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NXIVM— Case Archive
2019 Federal Trialtrial-daytrial-dayTanya HajjarMark LeskoMoira Kim PenzaMarc AgnifiloTeny Rose GeragosJayChristopher MillsNicoledirectcrossredirectDay 20 - June 10, 2019Nicole completed testimony amid disputes over contemporaneous messages and their admissibility. An FBI agent described evidence seized at 8 Hale Drive, and Jay began testifying about recruitment, collateral, and contact with Raniere.
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Day 20 - June 10, 2019

Nicole’s Testimony, FBI Search Evidence, and Jay’s Recruitment Account

Judge Nicholas G. Garaufis
14Proceedings
9Pages
3Witnesses
3,011Lines
3Sidebars
Day 20 of 29
Appearing:
Tanya Hajjar Mark Lesko Moira Kim Penza Marc Agnifilo Teny Rose Geragos Jay Christopher Mills Nicole

Nicole completed testimony amid disputes over contemporaneous messages and their admissibility. An FBI agent described evidence seized at 8 Hale Drive, and Jay began testifying about recruitment, collateral, and contact with Raniere.

Full day summary

Nicole completed her testimony after identifying proposed monthly collateral contracts that she said went unsigned and describing requests for the return of her collateral. On cross-examination, Marc Agnifilo emphasized positive journal entries, affectionate emails, requests for intimacy, and her conciliatory departure email. Nicole acknowledged those writings while distinguishing her understanding at the time from her present view. She described pressure from Allison Mack, punishment concerns, and constant readiness requirements. Disputes over emails and Telegram screenshots repeatedly interrupted questioning. The court admitted some defense exhibits but excluded others. It found that Nicole had not authenticated the screenshot collection and directed counsel to use specific messages to refresh her recollection rather than seek admission of the entire set. Nicole acknowledged intentionally deleting her Telegram account after leaving DOS, said she had not anticipated the later proceedings, and testified that she gave the government her phone. On redirect, she said her collateral remained unreturned and that she would not have had sex with Raniere had he not been her grand master. She was excused without further defense questioning. FBI Special Agent Christopher Mills described evidence collection during the March 27, 2018 search of 8 Hale Drive. Photographs, a camera and its card, and two hard drives were admitted without objection. Mills described transferring devices to the Computer Analysis Response Team and said he had no further involvement in searching them. On cross-examination, he could not recall whether the two devices he collected had been plugged in. Jay began describing her recruitment by India Oxenberg into what she understood to be a women-only mentorship society. She testified that she supplied four pieces of collateral before learning the master-slave terminology and would not have joined had she known men were involved. She also described course debt, moving to Albany, and repeated contact with Raniere. After Jay characterized her present understanding as having been groomed for his harem, the court initially denied a motion to strike. Outside the jury’s presence, it directed prosecutors to establish when she formed that understanding and whether it affected her departure, without expressly resolving the renewed motion.

1. Impeachment Materials and Hearsay Limits for Nicole's Cross-Examination

Before the jury entered, counsel disputed disclosure and potential hearsay limits for Nicole’s cross-examination materials. The court left individual impeachment objections for later rulings.

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Procedural
Impeachment Materials and Hearsay Limits for Nicole’s Cross-Examination
33 lines

Counsel disputed advance disclosure and hearsay limits for Nicole's cross-examination. The court said it would decide impeachment objections question by question.

2. Nicole — Direct/Cross (Part 3)

Nicole described proposed collateral agreements and efforts to recover her collateral, then faced cross-examination about Mack’s mentorship, her emails, and her doubts about The Vow.

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Direct
Nicole — Direct Nicole Moira Kim Penza
95 lines

Nicole described unsigned collateral contracts, her request to recover collateral, and life after DOS. The contracts were admitted without objection.

Cross
Nicole — Cross Nicole Marc Agnifilo
528 lines

The defense contrasted Nicole's positive emails with her account of fear and obligation in The Vow. Nicole qualified those writings, and the court excluded Government Exhibit 1277.

Highlights

Nicole — Directtestimony highlightNicole said the contracts were requested around March or April 2017 as monthly collateral but went unsigned. She confirmed concern about the waiver's risks and said she had not anticipated physical, psychological, or emotional risks when joining DOS.Nicole — CrossadmissionNicole acknowledged writing both that The Vow helped her and that she was uncomfortable with it. She said her present interpretation differed from her understanding at the time.Nicole — Cross“Yes. I have a different point of view now, but at the time I confused certain, like, growth aspects to thinking that it was maybe the work that I was doing with Allison. But I don't feel that way now.”— NicoleShe acknowledged a difference between her contemporaneous assessment and her present interpretation.

3. Email Admissibility and Advance Submission of Impeachment Materials

The court left its email-exhibit ruling unchanged during a break in Nicole's cross-examination and required updated exhibit lists and advance submission of impeachment materials.

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Procedural
Email Admissibility and Advance Submission of Impeachment Materials
31 lines

The court maintained its email ruling and required daily exhibit lists and advance ex parte submission of impeachment material.

