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2019 Federal Trialtrial-daytrial-dayMoira Kim PenzaMarc Agnifilocharge_conferenceclosing_argumentDay 26 - June 17, 2019The court declined to restore a defense witness-bias instruction. Prosecutor Moira Kim Penza sought guilty findings on all counts, while Marc Agnifilo challenged the alleged enterprise's common purpose and the proof supporting individual charges. The defense closing remained unfinished at recess.
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Day 26 - June 17, 2019

Witness-Bias Instruction Ruling and Closing Arguments

Judge Nicholas G. Garaufis
3Proceedings
3Pages
0Witnesses
191Lines
Day 26 of 29
Appearing:

The court declined to restore a defense witness-bias instruction. Prosecutor Moira Kim Penza sought guilty findings on all counts, while Marc Agnifilo challenged the alleged enterprise's common purpose and the proof supporting individual charges. The defense closing remained unfinished at recess.

Full day summary

The court declined to restore the defense's proposed witness-bias instruction, finding it too specific and suggestive. Marc Agnifilo objected and offered to accept alternative wording. The court left the charge unchanged and allowed counsel to address witness motivations in closing arguments. In the prosecution's closing, Moira Kim Penza asked jurors to find Keith Raniere guilty on all counts. She argued that he and his inner circle operated an enterprise serving his interests through secrecy, surveillance, financial dependence, and coercion. She reviewed Daniela's border crossing and confinement, alleged email hacking and litigation-related videotape alterations, and use of Pam Cafritz's accounts after her death. Penza also addressed Camila's age and the dates, ownership, and possession of explicit photographs. Turning to DOS, she argued that threatened collateral release secured property, labor, and sexual acts, and addressed the sex-trafficking allegations involving Nicole and Jay. Agnifilo urged jurors to assess each charge separately and challenged whether the alleged enterprise shared a common purpose. He disputed Raniere's connection to several alleged acts, the labor purpose of Daniela's confinement, and the identity-theft and tax theory involving Cafritz's accounts. He acknowledged Raniere's involvement in the Marianna keylogging and his substantial role in creating DOS, while disputing the prosecution's broader conclusions. He cited departures from DOS without collateral releases to contest extortion and challenged proof of commercial sex caused by force, fraud, or coercion. These were closing arguments, not additional testimony or jury findings. The court recessed with the defense closing unfinished and announced plans for its completion, rebuttal, and jury instructions the next day.

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