. It's a little hazy. I remember thinking she's going to come back and get me. She doesn't want to be in the room because she knows it's bad and she's going to come back and my mom is going to come back and she's going to get me and I waited. And I waited. And she never came back.
MS. PENZA: Do you know approximately how much longer you were in the room after your mom left?
MS. PENZA: Did you say anything to your mom when she said she was leaving?
DANIELA: We had a conversation and -- we had a conversation and she came to my room to say goodbye and she said -- she said -- I don't remember the full conversation, but I remember this part because I remember I didn't care anymore and she asked me point blank, did Keith have sex with you, and I never told anybody, much less my mother and my parents or anybody. And I don't even know why she asked. I don't know why she wondered. I don't know why at that moment she -- and I said, yes.
MS. PENZA: Why did you tell her at that point?
DANIELA: I didn't care anymore. I was in a bunch of weird states at different times and there were times when nothing mattered and at that point nothing mattered. What was the point? Even if she didn't know, she might believe it -- if she asked, I didn't care.
MS. PENZA: How did she respond?
DANIELA: I don't remember, but I thought maybe because she knew that she would come back and get me, but she didn't.
MS. PENZA: Did you ever have any medical issues while you were in the room?
MS. PENZA: Can you describe them?
DANIELA: Yes many, many times I had digestive issues. I had a pretty severe, sorry, like, diarrhea. I had other type of indigestion. Several times I had rashes all over my body, like, rashes -- uncomfortable, concerning rashes and I also at some point had a very bad toothache.
MS. PENZA: When you had the rashes did anything happen?
DANIELA: I would ask -- I would -- my only form of communication was I could, like, on the paper I would have, I would take little pieces of paper and I would write notes and I would put them under the door so that they would see them and I would write notes saying that I didn't feel well or what was happening with me or just ask straight up for things and I remember -- I remember at least a few times I asked for Benadryl which is what I thought would help the rash.
MS. PENZA: How long do you think you asked for the Benadryl?
MS. PENZA: Did you ever get it?
DANIELA: No. In the end I got something but it wasn't Benadryl. It was like some other thing that I can't remember, but I didn't get Benadryl.
MS. PENZA: Did you think you were having a severe allergic reaction?
MS. PENZA: You said there was a time you had a toothache. Can you explain?
DANIELA: I was in a lot of pain. I -- as toothaches have -- are. I remember not being able to eat very well and having to chew and I remember being in constant pain. I had a headache. I didn't feel good. And I remember it lasted for a long time.
MS. PENZA: Did you speak to anybody about the fact that you had this toothache?
DANIELA: Yeah, I told Lauren and I also I think I wrote about it quite a bit. I was in constant pain. A toothache, at least for me, I think it is the way it is, it's a pain that doesn't go away. So it's not like it flares up and it goes. It was just a bad toothache like something happened in my tooth and it was very painful. So I told her and I also, you know, wrote about it.
MS. PENZA: When you say you wrote about it, what do you mean?
DANIELA: Well, nobody has any way of knowing what's going on with me. It's not like -- and Lauren, I remember at that time and as time passed and quickly she just wouldn't show up for weeks. And I mean, it's hard to even represent what that feels like but to see nobody for weeks. I could not -- so I would have to write, so I was writing this daily letter to Keith. I'm sure I wrote something there but I also would put notes so they would know that I was -- that I was in pain.
MS. PENZA: Daniela, I'm showing you what's in evidence as Government Exhibit 907.
(Exhibit published.)
MS. PENZA: Are you familiar with this?
MS. PENZA: Do you know what that is?
MS. PENZA: Is it -- is this a stack of letters that you have written to the defendant?
MS. PENZA: Prior to this week, when is the last time you had seen those letters?
MS. PENZA: Have you read all of those letters again?
MS. PENZA: When you talk about the incessant writing, was that part of it?
MS. PENZA: Why did you keep writing while you were in the room?
DANIELA: There was nothing else I could do. That was the only clue I had been given and I had been instructed quite clearly, not only was the last instruction from Keith to write incessantly like spelled out, write incessantly, and also before going into the room, what am I going to do to heal my breach. Write. You need to write to Keith and I needed to write to Keith and to see if I was healing and when I could come out. That was my understanding. So the one thing I would not stop doing was my writing because that was my only way out.
MS. PENZA: What did you think would happen if you stopped writing?
MS. PENZA: And how -- what would that look like? Because you had talked earlier about envisioning a life, where you wanted a life, in Mexico. So how was what you're envisioning there, different?
DANIELA: It's completely different. I mean, the only thing that is the same about that is going in Mexico, but they were very clear it was not going to Mexico on my terms, which to me was, okay, so I'm illegal, so drive me where I need to go because I can't. Give me some money, set me up, I need my ID, I need my things. I need my life in Mexico, to start a life in Mexico.
What would happen to me if I came out of the room or if I stopped writing is they would send me back to Mexico without any money, without any papers -- nothing, with nothing. So -- with nothing.
MS. PENZA: And you said without money and without your papers?
MS. PENZA: Did you know how they would get you to Mexico in that situation?
MS. PENZA: And what were you afraid of if you were in Mexico with no money and no papers?
DANIELA: Well, aside from maybe the softer blow of losing absolutely all of my life and my family, I was also very afraid of -- in the -- I hadn't been to Mexico in close to a decade, seven years, eight years? Even what was going on at the time around me, I wasn't involved in it, but it was like antiviolence movement that were happening in ESP because Mexico was such a violent place and a violent country so I was afraid. I was going to go to Mexico all by myself. I never have really been all by myself with nothing and Mexico it was really -- it was truly violent at the time, especially the north of the country where I'm from. It was kidnapping and murders and drug wars. It was truly violent.
So I was afraid of going to this place, this dangerous place, all by myself, could not contact anybody. I would have no help, I would have no money, I would have none of my papers, none of my things. It was the end of the world.
MS. PENZA: And I think we talked about this yesterday, but even just the act of leaving the house at that point in time, you also had concerns about immigration?
MS. PENZA: And can you articulate what those fears were?
DANIELA: Yes. I was -- I mean, I was very paranoid and I think justifiably so. At the time I fully believed and understood that I could be stopped at any time and my papers would be requested of me and that if I didn't have them and I didn't have them, I would end up in jail. And this is something that -- I mean, this was very -- it was aggravated with time because I was fully illegal, but even when my status was still good, I was very respectful of the immigration system in the U.S. It's always been something --
I mean, maybe for an American, but I think that -- I mean for any foreigner in the U.S., in particular with my experiences, even before being out of status of how strict the immigration system is, of how vigilant the U.S. system is of -- of people and even when you are on status that you are up-to-date, that you are up to rule.
And even the way I was treated at the border, it's very -- it's very strong. It's very rough. So, I -- I think I said it before, like even seeing the lights in a cop car would make me jump. It was something I was extremely aware of and I was very afraid of being caught.
MS. PENZA: When you finished to write all of these letters were all of these fears in your mind?
DANIELA: They were all in the background all the time. It's not something that stopped. It's not fully in my front awareness all the time. That would be very difficult, but it's all part of who I am and what I am and I'm fully aware that that's the state I'm in.
MS. PENZA: I'm just going to show you a few of the letters. Showing you what's in evidence as Government's Exhibit 907-105.
(Exhibit published.)
MS. PENZA: Is this your handwriting?
MS. PENZA: This is dated September 30, 2010?
MS. PENZA: And just showing you in the middle the paragraph, "Very early this morning, I made a quick sketch of all the things so far I plan to do to fix my breach."
MS. PENZA: "And today I have been thinking" --
MS. PENZA: -- "will I really been fixing any of my effects by doing all of this"?
MS. PENZA: And you write that you only have a pen and paper at your disposal?
MS. PENZA: And at the end you write "With love, Bobi"?
MS. PENZA: Would you regularly sign things like that to the defendant?
MS. PENZA: "With love."
DANIELA: "With love"? Yes. I -- yes. And at times I think also elaborated on the love and what I wanted to feel for him or what I feel for him. This is all a continuation. The time in the room and what I was doing in the room is not an isolated -- it's not an isolated situation. It's a continuation of everything that has happened before, including the falling out, including all the time he wrote to me and I wrote back and all the instructions I received there and all the beatings I received there and then the even more stricter part of the program, where I was like beaten up with all of these concepts and all of that, going into the room even without any further input, that's the only thing that I know that he expects of me. I quite clearly know he expected it of me because he has distinctly written to me, you need to feel love for me. I need to be your whole life. You need to tell me your fantasies and every detail. You need to tell me all the disclosure. And a lot of it must be rehashing of things that happened and things -- how many different ways can I stay I love you and, really, I ran out of material very fast because I was completely isolated.
He told me, I need to be your whole life. You need to think about me in this way and only me. So as I'm sitting there in that room completely alone, trying to figure out what to do to fix my breach to get out and I'm just going over all of those things over and over and just trying to find the combination of words that is the correct combination of words that is healing my breach.
MS. PENZA: And at the very end -- and Bobi was a nickname for you?
DANIELA: Yes, he had nicknamed named me Bobo and my family called me Bobi so I named myself as Bobi.
MS. PENZA: And then you write, "P.S. a copy of the referenced sketched plan attached"?
MS. PENZA: And is this the sketched plan?
MS. PENZA: And you include -- so, this is -- this is September 30, 2010?
MS. PENZA: And you send the defendant a plan?
MS. PENZA: You include a plan for a job?
MS. PENZA: A plan for a program of personal growth?
MS. PENZA: And a plan for fixing your ethical breaches.
MS. PENZA: Let's look at some of the things. You offered to sell your stuff on the internet and ask your dad to borrow his credit card for a small percent of the profit?
MS. PENZA: You talk about working to pay for your rent and paying your breaches?
MS. PENZA: "Possibilities: Web programming, cleaning, cooking"?
MS. PENZA: "Work for Gozer to pay for her time." What was that?
MS. PENZA: Do you remember?
DANIELA: Yes. Well, many times -- so, many times in the past it had been brought to my attention that even all the coaching that I was receiving, I was receiving for free. And, you know, that was another debt and another ethical breach that I needed to fix.
MS. PENZA: And then you have for your personal program of growth you have weight and exercise, 115 pounds, healthy, fit triathlon, marathon?
MS. PENZA: And you have a steady -- you had "coach" and then you crossed it out and wrote "proctor"?
MS. PENZA: Part of the plan is you're going to make proctor; is that right?
MS. PENZA: "Go to Ethos, coaching, classes, EMs." Then you have "Fix ethical breaches, Keith, talk to all people/Ben"?
MS. PENZA: That was the first item?
MS. PENZA: Book reports?
MS. PENZA: Digital archives?
MS. PENZA: Video storing projects, movie filming?
MS. PENZA: What was that?
DANIELA: It seems like part of the documenting him, making it into some thing that would exalt him and make him look good.
MS. PENZA: Okay. "Research, inventory of stuff"?
MS. PENZA: And then for Nancy. "Work for $5,000 worth of time." Do you know what that is?
DANIELA: I don't know whether -- it's the thing that the working time is the same concept of paying for Karen's time. The coaching they were giving me was for free, so I also owed that.
