2.Maegan Rees — Direct/Cross/Redirect (Part 3)
245 linesDIRECT EXAMINATION BY MS. HAJJAR:
MS. HAJJAR: Agent Rees, before we broke for the day yesterday, you spoke -- you testified that as part of the photographs you reviewed as part of the vicibabi@gmail.com account were photographs of a pregnancy test and ultrasound?
MAEGAN REES: That is correct.
MS. HAJJAR: And there is metadata associated with those images?
MAEGAN REES: Yes, there is.
MS. HAJJAR: Now, I want to turn your attention to Government Exhibit 1191, and is this the metadata associated with another two images?
MAEGAN REES: Yes, it is.
MS. HAJJAR: Okay. And the pregnancy test, the ultrasound that you reviewed had metadata from a prior date than the date reflected here?
MAEGAN REES: That's correct.
MS. HAJJAR: Can you read what the creation date is for the images that will follow, the two creation dates here, please?
MAEGAN REES: The first is May 30, 2016. The second is May 31, 2016.
MS. HAJJAR: And can you read the time as well?
MAEGAN REES: Correct. For the first day, May 30, 2016, the time is 1820 PST and for the 31st it is 131 PST.
MS. HAJJAR: Okay. And I'm going to turn to the images for which this data is associated. This is Government Exhibit 1189. Is this one of the images that you reviewed that relates to May 30th date?
MAEGAN REES: That's correct.
MS. HAJJAR: And then turning to the following image, Government Exhibit 1190?
MAEGAN REES: That's correct.
MS. HAJJAR: Agent Rees, can you just describe just for the record what is depicted in Government Exhibit 1190?
MAEGAN REES: In the picture there is a large brown table in the middle of a room. There are two lamps, one on a stepstool. There's a tripod that contains a camera. There are blinds in the background and on the right-hand side what appears to be dark curtains sort. There also appears to be a brown towel on the floor, as well as a floral pattern rug.
MS. HAJJAR: And this is one of the images that were recovered from the vicibabi@gmail.com account?
MAEGAN REES: That's correct.
MS. HAJJAR: At this time I would like to play Government Exhibit 1103 in evidence.
(Video playing.) (Video stopped.)
MS. HAJJAR: If you can go back just a few minutes, Ms. Carby, if you can, pausing right there.
(Video paused.)
MS. HAJJAR: Do you see at the top left-hand corner of this image, Agent Rees? It is a little hard to see but there are blinds at the top left?
MAEGAN REES: Yes.
MS. HAJJAR: It may be difficult to see in this particular frame, but is there a door handle?
MS. HAJJAR: Can you just go back a little bit and play.
(Video playing.) (Video stopped.)
MS. HAJJAR: There is a door handle at the back?
MAEGAN REES: That's correct.
MS. HAJJAR: And blinds?
MAEGAN REES: Yes.
(Video playing.)
MS. HAJJAR: And a table in front of you, in the bottom left-hand corner of the screen?
MAEGAN REES: Yes.
MS. HAJJAR: Now, Agent Rees, is Government Exhibit 1103 part of a series of video clips that you have reviewed?
MAEGAN REES: Yes, it is.
MS. HAJJAR: And did you see resemblances between objects depicted in those series of video clips and Government Exhibit -- what's in Government Exhibit 1190?
MAEGAN REES: Yes.
MS. HAJJAR: Can you describe some of those?
MAEGAN REES: Some of the similarities would be the stepstool, the lamp, the tripod, the table, the blinds, and the curtain.
MS. HAJJAR: I am going to switch to the next slide, which is Government Exhibit 1190. Can you describe what's being depicted, what these stills are?
MAEGAN REES: These stills are screen shots from the other videos.
MS. HAJJAR: So there are stills from 1106-A, 1106-B, and 1106 in evidence?
MAEGAN REES: That's correct.
MS. HAJJAR: And can you describe the significance of these stills as compared to 11:0090 for the jury, please?
MAEGAN REES: The stills appear to be similar or the same items.
MS. HAJJAR: Can you just describe -- so, for example, looking at 1106-A, what are some of the similarities between those two?
MAEGAN REES: The similarities of the lamps, you can see the similarities in the base, in the structure of the lamp, as well as the handle behind the actual light.
