5.Charles Fontanelli — Direct (Part 1)
554 linesMS. PENZA: Thank you, Your Honor.
The government calls Investigator Charles Fontanelli.
COURT CLERK: Please raise your right hand.
(Witness takes the witness stand.)
CHARLES FONTANELLI, called as a witness, having been first duly sworn/affirmed, was examined and testified as follows:
CHARLES FONTANELLI: I do.
COURT CLERK: Please have a seat.
Please state and spell your full name for the record.
CHARLES FONTANELLI: Charles Fontanelli. C-H-A-R-L-E-S, F-O-N-T-A-N-E-L-L-I.
THE COURT: You may inquire.
MS. PENZA: Thank you, Your Honor.
DIRECT EXAMINATION BY MS. PENZA:
MS. PENZA: Good afternoon, Investigator Fontanelli.
CHARLES FONTANELLI: Good afternoon, ma'am.
MS. PENZA: For whom do you currently work?
CHARLES FONTANELLI: New York State Police.
MS. PENZA: What is your title there?
CHARLES FONTANELLI: I'm an investigator.
MS. PENZA: Do you work with any other agencies?
CHARLES FONTANELLI: Yes, ma'am. I'm a task force officer with the Federal Bureau of Investigation.
MS. PENZA: And what does it mean to be a task force officer?
THE COURT: Could you just stay closer to the microphone.
CHARLES FONTANELLI: Yes, sir.
THE COURT: Thank you very much.
CHARLES FONTANELLI: Yes, sir.
THE COURT: Go ahead.
CHARLES FONTANELLI: To be a task force officer means you're designated as a federal agent on the background -- the FBI conducts a background investigation on you.
You're sworn in as a -- deputized as a federal agent and it allows you to work with the FBI.
MS. PENZA: And how long have you been a task force officer?
CHARLES FONTANELLI: A little over two years now.
MS. PENZA: And do you work with a specific squad of the FBI?
CHARLES FONTANELLI: I work with squad C2 in the FBI New York field office.
MS. PENZA: And what does squad C2 specialize in?
CHARLES FONTANELLI: Squad C2 investigates civil rights violations and hate crimes.
MS. PENZA: How long have you been with the New York State Police?
CHARLES FONTANELLI: I'm currently in my 13th year.
MS. PENZA: What did you do before that?
CHARLES FONTANELLI: Prior to joining the New York State Police, I was a New York City police officer for approximately two years. I was also a teacher for four years. I taught various grades and I ended up teaching sixth grade.
MS. PENZA: And are you -- I'm sorry -- Investigator Fontanelli, could you explain how you balance your responsibilities to the FBI and the New York State Police?
CHARLES FONTANELLI: Yeah, it's not always easy. I basically have a foot in both worlds. I work part time for the State Police and part time with the FBI.
In the New York State Police, I still have a lot of responsibilities and I manage that with the responsibilities that I have with the FBI.
MS. PENZA: Are you familiar with the criminal investigation into the defendant Keith Raniere and others?
CHARLES FONTANELLI: Yes, I am.
MS. PENZA: And when did you first join that investigation?
CHARLES FONTANELLI: In October of 2017.
MS. PENZA: And have you worked on that case on that -- how frequently have you worked on that case?
CHARLES FONTANELLI: Well, I have been working on it since October of 2017, but I work on it, you know, periodically from time to time.
Sometimes I'll have responsibilities with the New York State Police, so I'm not always available to work on the case, and at other times I'll focus on the case.
MS. PENZA: What types of investigative steps have you participated in as part of this investigation?
CHARLES FONTANELLI: I personally participated in search warrants, the execution of search warrants. Some arrests. Surveillance. Administrative responsibilities, as well as communicating with other law enforcement agencies in regards to the investigation.
MS. PENZA: Have you also visited locations of interest in the case?
CHARLES FONTANELLI: I have.
(Continued on next page.)
DIRECT EXAMINATION (Continued) BY MS. PENZA:
MS. PENZA: Are you familiar with a town called Clifton Park, New York?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: For those of us who are unfamiliar with upstate New York, is there a city that Clifton Park, New York is close to?
CHARLES FONTANELLI: Yes. Clifton Park is about a 30-minute drive north of Albany.
MS. PENZA: And is Clifton part New York near any other towns?
CHARLES FONTANELLI: Yes, Clifton Park is basically adjacent to the town of Waterford, Halfmoon, New York, and Colony is also in that area.
MS. PENZA: So when we discuss various locations of part of this case is it sometimes that the addresses will technically be in different towns but they are in various steps, that the addresses are in very close proximity to each other?
CHARLES FONTANELLI: That is correct.
MS. PENZA: What county are the locations we're going to be talking about located in?
CHARLES FONTANELLI: All of the locations are located in Saratoga County.
MS. PENZA: As part of this investigation, have you yourself visited Clifton Park, New York, and its nearby towns?
CHARLES FONTANELLI: Yes, ma'am, I have.
MS. PENZA: And so why is that?
CHARLES FONTANELLI: Well, it's important for an investigator to, at the start of an investigation, to visit the locations to get a good feel for the -- for the area and to visit the residences and the various areas of interest to see how close they are in relation to each other and just to see what's going on.
MS. PENZA: And was that important in this case?
CHARLES FONTANELLI: Yes, it was.
MS. PENZA: And why is that?
CHARLES FONTANELLI: On this particular investigation most of the areas of interest were very -- in very close proximity to each other so it was important to just see -- you know, to see that and just to get up there and to see the areas and the various locations.
MS. PENZA: Mr. Carby -- oh, I'm sorry.
Your Honor, at this time may I have a PowerPoint, please.
MS. PENZA: Mr. -- Investigator Fontanelli?