MS. PENZA: You go on and you list lots of other people to whom you have ethical breaches?
MS. PENZA: Thank you, yes. But were these all people that when you were having conversation with Lauren she would be describing ethical breaches?
MS. PENZA: Did you come up with multiple plans like this?
MS. PENZA: And who would you share them with?
MS. PENZA: Uh-huh?
MS. PENZA: Were any of these plans ever enough?
MS. PENZA: And September 30, 2010, how much longer were you in the room?
MS. PENZA: Yes.
MS. PENZA: I'm gist going to --
MS. PENZA: How did that make you feel?
DANIELA: I think very rapidly I began to feel like I was just being punished. Like there was no end to it. I was just being punished. There was no way out. I was just being punished.
MS. PENZA: I'm just going to show you -- I have one more. October 5, 2010. You say, "Today I feel like inside this room I'm in a kind of trance and I only come out of the trance when I feel the desperation to come out"?
MS. PENZA: "I think being in here is completely insane. Spending my life like this is insane and any time I am okay with it, I am simply insane"?
MS. PENZA: You wrote that to Keith on October 5, 2010?
MS. PENZA: The second page. "I let the hours go by. I hate that. I hate when I do that. I will regret all of my time here forever. I will look back and wish I had not spent seven months of my life at 24 in a room. Do you realize how insane this is?" You wrote that in capital letters?
MS. PENZA: "What is wrong with all of you?"
MS. PENZA: "How is this good for me, no help, no nothing? I am hereby myself, stupid. I just want this to be over."
(Exhibit published.)
MS. PENZA: It's a little hard to see. October 17, 2010?
MS. PENZA: "Please, Keith, I don't want to be here anymore. Please, please"?
MS. PENZA: I'm only going to show you a couple more.
(Exhibit published.)
MS. PENZA: October 29, 2010. "Can I come out of this room please, please, please. I don't want to be here. I don't want this."
(Exhibit published.)
MS. PENZA: October 30, 2010, "Keith, I think I've made myself clear I want to come out of this room. I think you've gotten the message and understood it. So I'm not going to keep drilling on it, escalating such emotions. Obviously you don't want me to come out. I really don't understand what you're doing to me."
MS. PENZA: I just want to look at a couple of e-mails about -- a couple of the letters regarding your tooth?
MS. PENZA: January 20, 2011?
MS. PENZA: You start with your weight, 119?
MS. PENZA: You say at the end, "Anyway, that is it today. All else is usual except my toothache is growing more painful to a point it's painful 24/7, only when in use."
Do you remember your toothache getting progressive and more painful?
MS. PENZA: So that was January 20th. March 19, 2011.
(Exhibit published.)
MS. PENZA: "Bad news, today is my tooth is doing bad"?
MS. PENZA: "I thought it was not so bad, but after the first meal it turned I was very wrong it hurts and is very sensitive. A piece fell and I have this huge hole, ew and ouch. I'm hoping for Lauren to come and figure this out. I hope she will come. She said she would, but she is very late"?
MS. PENZA: And then March 25, 2011.
(Exhibit published.)
MS. PENZA: Did you actually visit the dentist?
MS. PENZA: What happened when you visited the dentist?
DANIELA: Lauren came and got me. I think she gave -- I don't -- what I remember that day is being thrilled to see the outside. I remember it was a lot to take in, but I was thrilled. I was excited. I was very excited. I don't remember if I had instructions from Lauren to, like -- I don't know if I would have needed them, honestly, to, like, not scream, not run out, not call out for help, not tell someone. She may have given them to me again, but they would not have been necessary. I knew. I had been warned.
MS. PENZA: Did she accompany you the entire time?
MS. PENZA: When you were discussing your toothache with Lauren, did the defendant come up in your conversation at all?
DANIELA: Like in previous instances? Like as part of the toothache, I don't remember. But Keith would be a part of the conversation all the time. It was all about when is it going to be enough, you know?
MS. PENZA: But -- sorry. You said -- you said earlier that before you went in the room there was -- your parents would describe conversations with the defendant; is that right?
MS. PENZA: Your Honor, the Government would like to read a stipulation at this time and the stipulation is: "It is hereby stipulated and agreed by and between" -- this is marked for identification as Government Exhibit 251.
"It is hereby stipulated and agreed by and between the United States of America by Assistant United States Attorneys Moira Kim Penza, Tanya Hajjar and Mark Lesko and by the defendant Keith Raniere by the undersigned counsel that on or about April 20, 2018, Adriana Aguilar provided the Government with a thumb drive containing Government Exhibit 910. Government Exhibit 910 is admissible in evidence. This stipulation marked as Government Exhibit 251 is admissible in evidence."
Your Honor, the Government moves into evidence Government Exhibit 251.
MR. AGNIFILO: No objection.
THE COURT: Government Exhibit 251 is received in evidence.
(Government Exhibit 251 received in evidence.)
MS. PENZA: And the Government also moves into evidence Government Exhibit 910.
MR. AGNIFILO: No objection.
THE COURT: Government Exhibit 910 is received in evidence.
(Government Exhibit 910 received in evidence.)
(Continued on the following page.)
MS. PENZA: Your Honor, we are going to play a recording, so we have some transcripts for the jury.
THE COURT: Have you provided the transcript to the defense?
MS. PENZA: We have, Your Honor. And it will only be as an aid to the jury.
THE COURT: Right. All right. I am going to remind the jury in connection with the playing of this recording you are being provided with copies of a transcript of the recording. As I said the last time, the evidence is the recording itself. The transcript is just being provided as an aid to the jury. If there is any difference between what you hear and the recording and what is found on the transcript, it is the recording that is the evidence.
DIRECT EXAMINATION BY MS. PENZA: (Continuing)
MS. PENZA: Daniela, I'm showing you what's in evidence as Government Exhibit 910.
MS. PENZA: Do you recognize this CD?
MS. PENZA: How do you recognize it?
MS. PENZA: And is that today's date?
MS. PENZA: And have you listened to the recording on this CD?
MS. PENZA: And is this a recording that is labeled Bobo 3_3_10 at 1:53 a.m.?
MS. PENZA: I'm sorry. Let me show you an aid to the jury, which is Government Exhibit 910-T. Do you remember that --
MS. PENZA: -- file name?
MS. PENZA: And are you -- who is Adriana ?
MS. PENZA: And had you listened to this recording before listening to it with the Government?
MS. PENZA: Had you listened to it with your mother?
MS. PENZA: Recently?
MS. PENZA: Your Honor, we would like to now play the recording.
THE COURT: Okay.
MS. PENZA: Your Honor, may I just give a copy of the transcript to the witness?
THE COURT: Yes. All set?
MS. HAJJAR: Yes.
THE COURT: Go ahead.
(Audio playing.) (Audio stopped.)
MS. PENZA: I'm sorry, Your Honor, we are going to test to see if it starts a little later.
THE COURT: I'm sorry.
MS. PENZA: We are going to test the recording for one second to see if it starts a little later.
THE COURT: All right.
(Audio playing.) (Audio stopped.)
MS. PENZA: Who are those voices that we just heard saying thank you so much and what's up?
(Audio playing.)
MS. PENZA: Can you pause.
(Audio paused.)
MS. PENZA: Another voice in the background?
MS. PENZA: What is your sister Marianna doing in the background?
MS. PENZA: How would you describe your mother's level of English?
MS. PENZA: It would have been necessary for her to have a translator to have --
MS. PENZA: Please continue.
(Audio playing.) (Audio paused.)
MS. PENZA: Did you at some point talk about training for a triathlon?
MS. PENZA: And why were you going to train for a triathlon?
DANIELA: That was one of the few things I thought I could do. I was being pushed to heal my breach, but I had no freedoms whatsoever, I didn't have any other things, nothing to work on, and I thought that, you know, getting fit and losing weight and training hard would be a way to do that.
MS. PENZA: Was it relayed to you that that was not a way -- that you should not be training for the triathlon?
(Audio playing.) (Audio paused.)
MS. PENZA: Club there?
MS. PENZA: At that time, did you want to go back to Mexico?
MS. PENZA: Okay. And was that the going back to Mexico in the way that you had described it to us earlier?
(Audio playing.) (Audio paused.)
MS. PENZA: Dani, had you killed a child?
MS. PENZA: What had you done?
(Audio paused.)
MS. PENZA: Daniela, this language from the defendant of I have reservations about telling you my thoughts, is that something that you were familiar with?
MS. PENZA: Can you explain?
DANIELA: He is saying I really don't tell you what to do, but I'm about to tell you exactly what to do.
MS. PENZA: And how were those things handled in the NXIVM community?
DANIELA: Well, especially from him, who is the Vanguard, obviously, my family, but everybody listened to his every word and it didn't matter. It never came -- I guess I was an exception. It didn't really come as a set of instructions but a set of questions. I mean, I don't know, maybe the best thing would be to do this. I don't know, maybe it would be that. So that would be taken immediately as the next step.
MS. PENZA: And people would take those next steps?
MS. PENZA: And the defendant would see that?
MS. PENZA: Please continue. Thank you.
(Audio playing.) (Audio paused.)
MS. PENZA: What does that mean, do you know, for her postulates?
DANIELA: Postulates was a concept in ESP that they taught in some of the higher levels of training and it was like postulates, your patterns of belief, what you believe the world can be. So you reaffirm postulates with your behavior, so you were supposed not to -- you know, not to affirm the bad ones and affirm the good ones.
(Audio playing.) (Audio paused.)
MS. PENZA: Can you pause it.
MS. PENZA: That word monster, was that used with you?
MS. PENZA: Please continue.
(Audio playing.)
(Continued on following page.)
BY MS. PENZA: (Continuing)
MS. PENZA: Who is Hector?
(Audio played.) (Audio stopped.)
MS. PENZA: Is there your mom talking about a -- what is your understanding of what your mom is saying there?
MS. PENZA: And is it -- is he talking about meeting with Nancy and Karen?
DANIELA: Yes. There's a meeting, there's going to be a meeting that's going to take place and he said he's not going.
MS. PENZA: And Nancy and Karen are Nancy Salzman and Karen Unterreiner?
(Audio played.)
(Continued on next page.)
(audio continues.)
(Audio ends.)
MS. PENZA: Your Honor, I think that's all we're going to play of the recording. I think this is a good time for a break.
THE COURT: All right. We will take our morning break. All rise for the jury.
(Jury exits.)
(In open court.)
THE COURT: The witness may stand down. Do not discuss your testimony with anyone.
(Witness stands down.)
THE COURT: Everyone may be seated and we will take a sidebar briefly
(Sidebar held outside of the hearing of the jury.)
(Continued on next page.)
(The following sidebar took place outside the hearing of the courtroom.)
(Sidebar ends.)
(Continued on next page.)
(Continuing.)
THE COURT: We'll take a ten-minute break.
(Recess taken.)
MS. PENZA: Your Honor, I accidentally used the last name of Daniela's mother.
THE COURT: I know.
MS. PENZA: I would just ask that it be sealed from the transcript.
THE COURT: All right.
Any objection?
MR. AGNIFILO: No objection.
