8.Brian Booth — Direct (Recall, Part 1)
286 lines(Brian Booth resumes the stand.)
THE COURT: I remind the witness he is still under oath and may be seated.
BRIAN BOOTH: Thank you.
THE COURT: Okay. You may inquire.
MS. HAJJAR: Thank you, your Honor.
Your Honor, I'd like to offer a stipulation into evidence that we just marked as Government Exhibit 252.
THE COURT: Go ahead.
MS. HAJJAR: May I publish and read it into the record?
THE COURT: Any objection, 252, stipulation?
MS. HAJJAR: The signed stipulation.
MR. DEROHANNESIAN: Okay. No objection.
THE COURT: Okay. Government Exhibit 252 is received in evidence.
MS. HAJJAR: Thank you, your Honor.
(Government Exhibit 252 so marked.)
THE COURT: You may publish it to the jury.
(Exhibit published to the jury.)
MS. HAJJAR: This is Government Exhibit 252:
It is hereby stipulated and agreed by and between the United States of America, by Assistant United States Attorneys Moira Kim Penza, Tanya Hajjar, and Mark J. Lesko, and by the Defendant Keith Raniere, by the undersigned counsel that the individuals depicted in the following Government exhibits currently marked for identification are as follows: Government Exhibit 508-E depicts Lauren Salzman; Government Exhibit 509-A through -D, -F, -H, and -J through -L depict Angel Smith; Government Exhibit 510-G and -K depict Barbara Jeske; Government Exhibit 511-A through -B, -E, -F through -K, and -L depict Dawn Morrison; Government Exhibit 512-A through -C, -F, and -H through -I depict Daniela; Government Exhibit 513-B, -I through -J, and -O depict Barbara Bouchey; Government Exhibit 514-A, -E, and -F depict Loreta Garza; Government Exhibit 515-A and -B depict Pamela Cafritz and Marianna, from left to right; Government Exhibit 516-A, -E through -H, depicts Monica Duran; and Government Exhibit 517-A, -D through -E, and -G through -J depict Kathy Russell. This stipulation, marked as Government Exhibit 252, is admissible in evidence.
THE COURT: All right.
MS. HAJJAR: At this time, your Honor, I'd ask that we be permitted to distribute binders to the jurors and to your Honor.
THE COURT: Yes, you may do so. But before you do, I'd like to ask the jurors to cooperate.
These binders have photographic documentation among them. You are only going to be asked to look at certain tabs, certain pages. And I ask you not to look at any of the other pages, as only I think eleven of the photographs are going to be discussed during the testimony of this witness?
Is that correct?
MS. HAJJAR: Yes, your Honor.
THE COURT: Thank you for your cooperation.
(Pause in proceedings.)
THE COURT: Anyone else need a binder? Okay.
And defense has the binder?
MR. DEROHANNESIAN: We do.
THE COURT: Go ahead.
MS. HAJJAR: Your Honor, can we switch the laptop, please?
THE COURT: Go ahead.
MS. HAJJAR: And if we could open what's in evidence as Government Exhibit 505?
THE COURT: Go ahead.
MS. HAJJAR: If you could click to: File path, all items.
(Continued on the following page.)
BRIAN BOOTH, called as a witness, having been previously duly sworn, was examined and testified as follows:
DIRECT EXAMINATION BY MS. HAJJAR (Continuing):
MS. HAJJAR: Examiner Booth, have you reviewed the contents of this binder that you have in front of you?
BRIAN BOOTH: I don't have it on my visual.
MS. HAJJAR: Do you have a binder, a physical binder, in front of you?
BRIAN BOOTH: Physical binder, yes.
MS. HAJJAR: And does the binder and the tabs within it -- just generally -- reflect the folders that are listed that we discussed in the Studies folder?
BRIAN BOOTH: Yes, they do.
MS. HAJJAR: In other words, the tabs correspond to the folder names that we -- that you read through before?
BRIAN BOOTH: Yes, they do.
MS. HAJJAR: So, does the binder contain tabs for each of the folders except the last one?
BRIAN BOOTH: Yes.
MS. HAJJAR: So, if we could scroll in the report to the first folder, 4L122505.
MS. HAJJAR: I'm going to direct you to that corresponding tab and the tab for E, which is Government Exhibit 508 in the binders. So, the tab is 4L122505 and the tab is E, Government Exhibit 508-E in the binders.
MS. HAJJAR: Could we click on the EXIF data for IMG_0207, please?
MS. HAJJAR: Examiner Booth, does this EXIF data relate to Government Exhibit 508-E that's in your binder?