CHARLES FONTANELLI: All right. It's on.
MS. PENZA: Thank you, Your Honor.
We can publish to the jury.
(Government's Exhibit Number 176 is published to the jury.)
MS. PENZA: This is the --
MS. PENZA: All right -- I'm sorry. Once I show it -- this is already in evidence as Government's Exhibit 176.
THE COURT: Okay.
MS. PENZA: Is this a PowerPoint that you're familiar with, Investigator Fontanelli?
CHARLES FONTANELLI: Yes, I am familiar with this PowerPoint.
MS. PENZA: And can you just describe generally what the PowerPoint is?
CHARLES FONTANELLI: This PowerPoint describes the locations of the various areas of interest in this investigation. In this particular slide here -- oops.
MS. PENZA: And I will have you identify a particular slide in a second. But does the PowerPoint itself contain photographs of various locations?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: And who took those photographs?
CHARLES FONTANELLI: Myself and Special Agent Michael Weaver.
MS. PENZA: For every one of the locations that we're going to look at, have you yourself visited those locations?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: And the PowerPoint presentation that is Government's Exhibit 176 does it fairly and accurately depict the proximity of various locations to each other?
CHARLES FONTANELLI: Yes, it does.
MS. PENZA: And as we go through the PowerPoint I'm not going to ask you to explain the significance of each of the locations, okay?
CHARLES FONTANELLI: Okay.
MS. PENZA: But as a general matter, is it fair to say that we're going to be identifying a number of locations where members of NXIVM lived or interacted with each other?
CHARLES FONTANELLI: That's correct.
MS. PENZA: Let's start with Slide 1. What does this depict?
CHARLES FONTANELLI: This particular slide to the left you have two residences that were involved in this investigation, 13 Twilight Drive which is located in the town of Clifton Park and 557 Englemore Road, which is also located in Clifton Park.
At the bottom of this slide, you have a 455 and 457 New Karner Road, which are located in Albany, New York, that was the NXIVM headquarters and corporate offices.
In the center of the screen there's a yellow circle which contains 17 properties were which also significant in the investigation.
MS. PENZA: And then if we turn to the next slide, what does this circle represent -- this circle that was added represent?
CHARLES FONTANELLI: This circle represents out of all the previous locations that we just addressed, are located within is 5.4-mile radius of each other.
MS. PENZA: Moving to Slide 3, what is indicated on Slide 3 regarding the -- the 17 properties circled?
CHARLES FONTANELLI: This slide represents that all 17 properties within that circle are located within a 1.3-mile radius of each over.
MS. PENZA: And then the next slide, does this slide depict those 17 properties that we have seen -- that were previously indicated in the smaller circle?
CHARLES FONTANELLI: That's correct.
MS. PENZA: Now, can you just describe -- there is an area on this map called Knox Woods. Can you describe what that is?
CHARLES FONTANELLI: Knox Woods is a community within the Clifton Park area, Halfmoon, New York, area. It's a series of townhouses. They're -- they're basically like garden apartments. They're two store. Most of the units are connected and located within clusters throughout the property.
MS. PENZA: And as a more general matter, can you just describe what the area that we're looking on this map is like?
CHARLES FONTANELLI: Yes. This area is basically a suburban area, tree-lined streets. Most of the residences are single-family residences. And then Knox Woods is, like I said, they're multifamily-residences.
MS. PENZA: And are a lot of those attached like townhomes attached to each other?
CHARLES FONTANELLI: That's correct.
MS. PENZA: And so what is depicted in this next -- in Slide 5?
CHARLES FONTANELLI: In this slide you have a street sign there for Knox Woods. You see that at the entrance of the community. And then you have a circle in the middle of the slide. Those Knox Woods locations are located within that circle and all of those properties are located within a .2-mile radius of each other.
MS. PENZA: Okay. So now let's walk through the Knox Woods property that we're going to talk about.
Is this an overview of the Knox -- the Knox Woods area?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: So what is on this next slide, Slide 7?
CHARLES FONTANELLI: This particular slide here shows a street sign for Generals Way. That's a street located within the community of Knox Woods.
MS. PENZA: And the next slide?
CHARLES FONTANELLI: This particular slide shows a residence located on Generals Way within Knox Woods. That residence is Number 7, and as you can see the Number 7 is highlighted which was above the garage door in the photo.
MS. PENZA: Okay. The next slide.
And can you tell us what street this is?
CHARLES FONTANELLI: This particular street is Grenadier Court, which is also located within the community of Knox Woods.
MS. PENZA: And turning to the next slide can you explain what this is?
CHARLES FONTANELLI: This is a wide shot of a -- the townhomes are located at -- on Grenadier Court. As I was saying, they're mostly garden apartments, two stories, and there's multiple units within -- within that building.
MS. PENZA: Okay. And so the address that's located there is 127 Grenadier Court. Can you just identify generally in that long row where 127 would be.
You can actually circle with your finger.
CHARLES FONTANELLI: Sure.
127 would be back here in this corner (indicating).
MS. PENZA: Okay. And is this next slide that I just moved to, Slide 11, does that indicate where you had just indicated with your finger?
CHARLES FONTANELLI: Yes. That's a closer shot of the door to 127 Grenadier Court.
MS. PENZA: I know that the print is a little bit small, but can you tell what the next -- next slide is?
CHARLES FONTANELLI: On this particular slide again it's a street sign. It's for Wilton Court, a street located within the Knox Woods community.
MS. PENZA: And the next slide, can you describe what this is?
CHARLES FONTANELLI: This is a picture of a building located on Wilton Court. Again, there's multiple residences in this building.
MS. PENZA: And where it says 12 Wilton Court can you circle when you look at this long row where 12 Wilton would be?
