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2019 Federal Trialtrial-daytrial-dayTanya HajjarMark LeskoMoira Kim PenzaMarc AgnifiloTeny Rose GeragosElizabeth A. ButlerDanielaSheila JelonekJames LoperfidocrossredirectsidebardirectDay 16 - May 31, 2019Daniela finished testifying, defending her account of isolation and denying government promises. Butler addressed medical records and Cafritz’s screening complaint under a limiting instruction. Jelonek described an apartment rental and cash payments, while Loperfido testified about NXIVM accounting work, a key logger and pressure concerning another client.
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Day 16 - May 31, 2019

Daniela’s Testimony Concludes; Medical Records and Accounting Testimony

Judge Nicholas G. Garaufis
9Proceedings
6Pages
4Witnesses
3,249Lines
3Sidebars
Day 16 of 29
Appearing:

Daniela finished testifying, defending her account of isolation and denying government promises. Butler addressed medical records and Cafritz’s screening complaint under a limiting instruction. Jelonek described an apartment rental and cash payments, while Loperfido testified about NXIVM accounting work, a key logger and pressure concerning another client.

Full day summary

Daniela completed cross-examination about computer intrusions, alleged theft, her isolation and correspondence with Keith Raniere. She acknowledged that she was not locked in the room but described lacking money and papers and facing threats of return to Mexico and loss of contact with everyone she knew. She attributed affectionate letters and admissions of fault to coaching, dependency and efforts to regain her life. She acknowledged computer intrusions and other unlawful conduct, while qualifying her knowledge of Raniere’s personal access to accounts. On redirect, she said her cooperation was voluntary and denied receiving government promises. The court then excused her. Following hearsay arguments, the court admitted Camila’s and Daniela’s medical records over defense objection. Retired nurse practitioner Elizabeth A. Butler explained abortion-care protocols and interpreted a notation recording five years of sexual activity with the same partner. On cross-examination, she acknowledged that another practitioner made that notation and asked the underlying questions. Butler also described Pam Cafritz’s complaint about abuse-screening questions, but was unsure which patient the call concerned. Jurors were instructed to consider the conversation only as evidence of the charged enterprise’s means and methods, not for the truth of its statements. Cross-examination addressed records documenting negative screening responses and a wish to terminate the pregnancy before the call. Landlord Sheila Jelonek described renting an apartment to a woman identifying herself as Kathleen O’Sullivan, whose identity she did not verify. She recounted annual cash rent payments and identified leases, apartment videos and photographs admitted without objection. The defense declined cross-examination. Accountant James Loperfido described Raniere’s decision-making role, unpaid-tax matters he handled, and pressure from Nancy Salzman and Kathy Russell to disclose information about client Joseph O’Hara and end that relationship. The court struck his broader tax-payment answer for lack of personal-knowledge foundation. Loperfido said he learned much later of a key logger on his laptop but had neither authorized nor witnessed its installation. His cross-examination was deferred until Wednesday.

2. Daniela — Cross/Redirect (Recall, Part 3)

Daniela’s cross-examination ended after challenges to her account of isolation, conduct and correspondence. On redirect, she affirmed that her cooperation was voluntary and denied government promises. The court then excused her.

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Cross
Daniela — Cross Daniela Marc Agnifilo
1789 lines

Daniela faced extended challenges over isolation, hacking, letters and FBI statements. She maintained that coercion and dependency explained her conduct; the court excluded one email chain.

1 sidebar inside this proceeding
  1. Admissibility of Email About Kristin KeeffeCounsel disputed whether an email could establish a 2015 exchange involving Raniere without proving its statements true, with the prosecution raising hearsay and Rule 403 objections.
Redirect
Daniela — Redirect Daniela Moira Kim Penza
25 lines

Daniela said she cooperated voluntarily, received no government promises, and sought justice for herself and her family. Her testimony concluded.

Highlights

4. Elizabeth A. Butler — Direct/Cross

Elizabeth A. Butler explained abortion-care records and screening practices, then faced cross-examination about Camila’s recorded responses and the limits of Butler’s firsthand knowledge. The court restricted how jurors could consider Pam Cafritz’s complaint about screening.

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Direct
Elizabeth A. Butler — Direct Elizabeth A. Butler Moira Kim Penza
444 lines

Butler explained Camila's and Daniela's admitted medical records and recounted Cafritz's complaint about abuse screening, subject to a limiting instruction and uncertainty about the patient's identity.

1 sidebar inside this proceeding
  1. Sidebar With No Transcribed DialogueThe reporter noted that a sidebar was held but transcribed no dialogue.
Cross
Elizabeth A. Butler — Cross Elizabeth A. Butler Teny Rose Geragos
86 lines

Butler confirmed medical-record entries about screening and pregnancy decisions, acknowledged limits on her firsthand knowledge of a sexual-history notation, and read Daniela’s recorded history.

Highlights

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