THE COURT: It will be sealed, expunged, whatever needs to be done.
MS. PENZA: Thank you.
THE COURT: How much more do you have of this witness?
MS. PENZA: I expect to be done before lunch.
THE COURT: How much before lunch? Before lunch meaning what?
MS. PENZA: I will be about an hour.
THE COURT: All right, okay. And if it is close to 1, we will just recess for lunch and come back for cross.
MR. AGNIFILO: I think I'm going to be less than four hours. Four hours is an outside estimate.
THE COURT: Which means we will still go into tomorrow morning.
MR. AGNIFILO: Right. There's only three hours in the afternoon.
THE COURT: That is fine. Bring in the witness, please.
(Witness resumes stand.)
(Jury enters.)
THE COURT: Please be seated.
(Continued on the following page.)
DANIELA, called as a witness, having been previously duly sworn, was examined and testified as follows:
THE COURT: All right, Ms. Penza, you may continue.
The witness is reminded she is still under oath.
MS. PENZA: Thank you, Your Honor.
May I approach the witness? May I approach?
THE COURT: Yes, you may.
MS. PENZA: Thank you.
(Counsel approaches.)
CONTINUED DIRECT EXAMINATION BY MS. PENZA:
MS. PENZA: Daniela, I'm showing you what are marked for identification as Government Exhibit 905, 906 and 924. Can you just take a look at those? Are you familiar with those?
MS. PENZA: Are 904 -- is 905 the copy of the Wilton Times that you had described earlier in your testimony?
MS. PENZA: 905?
MS. PENZA: And 906 is a translation?
MS. PENZA: And what is, just general, in 924?
MS. PENZA: From what time period?
MS. PENZA: Your Honor, the Government moves Government Exhibits 905, 906 and 924 into evidence.
MR. AGNIFILO: We have no objection to 905 and 906. 924, I do have an objection to coming into evidence.
THE COURT: Sidebar?
MS. PENZA: Yes, please, Your Honor
(Sidebar held outside of the hearing of the jury.)
(Continued on next page.)
(The following sidebar took place outside the hearing of the jury.)
MR. AGNIFILO: Judge, I don't object.
THE COURT: Okay, thank you very much.
(Sidebar ends.)
(Continued on next page.)
(Continuing.)
THE COURT: All right the objection to 924 has been withdrawn; correct?
MR. AGNIFILO: That's correct, Judge.
THE COURT: Government Exhibits 905, 906 and 924 are received in evidence.
(Government Exhibits 905, 906 and 924 received in evidence.)
BY MS. PENZA:
MS. PENZA: Daniela, I'm showing you what's in evidence as Government Exhibit 924?
(Exhibit published.)
MS. PENZA: Do you recognize this?
MS. PENZA: And can you just explain what this is?
MS. PENZA: And what time period was this sketch made?
MS. PENZA: And are these -- are these pages -- where are these pages from? I'm going to show you a number of pages from Government Exhibit 924.
MS. PENZA: That you had prior to being in the room?
MS. PENZA: And is this something that you had written?
MS. PENZA: "You're out of your mind" and it goes on?
MS. PENZA: Is this another page that you had written?
MS. PENZA: And on this page did you write -- this is Government Exhibit 924-3, had you written "I don't want to be alone anymore. I want to kill myself"?
MS. PENZA: Were you having those periods of darkness prior to the room as well?
MS. PENZA: Is this another drawing of yours as well?
(Exhibit published.)
MS. PENZA: Who is being depicted here?
MS. PENZA: And you wrote "stupid, stupid"?
MS. PENZA: Is this also yours?
(Exhibit published.)
MS. PENZA: Who is that supposed to be?
MS. PENZA: And you wrote, "Is this the end? Yes."
(Exhibit published.)
MS. PENZA: Is this also you?
MS. PENZA: And you wrote horror story of failure?
(Exhibit published.)
MS. PENZA: This one, "Also, at what point is it time to give up?" This is also you?
MS. PENZA: "And sometimes I want to hide my thoughts from myself"?
(Exhibit published.)
MS. PENZA: Can you explain what this image is?
DANIELA: That is a writing of a letter I was drafting for Keith, for him I was dissecting. It was one of those back and forths.
MS. PENZA: And, so, all of the scratching out and writing different lines, is that how you would write when you were writing to Keith?
DANIELA: No, I -- I mean, that's not how I would write. I tend to be organized in my head and I can put it out. This is actually a visual example of the confusion in my head of the going back and forth and rewriting and scratching and confused. It's actually pretty visual. That's my confusion in my head.
MS. PENZA: I'm now showing you what's in evidence as Government Exhibit 905.
(Exhibit published.)
MS. PENZA: Can you explain what this is?
MS. PENZA: And this is the newsletter you described you wrote for a short period of time?
MS. PENZA: Is this al handwritten by you?
MS. PENZA: Hand-drawn?
MS. PENZA: There are a few editions. There's November 11, 2010?
MS. PENZA: And then November 15th, 2010?
(Exhibit published.)
MS. PENZA: On all of them, you would have your weight and calories; is that right?
(Exhibit published.)
MS. PENZA: And November 16, 2010?
(Exhibit published.)
MS. PENZA: November 17, 2010?
(Exhibit published.)
MS. PENZA: And November 23, 2010?
(Exhibit published.)
MS. PENZA: There's translations of those as Government Exhibit 906; is that right?
MS. PENZA: Just to look at a few. This image on the very first page, what was this about?
MS. PENZA: And did you write, "I think that by cutting my beautiful hair in the state that I was in and so impulsively was definitely a serious mistake"?
MS. PENZA: "The only thing I can do now is learn from the mistake"?
(Exhibit published.)
MS. PENZA: Sorry, looking at the same page at the bottom, you have a section on general health and wellbeing?
MS. PENZA: That's the translations down here?
MS. PENZA: And you have your weight 120 and your calories approximately 940?
MS. PENZA: You wrote, "No change in weight from yesterday to today. The resident's belly is 100 percent recovered from the indigestion and discovered that occurred when she decided to play Tarzan and eat the rotting spinach in yesterday's salad which she also enjoyed because it tasted like cooked char"?
MS. PENZA: Do you remember the food sometimes being rotten?
DANIELA: Sometimes. And sometimes there was a long period of time when -- I was just being brought raw food. It was a raw diet and so I craved the taste of cooked food or just any other -- I had a food obsession. I just wanted different flavors. I didn't want the same thing every day. So sometimes I would put the lentil sprouts, which were raw, in hot water or I would let the food that they gave me to dry for it to taste different.
MS. PENZA: And then you -- there's a little drawing that you did here?
MS. PENZA: So you drew a little cartoon.
DANIELA: Yes. It's a little strip. It represents that I'm sending her my love since I'm far away. I'm putting a kiss on it and sending it through the window. The little paper plane flies and gets to her house and she opens it and she feels my kiss.
MS. PENZA: And, so then at the bottom "Special edition, the resident reports consequences"?
MS. PENZA: The Scream?
MS. PENZA: And you wrote, "In one fell swoop, the visitor busted my little boat and redirected it towards a much more intensive and important focus in the process and the act of deciding and carrying out consequences for my harmful actions. With this clarity I am now moving in that specific direction. According to me, I had already made a good decision about the actions I needed to take as a consequence of the recent blunders. I would let my hair grow back to it's pre-blunder length and for all of that time, I would write one letter every day. I innocently thought that the hair would repair the physical damage and the writing took such a long time, something so difficult for me and makeup for the fact that I broke my word and continued compliance with this other promise, but it seems I fell really, really short. The action of cutting my hair is much more serious than I wanted to see -- to see and think. To give you an idea, it has been suggested to me as a necessary consequence that I stay in this room until my hair grows back to its original length," three exclamation points. "This seems really unreasonable to me and I'm still in shock about it, but the understanding that did seem really clear to me is the meaning of my action, the true impact and the depth of which it is a symptom."
What are you referencing there?
DANIELA: I am the resident and the visitor is Lauren and I'm writing an article about Lauren's visit, which was that cutting my hair was a huge ethical breach and probably gave me a whole lecture on it and that I needed to stay there until it grew back.
MS. PENZA: We don't go through all of these, but were there only a few editions of the Wilton Times?
DANIELA: Yes. After a short time, Lauren told me that it was an ethical breach to be doing that; that it was indulgent and I needed to stop.
MS. PENZA: Okay. So, now I want to go back to where we left off yesterday.
MS. PENZA: And you're at the volleyball?
MS. PENZA: To confront Keith, to confront the defendant?
MS. PENZA: And what happens then?
DANIELA: So, I wasn't able to talk to him at all. They drive me back to the house. I don't remember who. I think it was my brother. I don't remember. And -- but I had made the decision and, so, I think over the next day or couple of days there were arrangements made and I was just waiting because I needed to figure out how they were going to, you know, get me back. And I was not -- I really didn't have any say in that.
So all I was allowed to do is pack a few things and they weren't really my things because I didn't have access to my things, but in a little backpack. I put some clothes. I grabbed my journal and that was just -- and they -- I was told -- I remember, I -- I was downstairs and Cami was crying. I hadn't seen her in a long time and -- I mean, all of that time. And I think Lauren was there. It's all really fuzzy. It's all hazy that time. And Kristin was there and I had known Kristen an even longer time and it was explained to me, my father and Kristin would drive me to the border and -- and that would be it.
MS. PENZA: Did anyone give you your papers back?
MS. PENZA: What else did you take with you?
DANIELA: I took with me -- I remember taking with me some, like -- like I didn't own a lot, but some jewelry that I had, like some earrings or something because I was thinking -- then I started thinking. Oh my God, how am I going to survive? What's going to happen? So the shock did not wear off but I was thinking oh my God -- now I'm like, oh my God. I'm allergic to most metals except gold. So I thought, okay, so I'll pawn it. This is money and I was trying to think of what -- of what -- of what I was going to be doing.
I remember going into my dad's wallet and taking some money and thinking as soon as I get to Mexico I'll work and I'll repay him, but I need to have something, so I'm not without a cent in Mexico.
MS. PENZA: Do you know how much you took?
MS. PENZA: Do you know how much that is in U.S. dollars, approximately?
MS. PENZA: Why did you not ask for the money?
DANIELA: I -- I think it was -- I don't remember asking or not asking. It was a condition that I was going to be without nothing. They were going to give me nothing. I don't know that it ever even occurred to me because that's what it was going to be. You know, they're not going to give me anything.
MS. PENZA: How big was this backpack?
MS. PENZA: And other than that did you have anything with you?
MS. PENZA: Did you take anything else?
MS. PENZA: Did you take any electronics with you?
DANIELA: Oh, I had -- I think I had the PSP that I had had -- no, I took the disk, not the PSP, I don't think. Maybe I took it and I think I gave it back.
(Continued on the following page.)
DIRECT EXAMINATION BY MS. PENZA: (Continuing)
MS. PENZA: So let's -- this is the time period before you were driven, you're packing and things like that.
MS. PENZA: Then what happens?
MS. PENZA: And it's your father and Kristin Keefe?
MS. PENZA: How long had it been since you had spoken to Kristin Keefe?