BRIAN BOOTH: I don't have it to reference to. All I have is the photo.
THE COURT: Here, it's on the screen.
Got it now?
BRIAN BOOTH: Yes, I do. Thank you, sir.
BRIAN BOOTH: Yes, it does.
MS. HAJJAR: And, so, Government Exhibit 508-E in the binders corresponds to metadata that you can see in IMG_0207.jpg.
BRIAN BOOTH: Yes, it does.
MS. HAJJAR: Can you read out the EXIF image make and model?
BRIAN BOOTH: The make is Canon, the model is EOS 20D.
MS. HAJJAR: And the date and time original and digitized, please?
BRIAN BOOTH: The date and time original is 2005:12:26 and 3:1:40.
THE COURT: 3:01:40, that's 3 o'clock in the morning; is that the time?
BRIAN BOOTH: Yes, your Honor.
THE COURT: Go ahead.
MS. HAJJAR: If you could scroll down to the EXIF Canon serial number, is that the same serial number that you saw before?
BRIAN BOOTH: Yeah, that was how it is.
MS. HAJJAR: And showing you what's in evidence as Government Exhibit 252 --
MS. HAJJAR: Sorry, your Honor, can we switch back to the Elmo briefly?
THE COURT: That's fine.
MS. HAJJAR: Can you read out the text next to Government Exhibit 508-E?
BRIAN BOOTH: GX508-E depicts Lauren Salzman.
MS. HAJJAR: Can we switch back, your Honor?
THE COURT: Go ahead.
MS. HAJJAR: Could we publish it, your Honor.
THE COURT: Sure.
(Exhibit published to the jury.)
MS. HAJJAR: Ms. Carby, could we go back to the report and just click the EXIF data only for the following image, which is IMG_0208?
MS. HAJJAR: Now, just looking at the EXIF photo date time original --
MS. HAJJAR: And could we switch back to 0207 and scroll up?
MS. HAJJAR: -- do you see any difference between the two?
If we switch back and forth between them, is there a small difference?
BRIAN BOOTH: Yes, there is.
MS. HAJJAR: What is that?
BRIAN BOOTH: It's changed by a couple seconds as far as the time is concerned.
MS. HAJJAR: Given what the date time original corresponds to, does that make sense to you?
BRIAN BOOTH: Yes, that makes total sense.
MS. HAJJAR: How?
BRIAN BOOTH: Well, typically when people use cameras, they don't take a picture every one second or two seconds after each other in order. They can be off by different seconds.
MS. HAJJAR: If you were to take photos in sequence, you might expect that the date and time would be slightly later in the second photo?
BRIAN BOOTH: Yes, I would.
MS. HAJJAR: I want to direct your attention to EXIF photo focal length, which is right above the EXIF photo maker note.
BRIAN BOOTH: I see it.
MS. HAJJAR: And then if we can switch to the image prior, IMG_0207.
MS. HAJJAR: Do you see something different?
BRIAN BOOTH: Yes, I do.
MS. HAJJAR: What does that refer to; do you know?
BRIAN BOOTH: It's showing an adjustment on the actual lens of the camera itself.
MS. HAJJAR: If we can go back to the original report and scroll to folder A111005.
I direct the witness to the A111005 tab in the binder, the jury as well, and the A tab.
And if you could, click the EXIF data for IMG_0164.
MS. HAJJAR: Examiner Booth, does this EXIF data, this metadata, reflect the same image that's depicted in Government Exhibit 509-A?
BRIAN BOOTH: Yes, it does.
MS. HAJJAR: And, again, does this refer to the Canon EOS20D camera?
BRIAN BOOTH: The Canon EOS 20D, yes.
MS. HAJJAR: What's the date and time associated with this image?
BRIAN BOOTH: Date and time original is 2005:11:10 20:22:18.
MS. HAJJAR: This is November 10, 2005?
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: Can you scroll down to the serial number?
MS. HAJJAR: Is this the same serial number?
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: Examiner Booth, have you looked at the serial number for many of these images?
BRIAN BOOTH: Yes, I have.
MS. HAJJAR: Is it always the same Canon serial number?
BRIAN BOOTH: Yeah, they're consistent.
MS. HAJJAR: Now if we could return to the report and scroll --
THE COURT: Ms. Hajjar, did you want the jury to look at these images now?
MS. HAJJAR: Yes. I had referred them to that tab.
THE COURT: The prior one, though.
MS. HAJJAR: Yes, one for each folder, as we discussed, your Honor.