CHARLES FONTANELLI: Sure (indicating). This door here is the entrance to 12 Wilton Court.
MS. PENZA: And is this a close-up of 12 Wilton Court?
CHARLES FONTANELLI: That is correct.
MS. PENZA: And the 12 is pulled out and highlighted?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: Okay. And can you tell us what thing street is?
CHARLES FONTANELLI: This street sign, again, is located within the community of Knox Woods. This is the street sign for Flintlock Lane.
MS. PENZA: Okay. And turn to the next slide. Can you explain what this is?
CHARLES FONTANELLI: This is a group of residences located on Flintlock Lane. There are three particular residences of interest. 1, 2, and 3 and this is a photo of all three residences.
MS. PENZA: Okay. I'm going left to right. Can you just tell us which numbers they would be?
CHARLES FONTANELLI: Sure. Showing on the far left is the residence with the vehicle in the driveway. That's Number 1.
The next residence to the right is Number 2.
And then to the right of two is Number 3 Flintlock Lane.
MS. PENZA: Okay. And then is this -- I know that there's a tree kind of obscuring it, but is this a close-up of Number 1 Flintlock Lane?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: And the one is highlighted?
CHARLES FONTANELLI: That's correct.
MS. PENZA: And then is -- what is the next picture?
CHARLES FONTANELLI: The next picture is Residence Number 2 Flintlock Lane.
MS. PENZA: And was the number sign visible from where you took the picture?
CHARLES FONTANELLI: No, it wasn't.
MS. PENZA: You don't have a cull out as Number 2?
CHARLES FONTANELLI: That's correct, there's no two in the picture, but that Number 2 Flintlock Lane.
MS. PENZA: And then the next -- the next one?
CHARLES FONTANELLI: That's the far right. That's Number 3 Flintlock Lane you can see the Number 3 above the door there.
MS. PENZA: Okay. What is the next street sign that you can see?
CHARLES FONTANELLI: Again, this is another street sign within the Knox Woods community. This particular street sign is for Hale Drive.
MS. PENZA: And so what is the next slide?
CHARLES FONTANELLI: This particular slide is a -- is a wide shot of 3 Hale Drive of the residences on Hale Drive, one of which is three.
MS. PENZA: Okay. And is this a close-up of 3 Hale Drive?
CHARLES FONTANELLI: That's correct.
MS. PENZA: I'm sorry, I should have asked you on the previous one.
Can you identify where three is on the wider shot?
CHARLES FONTANELLI: I believe this is three here (indicating).
MS. PENZA: Showing you Slide 23 of Government's Exhibit 176. Can you describe what this is?
CHARLES FONTANELLI: Again, this is a building on Hale Drive. It's made up of multiple units.
MS. PENZA: And what is the location of -- what is one of the lotions of interest in the complex?
CHARLES FONTANELLI: Number 8 Hale Drive, which is the end unit.
MS. PENZA: And can you circle that with your finger, please?
CHARLES FONTANELLI: Sure (indicating).
MS. PENZA: And is this a closer view of 8 Hale Drive?
CHARLES FONTANELLI: Yes, ma'am. There you can see the Number 8 above the door.
MS. PENZA: And then for the last property that we're going to talk about in Knox Woods, can you tell us what this street sign is?
CHARLES FONTANELLI: This is a street sign again within the Knox Woods community. This particular street sign is for Victory Way.
MS. PENZA: And can you describe -- now we've moved on to the next slide and it says 120 Victory Way. Can you explain what this wide shot is?
CHARLES FONTANELLI: This wide shot, again, the building on Victory Way, multiple apartments, one of which is 120 Victory Way.
MS. PENZA: And can you explain where 120 is?
CHARLES FONTANELLI: Sure. The entrance to 120 would be back here behind these bushes (indicating).
MS. PENZA: Thank you. And is that a closer view of the bushes?
CHARLES FONTANELLI: That's correct.
MS. PENZA: Okay.
And then is this a closer view of what you were describing behind the bushes?
CHARLES FONTANELLI: Yes, ma'am. That's the entrance to 120 Victory Way.
MS. PENZA: And that 120 is a cull-out of what's located on the side of the door?
CHARLES FONTANELLI: That's correct.
MS. PENZA: Turning back in the wider shot and coming a bit little bit out of Knox Woods, what does the next picture indicate?
CHARLES FONTANELLI: The next picture indicates 21 Lake Road and there you see a photograph of the mailbox located at 21 Lake Road in the town of Waterford.
MS. PENZA: And is this 21 Lake Road?
CHARLES FONTANELLI: That is correct.
MS. PENZA: Have you been there?
CHARLES FONTANELLI: I have.
MS. PENZA: And who lived there?
CHARLES FONTANELLI: That's a residence of Warren Salzman.
MS. PENZA: Turning to the next picture, what is this?
CHARLES FONTANELLI: This is a street sign for a street located just outside of Knox Woods called Oregon Trail.
MS. PENZA: And I'm sorry, I just should have confirmed. You've been inside 21 Lake Road; is that correct?
CHARLES FONTANELLI: Yes, ma'am, I've been inside.
MS. PENZA: And then I'm sorry turning to -- oh, you said you mentioned the street sign for Oregon Trail and I'll move on to the next slide.
And what does this picture depict?
CHARLES FONTANELLI: This picture depicts a residence located on Oregon Trail, it's Number 3 Oregon, and that's the -- the front of the photo you can see the mailbox for that residence.
MS. PENZA: And have you been inside that house?
CHARLES FONTANELLI: I've also been inside this residence.
MS. PENZA: And whose residence was that?
CHARLES FONTANELLI: This residence belongs to Nancy Salzman.
MS. PENZA: And we'll talk about this is little bit later in your testimony, but why were you in Nancy Salzman's house?