MS. PENZA: Did you have an understanding -- did you have an understanding of why she was there?
MS. PENZA: What did you think?
DANIELA: She was there like a -- to make sure that I didn't do anything crazy. I mean, she was Keith's right hand, I imagine to keep me in line, to make sure what needed to happen was going to happen. I understood myself to be a liability.
MS. PENZA: What do you mean by that? Why were you a liability?
DANIELA: I think that if -- I mean, now I see it even more clearly. I could have gone to the cops and said these people have been keeping me in a room for three years. These people done all of this to me. They brought me into the country illegally and then this is all that's happened. I could have done that. You know, I could have done a lot of crazy things. Well, not crazy things. Actually that will be the sane thing. But I think she was there to keep that from happening.
MS. PENZA: At that point in time were you also aware of other crimes that the defendant had committed?
DANIELA: Yes, I knew of -- I knew of the hacking. I knew at least the broad strokes of the -- on the legal side the things that he had done. I knew that he had slept with Cami and she was underage. So I knew a lot of things.
MS. PENZA: So what happened? Tell us about the trip.
DANIELA: The period when I came out of the room, it was a weird -- it was a weird experience. So what I remember, aside from the weird sensations, I remember we stopped at a hotel at some point.
MS. PENZA: So how long -- so you're in the Albany area? You're in Clifton Park?
MS. PENZA: And what is the destination?
MS. PENZA: What state is that?
DANIELA: Texas. That's one of the crossings that I actually knew from my past. We used to go shopping to the U.S. when we were very young. There is a path where people can just cross back and there's no -- there's no actual checking because people who live at the border they come and go. At least that's how it was at that time. And the -- so the trip was to go from New York to Texas.
MS. PENZA: And how long does that trip take approximately?
DANIELA: I remember it was days, maybe two, three days, but I only remember one night in one hotel. There must have been more because it's a long trek.
MS. PENZA: What do you remember from the hotel?
MS. PENZA: Why do you put exercise in --
DANIELA: I wasn't there to exercise. I went there to sit on the treadmill and watch the news. You know, I just wanted to know what was going on. It felt so -- it was like a violent -- all of a sudden it's the real world and everything happened, is going, you know, without me. And all of a sudden, I'm introduced to like -- and there's so much going on. I wanted to know. So I remember doing that. I'm going to go to the gym and exercise, whatever. I didn't know even like, you know -- and I remember just sitting on the treadmill looking at the news.
And I also went to the -- like they have like a work center, as they do in some of the business hotels. And I was Googling and I was Googling. And I Googled where I was going to go. I was Googling. And I remember I Googled safest city in Mexico, because I was so afraid that, you know, I wanted to go somewhere safe. I wasn't allowed to go to my hometown or anywhere anybody knew me. And I was very afraid. So I remember I looked that up and there was like a top five and I picked the top one. And after I picked that top one, I started like looking -- went to that place to see. I didn't know how much the pesos were worth. I didn't know how much it was going to be. I had no idea. Like my sense of, like, the money, or whatever. So I was -- I looked up really quickly to see what I was going to -- you know, once I was there, I was, you know, on my own, you know. So I remember doing that. I don't remember what else I looked up.
And I also remember it was at that hotel I think I remember -- I felt -- I remember like Kristin wouldn't let me have alone time with my dad. Like, I remember, like, I wanted to stay with my dad and hug him and, like, spend time with him, you know. I was so happy. I was -- I mean, happiness is a weird description of that, but I liked seeing him in the middle of everything that was going on, you know, and I wanted to -- and I don't think -- I remember wanting to stay in the same room as him. I don't think I was allowed to do that.
And I remember -- I remember at some point -- I think it was about as we were about to, like, go out of the hotel, I had this like feeling of I don't -- I don't want to do things wrong and telling my dad that, you know, I took some money from you, I just am really scared, I'm really sorry. And I gave him back the money. And I think I had the PSP with me and I was, like, hiding it, like, I wanted to have it. And I think I gave it back then. And I just wanted to be clean. I just wanted to be clean. And I remember doing that.
MS. PENZA: Did anyone say -- did either of them say anything to you when you gave those things back?
MS. PENZA: And did they tell you how they knew?
MS. PENZA: And what happened when you got to the border?
DANIELA: At some point during the trip it was revealed to me, because it wasn't a surprised, there was going to be someone waiting for me at the other side of the border and that other person was my father's accountant. And he was going to be there because it was very violent in Mexico. And, indeed, it was very dangerous. So -- especially the northern area. And I was able to observe it, because it was desolate and there were like bullet marks all across the highway, like, along the highway, and it was completely empty. So I believe my father arranged that so I wouldn't go through that period of very dangerous -- you know -- that trek of very dangerous highway alone or -- I don't know. I considered it an act of kindness.
So he was going to -- before I crossed the border, I did have a moment with my dad.
MS. PENZA: And what happened?
MS. PENZA: How much did he give you?
DANIELA: It was 1,500 pesos. And he gave me his watch and he cried and I cried. And he said, "Please do everything you need to do to get back to us. It's going to be hard, but you can do it. Please do everything you need to do to get back to us." And it felt -- it was so beautiful, because it felt real.
And after that, I walked across the border and this accountant person received me and got in the car. I don't remember talking to him about anything. And we drove and drove. And I remember driving past Monterey, which is like the first major city to cross. I remember details about Monterey. I don't remember if we stopped there or not. I also remember driving past my hometown.
MS. PENZA: Is Monterey where you had gone to --
DANIELA: School, yes. So, I'm somewhat familiar with the city and streets.
I remember driving past my hometown and the highway goes past my hometown. I could see my childhood home from afar. I remember it felt very weird, like a different world and we just drove right past it. I wasn't allowed to see anybody or be anywhere where people knew me.
And he dropped me off in the capital of that state, of my home state. And he bought a ticket to where I wanted to go, which was the south of the country. So the remaining of the trip was going to be also a few days by bus. So he bought a one-way ticket for me from the capital of the state to the city where I was heading to and that was it.
MS. PENZA: How long was the bus ride?
DANIELA: It was days. It was really long. It's really long. I mean, it's opposite sides of the country and Mexico is quite large too.
MS. PENZA: Did you -- did you stop at any hotels along the way?
DANIELA: No, no. I wasn't spending any money. I just slept in the bus station sometimes or I slept somewhere. I slept on the bus. I was trying not to buy any food, as little as possible. I was very scared of running out of money and what am I going to do when I get there. So I was just planning what I was going to do when I got there. But I wasn't -- no, I wasn't spending anything.
MS. PENZA: Did you have a phone or a computer?
MS. PENZA: Did you shower along the way?
MS. PENZA: So when you arrived at the city, had you ever been there -- had you ever been to that city before?
MS. PENZA: So what happened when you arrived?
DANIELA: I mean, I was in -- when I arrived, I wasted no time. I mean, I wasted no time. There was a wonderful of part of being in the outside world and the sensation. It felt really overwhelming, like, all of a sudden, like, a whole wide open world. It was frightening at the same time. I wasted no time.
As soon as I got off the busy, I asked someone to direct me where the center of the town was, like the main plaza, and I went there. And I started asking where are some hostels that I -- because I needed to figure out, okay, so what am I doing tonight, I need to settle, I need to get the newspaper, I need to look for a job, I need to look for a place to live. I wasted no time.
So I just went there. I remember I ran in -- I met one man who was very kind to me and, like, he said, you know, this is a good hostel to stay at. It was a very safe city, by the way. And I said, well, what can I -- like, is there a pawn shop? And he guided me through it, took me there, a very nice guy.
And that first day I was sleeping at a hostel and I was getting ready to, you know, go and look for a job the next day first thing in the morning.
MS. PENZA: The hostel where you stayed, do you remember how much it was?
DANIELA: It was like 180 pesos a night. It was like eight people in one room, one bathroom. So it was very cheap. Still, I didn't have a lot of money. I remember I used to count the days that I could afford and I was against the clock of finding a job and finding a place to live.
MS. PENZA: At this point, do you have any identification?
MS. PENZA: Did you -- you said you went to the pawn shop. Did you pawn your jewelry?
MS. PENZA: So, then, what happened?
DANIELA: So that was my little budget. So what I did is I went in the -- in Mexico, we have these job applications that are like standard formats and I bought a few. I couldn't afford a lot of them. I took some pictures of myself to put on the applications and I filled them out with as many as skills as I thought I had.
MS. PENZA: What type of skills did you put on there?
DANIELA: I can use Office, Word Excel, PowerPoint. I remember, you know -- I mean, I wasn't looking for anything high level. I was looking for --I went to hotels to be like a cleaning staff. I was, you know -- I was looking for -- because I didn't have -- I didn't have an education, one; and second, I didn't have papers. So, even in Mexico, to find a formal job, like everybody's going to ask for a list of, you know, your ID, your -- you know -- your official ID in Mexico is an IFE, back then INE -- and a list of requirements. You have to have that. How is someone going to hire you? They don't know who you are. They can't check on you.
So, I was looking for a very basic jobs that would make me money like right away. Like I couldn't wait for a long interview process, nor did I think I was qualified for any of those jobs. So there was, like, the annual carnival at the time in that town, which made it very difficult because the whole downtown was closed during the day and the carnival was going on. So, I ended up going to malls and finding anything that was opened. I would give them my job application. They would look at it. A lot of them would say no, no, but you can leave us the application in case we need someone. I would say no, no, can I have my application back because I need to reuse it. I didn't have a lot of them. I had like three or four, you know. I was just asking for a job.
Even if there were no vacancies, I was just going -- I ended up going to stand to stand at the malls just, you know, asking do you need some help? Do you need this? Is there anything I can do? Do you have a job?
And I ended up finding a job.
MS. PENZA: Where?
DANIELA: At a computer store, a store that sold computers. And I got really lucky because the owner -- and I was very honest. I was very -- every time I say the only -- I don't have ID and I'm looking for something temporary. So it was a hard sell, I think. But I wanted to be very straightforward. And this man told me, oh, it must be my lucky day, because his main person who was like the main cashier, she was on leave because she was pregnant, so she had something -- he said he had something temporary and when can you start? I can start tomorrow. So I started work within a few days.
After I found a job, then I was looking for a place to stay that was nearby. And also within a few days I found this place. I would look for a room, not an apartment, because I also didn't want to be alone. I was scared. I thought even though I found out this was a very safe place, I felt very unsafe. So there were these ads that were for like a room. In Mexico, they tend to specify, I don't know if here, if it's for a man or a woman. And, so, I would look for those. And I ended up staying at a house with a very nice lady was living with her three sons and they had the main room that they were renting out and I stayed there and I felt very safe. I -- she shared some of the food she was preparing. They treated me like I was -- you know, they took me in a way. So, it was a fast transition.
MS. PENZA: During that time, were you still in communication with anyone -- with your family about getting your documents?
DANIELA: Yes. And, also -- yes. And, also, like, one of the first things I did when I got to the city was I went to the public library to get a library card to get a book, because part of what I needed to do -- they had given me, like, a deadline and, like, tasks. I still needed to do book reports to get back and I didn't have books to do book reports on.
MS. PENZA: Were doing the book reports tied to getting your papers?