THE COURT: So, 4L122505E was the first one?
MS. HAJJAR: Yes.
THE COURT: And you're referring the jury to that.
MS. HAJJAR: Government Exhibit 508-E. And Examiner Booth had testified regarding the date on that file.
THE COURT: And, so, you were referring that to the jury.
MS. HAJJAR: Yes, your Honor.
THE COURT: It wasn't clear to me. So, the jury has seen that and they've seen 509-A.
All right. Keep going.
MS. HAJJAR: Thank you, your Honor.
If you could go back to the report, Ms. Carby, and scroll down to the folder titled EJ103005.
And I'll direct the jury to the tab that has the same folder name, and it's letter G. 510-G is the Government exhibit that the corresponds.
And if we could, click on IMG_0144.exif.html.
MS. HAJJAR: Examiner Booth, does this image and the EXIF data that's associated with it correspond to Government Exhibit 510-G?
BRIAN BOOTH: Yes, it does.
MS. HAJJAR: And what's the date and time associated with this image?
BRIAN BOOTH: The original date time original is 2005:10:30 18:01:14.
MS. HAJJAR: And in this case, is that the same as the digitized version?
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: Are these images again from the Canon camera with the same serial number?
BRIAN BOOTH: You'd have to scroll down.
MS. HAJJAR: We'll do that.
BRIAN BOOTH: Yes, it does.
MS. HAJJAR: Now, if we could switch to the next folder, which is D101705.
MS. HAJJAR: And I'll direct you, Examiner Booth, and the jury to Tab F, which contains Government Exhibit 511-F.
MS. HAJJAR: And if we could click on IMG_0064-1.exif.html.
MS. HAJJAR: Examiner Booth, does this data -- is this the data that corresponds with Government Exhibit 511-F?
BRIAN BOOTH: Yes, it does.
MS. HAJJAR: And is this also the same Canon camera?
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: And can you read the date the original date and time, please?
BRIAN BOOTH: The date time original is 2005:10:17 22:02:00.
MS. HAJJAR: If we could switch to the next folder, which is DF101905.
MS. HAJJAR: And I'll direct you to the binder Tab C, which contains Government Exhibit 512-C?
MS. HAJJAR: You can click on IMG_0092.exif.html.
MS. HAJJAR: Examiner Booth, what's the date and time associated with this image?
BRIAN BOOTH: The date time original is 2005:10:19 19:33:09.
MS. HAJJAR: Now, Examiner Booth, the images that we -- the EXIF data associated with the images we've been looking at, have they all been in Chosen 5 thus far?
BRIAN BOOTH: Yes, they have.
MS. HAJJAR: Do they correspond, roughly, to the string of numerals that's next to the initials or the letters at the front of that folder name?
BRIAN BOOTH: Yes, they do.
MS. HAJJAR: So, scrolling to the next folder, which is J101605 and directing you to Tab B, which contains Government Exhibit 513?
MS. HAJJAR: If we could, open the EXIF data, which is IMG_0044.
MS. HAJJAR: Examiner Booth, is this the EXIF data that corresponds to that image?
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: What is the date associated with this image?
BRIAN BOOTH: Date time original is 2005:10:17 16:53:22.
MS. HAJJAR: And if we could scroll to the next folder, which is L103805 -- 28.
(Continued on the following page.)
(Continuing)
THE COURT: L102805?
MS. HAJJAR: Yes.
THE COURT: Go ahead.
EXAMINATION CONTINUING BY MS. HAJJAR:
MS. HAJJAR: And I'll direct your attention to Tab A, which contains Government Exhibit 514, and that's IMG__0110.exif.html.
And does this EXIF data correspond with that image?
BRIAN BOOTH: Yes, it does.
MS. HAJJAR: And what is the date and time associated with this image?
BRIAN BOOTH: The date/time original is 2000 -- 2005:10:295:11:16.
MS. HAJJAR: And that's October 29th, 2005?
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: If we could scroll to the next folder, which is Mnp102005.
And I'll direct the jury's attention to the first tab, which is Tab A, which contains Government Exhibit 515-A.
MS. HAJJAR: Before looking at any EXIF data, Examiner Booth, I just want to -- can you just scroll down through Mnp102005?
Are there multiple folders, multiple images in this group?
BRIAN BOOTH: Yes, there are.
MS. HAJJAR: Multiple sub-folders within it?
BRIAN BOOTH: Yes.
MS. HAJJAR: So we are just going to look at the very first one, which is -- I just want you to read the sub-folder, what the title is of that sub-folder starting with 2005.