4. Nicole — Cross (Part 4)

Nicole’s cross-examination addressed affectionate writings, sexual contact, and pressure within DOS. The court admitted photographs and an email but sustained an objection to message printouts she could not fully authenticate.

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Cross
Nicole — Cross Nicole Marc Agnifilo
641 lines

The defense contrasted Nicole's journals and affectionate messages with her account of pressure in DOS. The court admitted photographs and an email but sustained an objection to additional message printouts.

5. Telegram Messages: Authentication and Refreshing Nicole's Recollection

Outside the jury’s presence, the court declined to admit the full Telegram screenshot collection but allowed specific messages to be used to refresh Nicole’s recollection.

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Procedural
Telegram Messages: Authentication and Refreshing Nicole’s Recollection
70 lines

The court maintained limits on Telegram screenshots, allowing specific questions to refresh recollection but not admission of the entire collection.

sidebar
Sidebar Held Without Transcribed Dialogue
3 lines

The reporter recorded that a sidebar was held, but no dialogue was transcribed.

Procedural
Jury Return After Sealed Sidebar
6 lines

Highlights

Telegram Messages: Authentication and Refreshing Nicole’s RecollectionrulingThe court directed counsel to identify specific messages to refresh recollection, distinguishing that process from admitting the entire collection and stating that counsel was bound by the witness's answer.

6. Nicole — Cross/Redirect (Part 5)

Nicole’s cross-examination and redirect addressed DOS recruitment, financial assistance, her departure, and unreturned collateral. She was excused without further defense questioning. After a recess, counsel deferred handling proposed device documents without establishing their admission.

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Cross
Nicole — Cross Nicole Marc Agnifilo
599 lines

The defense tested Nicole's account against sexual messages, financial assistance, and her departure email. She described pressure and collateral concerns; the court limited message use and clarified an unverified claim about her collateral.

2 sidebars inside this proceeding
  1. Valentine's Day Message and Refreshing RecollectionCounsel disputed whether the exact wording of a Valentine's Day sexual message could be elicited and how to refresh the witness's recollection.
  2. Sidebar Outside the Jury's HearingA sidebar was held outside the jury's hearing, with no dialogue transcribed.
Redirect
Nicole — Redirect Nicole Moira Kim Penza
87 lines

Nicole described recruitment pressure, permission requirements, and unreturned collateral, and linked sex with the defendant to his grand master role. Counsel separately agreed on handling proposed device documents.

Highlights

Nicole — Redirecttestimony highlightNicole said she would not have had sex with the defendant had he not been her grand master and had not considered having sex with him again after leaving DOS.

7. Christopher Mills — Direct/Cross

FBI Special Agent Christopher Mills described evidence collected at 8 Hale Drive and answered defense questions about the devices and conditions at the search.

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Direct
Christopher Mills — Direct Christopher Mills Tanya Hajjar
310 lines

FBI agent Christopher Mills described the 8 Hale Drive search and identified photographs, a camera, its card, and two hard drives admitted without objection.

Cross
Christopher Mills — Cross Christopher Mills Teny Rose Geragos
57 lines

Mills could not recall whether two recovered devices were plugged in and clarified that investigators seized some books as well as electronic devices.

Highlights

Christopher Mills — Directevidence eventMills identified the camera found in evidence item one's bag and its internal card. Government Exhibits 520 and 524 were admitted without objection.

8. Jay — Direct (Part 1)

Jay described joining a secret society presented as women-only mentorship, supplying collateral, and later learning its master-slave terminology. She also discussed her move to Albany and contact with Keith Raniere.

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Direct
Jay — Direct Jay Mark Lesko
530 lines

Jay described DOS recruitment, intimate collateral, delayed disclosures, and her move to Albany. She characterized her contact with Raniere as grooming in hindsight.

Highlights

Jay — Directtestimony highlightJay described submitting four pieces of collateral to India over time: an abuse-disclosure video, a notarized letter, a sex tape, and another video confession. She said additional material was needed because earlier submissions did not cover each required category.Jay — Directtestimony highlightJay said master-slave terminology emerged only after joining, described assignments from India and Allison, and testified that she would not have joined had she known men were involved.Jay — Direct“Yes, but at first she said: I'm gonna be your mentor. So the name master/slave didn't come up 'til later.”— JayDistinguishes the initial mentorship description from terminology disclosed later.

9. Motion to Strike Retrospective Lay Opinions and Foundation Guidance

Day 20 ended with a renewed defense motion to strike Jay’s testimony. The court directed further foundation for her retrospective understanding without expressly resolving the renewed motion.

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Procedural
Motion to Strike Retrospective Lay Opinions and Foundation Guidance
21 lines

The court overruled an initial motion to strike, then directed the government to establish when Jay formed her retrospective understanding and whether it affected her departure.

Highlights

Motion to Strike Retrospective Lay Opinions and Foundation Guidanceprocedural actionThe court directed the government to establish when the witness formed her understanding, distinguishing an understanding affecting her departure from one derived later from media coverage. The government promised detailed testimony; the court acknowledged the defense's record without expressly resolving the renewed motion.
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