MS. PENZA: To getting your birth certificate?
DANIELA: It was conditional. Like, they were going to help me as long as I did those things. And also part of the condition was and you need to work towards fixing your legal status and getting your visa. So, for that I needed my papers. So it was a very weird conditional. So it was all, like, based on, you know -- I needed to keep writing and I needed to keep doing book reports and sending them.
MS. PENZA: And specifically, was your birth certificate one of the things you were asking for?
DANIELA: Very specifically because my birth certificate -- a birth certificate in Mexico is the one piece of paper that you need in order to get your official ID, the IFE, or even get a passport. So it's like the basis of the identity.
MS. PENZA: So you were going to the library.
MS. PENZA: And what happened?
DANIELA: At the library -- well, everything -- everything was hard because I didn't have an ID for anything and I didn't have, like, at that time a place to live. So you need to -- you need proof of address, you know, the usual, whatever a normal person has. So even getting a library card was hard. And the person in charge of the library actually ended up -- he told me you need a guarantor, a guarantor, like someone who will sign for you, like, usually it's like -- so you don't take the books. And I remember telling him I didn't have that and I didn't have an ID. And he said I'll sign for you, not enough people read these days. And he gave me a card and I was able to get books.
So things were going well for me, I think. And I wasn't -- I wasn't writing and I wasn't doing book reports because I didn't have a computer, so for me to even like get on a computer, I needed to go to a cyber cafe and pay per the hour. And I didn't have money and I couldn't spend money. I was busy surviving and trying to survive. You know, I didn't have anything. And I needed my papers to even be able to start building what I needed to build in order to do the things they had told me I needed to do and they had given me deadlines. There was some number of months' deadline to get my visa, which was insane, you know. But I felt -- you know, even that last interaction with my father where I felt again the pool of my family of please get back to us. You know, like -- so, I think I wanted to, but most of the time I just couldn't.
MS. PENZA: So did you continue to work at the computer store for some period of time?
MS. PENZA: And then did you end up having any other jobs?
DANIELA: Yes. So I had that job at the computer store. Then I was an English language teacher for a special emergent program for, pilot program, for the Secretary of Education, so for a public school. So, like, first, second, and third grade of elementary school, I was a teacher there.
I worked as a manager at a restaurant and a bar. I organized events. I was doing websites and fixing websites for people, setting up WiFi networks and printing networks.
I think that at some point I had four jobs at the same time and I was just, you know, trying to save, trying to make sure I was stable. I always was panicking not to have enough money. So I was just hoarding the money.
In Mexico, the first job I had, it paid less than 4,000 pesos a month. That's about $200 a month.
MS. PENZA: At some point did you get your birth certificate?
MS. PENZA: Can you explain how?
DANIELA: Yes. So I had tried to get my birth certificate, but because I was living in a different state, you could only get your birth certificate in the state that you were born in, like you have to go there to the civil registry and you get your birth certificate. And there's a service for foreigners, for people who are living far away, but it was extremely expensive. I remember it was more than 5,000 pesos. So I didn't have money to get that.
So, at some point -- another one of my jobs, I was a tennis teacher, so, like, a tennis -- you know, that gives lessons to kids. And I was teaching these kids, and their mother, I became friends with their mother and I actually started teaching them English too, like, by the hour. So I was a tutor. And this woman, she was a lawyer with the Human Rights Commission and we became friends. And in one of our conversations, I told her, you know, just in passing, you know, that I was struggling because, you know, I didn't have papers. And she said having an identity is a human right. I will get you your birth certificate. And through the Human Rights Commission, I got my birth certificate for free.
(Continued on following page.)
BY MS. PENZA: (Continuing)
MS. PENZA: How did your life change once you had your birth certificate?
DANIELA: Having an identity is everything. I, I mean other than the, logically, what one can do, the jobs one can apply for, having bank accounts, having credit cards, having like an official place where I can live, the sense of identity and the lack of dependency, my life changed completely.
MS. PENZA: Were you able to take on different types of jobs as well?
MS. PENZA: What do you do now?
MS. PENZA: How many people do you supervise?
MS. PENZA: Do you have plans to purchase this business?
MS. PENZA: Very successful now?
MS. PENZA: Is that a job that you would be able to have if you didn't have your papers?
DANIELA: No. I am the legal representative for the company. I have a lot of responsibilities that require me to have not only a identity, but a very stable identity.
MS. PENZA: And what types of -- what's your day to day like?
DANIELA: My day-to-day is I mostly work at the factory so I get to travel to different parts of the world, Hong Kong, Italy, to different shows related to the industry. I start early in the morning, I supervise the entire factory and the entire production. We are dedicated to import/export, so it's hectic and it's a lot of work but it's, it's very exciting work. It's a full day, but I have a great team and they do a great job and I very much enjoy working with my people, my community.
I think at some point, I realized that I was not going to change the world and that was a sad thing, that was a very real thing. I had childish dreams to change the world and do something really important and now I feel I have -- my domain in the world is smaller but it's big enough for me. I have 250 families who depend on me and I'm very proud to do that work.
MS. PENZA: During the time period when you were in Mexico, did you ever communicate with the defendant?
DANIELA: I, I, I know I did. I don't remember, I don't really remember it very distinctly. I don't know if it was both ways so I don't know if that was communication. I know that I sent him e-mails. And I know that at one point, I called my sister number, my sister's number, and he picked up so that was a communication, yes.
MS. PENZA: You talked at that time?
MS. PENZA: How -- why, why did you continue to send the defendant e-mails sometimes?
DANIELA: When I left the U.S., when I escaped the room, obviously, it's a before and after, and it was a huge decision but it by no means stopped everything, wiped everything inside me, wiped the abuse, wiped the manipulation and made me new. That's not how it worked, that's not how it worked with me. That's also how -- I don't think human nature is like that. So even after I left, all of this, all of the beatings, all of it was still inside of me. I mean, all of it remained with me.
My circumstances had changed and I tried to make the best of that but all of that, all of the expectations, all of beatings, all of the, I'm a monster, I'm all these things, those continued with me and as I spent more and more time in the real world, they, I wouldn't say faded, but as I built a world for myself, as I had friends, as I had a job, as I had an identity, that was huge, as I had a boyfriend and I loved him and he loved me back, as I had all these things, as I built a world, it was only after that that I was able to look back and look at the world I had been and realized the monstrosity that this happened but it wasn't immediate.
So a lot of the things -- it took years. It really was a long process of rebuilding every part of my existence that had been destroyed. So the way I see it is like residual damage, you know, that stayed with me. Still in my head, oh, I need to fix it, still in my head, oh, I still owe them, and still in my head, oh, I did something bad. And with time, it went away but it wasn't immediate. So that writing, that's how I understand it.
MS. PENZA: Was there a point when it did go away?
MS. PENZA: And after that point, did you ever speak to the defendant again?
MS. PENZA: Communication with your family.
MS. PENZA: Did you eventually talk to your mother again?
MS. PENZA: How was the process of rebuilding that relationship?
DANIELA: My mother found me so she found out where I was living through the maid, my father's maid. She got my information and she went looking for me and I didn't want to see her. I was trying to build my new world and I hated her. I did not want her.
So, the first visit was horrible and I remember screaming at her, You left me, you didn't come, you didn't get me, you didn't come and get me, and I remember letting it all out. I remember her just taking it and apologizing. That was the first visit. Very similar, the second. She was living in Mexico City at the time so she would come visit for days and I didn't even like that. I felt like she was contaminating my brand new world. You know, she was part of that -- I didn't even want to think about that. Like I remember, I didn't want to think about it. It's not something I wanted to be thinking of. But it took, like, three visits and, I mean, a mother is a mother and, eventually, I was just happy to have my mom and we talked things out and I could understand what she had done and she's human just like me.
MS. PENZA: Your other family members, can you describe what the process was, like, of communication after, after the room?
DANIELA: Yes. So for, for my brother, I attempted on and off to send him messages or call him. He never picked up. He never replied to any of my messages like ever, any single time.
MS. PENZA: You are now in communication with your brother, is that right?
MS. PENZA: We'll talk about your brother in a moment. How about your father?
DANIELA: My father, my father -- one time, I was contacted, after years really. After years, my father had someone from my hometown who was going to get married and his girlfriend at the time was part of that family so I knew that the wedding party was going to be in Merida. So I remember trying to contact him to see, you know, he was going to be in my town so, hey, can you, can we meet. I remember getting an answer in the negative but it was an answer. And shortly after that, I remember being contacted by him and my sister Marianna. That they were both going to come and visit me.
MS. PENZA: Was that surprising to you?
DANIELA: Completely, but I was thrilled. I mean, that was fantastic. I wanted to see him. Of course, I wanted to see them. I wanted to see both of them.
So they made plans and they're like, Oh, we're going to go there, and they went to visit me and they were in my hometown. They didn't stay at my place. They didn't even ask which is weird because we're family. They stayed at some hotel and they arrived and it was a bizarre experience. I mean, all of this is a bizarre experience and, obviously, we're a very dysfunctional family after ESP and Keith, but, you know, it was, "Oh, the weather is so nice here" or my sister, "Oh, look at my new designer something-something," and it was all, like -- like, there was not a word about what had happened. And I was -- I wasn't going to touch it, you know, because, like, they were there and I was happy to see them and I wasn't going to risk them. All I wanted was that contact.
But I remember I took them to visit, to tour my factory. My father took some interest in it. My sister Marianna said she was tired and slept at the front office the entire time. So there was no interest in my life. We visited a museum. It was an odd visit, to say the least.
MS. PENZA: Was that an outlier in terms of contact with your father and your sister Marianna?
MS. PENZA: Was that the only time that happened?
MS. PENZA: Looking back, did you have any thoughts about what had happened?
DANIELA: Yes. I had many theories. In fact, I discussed them with my mother. It was a very -- it was a very odd situation. And I remember at the time Marianna was in Mexico, she had been in Mexico City for, like, months and had not called my mother and then all of a sudden, you know, she had made an appearance and I asked to meet with her and then she was asking to meet with me which was also very odd. And I remember my mom and I just talking about that and just talking about how weird all of this was and what might be happening. Yes, it was, it was -- we had some theories.
MS. PENZA: Okay. So her, Marianna being in Mexico for a long period of time, did that strike you as unusual?
MS. PENZA: So what did you know was going on?
DANIELA: She told my mom that she was having issues with her immigration and also she was rebuilding Jness or building Jness and opening some centers there which my mom thought was BS, but that was what she was told. And so, I mean, my mom and I came to the conclusion that they were trying to --
MR. AGNIFILO: Object to the conclusion, Judge.
MS. PENZA: I'll ask another question, Your Honor.
THE COURT: Go ahead.
MS. PENZA: When you were on your visitor's visa, your B-1 visa --
MS. PENZA: -- did you know the, did you have an understanding of the various conditions that were part of that?
MS. PENZA: And did you have an understanding that you needed to not have an intent to remain in the United States?
MS. PENZA: And so is it important to show that you had a real contact, a real life in Mexico?
MS. PENZA: Did that factor into why you thought your sister and your father were visiting at that time?