CHARLES FONTANELLI: This particular location was a location where we conducted a search warrant.
MS. PENZA: Turnings to the next slide, is this another view of 3 Oregon Trail?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: Turning to next slide, what is this?
CHARLES FONTANELLI: This is a secondary residence located on Oregon Trail. This is Number 21 Oregon Trail, which is located just done the block from Number 3.
MS. PENZA: Can you read this street sign?
CHARLES FONTANELLI: This is a street sign for Milltowne Drive which was located in Waterford, New York.
MS. PENZA: And even though it's located in Waterford, is it very close to the residences we've just been looking at?
CHARLES FONTANELLI: It's very close. I think like a 3-minute drive.
MS. PENZA: Turning to next picture. What is this?
CHARLES FONTANELLI: This is a residence located on Milltowne Drive. That's Number 9 Milltowne Drive. You can see the nine culled out there on close proximity to the garage.
MS. PENZA: Okay. May I -- may I have the Elmo for a second, Your Honor?
THE COURT: Sure.
MS. PENZA: And showing you what is -- I'm showing you what is already in evidence as Government's Exhibit 365. Are you familiar with Government's Exhibit 365?
CHARLES FONTANELLI: Yes, I am.
MS. PENZA: And what are these?
CHARLES FONTANELLI: These are documents that were received from an individual by the name of Franca DiCrescenzo, who we served a subpoena on to receive these documents.
MS. PENZA: And what is Franca DiCrescenzo's profession?
CHARLES FONTANELLI: She a real estate agent in the Albany area.
MS. PENZA: And to your knowledge does she handle a lot of real estate transactions for individuals and activities associated with NXIVM?
CHARLES FONTANELLI: That's my understanding.
MS. PENZA: So looking at Government's Exhibit 365, did Ms. DiCrescenzo provide you with any documents related to 9 Milltowne Drive, the house we just looked at?
CHARLES FONTANELLI: Yes, she did.
MS. PENZA: I'm going to walk through a few of those documents. This document isn't Bates Numbered but I'll show you what is somewhere in the middle of Government's Exhibit 365. And at the top of this document it says -- can you see that it says spreadsheet page?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: And how would you describe this document?
CHARLES FONTANELLI: This is basically is description of the residence located on -- at 9 Milltowne Drive.
MS. PENZA: And is that 9 Milltowne Drive there in the middle where it says address?
CHARLES FONTANELLI: That is correct.
MS. PENZA: And is it the picture of 9 Milltowne Drive?
CHARLES FONTANELLI: Yes, it is.
MS. PENZA: And does it describe whether 9 Milltowne Drive has a basement?
CHARLES FONTANELLI: Yes, it does here on the printout says that it has a full basement.
MS. PENZA: Okay. Can you circle that, please?
CHARLES FONTANELLI: Yes, ma'am (indicating).
MS. PENZA: Thank you.
I'm now showing you a document from Government's Exhibit 365. That has a header Brookfield Place Homeowner's Association, Inc. Do you see that?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: And it has a date of July 30, 2018?
CHARLES FONTANELLI: That's correct.
MS. PENZA: And it's a message about lawn maintenance needed and weeding; is that right?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: And it's related to 9 Milltowne Drive?
CHARLES FONTANELLI: Correct.
MS. PENZA: And this is addressed to -- can you read the name of the company that this is addressed to?
CHARLES FONTANELLI: This is addressed to Stinka, LLC.
MS. PENZA: I'm now showing you also from Government's Exhibit 365, a document that has at the top contract for purchase and sale of real estate.
Do you see that?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: And does this identify a property to be sold in the Number 2 box?
CHARLES FONTANELLI: Yes, it does. It identifies 9 Milltowne Drive.
MS. PENZA: And does it list the seller of that property?
CHARLES FONTANELLI: The seller of this particular property is Stinka, LLC.
MS. PENZA: And turning to the last page of that same -- of the same contract for purchase and sale of real estate is -- is there a signature for the seller at the end?
CHARLES FONTANELLI: Yes, there is.
MS. PENZA: And do you recognize that signature?
CHARLES FONTANELLI: I recognize that signature to be the signature of Nicole Clyne.
MS. PENZA: And is that document dated?
CHARLES FONTANELLI: That document is dated August 24, 2018.
MS. PENZA: I'm showing you a document from Government's Exhibit 365 that's titled New York State Disclosure Form for Buyer and Seller.
Do you see that?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: I'm turning to the last page of that -- turning to the last page of that document. Does that have a signature of the seller on there?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: And is that same signature that you recognize?
CHARLES FONTANELLI: Yes. I recognize that signature to be Nicole Clyne. And above it you can see that the -- that she printed N. Clyne above where she signed.
MS. PENZA: Okay. I'm know showing you what is in evidence as Government's Exhibit 3 -- 369. Are you familiar with this document?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: And is this a deed selling 9 Milltowne Drive from one individual to Stinka, LLC?
CHARLES FONTANELLI: That's correct.
MS. PENZA: And turning to the second page, does it list the indenture between an individual and Stinka, LLC?
CHARLES FONTANELLI: Yes, it does, and it's dated the 14th day of April, 2017.
MS. PENZA: And does it say after Stinka, LLC a domestic limited liability company with an address of 9 Milltowne Drive Waterford, New York, 12188?
CHARLES FONTANELLI: That's correct.
MS. PENZA: I'm showing you what's in evidence as Government's Exhibit 368. Are you familiar with this document?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: And is this a document deeding 9 Milltowne Drive from Stinka, LLC to another individual?
CHARLES FONTANELLI: That is correct.
MS. PENZA: If you look at the same type of corresponding indenture is it between Stinka, LLC and another individual?
CHARLES FONTANELLI: That's correct and it's dated the 25th day of October 2018.
