Skip to content
NXIVM— Case Archive
2019 Federal Trialtrial-daytrial-dayMark LeskoMoira Kim PenzaMarc AgnifiloSylvieMark Vicentejury_instructionsdirectcrossredirectrecrossDay 2 - May 8, 2019The court denied a mistrial over protected names and instructed jurors against drawing inferences from withheld surnames. Sylvie completed testimony about DOS, collateral, and her communications with Raniere under defense questioning. Mark Vicente began describing NXIVM's recruitment, organization, and teachings.
← Day 12019 Federal TrialDay 3 →

Day 2 - May 8, 2019

Protected Names, Sylvie's Testimony, and Mark Vicente's NXIVM Account

Judge Nicholas G. Garaufis
11Proceedings
6Pages
2Witnesses
2,663Lines
8Sidebars
Day 2 of 29
Appearing:
Mark Lesko Moira Kim Penza Marc Agnifilo Sylvie Mark Vicente

The court denied a mistrial over protected names and instructed jurors against drawing inferences from withheld surnames. Sylvie completed testimony about DOS, collateral, and her communications with Raniere under defense questioning. Mark Vicente began describing NXIVM's recruitment, organization, and teachings.

Full day summary

The court denied a defense mistrial request over selective first-name protection for alleged victims. Outside the jury's presence, the defense argued that the procedure could imply acceptance of the government's sex-trafficking theory. The court ordered protected-name lists for witnesses and the defense, then instructed jurors that withheld last names permitted no inference about guilt or non-guilt and reiterated the presumption of innocence. Sylvie completed her testimony. She described an unwanted oral-sex encounter with Keith Raniere and said she complied because she understood Monica's assignment as a command backed by possible release of collateral. She also described recruiting Samantha and Regina under Monica's direction, collecting collateral, and withholding Raniere's involvement from Samantha. During Jness video playback, she said teachings about women and victimization had made her distrust her judgment. On cross-examination, Marc Agnifilo questioned Sylvie about earlier praise of Jness, Clare's financial support, and affectionate messages to Raniere. Messages and photographs raised uncertainty about her remembered chronology. Sylvie acknowledged choosing to remain in NXIVM but said it did not always feel like her decision. She agreed that Raniere allowed her to stop sending photographs, that neither he nor Monica directly threatened to release her own collateral, and that it was never released. She maintained that she understood disobedience could trigger release. On redirect and recross, she acknowledged deleting messages despite Raniere's instruction not to, while saying she did not know whether he retained or deleted his. Mark Vicente began direct testimony about his recruitment, NXIVM's organization, program fees, and training practices. He described teachings assigning responsibility for emotional reactions to the individual and emphasizing tribute to higher-ranking members and the founders. He identified Nancy Salzman's educational role and described Raniere's role in curriculum development as his understanding and impression.

1. Protected-Name Procedure and Denial of Mistrial

The court denied a mistrial request over selective first-name protections and ordered protected-name lists. The defense objected to a proposed jury instruction explaining the protections.

→
Procedural
Protected-Name Procedure and Denial of Mistrial
85 lines

The court denied a mistrial over protected-name procedures, ordered witness lists and an explanatory jury instruction, and noted the defense's objection.

Highlights

Protected-Name Procedure and Denial of MistrialrulingThe court denied the defense's mistrial request, found that a jury instruction could cure the naming issues, and ordered protected-name lists supplied to the defense and each witness.

2. Jury Instruction on Protected Names and Presumption of Innocence

The court explained privacy protections for certain alleged victims’ names and instructed jurors not to infer guilt or non-guilt from withheld last names.

→
Jury Instruction
Jury Instruction on Protected Names and Presumption of Innocence
8 lines

The court explained protected-name procedures and told jurors not to infer guilt or non-guilt from withheld last names.

3. Sylvie — Direct (Part 3)

Sylvie concludes direct examination with testimony about DOS assignments, collateral, an unwanted sexual encounter with Keith, and leaving for England. The court addresses evidentiary objections and disputed materials.

→
Direct
Sylvie — Direct Sylvie Moira Kim Penza
597 lines

Sylvie linked an unwanted sexual encounter and DOS obedience to fear of collateral release, described recruiting women, and discussed Jness teachings during video playback.

2 sidebars inside this proceeding
  1. Monica Duran’s Statements About Releasing CollateralCounsel disputed whether Monica Duran’s statements about releasing Ana Gaby’s collateral furthered the alleged conspiracy, with the government also arguing relevance to state of mind.
  2. Sexual-Response Questions and Use of WhatsApp MaterialsCounsel debated whether sexual-response questioning implied consent and disputed the use and disclosure of WhatsApp records and nude photographs on cross-examination.
sidebar
Disclosure of Messages for Witness Questioning
13 lines

Counsel discussed identifying and disclosing messages for witness questioning, with the defense proposing to delay text-message questions until after lunch to allow review.

