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NXIVM— Case Archive
2019 Federal TrialtranscripttranscriptJury Instruction on Protected Names and Presumption of Innocence - Day 2 - 2019 Federal TrialThe court explained privacy protections for certain alleged victims’ names and instructed jurors not to infer guilt or non-guilt from withheld last names.
Moira Kim PenzaNicholas G. GaraufisTHE COURTJurorsMS. PENZAjury_instructions
2019 Federal Trial/Day 2/May 8, 2019
6 pages·2 witnesses·2,663 lines
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.
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Jury Instruction

2.Jury Instruction on Protected Names and Presumption of Innocence

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Jury Instruction on Protected Names and Presumption of Innocence
Jury InstructionJury Instr.Jury Instruction on Protected Names and Presumption of Innocence
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(Jury enters.)

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THE COURT: Please be seated, everyone.

Good morning, members of the jury.

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JURORS: Good morning.

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THE COURT: First of all, let me apologize for getting started a little late, but we were very busy with certain issues that needed to be dealt with and now we can go forward, but before we resume with the current witness, let me just give you an instruction.

Members of the jury, you may have noticed during yesterday's testimony that the witness only used the first names of certain individuals. That is because the names of certain alleged victims are being withheld from the public and the press to protect the privacy of those individuals. I have, therefore, instructed the parties to refer to those individuals by their first names only; however, their full names and identities are known to the Government, to the defense, and to the Court.

I remind you that the defendant has pleaded not guilty to all the charges and is presumed innocent throughout the trial. You shall not make any inferences as to the defendant's guilt or non-guilt from the fact that certain last names are being withheld from you and the public.

Also, you may have noticed that the witness was asking the Government whether she should say the last names of certain individuals. Going forward, the witnesses will receive a list of the individuals whose last names are protected to which the witnesses may refer by using first names only while testifying.

So, having said that, we'll continue. The witness may retake the witness stand.

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MS. PENZA: Thank you, Your Honor.

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(Witness takes the stand.)

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THE COURT: Please be seated.

I remind the witness that she is still under oath.

You may proceed.

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MS. PENZA: Thank you, Your Honor.

Continue to next page3.Sylvie — Direct (Part 3)
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