MS. HAJJAR: Okay. And as to 1106-B?
MAEGAN REES: You can see similarities in the tripod, both in coloring. There is a gray top part, as well a unique gray handle on the left-hand side.
MS. HAJJAR: 1106-B is a still from the video that was -- a video that you reviewed?
MAEGAN REES: That's correct.
MS. HAJJAR: There was no camera there on top of the tripod; is that right?
MAEGAN REES: That's correct.
MS. HAJJAR: And 1106, the still that's on the right side of this slide, was that in a closet?
MAEGAN REES: Yes, it was.
MS. HAJJAR: As well as the stepstool at the left-hand corner of the screen?
MAEGAN REES: That's correct.
MS. HAJJAR: Now, turning to the next slide, which has 1190 and then stills from the video that we reviewed, 1106, stills from 1106, can you describe what significance, if any, you see between those two, the stills here in this slide?
MAEGAN REES: The similarities in the blinds, as well as the dark curtain.
MS. HAJJAR: And, so, can you -- just indicating, I guess, where -- do you see the handle, the door handle in 1106 at the top?
MAEGAN REES: Yes, I do.
MS. HAJJAR: And that's to the right most of the blinds in 1190?
MAEGAN REES: That's correct.
MS. HAJJAR: Now, in relation to the dining table that we just saw in 1106, where was that table? Looking at the blinds, where was that table located? Was it to the right or to the left?
MAEGAN REES: I'm sorry, can you ask the question again.
MS. HAJJAR: Yes. The dining table that we saw in the video clip --
MAEGAN REES: Correct.
MS. HAJJAR: -- looking at the blinds and the door handle here in 1106, where was the table?
MAEGAN REES: It would have been to the right.
MS. HAJJAR: May we switch to the ELMO, please, Your Honor.
MS. HAJJAR: Agent Rees, I am going to show you what's in evidence as Government Exhibit 548. Have you reviewed this exhibit?
MAEGAN REES: I have.
MS. HAJJAR: Is it medical records associated with Camilla?
MAEGAN REES: It is.
MS. HAJJAR: Okay. Can you read at the top? It says, "Patient Camilla" here?
MAEGAN REES: Yes.
MS. HAJJAR: And DOB?
MAEGAN REES: March 1, 1990.
MS. HAJJAR: And can you read what's listed under examination and clinical history, please?
MAEGAN REES: "Examination: CT abdomen with contrast. Clinical history: Patient with fever and sharp abdominal pain. Recent appendix surgery on January 9, 2007, where a non-perforated gangrenous appendix was found."
MS. HAJJAR: And here about post surgical changes, can you read this and the following paragraph?
MAEGAN REES: There are postsurgical changes in the right lower anterior abdominal wall with a 1.5 centimeter defect of the subcutaneous adipose tissues.
My apologize. I'm not a medical examiner.
MS. HAJJAR: That's fine. There is a well-defined fluid collection predominantly posterior and adjacent to the cecum with rim enhancement. That's the bottom?
MAEGAN REES: That's correct.
MS. HAJJAR: This is on page 2 of Government Exhibit 548. And then just turning to page 5 of the same exhibit, assessment and plan. Can you just read the first few sentences?
MAEGAN REES: Successful drainage of intraabdominal abscess. Catheter no longer functional and minimal residue, so drain removed at eight days. Possibility of reaccumulation d/w pt and her mother. The wound is healing in nicely and packing can soon be abandoned in favor of just cleaning it out with a Q-tip to keep the edges apart. They certainly know what to look for, so I agreed to allow her f/u, follow up, to be on an as-needed basis.
MS. HAJJAR: Thank you, Agent Rees.
I'd like to show you one of the images that's in evidence as 530-R.
Agent Rees, is this image one of the images that was recovered from the vicibabi@gmail.com account?
MAEGAN REES: Yes, it is.
MS. HAJJAR: Okay. It's difficult to see on this photograph, but can you describe -- are there two significant things you notice about this photograph?
MAEGAN REES: Yes.
MS. HAJJAR: Can you explain them to the jury, please?
MAEGAN REES: At looking at the image on the left side of the lower abdomen there is an appendectomy scar.
MS. HAJJAR: Can you indicate that on the screen?
THE COURT: You can circle it right on the screen. Use your finger.