MS. PENZA: And if we look at the last page, it was signed?
CHARLES FONTANELLI: Again, signed by Nicole Clyne.
MS. PENZA: And it says Nicole Clyne, Member, correct?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: Now just before we turn back to the PowerPoint, did Ms. Decrescenzo provide the documents related to any other properties?
CHARLES FONTANELLI: Yes, she did.
MS. PENZA: And was one of those properties 8 Raleigh Drive?
CHARLES FONTANELLI: That's correct.
MS. PENZA: Showing you a document -- I'm showing you a subset of Government's Exhibit 365. And it has at the top of the page Capital Regional Listing Service Standard Form Contract for Purchase and Sale of Real Estate.
And does this, in the Number 2 box, list the property that's to be sold?
CHARLES FONTANELLI: Yes, ma'am, it does. It's states 8 Raleigh Drive, the town Clifton Park.
MS. PENZA: And does it list who the seller of that property is?
CHARLES FONTANELLI: It does. The seller is listed as Daniella Bergeron.
MS. PENZA: Do you know whether Daniella Bergeron goes by any other name?
CHARLES FONTANELLI: Yes. Daniella Bergeron is also known as Daniella Padilla.
MS. PENZA: And if we turn to the last page of the document, is it signed?
CHARLES FONTANELLI: Yes, ma'am. It's signed dated August 7, 2018. It's signed by Daniella Bergeron.
MS. PENZA: And is that Daniella Bergeron's signature there?
MS. PENZA: May we go back to the PowerPoint, Your Honor?
MS. PENZA: 37 can you describe what -- just to reorient ourselves, s we're still looking at the 17 properties area; is that correct?
MS. PENZA: And now, we're over where it says Apropos?
CHARLES FONTANELLI: That's correct.
MS. PENZA: And is this -- is this an image of Apropos?
CHARLES FONTANELLI: That is an image of Apropos located at 1475 U.S. Route 9 in the town of Clifton Park.
MS. PENZA: And have you conducted surveillance at Apropos?
CHARLES FONTANELLI: I have.
MS. PENZA: Turning to the next slide, can you describe what this is?
CHARLES FONTANELLI: This is a shopping center which is also located on U.S. Route 9. It's to the right of Apropos' and it's called Rome Plaza, and it's also located in the town of Clifton Park, New York.
MS. PENZA: And now moving to next slide, what is this?
CHARLES FONTANELLI: In this particular photo you see a street sign for Woodin Road also in the town of Clifton Park, New York.
MS. PENZA: I know it's -- again, there's a lot of trees, but is this an imagine of 1 Woodin Road?
CHARLES FONTANELLI: Yes, ma'am, that is.
MS. PENZA: And then the next image, what is this an image of?
CHARLES FONTANELLI: This is an image of a Sports Barn which is a building located a 130 New York Route 236 in the town of Halfmoon, New York.
MS. PENZA: And is this a larger image, a wider view of Sports Barn?
CHARLES FONTANELLI: That's correct.
MS. PENZA: Now, this is -- now, we're back to the overview slide that we looked at, at the beginning. And now -- now we're going to look at 455-57 New Karner Road, correct?
CHARLES FONTANELLI: That's correct.
MS. PENZA: Okay. And is this 455 New Karner Road?
CHARLES FONTANELLI: Yes, that's 455 New Karner Road in Albany, that's the NXIVM headquarters.
MS. PENZA: And what is this image of?
CHARLES FONTANELLI: That's a closer image of the front door of that location, 455 New Karner Road, says Executive Success Programs on the glass door.
MS. PENZA: And what is this sign?
CHARLES FONTANELLI: This is a parking sign just a few feet from the front door in the front parking lot. It's a sign that states that that particular parking spot is reserved for N. Salzman.
MS. PENZA: And is this 457 New Karner Road?
CHARLES FONTANELLI: That is correct. It's located in very close proximity of 455 that's a photo of 457 Karner Road.
MS. PENZA: And is this another angle of that building?
CHARLES FONTANELLI: Correct. That's another photo, different angle of the building in which you can clearly see the Number 457 in the upper right-hand corner.
MS. PENZA: Going back to the overview slide are we now going to look at 13 Twilight Drive?
CHARLES FONTANELLI: That's correct.
MS. PENZA: And what is this picture of?
CHARLES FONTANELLI: Here above this white vehicle is the street sign for Twilight Drive which is located in the town of Clifton Park, New York.
MS. PENZA: And what is this image?
CHARLES FONTANELLI: That is a photo of 13 Twilight Drive.
MS. PENZA: Now, going back to the overview again, are we now going to look at 557 Englemore Road?
MS. PENZA: Is this a street sign for Englemore Road?
CHARLES FONTANELLI: Yes. Again, here we took a photo of the street sign for Englemore Road.
MS. PENZA: And is this -- looking at this overview, is that Englemore -- is that the residence that we're going to look at?
CHARLES FONTANELLI: Correct. That circle and the photo is around the residence which we're speaking about.
MS. PENZA: And is this 557 Englemore Road, this image?
CHARLES FONTANELLI: That is correct.
MS. PENZA: May I have the Elmo for a second, Your Honor?
MS. PENZA: I'm showing you what is in evidence as Government's 370. Are you familiar with this document?
CHARLES FONTANELLI: Yes, I am.
MS. PENZA: And is this a deed, deeding -- is this a deed referencing 557 Englemore Road?
CHARLES FONTANELLI: That is correct.
MS. PENZA: And it's transferring that property from another individual to whom?
CHARLES FONTANELLI: To Rosa Laura Junto De La Vega.
MS. PENZA: And does Rosa Laura Junto De La Vega generally go by Rosa Laura Junto?
CHARLES FONTANELLI: That's correct.
