Skip to content
NXIVM— Case Archive
2019 Federal Trialtrial-daytrial-dayMoira Kim PenzaMarc AgnifiloMichael WenigerdirectcrossredirectrecrossDay 24 - June 14, 2019Michael Weniger completed testimony on records, photographs, and NXIVM investigations. The court denied the defense's dismissal motion, accepted Raniere's waiver of testimony, and closed the evidence after both sides rested.
← Day 232019 Federal TrialDay 25 →

Day 24 - June 14, 2019

Weniger Completes Testimony; Court Denies Dismissal; Both Sides Rest

Judge Nicholas G. Garaufis
6Proceedings
3Pages
1Witnesses
1,359Lines
2Sidebars
Day 24 of 29
Appearing:
Moira Kim Penza Marc Agnifilo Michael Weniger

Michael Weniger completed testimony on records, photographs, and NXIVM investigations. The court denied the defense's dismissal motion, accepted Raniere's waiver of testimony, and closed the evidence after both sides rested.

Full day summary

Michael Weniger completed his testimony after reviewing academic records, financial correspondence, messages, photographs, and NXIVM teaching materials. He described Raniere's academic dismissal and final 2.26 GPA. Records concerning Marianna's investment visa included a $525,000 check and a gift notice from Clare Bronfman; Weniger said he believed the funds were ultimately transferred. Using medical records and scar comparisons, he concluded that Camila's Studies photographs predated her January 2007 appendectomy, performed when she was 16. The court allowed redacted comparison photographs to be shown to jurors. Prosecutors also presented curriculum passages addressing rape, abuse, and sexual contact between adults and children, along with video exhibits. On cross-examination, Marc Agnifilo questioned the limits of the investigation and the attribution of recovered documents. Weniger would not attribute most or all of a document box to Kristin Keeffe or identify the handwritten notes' author. He acknowledged that investigators had not tracked down a purported banking relationship reported by Canaprobe. He believed checks through another investigative firm helped reveal false Canaprobe information and led to Bronfman's lawsuit. The court limited use of Michael Sutton's unsigned draft and later barred testimony by affidavit. On redirect, Weniger said correspondence appeared to show Keeffe conveying Canaprobe information to Raniere. He described Raniere as the person everyone approached for permission, including the legal department, and said communications about targets of banking-information searches continued after Keeffe left. The Government rested. The court denied the defense's motion for dismissal, finding sufficient evidence of the enterprise and commercial sex acts for jury consideration. After a personal colloquy, the court found that Raniere knowingly and voluntarily waived his right to testify. The defense rested without presenting a case, ending the evidentiary portion of the trial. The court scheduled a Saturday charge conference and Monday closing arguments.

1. Michael Weniger — Direct (Part 2)

Michael Weniger’s continued direct examination covered academic and financial records, messages, photograph dating, and NXIVM teaching materials before concluding.

→
Procedural
Trial Schedule, Forfeiture Procedure, and Exhibit Admissions
55 lines
Direct
Michael Weniger — Direct Michael Weniger Moira Kim Penza
589 lines

Weniger reviewed financial records and Daniela-related messages, explained his dating of Camila's photographs through surgery records and scar comparisons, and connected Raniere to NXIVM curriculum.

1 sidebar inside this proceeding
  1. Sidebar Outside the Jury’s HearingA sidebar was held outside the jury’s hearing, with no dialogue transcribed.

Highlights

Michael Weniger — Directevidence eventUsing surgery records and photographic comparisons, Weniger concluded that Camila's Studies photographs predated her January 2007 appendectomy at age 16. The court allowed redacted comparison photographs to be shown to jurors.Michael Weniger — Direct“That told me that the scar -- that those photographs were taken before the appendectomy surgery in 2007. I should add that the appendectomy surgery occurred when Camila was 16 years old.”— Michael WenigerExpresses Weniger's dating conclusion and the age associated with the surgery without supplying a more precise age for the photographs.Michael Weniger — Directevidence eventThe prosecution presented Jness forum statements and Human Experiment curriculum passages discussing rape, orgasm, abuse, and sexual contact between adults and children. These passages were read from exhibits, not offered as Weniger's own views.

2. Michael Weniger — Cross/Redirect/Recross (Part 3)

Michael Weniger’s cross-examination addressed Canaprobe reports, recovered documents, and investigative limits. Redirect focused on Raniere’s authority and communications about banking-information searches, followed by brief recross about a paternity petition.

→
Cross
Michael Weniger — Cross Michael Weniger Marc Agnifilo
567 lines

Agnifilo tested Canaprobe's reliability, document attribution, and travel evidence. The court limited use of Michael Sutton's unsigned draft and barred testimony by affidavit.

1 sidebar inside this proceeding
  1. Sutton Testimony by AffidavitThe sidebar concerned whether Mr. Sutton could testify by affidavit.
Redirect
Michael Weniger — Redirect Michael Weniger Moira Kim Penza
66 lines

Weniger linked Canaprobe information to Raniere, described his authority, and said discussions of critics continued after Keeffe left. He had no evidence of the alleged conspiracy among critics.

Recross
Michael Weniger — Recross Michael Weniger Marc Agnifilo
8 lines

Weniger recalled something about a paternity petition but could not confirm its duration. The court directed counsel to move on after Penza intervened.

Highlights

Michael Weniger — CrossrulingThe court required counsel to identify Michael Sutton's document as an unsigned draft and allowed it to be read only without treating its statements as verified truth.Michael Weniger — CrossadmissionWeniger agreed that NXIVM participants appeared to check Canaprobe's information through another investigative firm and said he believed that process led to the conclusion that the information was false and to Clare Bronfman's Quebec lawsuit.Michael Weniger — Redirecttestimony highlightAfter the question was rephrased, Weniger described Raniere as the person everyone approached for permission, including the legal department and Keeffe as legal liaison.

3. Rule 29 Motion Denied, Raniere's Testimony Waiver, and Close of Evidence

The court denied the defense’s dismissal motion and accepted Raniere’s decision not to testify. The defense rested without presenting a case, ending the evidentiary portion of the trial.

→
Procedural
Rule 29 Motion Denied, Raniere's Testimony Waiver, and Close of Evidence
74 lines

The court denied the Rule 29 motion and accepted Raniere's testimony waiver. The defense rested without presenting a case, ending the evidentiary phase.

Highlights

Rule 29 Motion Denied, Raniere's Testimony Waiver, and Close of EvidencerulingAfter arguments over the enterprise, racketeering acts, and commercial sex, the court denied the defense motion, finding sufficient evidence of the enterprise and commercial sex acts for jury consideration.Rule 29 Motion Denied, Raniere's Testimony Waiver, and Close of EvidencerulingFollowing a personal colloquy with Raniere, the court found that he knowingly and voluntarily waived his right to testify.Rule 29 Motion Denied, Raniere's Testimony Waiver, and Close of Evidenceprocedural actionThe defense rested without presenting a case, and the court announced that the evidentiary portion of the trial was complete.
← Day 232019 Federal TrialDay 25 →