MS. HAJJAR: Is that working, Agent Rees?
No, it's not working. Is it around this area?
MAEGAN REES: Yes.
MS. HAJJAR: Is it difficult to see on this particular copy of this exhibit?
MAEGAN REES: Yes.
MS. HAJJAR: Your Honor, I am going to ask that I be able to provide a copy of the photograph to the jury in glossy form. It is only one copy of it. But I would ask that I show it to the jury.
THE COURT: You said unredacted?
MS. HAJJAR: It is.
The two items that Agent Rees is describing is much more clearly able to be seen in this photograph.
(Sidebar held outside the hearing of the jury.)
(The following occurred at sidebar.)
(Sidebar ends.)
(End of sealed portion.)
(Continued on the following page.)
BY MS. HAJJAR:
MS. HAJJAR: Agent Rees, is there another area of significance that you noticed in this photograph, 530?
MAEGAN REES: Yes, in looking at the photo, on the top of the right leg there appears to be scarring.
MS. HAJJAR: Can you indicate -- is it around this area?
MAEGAN REES: That's correct.
MS. HAJJAR: Okay.
THE COURT: Actually, that's the left leg.
MAEGAN REES: I'm sorry. But when looking at it. So, yes, on --
THE COURT: When looking at it, on the right?
MAEGAN REES: On the right-hand side of the body.
THE COURT: But on the left leg?
MAEGAN REES: On the left leg. Sorry for the confusion. On the left leg, but when looking at the image from the right side of the body.
MS. HAJJAR: And, so, two types of scarring, the scar over here?
MAEGAN REES: Correct.
MS. HAJJAR: And the scarring over here?
MAEGAN REES: Correct.
MS. HAJJAR: Is there anything significant about the scarring on this side?
MAEGAN REES: The shape is significant.
MS. HAJJAR: What do you mean?
MAEGAN REES: It's unique in shape in that it does not appear to -- the scar on the abdomen looks -- appears to be more of a slice. You can extrapolate that it would be a surgical scar. The scar at the top of the leg has a unique pattern.
MS. HAJJAR: In other words, not the surgical slice?
MAEGAN REES: Correct.
MS. HAJJAR: At this time, Your Honor, I'm going to ask if I can pass around that photograph to the jury just so they can take a look at those areas that Agent Rees described.
THE COURT: Go ahead.
All right. You can retrieve it.
MS. HAJJAR: Agent Rees, I'd like to show you what's in evidence as Government Exhibit 1789. Is this an e-mail from the vicibabi@gmail.com account?
MAEGAN REES: It is.
MS. HAJJAR: And who is it from?
MAEGAN REES: It's from Cami.
MS. HAJJAR: And who is it to?
MAEGAN REES: Keith Raniere at Yahoo.com.
MS. HAJJAR: What is the date?
MAEGAN REES: November 4, 2016.
MS. HAJJAR: What is the subject line?
MAEGAN REES: Bullet points.
MS. HAJJAR: Can you read the text of the e-mail, please?
MAEGAN REES: Winter of 2013, early 2014, Sam met Sasha Akira three years ago at a seminar she attended. She had been doing that for question mark years and was well-known in that underground community.
R arrived late May 2014. I was tasked to find someone repulsive and seduce them prior to his arrival. He was picked because he was the most repulsive person I could find and he became the subject of my mission.
Sasha became Sam's master that summer and was one of several.
I successfully seduced him on three separate occasions but wanted to quit after just the first because of how gross he was. I tried negotiating with my master but was sent back.
Things were broken off with R mid June because he was just too repulsive and, off-putting. I had never met anyone who was so self-centered and view and treated women the way he did. I aborted my mission and took all the consequences from my master for disobeying and not completing my task.
Letting him think it was his idea to break things off was his idea was part of my task because I was to learn to take humiliation even from the worst people. That was why I didn't talk back even when he would say the stupidest nonsense about me wanting to have his children. It could not have been farther from the truth, but I couldn't say anything back.
A couple of months later, in November, under orders to complete the previous task, I started slowly trying to seduce him by taking part in a training he was in. I had to play stupid and submissive because that is what he was into, which I found disgusting, but that's what needed to be done.
In December of 2014, in two separate occasions, I made him believe I was going out of my way to see him and keeping it from other people. All along I was being directed by master.