BRIAN BOOTH: Mnp102005.
MS. HAJJAR: And right below that the sub-folder, what is that sub-folder titled?
BRIAN BOOTH: 2005-10-20-0640-31.
MS. HAJJAR: And if we could open IMG__0099, the first image, the EXIF data associated with it, and is this the EXIF data that's associated with Government Exhibit 515-A?
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: And is this, again, the Cannon camera, the same one that we've been referring to?
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: Can you read the date/time, please?
BRIAN BOOTH: The date/time original is 2005:10:20 16:20:13.
MS. HAJJAR: And we scroll now to the folder titled Mo101805, and I am just referring the witness and the jury to the first tab, Tab 516-A. Tab A, if we could.
Examiner Booth, can you just read the first folder, it's Mo101805, and what's the folder name under that?
BRIAN BOOTH: The folder name is 2005-10-18-0744-20.
MS. HAJJAR: And if we could open IMG_0075.exif.html.
This is the EXIF data associated with that image?
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: And what's the date and time?
BRIAN BOOTH: The date/time original is 2005:10:18 20:33:09.
MS. HAJJAR: And that October 18th, 2005, that matched the folder name that you looked at a moment ago?
BRIAN BOOTH: Yes, I believe it did.
MS. HAJJAR: Can you just go back to the report, please?
BY MS. HAJJAR:
MS. HAJJAR: It's October 18th, 2005 and, again, reflected above?
BRIAN BOOTH: Correct.
MS. HAJJAR: And the second-to-last folder is Msk101905, and the first tab, which is tab -- which contains Government Exhibit 517-A.
MS. HAJJAR: Could we look at IMG_0079.exif.html?
MS. HAJJAR: And does this refer to that image?
BRIAN BOOTH: Yes, it does.
MS. HAJJAR: And, again, the same camera was used?
BRIAN BOOTH: Yes, a Cannon EOS 20D.
MS. HAJJAR: And what's the date and time associated with this image?
BRIAN BOOTH: Date/time original is 2005:10:19 18:54:09.
MS. HAJJAR: And so, Your Honor, just know we're finished with the binder. So I just wanted --
THE COURT: We can collects the binders.
MS. HAJJAR: We can collect them.
MS. HAJJAR: Examiner Booth, you testified that you also created a report of the card that was within the camera?
BRIAN BOOTH: Yes, I did.
MS. HAJJAR: And I'd like to show you what's already in evidence as Government Exhibit 521-A.
MS. HAJJAR: If I could switch to the ELMO, please, Your Honor.
THE COURT: Okay.
BY MS. HAJJAR:
MS. HAJJAR: And is this the -- turn to the third page of this report.
Is this the report that corresponds with the forensic analysis you did of the card associated with the camera?
BRIAN BOOTH: I don't have it, Your Honor.
THE COURT: Okay, one moment. Go ahead.
BRIAN BOOTH: Thank you.
BRIAN BOOTH: Yes, it is.
MS. HAJJAR: Okay. And looking at evidence list, how can you tell?
BRIAN BOOTH: It's the display name that I wound up giving for the card in the evidence list. I can tell by that.
MS. HAJJAR: And this display name, is that the way you can match it to the device that you analyzed?
BRIAN BOOTH: Yes, plus underneath the evidence path is the path I created to save the evidence file, and the ID number and name is underneath it also. Multiple ways that we verify.
MS. HAJJAR: I just want to show you. Turning to page 131 of this report.
THE COURT: This is in evidence?
MS. HAJJAR: Yes, Your Honor, this is in evidence. It's Government Exhibit 521-A.
THE COURT: Okay, go ahead.
MS. HAJJAR: It's the same report. It's just an excerpted copy.
BY MS. HAJJAR:
MS. HAJJAR: Do you see that, Examiner Booth?
BRIAN BOOTH: Yes, I do.
MS. HAJJAR: And what does "file path" refer to?
BRIAN BOOTH: This is the directory structure that the items that were found on the card were located.
MS. HAJJAR: And so this LEXAR CF2 GB card, is that the card that was in the camera that you analyzed?
BRIAN BOOTH: Yes, it was.
MS. HAJJAR: What is -- do you see below that, LEXAR MEDIA, FAT16?
BRIAN BOOTH: Yes.
MS. HAJJAR: What does that refer to?
BRIAN BOOTH: That's a designation that the card had been given, as far as the partitioning.
MS. HAJJAR: Your Honor, it's 5 o'clock. I don't know -- I do have a bit more.