MS. PENZA: After that contact with your father and your sister, did you have any other contact with your sister at all, your sister Marianna?
DANIELA: No. After that, like, the ice had been broken because, really, there was no contact whatsoever prior and there were, like, a few exchanges in texts but just as, you know, just as cold, and they would go, like, weeks, if not months, and then maybe she would reply, but there was nothing.
MS. PENZA: Was there ever any contact from your sister Marianna that felt strange to you?
MS. PENZA: Can you tell us?
DANIELA: At one point, I was contacted and Marianna said, I think she asked me, like, right off, like, has Kristin Keefe contacted you.
MS. PENZA: Had Kristin Keefe contacted you?
DANIELA: No. And I was, like -- and I didn't follow, you know, I didn't follow what was going on with ESP or NXIVM or anything at the time. I was busy living my life. So I was, like, I don't know what's going on. It's very important that you let us know if she does or something like that. Just, like, very, like, okay, okay, fine, you know, what happened. You know, like, who knows. And, yeah, I think that after that, the only other relevant communication she had with me is when she told me she was pregnant and that was when she was, like, eight months pregnant.
MS. PENZA: Kristin Keefe, did you ever see her again after you got to the border?
MS. PENZA: Did you ever speak to her again?
MS. PENZA: Your, did you ever have -- did you ever speak in person to anyone else from the NXIVM community while were you in Mexico?
MS. PENZA: Can you tell us what happened?
MS. PENZA: Who is that? What's the name?
MS. PENZA: And is he a powerful person in Mexico?
MS. PENZA: So this was a wedding at the hotel that you were at?
MS. PENZA: Was this a fancy hotel?
DANIELA: Yes. I was working at a boutique hotel, I was the manager of the restaurant, and part of the wedding party was going to stay there and they were going to have some sort of a reception there. My luck. And one day, like, I'm managing the restaurant, you know, doing my thing, and, "Oh, my God, Emiliano." And he has, like, a famous wife or he was going to get married to a famous person and there was a celebrity and as soon as I hear the name, I just want, I just wanted to disappear. So this was, like, before the wedding. They were planning and they were doing -- they were there with the wedding planner. And so I saw him. I had a brief interaction with him and the other NXIVM that was there. And then I don't remember how, I don't know if I contacted her or she contacted me, but I ended up seeing Lauren when the wedding actually happened.
Because -- a few weeks later, the wedding actually happened and I read from the news, like, the local news that all of, like, the people for, high-ranking people from ESP were there. Like, there were pictures in my city that I escaped to. And I ended up meeting with Lauren. I remember it was a bizarre experience. I remember being -- and the fountain in front of the hotel I worked in which was, like, two worlds clashing, just they do not belong together, my brand new beautiful world and, like, this old thing. And I remember it being this old thing, like, you know, how are you doing in your program and how you have to fix things. I remember just listening. I don't remember all the details. I'm, like, I'm busy living. You know, I don't know exactly what went on there, but I remember there was an interaction. I don't think I followed up very much on it. At least I don't remember. And I remember having seen Nancy Salzman and Adriana Nino, I remember, of ESP from Mexico from afar, like, walking by.
And a few days after the wedding, I was walking with my best friend on the main avenue of the city I live in and I ran into the Mexican contingent of the ESP, Loreta and I think it was Omar Boone, and it was another bizarre experience. I was just, it was just late at night, I think, on a weekend walking to a coffee shop with my best friend and there they were, like, everybody I had known from my past life, my horrible past life. And I remember, that was a bit more casual. I had a little bit of fun with it. Oh, hi, how are you doing? We haven't seen you for a long time. I was, like, Oh, just hanging out.
MS. PENZA: Did -- is it possible that you reached out to Lauren?
MS. PENZA: During that time period where there was, were some efforts on communication, had you had real meaningful contact with your family?
MS. PENZA: Did you view your contact with anyone at NXIVM as important in trying to gain that access to your family back?
DANIELA: Yes. I mean, I very clearly thought and felt that -- I can't even say Lauren because it was always Keith. Like, Keith held the access to my family still. I mean, everything was funneled, you know, through Keith. You know, if I did what I had to do, then I would have access to all of that. Again, that faded with time because I stopped meeting them and at some point, I really just gave up on my family. Not really, but I thought, you know, like, I'm building my own life. I let go and I didn't need, I didn't need -- it was huge -- I didn't need my papers anymore. You know, so the beauty of life and living the life just took over and I was able to, like, move on but, yes, I very distinctly felt Keith held access to my family.
MS. PENZA: Going to --
MS. PENZA: Your Honor, I probably have about 15 more minutes or so. Is it okay if we go past 1 o'clock?
THE COURT: Only if you want the pizza to get cold.
MS. PENZA: Oh, I definitely don't want the pizza to get cold.
THE COURT: Why don't you go to 1 o'clock.
MS. PENZA: Understood, Your Honor. I'll find a good stopping point.
THE COURT: All right. Go ahead.
MS. PENZA: So at the point in time when you are -- so when do you start working at the plant where you are now working?
MS. PENZA: By that point in time, is that a point in time where you kind of viewed this old world and new world where you felt solid and, you know, the defendant no longer held any sort of power over you at that point?
MS. PENZA: A little bit after that?
MS. PENZA: So taking that, right around that time frame, are you in communication with your brother Adrian?
MS. PENZA: Are you in contact with your sister Camila?
MS. PENZA: At some point later, did you end up having more communication with Camila?
MS. PENZA: About when was that?
MS. PENZA: And how did that communication begin?
MS. PENZA: And what type of communications were you having with Camila at that point?
DANIELA: I remember the first communication she, my sister is, like, a very -- she's an honest girl. If she has to lie, she'd rather not say and she tends to be very clear. And so I remember she told me, you know, she wanted to have a relationship with me but, you know, like, her -- like, Keith was also very important to her or something like that. So, you know, it was important for her that those did not collide. And I said we can have our relationship, it can just be you and me, sisters. And we started talking under that basis. But the truth is that the reason and the way the contact started is because by the time that I started talking to Cami, I was done understanding. I understood what had happened to me. I understand what had been done to me and I wanted to help her out of there.
MS. PENZA: So did you continue to talk to Cami?
MS. PENZA: And how does the communication continue? What type of conversations are you talking with her?
DANIELA: Oh, we're going through texts and we send each other pictures and we're, like, video calling and we're, like, calling via WhatsApp. And I remember the situation from the media, like, there was, like, a lot of stuff on the media happening at some point and it started escalating. So I was trying to, you know, talk to her about, Hey, listen, you really need to fix your immigration status, you know, you can't live like that. And I started to find out things like she had no money, she was working but had no money. Well, familiar situation. So I sent her a credit card, like a cash card that I could refill from afar and make sure she had money.
MS. PENZA: So let me stop you for a second. When you say there started being stuff in the media, what do you mean?
DANIELA: At some point, there was like a big, I think, there was, even before the articles, there was an article in the New York Times and before that, it started boiling up. It had started boiling up for a while and there was this thing about DOS.
MS. PENZA: Have you heard -- have you heard DOS also referred to as DOS?
MS. PENZA: You can use DOS?
DANIELA: I mostly read it. I mostly read it. And I remember because my mom did keep up with the media quite a bit and I remember she was sending me links and I was, like, Mom, don't worry about that, it's so made up, don't worry about that.
MS. PENZA: Why did you think it was so made up given --
MR. AGNIFILO: I'm going to object to this whole line of what she read in the media.
THE COURT: Sustained.
THE COURT: Go ahead and ask the question.
MS. PENZA: So, DOS, there's media about DOS and you have concerns for your sister?
DANIELA: They were not related to DOS, my concerns. I actually didn't believe any of that, but it was centered around NXIVM and I knew my sister was there illegally. By talking to her, I realized that she was very isolated. I knew --
MR. AGNIFILO: I object. This is all hearsay, Judge.
MS. PENZA: Your Honor, this is very important to show what happens, what comes next in the story. It can be not for its truth.
MR. AGNIFILO: Can we have a sidebar?
THE COURT: Why are we having this debate in front of the jury?
MR. AGNIFILO: I agree.
THE COURT: Well, you are a part of it and so are you. We will take lunch.
All rise for the jury.
(Jury exits.)
THE COURT: All right. You may stand down. Do not discuss your testimony with anyone.
(Witness steps down.)
THE COURT: Everyone in the back may be seated.
There is an objection --
MS. PENZA: Yes, Your Honor.
THE COURT: -- to this line of questioning, right?
MR. AGNIFILO: Yes, Judge.
THE COURT: Okay.
MS. PENZA: Yes, Your Honor. So Camila's conversations with her sister are --
THE COURT: Can you sort of speak into the microphone? It would make it a lot easier for certain people to hear.
MS. PENZA: Yes, Your Honor.
THE COURT: Thank you very much.
MS. PENZA: So Camila, Camila's conversations with her sister are very important for the next, to understand what -- they're not being offered for their truth and so they're not hearsay, and they are important for understanding the context in which Daniela takes the next steps that she does take in terms of helping her sister leave Clifton Park and come to Mexico. And then there, there may be portions that are important -- I think that's enough, Your Honor.
So I think if there is a concern, the way it would be appropriately handled is with an instruction that Camila's statements are not being offered for their truth.
MR. AGNIFILO: First of all, I think they're very much -- the witness said that she reached a conclusion that Camila had been isolated and then said that's sounds familiar. So that's clearly for its truth. That's how the witness intended it. It's an utterly inappropriate line.
I don't understand why this witness' state of mind is relevant to this trial whatsoever. It doesn't matter. It it's not relevant what this witness did with Camila. It couldn't matter less. It's not charged. It's not part of the narrative. It has nothing to do with anything and they're trying to bootstrap. They call this person. If they want to call her, they can call her. They call the witness. They're trying to backdoor it by making statements how important this is for the next stage of evidence which is inappropriate also. I object to the whole thing.
MS. PENZA: Your Honor, Mr. Agnifilo made the speaking objection, but the point here is that when Daniela said that she was concerned about her sister's isolation, Daniela is speaking about her own feelings, her own concerns at that point in time, and they are relevant. They are very relevant to the rest of the story. Camila is the number one DOS slave. That is the, that is the defendant's stated purpose and stated reason for why DOS exists. And so the following part of this narrative, of Daniela extricating her sister from Clifton Park, bringing her back to Mexico, then having the defendant's associates try and take her away again and then bringing her back yet again is a very important conclusion to this narrative. It's all part of the conspiracy, Your Honor.
MR. AGNIFILO: This witness' feelings about her sister are not relevant. They're not relevant.
THE COURT: All right. What happened is relevant. What Camila said to her sister is hearsay but it is not being offered for the truth and I will give an instruction.
MS. PENZA: Thank you, Your Honor.
THE COURT: We will take an hour for lunch.
(Luncheon recess.)
(Continued on next page.)
AFTERNOON SESSION
(In open court; outside the presence of the jury.)
THE COURT: Please be seated in the back.
Did you want to --
MS. PENZA: Yes, Your Honor. Could we have a sidebar, please?
THE COURT: Sure.
(Continued on next page.)
THE COURT: All right. Let's bring in the witness.