MS. PENZA: Turning to the second page is that Rosa Laura Junto's name again?
CHARLES FONTANELLI: That's correct.
MS. PENZA: And it says Rosa Laura Junto residing where?
CHARLES FONTANELLI: 21 Oregon Trail in Waterford, New York.
MS. PENZA: And is there a date on this document?
CHARLES FONTANELLI: Yes, ma'am, there is. It's dated April 2nd, 2014.
MS. PENZA: And I'm know showing you what's in evidence as Government's Exhibit 371. Are you familiar with this document?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: And is this is document from the New York State Department of State regarding Stinka, LLC?
CHARLES FONTANELLI: That's correct.
MS. PENZA: And is there an address with this to which the Department of State will mail the process listed on behalf of the entity?
CHARLES FONTANELLI: That's correct.
MS. PENZA: And what is the address for Stinka, LLC?
CHARLES FONTANELLI: The address is 557 Englemore Road in the town of Clifton Park, New York, 12065.
MS. PENZA: We're going switch directions now. You mentioned earlier as part of your investigation in this case you executed various searches, correct?
CHARLES FONTANELLI: That's correct.
MS. PENZA: And as part of that investigation were there searches on a number of e-mail accounts?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: I'm showing you what is already in evidence as Government's Exhibit 1399. Are you familiar with that?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: Okay. And is that a full copy of the e-mail account thebeacon2009@gmail.com as provided to the Government pursuant to the search warrant?
CHARLES FONTANELLI: Yes, that's correct.
MS. PENZA: And how can you identify this?
CHARLES FONTANELLI: I can identify it be my initials and by yesterday's date that I placed onto this particular exhibit.
MS. PENZA: I'm now showing you what's in evidence as Government's Exhibit 1401. Are you familiar with this?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: And how can you identify it?
CHARLES FONTANELLI: Again, I could identify it by my initials and the date at the bottom of the exhibit.
MS. PENZA: And does this CD contained as Government's Exhibit 1401 contain a full and true and correct copy of the search warrant return provided by Google for the oakhaven.haven@gmail.com account?
CHARLES FONTANELLI: That's correct.
MS. PENZA: I now want to direct your attention to March 27, 2017 -- 2018, rather. Did you participate in the execution of a search warrant on any property on that date?
CHARLES FONTANELLI: Yes, I did. I participated in a search warrant which was executed at the residence of Nancy Salzman located at 3 Oregon Trail in the town of Clifton Park, New York.
MS. PENZA: And when you went to -- when you went to the house, was Nancy Salzman present?
CHARLES FONTANELLI: Yes, she was.
MS. PENZA: Can you describe the general procedure for conducting the search of a residence?
CHARLES FONTANELLI: Sure. Generally before we can conduct a search warrant we'll have a brief on close proximity to the residence prior to going to the residence. This particular day we -- we had a brief at -- in the parking lot of a diner which was located a short drive from the residence. At the brief we discussed, you know, officer safety which is our main concern. We also discussed the parameters of the search warrant and the evidence that we're looking to collect.
MS. PENZA: Did you have a specific role on the date of the execution of this search on 3 Oregon Trail?
CHARLES FONTANELLI: On that particular day, I assisted Special Agent Michael Weaver and I was -- I was the photographer for the day.
MS. PENZA: And can you just describe the general procedure for photographing -- that takes place when you photograph a property when you're executing a search warrant on it?
CHARLES FONTANELLI: Yes, ma'am. Generally when we get in the residence we'll take exterior photos of the residence prior to entering. As we enter the residence we'll take photos going in and then we'll photograph each room within the residence prior to the search being conducted.
After the search is conducted we'll take photographs of any evidence that we want to document and then we'll take exit photos to show the condition of the house on our way out.
MS. PENZA: I'm showing you what's already in evidence as Government's Exhibit 180.
Are you familiar with this?
CHARLES FONTANELLI: This particular exhibit contains the photos that were secured from the search warrant that day. I recognize my initials and the date at the bottom.
MS. PENZA: Did you select a certain number of those -- this is full set of photographs, but did you select a certain number to show to the jury?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: May I have the PowerPoint, Your Honor?
MS. PENZA: Okay. The first two slides I'm just going to skip back and forth between them. What do those two slides represent?
CHARLES FONTANELLI: These two slides represent a plaque that we took a photograph of prior to taking any photos at the scene. It documents the date, which was March 27, 2018. It has the case identification number, which is blacked out in this photo. It listed the photographer, myself. That's Peter Fontanelli and it identifies the location of 3 Oregon Trail, Waterford, New York, 12188.
MS. PENZA: And so why were there two of those in this instance?
CHARLES FONTANELLI: In this instance there's two plaques because we use two disks. We took so many photos that the first disk filled up. So when we rewrote it with the second disk before we took any photographs we took an additional photo of the plaque.
MS. PENZA: Turning to the slide can you describe what this is?
CHARLES FONTANELLI: This is the exterior of 3 Oregon Trail, the residence in which we conducted the search warrant.
MS. PENZA: And can we see the Number 3 there by the garage?
CHARLES FONTANELLI: Yes, you can see the Number 3 indicated on the pillar next to the garage in this photo.
MS. PENZA: And is this the view inside the garage?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: And was there anything -- anything of note in the bins?
CHARLES FONTANELLI: In those particular bins up on the shelves here we looked through them. The only item of note was there was quite a large number of Forbes magazines contained in those particular bins.
MS. PENZA: Forbes magazine that contained articles about -- not about this case, rather, but about NXIVM?
CHARLES FONTANELLI: That's correct.
MS. PENZA: And can you describe what this picture shows?
CHARLES FONTANELLI: This is a -- this is a picture of the hallway as you enter the residence. It leads from the front door and this is the view.