THE COURT: All right, we'll recess for the evening.
Members of the jury, please remember it is important that you follow my instruction that you not discuss this case with anyone, not your family, friends, business associates and not your fellow jurors.
In addition, you must not read, listen to, watch or access any accounts of this case on any form of media, such as newspapers, TV, radio, podcasts or the Internet. No research or seek outside information about any aspect of the case.
Do not communicate with anyone about the case on your phone, whether through e-mail, text messaging or any other means, through any blog or website, or by way of any social media, including Facebook, Twitter, Instagram, YouTube or other similar sites.
You must not consider anything you may have read or heard about the case outside of this courtroom, whether you have read it before or during jury selection or during this trial. And do not visit any of the locations identified during the course of jury selection and trial.
And we will see you tomorrow morning. We will start at 9:30. If you are taking notes, please leave them in the jury deliberation room.
All rise for the jury.
(Jury exits.)
(Continued on the following page.)
(In open court.)
THE COURT: All right. Please be seated.
About how much more do you have?
Have a good evening. We will see you tomorrow.
BRIAN BOOTH: Thank you, Your Honor.
(Witness steps down.)
THE COURT: How much longer?
MS. PENZA: 30 to 45 minutes, Your Honor.
THE COURT: Any more pictures?
MS. PENZA: The child pornography, Your Honor.
THE COURT: And for those you're not passing out a book, are you?
MS. PENZA: We would propose, Your Honor -- we only have one copy of this.
THE COURT: Why don't we do what we did the other day and show it only to the jury and turn off the rest of the video.
MS. PENZA: We had thought, Your Honor, that the agent could display it to the jury and give them the opportunity to look at that single binder, Your Honor.
THE COURT: You can do it that way. That's fine.
MS. PENZA: Okay. There's a certain -- as Your Honor knows, there's aspects -- in terms of identifying the individual, these are highly-quality photos, and there's only one copy. We would briefly display it to the jury and ask that they briefly look at it, and that's it in terms of the photographs.
MR. AGNIFILO: What was the procedure again?
THE COURT: There's a binder?
MS. PENZA: Yes.
THE COURT: It has one photo in it?
MS. PENZA: No, Your Honor, I'm sorry. It's one binder. It has each of the photographs that's been charged. So it has 18 or so images of child pornography in it.
THE COURT: I see. And you're going to ask the jurors to look at all 18 images.
MS. PENZA: Briefly, Your Honor. We'll have the agent who is in custody of the images, display the images very briefly to the jury and then allow them to accept the images, not for a lengthy period of time, but to have an opportunity to look at the images themselves.
MR. AGNIFILO: Would the agent approach the jury to do that?
MS. PENZA: Yes.
MR. AGNIFILO: I would object to that. I think the book could be passed and they can look at it as they deem necessary. Face-to-face, I don't want that. If they want look, if they don't want to look.
THE COURT: It might coerce the jurors to look at the images; is that the argument? Why don't we have one of the attorneys do it. I don't understand. After this, what we had today -- I will allow the agent. He's in custody of it. They're images of child pornography. It's very serious and the agent can show it to them and then they can pass it to the jury. Anyone who wants to look further can look and anyone who doesn't want to look further doesn't have to look, and then we'll be done with this portion of the case.
MS. PENZA: Yes, Your Honor.
THE COURT: And after that, that's it?
MS. PENZA: That's it for this witness, Your Honor, and then there's one additional witness tomorrow.
THE COURT: How much do you have for the witness.
MR. AGNIFILO: Hour, hour and 15.
THE COURT: And then there's one more witness after that?
MS. PENZA: Yes, Your Honor, our case agent, approximately two hours on direct.
THE COURT: And on cross?
MR. AGNIFILO: Probably less than an hour.
THE COURT: Which will take us into the middle of the afternoon, I guess.
MR. AGNIFILO: Sounds about right.
THE COURT: And then you'll rest your case.
MS. PENZA: We expect to, Your Honor.
THE COURT: You expect to. Okay.
And then I'll hear from the defense.
MR. AGNIFILO: Yes, sir. Can I go back to the issue that I raised at sidebar and maybe do it at sidebar PSR?
THE COURT: No. We did it. I am not doing it again. Once is enough in this case. Send me a letter. You are good at that. After 6 a.m., if you do not mind.
MR. AGNIFILO: Okay, Judge. We're done for the day.
MS. PENZA: Thank you, Your Honor.
(Matter adjourned to Thursday, June 13, 2019 at 9:30 a.m.)
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