(Witness resumes the stand.)
(Jury enters.)
THE COURT: Please be seated.
We are continuing your direct examination. The witness is reminded she is still under oath.
MS. PENZA: Thank you, Your Honor.
Your Honor, I believe where we are going to pick back up is in the conversations between Camila and Daniela so I think this would be the appropriate --
THE COURT: Yes.
Members of the jury, the witness is testifying in answer to some questions about her conversation with her younger sister in which she identifies certain statements made by her younger sister. Those statements are not being admitted for the truth of the matters asserted in the statements but only the effect that those statements had on the witness.
So the jury should not accept the assertions being made as to the statements of Camila except as to how that affected the witness and not for the truth of the matters asserted by those statements.
So let's move on.
MS. PENZA: Thank you, Your Honor.
DANIELA , the witness, having been previously duly sworn, resumed as follows:
DIRECT EXAMINATION (Continued) BY MS. PENZA:
MS. PENZA: Daniela, before we broke, you mentioned that you had concerns about your sister's money situation?
MS. PENZA: And she told you that there were difficulties with money?
MS. PENZA: And so what did you do in response to that?
MS. PENZA: How did you do it?
DANIELA: I sent her a book with a card inside it that could be refilled from Mexico by me and she could use in the ATM to withdraw money or to pay for things.
MS. PENZA: And how much money did you put on the card?
MS. PENZA: Did you end up refilling that as well?
MS. PENZA: Were you able to tell how she was spending the money?
MS. PENZA: How?
DANIELA: I could see the card was not -- I didn't open the card in her name. It was in my name. So I had the user name and password to check on the cash card.
MS. PENZA: And so what types of purchases would she make?
DANIELA: I saw that she withdrew large amounts, like, 300, 300, and 400, so that -- because I told her to. I wanted her to have cash in case she needed it. And I know that she bought food with it.
MS. PENZA: At some point, did you, did you have further -- did you continue to have these communications with Camila?
MS. PENZA: And did you become increasingly concerned about Camila?
MS. PENZA: Why?
DANIELA: Well, first of all, even sending her the card was difficult because she wouldn't tell me where she lived so I wasn't able to -- I was going to Fed Ex it overnight and she just wouldn't tell me where she lived and I never found out where she lived. I had to send it to a friend of hers, that she gave me her address and she was going to intercept it.
And she -- we started, the communication increased so that we actually would have conversations and I would be on the phone with her for hours. And I could tell that she was having emotional ups and downs, and I knew from before that she had downs, so I would ask her about that and I would ask her about how she was doing. We spoke about her job, about how much she was being paid. She thought it was unfair the way they were paying her and how much, the things that she was allowed to do, not to do with regard to her job in Rainbow as an MDS. She didn't think she was receiving enough. She was doing too much. And then I remember she was going to go to V Week and was in charge of a big project, but they had only given her, like, the exchange of going to V Week as payment. We talked about that and she wasn't happy about it.
MS. PENZA: Did she ever -- were there any other times where she expressed fear?
DANIELA: Yes. Our conversations also went in the way of her relationship with Keith and my relationship with Keith that I had had. And from what we talked about, I learned that she had tried to break up with him before and this really concerned me because I went through something similar. And she was trying -- she was very upset that Marianna was having a baby and had had a baby. It was that transition point. And she was trying to break up with him and it really seemed like she was getting nowhere and that was the point where I decided to tell her everything that happened to me from the beginning to the end.
MS. PENZA: And what was your purpose in telling her that?
DANIELA: I wanted her to know that she wasn't crazy, that she wasn't alone. Some of the things that she was telling me Keith told her were exactly the same things he told me. So I was trying to be there not as a sister, but as a woman for my sister so that she could make a decision with all the information, you know, that she knew what she was into and make her own decision. I just wanted her to know the truth.
MS. PENZA: Did she ever indicate to you that she had to hide her communications with you?
MS. PENZA: And what was -- how did that affect you?
DANIELA: Really fearful, I mean, the fact that she had to hide them. And there was a point in the text exchange, it was, like, Keith walked in but he didn't notice, you know, something like that. And I, I don't know, maybe it was irrational but I was frightened that something might happen to her, that they might make her disappear or she would be put in the room and disappear out of my site.
So at some point we came up -- I told her, I'm concerned about you, you're illegally in the country, not doing great, so if I text you and you don't text me back in eight hours -- and this is word on words -- I will go full psycho on them. And that meant, I mean, I wasn't going to be able to go to the country, but I would send people, I would go and search for her and get her, because there were times where she wouldn't answer the phone for the entire day. Then she would finally answer and say, I'm just having a really rough day, and I knew what that meant.
So I was very, very afraid that in the middle of all this media that was being focused on NXIVM, they might hide her in an effort to, you know -- I saw her as a liability. She was a liability. Hide her and, like, do something with her where I wouldn't be able to reach her.
MS. PENZA: Did you put any further plans into place?
MS. PENZA: So what happened next?
DANIELA: I talked to her about fixing her immigration status. I said, Listen, if you, if you -- if we fix your immigration and you want to go right back where you are, that's fine, you just need to have the freedom, so if you wanted to do something different, you can. If you want to work for Rainbow, that's fine, but you need to be legal because right now, you can't do anything if you're illegal. So we started planning on that and I started planning with her to come back to Mexico.
MS. PENZA: And what happened next?
DANIELA: It was really difficult. I would have conversations with her and she would have conversations with Keith and would tell me, no, you know, he's telling me that I really, you know, I've been here long enough, that, you know, I should wait for the DACA thing and that they have connections and it would be a waste if I don't go, if I go back now, I should really wait for that.
MS. PENZA: Do you know what DACA is?
DANIELA: I researched it and hired an immigration lawyer to find out what that was and see if that was viable for my sister and it wasn't. It was just a way -- they would tell her that they had lawyers, that Clare's lawyers would help her, and so it was, like, a huge back and forth. You know, she would talk to me and tell me, Okay, yes, I want to do this. And she would talk to Keith and then it would be, like, she would have another idea. And there would be a few more conversations, where I would like just logically tell her, Okay, so how much do you have, just break it down and see what her decision was, not just the manipulation.
So it took a while, but she made a decision and it was her decision. She made a decision. I was just there to just keep the reason in place of and I mapped it out and she was very afraid. I had given her enough money. There were times she was very scared about what was going on and I told her to go to New York City maybe for the weekend so she wouldn't have to be exposed to anything going on. She was afraid of going to the bus station and getting on a bus. She's just frightened. I think she's naturally paranoid, that's her tendency, but she was full on paranoid, justifiably so.
So I realized there was no way she was going to be able to get to the bus station or to New York City. I was going to set up for an aunt that I have to go and pick her up, someone that she knew. I couldn't go. I didn't have status to go and get her. So, but she was so frightened. So what ended up happening is I, I saw no way out and I, the only person we could think of, and I was talking to my mother, was my brother. And at that time, my brother wasn't talking to me, had not talked to me in seven years. He talked to my mother on and off just to fight. And my brother had been suspecting or had been experiencing a lot of things in NXIVM that did not make sense to him including that my mother having, my mother -- my sister having Keith's baby.
MR. AGNIFILO: I'm going to object.
THE COURT: Sustained.
MS. PENZA: So at that point in time, let just go to the point in time -- you haven't been speaking to your brother in seven years, you said?
MS. PENZA: At that point in time, what happens?
MR. AGNIFILO: Objection.
THE COURT: Sustained.
MS. PENZA: Your Honor, if I may, I think we could give the same instruction.
THE COURT: Is there going to be a follow up with this witness about --
MS. PENZA: What happens?
THE COURT: Yes.
MS. PENZA: Yes.
THE COURT: All right.
Members of the jury, the conversation between the witness' mother and her brother is not to be accepted for the truth of the matter asserted, but only for the impression that it placed on the mind of the witness and the witness' behavior at that point. So just as I said before, it is hearsay and it cannot be considered for the truth of the statements being made by either the mother or the brother, only the impression that was created in the mind of the witness.
Go ahead.
MS. PENZA: Thank you, Your Honor.
MS. PENZA: So what happened?
DANIELA: So my brother insists to my mother and asks, which he was doing at the time repeatedly, said nobody tells me anything, there are things happening that don't make sense to me but nobody will give me information, nobody gives me the data. Please tell me, like, if there's something, just tell me because I've asked. And he told her that he had approached Keith and he had approached other people and he was desperate. And so my mother said call your sister, me, Daniela.
And so, for the first time in seven years, and I remember because I was in my office and my mom was talking to my brother like almost right next to me and they hang up, my phone rings and it's my brother. And we said hi very briefly as if we never stopped talking and I said, Listen, there's no time so I'm just going to tell you everything that happened. And in about 30, 40 minutes, I just gave him -- I said, I'm sorry, this is all very strong stuff but here it is. And I just told him beginning to end what had really happened, that I had a relationship with Keith, I had a fallout, the isolation, what actually had happened in the room, all of it.
And he was in shock. And he says, listen, I, I'm not saying that I don't believe you, but do you have any proof of all of this that you're telling me? And so that night, I forwarded him some of the e-mails between Keith and me that had taken place in the years prior and that's all it took. And in that conversation, I said, Listen, this is not about me. You and I are fine. You don't need to apologize. I don't blame you for anything. We need to get Cami out.
MS. PENZA: Your Honor, may I approach the witness?
THE COURT: Yes, you may.
MS. PENZA: Daniela, I'm showing what you are marked for identification purposes as Government Exhibits 1570, 1571, 1572, 1577, 1610 and 1614.
Can you just take a look at those?
(Pause.)
MS. PENZA: Daniela, are these copies of e-mails that you forwarded to your brother Adrian in the conversation that we're discussing or after the conversation we just discussed?
MS. PENZA: Your Honor, the government moves Government Exhibits 1570, 1571, 1572, 1577, 1610 and 1614 into evidence.
MR. AGNIFILO: One second, Judge.
THE COURT: Sure.
(Pause.)
MR. AGNIFILO: No objection.
THE COURT: All right. Government Exhibits 1570, 1571, 1572, 1577, 1610 and 1614 are received in evidence.
MS. PENZA: Thank you, Your Honor.
(So marked.)
MS. PENZA: Daniela, I'm showing you what's in evidence as Government Exhibits, Government Exhibits 1614, 1572, 1571 and 1610.
Are these all e-mails you sent to your brother Adrian on October 19, 2017?
MS. PENZA: And some of these e-mails are e-mails that we looked at yesterday?
MS. PENZA: This is the one we had looked at that he responded to with the brackets?
MS. PENZA: The defendant responded to?
MS. PENZA: And then just looking quickly at Government Exhibit 1570 and 1577, those are e-mails you're sending Adrian on October 23, 2017?
MS. PENZA: And they're just forwards again of the e-mails that we looked at yesterday?
MS. PENZA: So what happened after this conversation with your brother?
DANIELA: He didn't hesitate, which was something I had been afraid of, that if I ever told anybody they wouldn't believe me. My brother did, which was a great relief.
