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2019 Federal Trialtrial-daytrial-dayTanya HajjarMoira Kim PenzaPaul DerOhannesian IIBrian BoothMichael WenigerdirectcrossredirectrecrossDay 23 - June 13, 2019Brian Booth completed testimony on photograph metadata, disputed file-system dates, and evidence handling. FBI Special Agent Michael Weniger began reviewing purported banking information, correspondence concerning critics, DOS materials, and Raniere's academic record.
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Day 23 - June 13, 2019

Booth's Metadata Testimony and Weniger's Review of Banking and DOS Records

Judge Nicholas G. Garaufis
9Proceedings
5Pages
2Witnesses
3,148Lines
1Sidebars
Day 23 of 29
Appearing:

Brian Booth completed testimony on photograph metadata, disputed file-system dates, and evidence handling. FBI Special Agent Michael Weniger began reviewing purported banking information, correspondence concerning critics, DOS materials, and Raniere's academic record.

Full day summary

Brian Booth completed his testimony about photograph metadata and evidence handling. The court admitted photographs and an EXIF-data exhibit without objection. Booth identified November 2 and November 24, 2005 dates and said irregular intervals between photographs did not appear consistent with timer use. On cross-examination, Booth said the camera and media card arrived in unsealed packaging. He called the file-system creation dates under examination inaccurate and later agreed that card access dates appeared to have changed while the card was in FBI possession. He did not know who accessed it on September 19, 2018, or of a record documenting that access. He cautioned that access did not necessarily mean viewing and could not identify users or photographers. A dispute over examination notes led to their production and time for defense review before questioning resumed. On redirect, Booth distinguished embedded EXIF data from file-system timestamps, describing EXIF as more reliable. He said he saw no attempted EXIF manipulation on the drive and no changes to its image metadata since FBI receipt. On recross, he acknowledged that EXIF data can be altered; he did not testify that these images had been altered. A November 5 date in one displayed example was not reconciled with his testimony that the red-binder images carried November 2 or November 24 dates. FBI Special Agent Michael Weniger then reviewed purported banking information recovered from Nancy Salzman's residence, requests to Canaprobe, and related correspondence. He believed most or all of the information was untrue, but remained uncertain. He distinguished that assessment from his reading that participants sought genuine banking information and appeared to believe what they received. Other records concerned efforts against critics, Raniere's involvement in those activities, and evidence of reimbursed campaign donations. Weniger also reviewed DOS collateral materials, Raniere's instructions that India pose for a photograph to be sent to Allison Mack, and Mack's request for guidance about Nicole's distress. The prosecution compared Raniere's website biography with an RPI transcript listing a 2.26 GPA. Weniger's direct examination remained unfinished.

4. Brian Booth — Cross/Redirect/Recross/Further Redirect (Recall, Part 4)

Brian Booth’s testimony concludes with questions about FBI handling of a camera card, photograph metadata, and the limits of his findings.

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Cross
Brian Booth — Cross Brian Booth Paul DerOhannesian II
223 lines

Booth acknowledged apparent changes to media-card access dates during FBI possession and limits on identifying users or photographers. Two defense evidence-handling records were admitted.

Redirect
Brian Booth — Redirect Brian Booth Tanya Hajjar
128 lines

Booth emphasized EXIF dates over file-system timestamps, compared folder and album-file dates, and explained the examination notes and replacement camera report.

Recross
Brian Booth — Recross Brian Booth Paul DerOhannesian II
20 lines

Booth acknowledged that EXIF data can be altered and limited his knowledge of Mr. Flatly's camera work to its receipt date.

Redirect
Brian Booth — Redirect Brian Booth Tanya Hajjar
11 lines

Booth identified a Canon camera as the source of the examined images and was excused.

Highlights

5. Michael Weniger — Direct (Part 1)

FBI Special Agent Michael Weniger testified about purported banking information, efforts against critics, campaign donations, and DOS materials. His direct examination remained unfinished as the court outlined the anticipated schedule through deliberations.

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Direct
Michael Weniger — Direct Michael Weniger Moira Kim Penza
1431 lines

Weniger traced banking searches and DOS correspondence, qualified the banking information's reliability, and linked records to Raniere. The court admitted exhibits and outlined the remaining trial schedule.

Highlights

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