MS. PENZA: Okay. So what room are we looking into from this view?
CHARLES FONTANELLI: Straight down the hall in the rear of the residence you can see that's the kitchen.
MS. PENZA: And then what is this view?
CHARLES FONTANELLI: When you come in the front door down that hallway this room is directly to your left, I believe it's a den.
MS. PENZA: And is that a piano in that picture?
CHARLES FONTANELLI: Yes, ma'am. There's a large piano in that room.
MS. PENZA: Okay. And what is the image?
CHARLES FONTANELLI: Again, it's that hallway this time looking to the right. That's a library. You walk through those French doors, there's bookshelves with multiple books.
MS. PENZA: And can you describe the next view?
CHARLES FONTANELLI: This is a photo of the kitchen looking into the den and to the right of those pillars there's a sitting area with couches.
MS. PENZA: And is this the opposite view of the kitchen?
CHARLES FONTANELLI: That's correct, that's the opposite view of the kitchen. Through those doors there's a small hallway which would lead to additional rooms.
MS. PENZA: And then is this another picture of this island in the middle of the kitchen?
CHARLES FONTANELLI: That's correct.
MS. PENZA: And are there computers visible?
CHARLES FONTANELLI: Yes, there are.
MS. PENZA: Can you circle them, please.
CHARLES FONTANELLI: (Witness complies.)
MS. PENZA: Thank you.
Now, were there -- did the FBI have any special techniques brought in for identifying electronics?
CHARLES FONTANELLI: Yes. They have a canine, a dog that could search for computer items somehow. It's pretty amazing.
But on this particular search we did have that canine available to us.
MS. PENZA: And was there also -- were there a number of electronic devices recovered from the search?
CHARLES FONTANELLI: There were quite a number.
MS. PENZA: And did you also bring in a special part of the FBI to help process that, those electronic devices?
CHARLES FONTANELLI: Yes. When we realized the large volume of electronic devices, which were located in the residence we made a request to the New York field office and a member of their evidence team responded to help us process the scene.
MS. PENZA: And I'm showing you Slide 66, essentially a combined PowerPoint.
What is depicted in this picture?
CHARLES FONTANELLI: That's a picture of an Apple computer, I believe it's MacBook Air.
MS. PENZA: And why does it have a number -- can you explain hat it means that it has a number next to it?
CHARLES FONTANELLI: Sure. Throughout the search warrant each piece of evidence when it's located it's given an evidence number. This particular piece of evidence is Number 13.
MS. PENZA: Your Honor, may I approach the witness?
THE COURT: Yes, you may.
MS. PENZA: Investigator Fontanelli, can you take a can look at this and tell me what it is?
CHARLES FONTANELLI: This is evidence Number 13. This is the Apple MacBook which we seized from the home of Nancy Salzman. It's the same MacBook which you see in this picture here.
MS. PENZA: And I note, Your Honor, it's marked as Government's Exhibit 205 for identification.
MS. PENZA: And does it actually have the Number 13 on the back?
CHARLES FONTANELLI: Yes, it actually has the Number 13 here (indicating). It tells you the room we secured it from, the kitchen, specifically the counter. It tells you a description of the piece of evidence that we're collecting. In this particular instance it's Apple MacBook Pro Air. It will be the serial number of the item. It tells who it was collected by and it gives another identification down here. When we bring it back to the field office this particular number is assigned to the piece of evidence.
MS. PENZA: And Investigator Fontanelli, can I ask you to take the piece of equipment outside of the bag and show it to the jury?
CHARLES FONTANELLI: (Witness complies.)
MS. PENZA: Thank you.
And this is the same computer that's in this photograph?
CHARLES FONTANELLI: That is correct.
MS. PENZA: And you mentioned that there is a special unit of the FBI that processes the electronic devices?
CHARLES FONTANELLI: That's correct.
MS. PENZA: And showing you what are already in evidence as Government's Exhibit 1463, 1464, 1465, 1466, 1467, 1469, and 1472.
Have you seen these documents? I'll show you the Exhibit Number. Have you seen these documents?
CHARLES FONTANELLI: Yes, ma'am.
MS. PENZA: And are these documents that were recovered from the computer that we just looked at?
CHARLES FONTANELLI: That's correct.
MS. PENZA: May I have the PowerPoint back, Your Honor, please.
MS. PENZA: Continue with our walk-through.
Can you describe what we see here?
CHARLES FONTANELLI: This is, again, we're back at Nancy Salzman's residence. This is a sitting room to the rear of the kitchen and this angle is looking out at the rest of the house.
MS. PENZA: And is that -- in the left-hand side of this photo, is that a table?
CHARLES FONTANELLI: Correct. That's the table there and there's chairs around the table.
MS. PENZA: And have you reviewed videos of the defendant in this case where he is sitting at that table?
CHARLES FONTANELLI: Yes, I have.
MS. PENZA: And where would he typically sit?
CHARLES FONTANELLI: On the video that I reviewed, he was sitting here in this particular seat (indicating).
MS. PENZA: So with the pillar behind him?
CHARLES FONTANELLI: Correct.
MS. PENZA: And can you describe this view?
CHARLES FONTANELLI: This is in the same location, but instead of looking out, you're looking to the right.
At the far end of the room there, you can see the piano.
MS. PENZA: And so what is this room --
CHARLES FONTANELLI: This room --
MS. PENZA: -- and how did we get here?
CHARLES FONTANELLI: From the kitchen. When you enter that small hallway, it leads you to this particular room. It was some type of photography studio or movie studio.
MS. PENZA: And is this another image from that studio?
CHARLES FONTANELLI: That's correct. That's the stage there, and it's located within that room.
MS. PENZA: And then what does this photo indicate?