Christmas 2014, I convinced his sister into inviting me to their Christmas. I knew he would be there. I used it to get closer to my target.
By February, my master was getting inpatient, so I introduced texts.
MS. HAJJAR: Agent Rees, you testified at length yesterday about R and Robbie. There are references to R as well in this e-mail?
MAEGAN REES: That's correct.
MS. HAJJAR: R arrived late May 2014 and this entire text is about R?
MAEGAN REES: I believe so, yes.
MS. HAJJAR: No further questions, Your Honor.
(Continued on the following page.)
(Continuing.)
THE COURT: Cross-examination.
CROSS-EXAMINATION BY MR. AGNIFILO:
MR. AGNIFILO: Good morning, Special Agent Rees.
MAEGAN REES: Good morning, sir.
MR. AGNIFILO: My name is Marc Agnifilo. I represent Keith Raniere. I only have a couple of questions for you.
MAEGAN REES: Yes, sir.
MR. AGNIFILO: At the beginning of your testimony yesterday, you said -- you described WhatsApp to us, right?
MAEGAN REES: That's correct.
MR. AGNIFILO: Okay. And WhatsApp is a way of two people communicating through this WhatsApp application, correct?
MAEGAN REES: Two or more.
MR. AGNIFILO: Two or more?
MAEGAN REES: Yes.
MR. AGNIFILO: And is it fair to say that WhatsApp has encryption qualities to it?
MAEGAN REES: That's correct.
MR. AGNIFILO: Okay. And are you familiar with what those are generally?
MAEGAN REES: Generally speaking, yes.
MR. AGNIFILO: Okay. Just tell the jury very briefly what your general knowledge is of those?
MAEGAN REES: My general understanding is WhatsApp differs from regular SMS messaging which, without encryption, can be monitored. In encryption it means that the chat, itself, is protected so that outside apps or technology may not be able to monitor the communications.
MR. AGNIFILO: Okay. And I think in the beginning of your testimony you described how someone can export a WhatsApp chat to another location, correct?
MAEGAN REES: That's correct.
MR. AGNIFILO: All right. And a lot of the materials you reviewed with Ms. Hajjar had to do with these WhatsApp chats that were sent to an e-mail, correct?
MAEGAN REES: Yes, that's correct.
MR. AGNIFILO: All right. So once the WhatsApp chat is exported to an e-mail, it's no longer encrypted, correct?
MAEGAN REES: That's correct.
MR. AGNIFILO: Okay. So, the WhatsApp chat is basically just an attachment that is sent out of the WhatsApp system and sent to an e-mail, correct?
MAEGAN REES: That's correct.
MR. AGNIFILO: All right. And once it's in the e-mail, it's just another attachment that anyone can look at, correct?
MAEGAN REES: Correct.
MR. AGNIFILO: And it loses the encrypted qualities of the WhatsApp application?
MAEGAN REES: Correct.
MR. AGNIFILO: All right. And, in this case, it went from the WhatsApp on a phone to a computer, correct?
MAEGAN REES: It went to an e-mail account.
MR. AGNIFILO: Right, an e-mail account, and I think what you said on direct examination was that a search warrant was conducted and the contents of this e-mail account were found, correct?
MAEGAN REES: That's correct.
MR. AGNIFILO: So fair to say that Keith Raniere didn't intend to keep these WhatsApp chats only in WhatsApp, correct?
MS. HAJJAR: Objection.
THE COURT: Sustained.
BY MR. AGNIFILO:
MR. AGNIFILO: Let me ask you a different question.
Keith Raniere exported the WhatsApp chats to another location?
MS. HAJJAR: Objection.
THE COURT: You may answer that.
MAEGAN REES: The WhatsApp chats that we reviewed were from the vicibaby@gmail.com.
MR. AGNIFILO: So it would have been the vicibaby -- so that would have been the source of the exporting, is that my understanding?
MAEGAN REES: That's correct.
MR. AGNIFILO: Okay. And it went to what e-mail address, do you know?
MAEGAN REES: Vicibaby@gmail.com.
MR. AGNIFILO: Okay. So it went from WhatsApp -- I'm sorry. Let me -- it went from the WhatsApp system to -- to the vicibaby e-mail?
