Day 26 - June 17, 2019
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
2. Closing Argument — Prosecution
In the prosecution’s closing argument on Day 26, Moira Kim Penza urged guilty verdicts on all counts, reviewing evidence concerning Raniere’s inner circle, Daniela, Camila, and DOS.
Highlights
Closing Argument - ProsecutionotherPenza connected Daniela's border crossing, confinement, letters, and withheld birth certificate to the identity-theft and labor-trafficking racketeering allegations.Closing Argument - ProsecutionotherThe prosecution assembled its argument concerning Camila's age, the dates and ownership of explicit photographs, and the defendant's possession of those images.Closing Argument - ProsecutionotherAfter lunch, Penza argued that threatened collateral release, branding, and restrictions on daily life supported the DOS extortion and forced-labor allegations.Closing Argument - Prosecution“Regardless, what matters at the end of the day is not what the defendant actually intended to release or not release collateral, what matters is the defendant knew the victims believed their collateral could be released. That is where the power lies.”— Moira Kim PenzaStates the prosecution's central argument about how collateral operated as coercion.
3. Closing Argument — Defense (Part 1)
Marc Agnifilo challenged the alleged enterprise and DOS-related charges in the defense closing, which remained unfinished when the court recessed.
Highlights
Closing Argument - DefenseotherAgnifilo challenged whether the alleged enterprise had a common purpose, contrasting NXIVM's business activities with his characterization of DOS as a noncommercial social group.Closing Argument - Defense“Common purpose. Two words. It will be the heart of what I think you have to decide when you decide is there an enterprise, is there a common purpose.”— Marc AgnifiloIdentifies the defense's central challenge to the alleged racketeering enterprise.Closing Argument - DefenseotherThe defense cited departures from DOS without collateral releases to dispute extortion and argued that the government had not established commercial sex caused by force, fraud, or coercion.