CHARLES FONTANELLI: This is a stairway leading to the basement.
MS. PENZA: And then is this in the basement?
CHARLES FONTANELLI: That's correct. When you come to the bottom of the stairs if you make a right, you come to this large room, and that's an accurate picture of it.
MS. PENZA: Okay. On the left-hand side of this photo, can you describe what you see?
CHARLES FONTANELLI: There's various photos of the defendant hanging on the wall here.
MS. PENZA: Can you explain what this room is?
CHARLES FONTANELLI: This was an office located at the rear of that room. There's double doors that led into that office.
MS. PENZA: And what is this?
CHARLES FONTANELLI: This was a white board located in that office.
MS. PENZA: What is this room?
CHARLES FONTANELLI: This is a room that was in close proximity to the office. Again, off that main room in the basement, there was another room and this is a picture of that.
MS. PENZA: Was anything recovered from this room?
CHARLES FONTANELLI: Located in this room, we located a box of documents.
MS. PENZA: And can you describe -- is this the same -- is this another picture of the same room?
CHARLES FONTANELLI: That's the same room taken from a different angle.
MS. PENZA: And can you describe generally where the box of documents was recovered from?
CHARLES FONTANELLI: You can't see in this particular picture, but if you came in the room from the front door, that table and chairs would be your left, and directly on the floor to your right there was a box of documents which we located.
MS. PENZA: Turning to the next slide. Can you describe what we see here?
CHARLES FONTANELLI: In this particular photo you can see that box of documents that I was referring to to the right of the door. It's labelled as Evidence Number 4.
MS. PENZA: And is this a closer-up photo?
CHARLES FONTANELLI: That's a close-up photo of the box.
MS. PENZA: Okay. And then what is this?
CHARLES FONTANELLI: Those are just photos of the -- within this box, there was various folders labeled of individuals' names, and that's just a photo of the labels.
MS. PENZA: Did you do a cursory look at the box?
CHARLES FONTANELLI: Yes, I did.
MS. PENZA: Okay. And were there any folders that you immediately recognized or did you recognize names?
CHARLES FONTANELLI: Yes. There was -- within this box the various folders were labeled with different politicians' names along with the individuals associated with the organization NXIVM.
MS. PENZA: All right. And did you do an in-depth review of the box?
CHARLES FONTANELLI: No, I didn't.
MS. PENZA: And was the task of actually analyzing the documents within the box, did other agents handle that?
CHARLES FONTANELLI: Yes. There was an in-depth analysis of the photos conducted by my colleagues.
MS. PENZA: Okay.
MS. PENZA: Your Honor, may I approach the witness?
THE COURT: Yes, you may.
BY MS. PENZA:
MS. PENZA: Investigator Fontanelli, I'm showing you what is already in evidence as Government's Exhibit 204. Are you familiar with this?
CHARLES FONTANELLI: Yes. This is the box that we located in that room in Nancy Salzman's house.
MS. PENZA: And the same as with the computer that we just looked at, does it have the same type of labeling as the computer did indicating where you found it and what the item number was?
CHARLES FONTANELLI: Yes. This -- this particular evidence tag indicates that this piece of evidence is Item Number 4. It was located on the lower floor of the residence at 3 Oregon Trail on 3/27/2018.
MS. PENZA: And I'll just ask you to open it up.
And is it in substantially the same condition as it was when you first recovered it?
CHARLES FONTANELLI: Yes, it is.
MS. PENZA: Your Honor, may I have the Elmo, please.
BY MS. PENZA:
MS. PENZA: I'm just going to go through some of the file folders.
Okay. Can you read the name of this file folder, please?
CHARLES FONTANELLI: Stephen Herbits.
MS. PENZA: Okay. And can you read the name of this file folder, please?
CHARLES FONTANELLI: Edgar Bronfman.
MS. PENZA: Can you read the name of this file folder?
CHARLES FONTANELLI: Roger Stone.
MS. PENZA: Can you read the name of this file folder?
CHARLES FONTANELLI: Rick Ross.
MS. PENZA: Can you read the name of this file folder?
CHARLES FONTANELLI: Charles Schumer.
MS. PENZA: Can you read the name of this file folder?
CHARLES FONTANELLI: Frank Parlato.
MS. PENZA: Can you read the name of this file folder?
CHARLES FONTANELLI: David Soares.
MS. PENZA: Can you read this file folder?
MS. PENZA: I'm just going to open up this one for a second. I'm going to block it because these haven't been redacted yet.
But can you read what the WJC stands for?
CHARLES FONTANELLI: World Jewish Congress.
MS. PENZA: Can you read this one?
CHARLES FONTANELLI: Israel --
MS. PENZA: I'm sorry.
CHARLES FONTANELLI: -- Israel Singers.
MS. PENZA: Can you read this one?
CHARLES FONTANELLI: Toni Natalie.
MS. PENZA: Can you read that one?
CHARLES FONTANELLI: Juval Aviv.
MS. PENZA: Can you read this one?
CHARLES FONTANELLI: Malcolm Stevenson Forbes.
MS. PENZA: Can you read this one?
CHARLES FONTANELLI: Michael Freedman.
MS. PENZA: This one?
CHARLES FONTANELLI: George Hearst.
MS. PENZA: Can you read what this file folder says?
CHARLES FONTANELLI: It's an abbreviation for miscellaneous.
MS. PENZA: And again, I'm going to cover up, because some of these items haven't been redacted yet.
But within the miscellaneous folder, can you read that name?
CHARLES FONTANELLI: Mark Falk.
MS. PENZA: Can you read this name?
CHARLES FONTANELLI: Joseph L. Bruno.
MS. PENZA: Can you read that one?
CHARLES FONTANELLI: Eliot L. Spitzer.