Procedural
Cross-Examination Transition and Laptop Setup
10 lines

Highlights

Sylvie — Directtestimony highlightSylvie described Keith performing oral sex on her and testified that she did not want to participate but understood compliance as a command backed by possible release of collateral.Sylvie — Direct“Because I thought that that was what I was tasked to do was to go there, ask him to take my picture, and do whatever happened after that, go along with whatever happened. I understood that that was a command from my master and that that was part of my role as a slave in order to do what I was supposed to without getting into trouble.”— SylvieExplains why Sylvie said she complied with an encounter she did not want.

4. Sylvie — Cross (Part 4)

Marc Agnifilo questioned Sylvie about positive statements, financial support, and affectionate messages to Keith. She acknowledged those exchanges while maintaining that she felt obligated to comply with expectations.

→
Cross
Sylvie — Cross Sylvie Marc Agnifilo
1436 lines

The defense tested Sylvie's coercion account against affectionate messages, financial support, and her decision to stay. She acknowledged important concessions but maintained that DOS obligations shaped her conduct. The court excluded a disputed statement by Raniere.

3 sidebars inside this proceeding
  1. Foundation for Email About JnessThe government raised a hearsay objection to an email the defense offered to show Sylvie’s past enthusiasm for Jness.
  2. WhatsApp Questioning and Screen PrivacyCounsel discussed questioning the witness about WhatsApp messages without offering the chats into evidence and keeping partially nude images from public view.
  3. Hearsay and Context in Texts About PamCounsel disputed whether text messages about Pam were hearsay or admissible as context and evidence of the witness’s state of mind, and whether an instruction was needed.

Highlights

Sylvie — CrossimpeachmentMessages and photographs from July and August 2016 challenged Sylvie's remembered timeline. She acknowledged that she apparently had not stopped sending photographs when she thought she had and remained uncertain about the encounter date.Sylvie — Cross“It didn't always feel like my decision and I think I tried to explain that and I know, yes, I did -- you can ultimately look at it that I made that decision, I'm not -- I'm not denying that, and maybe I should have done something different or I could have done something different and this is what I did, but yes, I made the decision to stay in NXIVM, to live in Albany, and I was in it for 13 years, so I completely agree with you.”— SylvieShe acknowledged staying while preserving her distinction between making a decision and experiencing it as freely chosen.Sylvie — CrossadmissionSylvie said Keith permitted her to stop sending photographs. She acknowledged no direct threat by Monica or Keith to release her own collateral and no actual release, while maintaining that she understood disobedience could trigger release and distinguishing readiness penances.

5. Sylvie — Redirect/Recross (Part 5)

Sylvie addressed DOS messages and her experience after leaving NXIVM, then acknowledged on recross that she deleted messages despite Keith's instruction not to. The court excused her.

→
Redirect
Sylvie — Redirect Sylvie Moira Kim Penza
125 lines

Sylvie contextualized WhatsApp messages through DOS expectations, acknowledged deleting her messages, and described restrictions on intimacy and her marriage after leaving NXIVM.

1 sidebar inside this proceeding
  1. Deletion Post-it Visible on ExhibitAgnifilo argued that a deletion Post-it on the exhibit suggested testimony to the witness, while Penza said she had not realized it was visible.
Recross
Sylvie — Recross Sylvie Marc Agnifilo
12 lines

Sylvie acknowledged deleting messages despite remembering Keith's instruction not to do so.

Highlights

Sylvie — RedirectadmissionQuestioned about an April message sequence containing no green replies, Sylvie acknowledged deleting her own messages but said she did not know whether the defendant had retained or deleted his.

6. Mark Vicente — Direct (Part 1)

Mark Vicente began direct testimony about his recruitment into NXIVM, its organizational structure, and the teachings and practices he encountered during his first intensive.

→
sidebar
Protected-Name List and Mark Vicente Preparation
47 lines

Counsel discussed a witness reference list of victims’ first names and three individuals’ nicknames, along with plans for Mark Vicente’s testimony.

Procedural
Consent Admission of Government Exhibits and Call of Mark Vicente
12 lines
Direct
Mark Vicente — Direct Mark Vicente Mark Lesko
318 lines

Mark Vicente described his recruitment, NXIVM's organizational structure and fees, and intensive teachings about emotional responsibility, rank, and tribute. The court also approved supervised transcript review and clarified upcoming scheduling.

Highlights

Mark Vicente — Directtestimony highlightVicente outlined Nancy Salzman's educational role, NXIVM's umbrella structure, and programs including Jness, Society of Protectors, The Source, and First Principles, frequently qualifying the limits of his understanding.Mark Vicente — Directtestimony highlightVicente described intensive registration requirements and teachings that assigned responsibility for emotional reactions to the individual, redefined concepts, and emphasized tribute to higher-ranking members, Nancy Salzman, and Raniere.
← Day 12019 Federal TrialDay 3 →