And so quickly after, we arranged for my brother to be the one who would drive Cami and I hired, I hired a person, a lawyer. Obviously, there were a lot of concerns because she had been out of status for a long time. I didn't want her to be deported or in jail or in any way at risk. So my brother was also struggling with money quite a bit at the time and so I wired him a certain amount so that they would have -- they could drive from Clifton Park all the way to Austin, Texas. And there I arranged for my brother to hand her off to a trusted counsel that I have so that she could be brought over the border safely without being stopped or being in any kind of risk.
MS. PENZA: And did that happen? Was she brought over the border?
MS. PENZA: And did you meet her?
MS. PENZA: What was that like?
DANIELA: It was strange. It was as if time had not passed. It was very emotional. I was so happy to see her. I was relieved. And she looked very skinny, she looked frail, but I was happy to hold her. I was very happy to hold her.
MS. PENZA: What happened next?
DANIELA: I took her to the city where I live which is further down south and she was with -- and I took her to the doctor. And, you know, just for the first, for the first week, it was, you know, we, we had -- she had gotten rid of her phone and left it behind, left it behind. We had gotten a burner phone, they call it, but really it's just a disposable phone, and throughout the way, she had started using it, like, on the way from Clifton Park to the border. So she he started using it.
She kept checking in with people at NXIVM and they kept trying to convince her not to leave for all these series of reasons, Oh, that Brandon Porter was going to go to jail because of you, oh, bad things are going to happen to Keith because of you, oh, you are going to throw away the opportunity to take advantage of DACA, all of these reasons. At some point midway, she actually wanted to stop and I remember I had to talk to her for about two hours and I said, Listen, baby, I'm not here to control you, I'm here to do whatever it is you want to do, so if you want to head back, Fluffy is going to turn around right now and take you back. But she decided to keep going.
After she was in Merida, she was, like, desperate to get a phone and there was a big fuss about this and then there were messages that were being received. I think we got her like a SIM card and she was able to connect with people and she was being asked to check in.
At some point, there was this woman called Rosa Laura that was checking on her all the time and I remember my brother contacting my mother saying, Rosa Laura keeps calling me telling me that Cami needs to give the code. What code? That she's safe. They came up with a code that she's safe? What? She's with family. And I remember our conversation about they thought we were going to do an intervention on her and we were going to help -- we were going to hold her captive. And there was this huge, to me, it felt like harassment, Cami needed to do this, Cami needed to do that, but I promised her I wasn't going to control her.
So she had her phone and she had her communication. And at one point the first week, she broke down and she started screaming at me. And I remember we were in my car and she was in the back and she said, You don't want me to, ba-ba-ba, you want to control me like everybody else, you treat me like I'm an idiot. And she, like, went crazy. And I remember going, Whoa, whoa, Cami, I'll take you to the bus station, I'll give you any amount of money you want right now, you can do whatever you want, I'm not here to control you, I'm not here to tell you what to do. And so she was crying and she was screaming. Like, it was very dramatic. She was -- something was going on. And but I didn't want to push her.
So I remember, we were driving. We stopped by the drugstore to get something and she was crying hysterically. So I got out of the car and I hugged her, and I, like, got her out and I hugged her. And she was so mad at me and she hugged me so hard. Don't let go. Please don't ever let go. Don't leave me alone again. So she wasn't -- she wasn't well, like, she wasn't well but I was there to take care of her.
So she was in my home sleeping with me in my bed for that first couple of weeks and then she was getting better, I think. I took her to the doctor. She was okay. I, you know, was, like, trying to feed her proper food. And then she told me my father wanted to visit her and my father was going to come and, like, visit her where we were at in the city where I live. But, of course, my father doesn't talk to me so he was just going to visit her so he wasn't going to come home. They were going to meet and my father had asked her to book a room and they booked a room and they were just going to spend some time together, like a day or two.
MS. PENZA: And are you present while Cami is making these arrangements for the room and other things?
DANIELA: With my dad? Yes, so much so, that I knew which hotel they were going to stay at. My dad wanted to stay at a very nice hotel. So I helped her choose the hotel. She chose the hotel and I went to drop her off at the airport where they were going to meet and they were just going to spend a couple of days together. Beautiful city, so that made sense.
MS. PENZA: Daniela, at that point in time, was your understanding that your father was still loyal to the defendant?
MS. PENZA: Did that leave any concerns with you about having Camila go with him?
DANIELA: I mean, at that point, I thought he was just visiting so it wasn't, it was not a concern. I thought, no, she's back in Mexico and he wants to see her.
MS. PENZA: At that point in time, do you know where the defendant was living?
MS. PENZA: Okay.
DANIELA: So my father -- was it -- yes. My father came and visited. And I remember the first day, I even remember Cami, like, talking to me before meeting him and saying, you know, you know, My dad really doesn't get that, basically that you're good and you're not bad, so I'm going to talk to him, you know, maybe he can understand. It was, it was nice. It was friendly.
So, the first day, you know, I text her. How's it going? Good. We went and visited this and that. There was a bit of exchange. Same the next day. But then I stopped hearing from her. And I'm, like, Okay, Cami where are you? Cami, how's it going? Hey Cami. Hey Cami. And a day goes by and then I was, like, what is going on? And I thought I was being irrational because I was super paranoid, super protective of Cami at the time, but I got really paranoid and she wouldn't answer the phone and she wouldn't answer the phone.
So I called the hotel where they were staying at and they tell me, No, no, they checked in yesterday -- they checked out yesterday. And so I was, I was furious. My dad had taken my sister from right under me. I had just gotten her back and she was gaining some freedom and he just took her right from under me. And nobody would answer the phone. He wouldn't answer the phone. Cami wouldn't answer the phone and, like, a couple of weeks went by and we're all trying to find out. Like, Fluffy's calling my dad's home and talking to the maid there and she says she's not here. I would tell her I love her. She's not here.
We're calling family to see if she's in my hometown. Maybe he took her back to my hometown. Nothing. I don't know where she went. To this day, I don't know where she was because a couple of weeks, she actually made contact and we had made plans. You know, she was going to be with us for, I think it was, at that point, it was for, like, for Thanksgiving or Christmas, for end of year. We had made plans. And she told me, Oh, I just, I had, I had, you know -- I had this stomach flu and so my dad decide, you know, he was going to take care of me, he took me with him. I said? That makes no sense. You got the stomach flu. You don't want to be on the plane. You don't want to be away. I said: Where are you? She said she was in my hometown, in my childhood home, but everybody else said she wasn't there.
So, basically, she made it back to Merida and she was very little. She was wearing sunglasses. She was even skinnier. She had, like, this big, like, infection in her eyes. I, I know I was very paranoid at the time and, again, all of this made me completely -- I thought maybe she could have been poisoned or could have had something, like, really serious because she looked -- I took her to the doctor immediately and she had all sorts of infections and it had been just a couple of weeks. Like, you know, it wasn't a very long span of time and to this day, I don't know where my dad took her.
She spent a little bit, like, a few more weeks with us with, with me, and but she already talked to some people because she had some plans. Oh, the Rainbow Center in Guadalajara offered her a job and was going to pay me $10,000.
MS. PENZA: 10,000 U.S.?
(Continued on next page.)
DIRECT EXAMINATION (Continuing) BY MS. PENZA:
MS. PENZA: Did you get concerned when you heard that it was $10,000 U.S.?
MS. PENZA: Why?
DANIELA: Because it's absurd. It's an absurd amount, even for what she was getting paid when she was in the U.S. To me, it was just bait for her not to -- her not to have her freedom basically.
And sure enough -- you know, and there were people calling, this man called Jack Levy kept calling my brother and telling him how bad it was that Cami wasn't there, and then this Jack Levy was the one involved in this job offer, that he was the one who arranged for her to have a chauffeur all the way from the south.
MR. AGNIFILO: Your Honor, it is all hearsay.
Objection.
THE COURT: Yes. Yeah, that is sustained on this discussion about this individual. Let's just move on to the next question.
MS. PENZA: So at that point in time -- but you have concerns about this job offer?
MS. PENZA: Does Cami leave?
MS. PENZA: And did you understand her to be going to Guadalajara?
MS. PENZA: How did she get there?
DANIELA: She got there, I understand -- she told me that she got to Cancún by bus and then a chauffeur drove her all the way from Cancún to Guadalajara. That's what she told me.
MS. PENZA: Did you -- after that, when did you speak to your sister Camilla next?
DANIELA: After that, the communication was really erratic. It was a while after I spoke to her next and not as fluid.
MS. PENZA: At some point did you visit your sister Camilla in Guadalajara?
MS. PENZA: Can you describe what that was like?
DANIELA: Yes. I went to an industry show there and I visited her and she didn't talk a lot about what she was doing in Rainbow, though she told me she was still working there. But she was struggling with money still, clearly, so I asked her point blank if she had gotten paid and she just like went around the subject.
MS. PENZA: Did you continue to be concerned about Camilla then?
MS. PENZA: At some point, did your communication with Camilla pick up again?
MS. PENZA: When was that?
DANIELA: Well, it was recently again -- I mean, we have been in communication throughout. I mean, one of the things that I received her with was her birth certificate. I had already gotten her her birth certificate, so what I was trying to do is get her ID, get her health insurance, just get her set up so she could do something. And, so, I mean, maybe a few months ago, I -- and throughout, I know -- I learned she got her ID and I think she even got a passport, and she still was working at Rainbow, but she had no money. So she's -- like no money, like I could see -- like I visited again and she had no money and I learned that, you know, she -- like at some point I asked her, you know, what she had needed or something, and she said oh, that's not a luxury I can afford now. Okay, so we're back to square one.
MS. PENZA: Did you take any steps at that point?
DANIELA: Yeah. Yeah. Similar steps. Also, she had been promised that they were going to help her get into school, because she really wanted to go to school, and the semester went by, a year went by. That was part of the plan of her going to Guadalajara is she was going to be able to work there, at this awesome salary, and through contact they were going to get her in school. Did not happen.
So I kept asking her about that, just following up, making sure that she could get to school. And I did take steps about, again, money, making sure she has money, making sure she has what she needs and pushing for her to go to school.
MS. PENZA: At some point did -- at some point the defendant was arrested?
MS. PENZA: Did that have any impact on the change in communication with you and Camilla?
MS. PENZA: And then it picked back up again more recently?
MS. PENZA: When is the last time you spoke to Camilla?
MS. PENZA: And have you -- is she still working for Rainbow?
MS. PENZA: Do you have -- have you spoken to her about any plans for her future? Have you been helping arrange anything?
DANIELA: Yes. The plan is for her to travel for a bit and then go to school and do -- study what she wants.
MS. PENZA: And how is -- what is her lifestyle like right now?
DANIELA: I think she's a bit secluded because of everything that's going on. I know that the media has been reporting quite a bit about it and that's heavy on all of our lives. But, you know, she has friends. She has some friends. I don't know how many friends, but she has friends. She changed her look. She has, I would say, a more normal life.
MS. PENZA: When you say she changed her look, what did she do?
MS. PENZA: And she has been in communication with you the past few days?
MS. PENZA: Has she told you that she loves you?
MS. PENZA: No further questions, Your Honor.
THE COURT: Cross-examination.
MR. AGNIFILO: Thank you, Judge.