MAEGAN REES: Correct.
MR. AGNIFILO: Okay. And it was found there?
MAEGAN REES: Correct.
MR. AGNIFILO: Just give me one second.
(Pause. )
BY MR. AGNIFILO:
MR. AGNIFILO: As part of your investigation, did you check to see if vicibaby e-mails were sent to Keith Raniere e-mail addresses?
MAEGAN REES: If e-mails were sent from vicibaby to Keith Raniere, that would have been included in the search warrant return, yes.
MR. AGNIFILO: Right. Okay. So, um -- so many of these e-mails were sent to Keith Raniere-related addresses, correct?
MAEGAN REES: That's correct.
MR. AGNIFILO: And they would have been on -- in Keith Raniere's e-mail --
MS. HAJJAR: Objection.
THE COURT: You can finish your question.
MR. AGNIFILO: Thank you.
MR. AGNIFILO: And many of them were recovered from Keith Raniere's e-mail address, correct?
MAEGAN REES: I'm not aware. I don't know.
MR. AGNIFILO: Okay. You didn't do the search?
MAEGAN REES: That's correct.
MR. AGNIFILO: But as a matter of encryption, once it's in an e-mail system, whether it be a vicibaby e-mail address or the Keith Raniere e-mail address, they're no longer encrypted in either event?
MAEGAN REES: That -- that's correct, but it's actually the communications exchange that's encrypted, not the app itself. If that makes sense.
MR. AGNIFILO: Yes.
MAEGAN REES: So, correct, once a communication is outside the app, encryption is no longer -- it no longer exists.
MR. AGNIFILO: Right, there's no more encryption. So if it's on -- if it's in an e-mail, it's just -- and it's found, it can be reviewed and shown in court, correct?
MAEGAN REES: That's correct.
MR. AGNIFILO: I have nothing else, Judge.
THE COURT: Anything further?
MS. HAJJAR: Just one question, Your Honor.
THE COURT: Okay.
REDIRECT EXAMINATION BY MS. HAJJAR:
MS. HAJJAR: Agent Rees, the WhatsApp messages that we reviewed yesterday, those were all from the vicibaby@gmail.com account?
MAEGAN REES: Yes, I believe so.
MS. HAJJAR: Yet, you have also reviewed separate WhatsApp messages between Camila and Keith Raniere?
MAEGAN REES: That's correct.
MS. HAJJAR: And which account did those come from, the KeithRaniere@yahoo.com account that you reviewed?
MAEGAN REES: Correct.
MS. HAJJAR: So you reviewed similar chats located in two addresses, KeithRaniere@yahoo.com and vicibaby@gmail.com?
MAEGAN REES: That's correct.
MS. HAJJAR: Thank you, Your Honor.
THE COURT: Anything else?
MR. AGNIFILO: Nothing, Judge.
THE COURT: All right, the witness is excused. You may stand down.
MAEGAN REES: Thank you, Your Honor.
THE COURT: You're welcome.
(Witness steps down and exits the courtroom.)
THE COURT: All right, members of the jury, first of all, thank you for your consideration of certain logistical and scheduling changes that we might use for the rest of the trial.
I understand that the idea of going beyond five o'clock would create some substantial problems for some members of the jury, so that idea has been -- the parties have agreed that that idea will not go forward. But the jury has indicated that we might start at nine o'clock in the morning and we might take half an hour for lunch.
With regard to lunch, for logistical reasons it's hard to do less than 45 minutes for lunch, so we will have a 45-minute lunch break in the middle of the day.
With regard to the 9:00 a.m. start, there is some logistical issues that we need to work through before we can decide exactly what time we will attempt to start. We don't want to say one thing and then find out that it is not going to work, so we will get back to you on that.
And as to how long the trial will continue, we understand that some jurors have vacation plans and we have the dates. And what we are going to do, by the beginning of next week, we will have a better idea of how long testimony is likely to last, but it will certainly last through the end of the week and we will let you know sometime early in the week what our thoughts are about how long the trial will last, understanding some of the deadlines that some of you have regarding your vacation plans.
So, we are dealing with all of that and we appreciate your cooperation and your attention throughout the trial, and so I just wanted to fill you in on where we are at the moment.
So, that having been said, the Government may call its next witness.