Keith Raniere is apparently worried that his high-powered defense team – and his own ability to persuade people not to believe the reality of what they see and hear – may not be enough to convince twelve randomly-selected people that he is an innocent man.
Raniere – who is now the proverbial “last man standing” in the case of the U.S. v. Raniere Et Al – recently made a motion to suppress “the images seized from device DSCV_00000061, including the images the government alleges to be child pornography”.
The images in question are of a then-15-year old girl with whom Raniere was having sexual relations at the time. She is referred to in the prosecution’s filings as Jane Doe 2.
According to earlier filings in the case, the images – which show the girl in 15 different nude poses – were found on a backup hard-drive that was seized from the 8 Hale Drive townhouse one day after Raniere’s arrest.
They were in a folder labeled “BACKUPS” – which strongly suggests that there are copies of the images in at least one other location.
In addition to the images of Jane Doe 2, that same folder also had nude images of Lauren Salzman and Kathy Russell.
Some of the images show all three women in the same poses.
All of them were apparently taken sometime around 2005.
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In conjunction with his latest Motion To Suppress, Raniere’s lead attorney, Marc Agnifilo, also filed a Memorandum-of-Law and two Affidavits.
As of right now, the Memorandum-of-Law is not available on PACER.
It was rumored to have been taken down because it referred to several of the Jane Does by their actual names – which may have been an error on the part of Agnifilo or a deliberate attempt to intimidate the women.
We are anticipating that a redacted version will be posted later today – and will update this post if/when that occurs.
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Meanwhile, the Affidavits provide some insight into the arguments being made by Agnifilo and Raniere in support of the Motion To Suppress.
In his Affidavit, Agnifilo references “a true and correct copy of the Search and Seizure Warrant issued on March 26, 2018 by Magistrate Judge Daniel J. Stewart permitting agents to search the premises known and described as 8 Hale Drive, Halfmoon New York 12065”.
But the Search and Seizure Warrant, which is referenced as being attached to Agnifilo’s Affidavit, is also not available on PACER.
Agnifilo also whines about the fact that the prosecution has not yet provided him with “the search of the backup hard drive from which the child pornography was allegedly recovered”.
His whining continues as he makes the same point twice:
“As of the date of this motion, the government has not provided us with any such reports. In fact, when asked recently when we were going to get these reports, the prosecution stated that the reports were not completed but that the government would make the reports available when the FBI completed them”.
“Again, as of the writing of this motion, the government still has not provided these reports to us, despite the fact that we asked for them in open Court and in subsequent communications between the parties”.
Wah, Wahh, Wahhh…
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As pathetic as Agnifilo’s whining is, Raniere’s Affidavit is where the real giggles are to be found in this filing.
Raniere begins by noting that “the facts” set forth in his Affidavit are based on his personal knowledge.
He goes on to note that the 8 Hale Drive property is owned by Executive Housing & Properties, Inc. – and that the company has a place of business located at 455 New Karner Road in Albany, NY (That is, of course, also where the headquarters of NXIVM/ESP is located).
He then goes on to make the following claims:
– That 8 Hale Drive “has been utilized by me as a private study and, at various times since Executive Housing & Properties, Inc. bought it in 2004, as a place to live”.
– That 8 Hale Drive “contains my personal library of books, my notes, and other items of personal property”.
– That he has “always been within my legal rights to be at 8 Hale Drive, to keep my belongings at 8 Hale Drive, to sleep there, and I expect privacy in connection with my belongings”.
– That “though 8 Hale Drive was unlocked at most times, anyone who wanted to enter 8 Hale Drive would always ask my permission before entering the premises. There is no other person who has a greater right to be there or to use its premises”.
Raniere, of course, never explains what his relationship is to the company that owns the 8 Hale Drive property, Executive Housing & Properties, Inc.
Nor does he explain why he has any right to be there at all, let alone the greatest right to do so.
It’s probably not going to help Raniere’s argument that Executive Housing & Properties, Inc. was dissolved on October 28, 2009.
I guess he just forgot that “fact”.
And the company’s listed address was not 455 New Karner Road but rather 1843 Central Avenue in Albany, NY.
Another “fact” that Raniere forgot.
________________________________________
From the records of the New York Department of State/Division of Corporations:
________________________________________
Selected Entity Name: EXECUTIVE HOUSING & PROPERTIES, INC.
Selected Entity Status Information
Current Entity Name: EXECUTIVE HOUSING & PROPERTIES, INC.
DOS ID #: 2998267
Initial DOS Filing Date: JANUARY 09, 2004
County: ALBANY
Jurisdiction: NEW YORK
Entity Type: DOMESTIC BUSINESS CORPORATION
Current Entity Status: INACTIVE – Dissolution by Proclamation / Annulment of Authority (Oct 28, 2009)
Information to reinstate a corporation that has been dissolved by proclamation or annulment of authority by proclamation is available on the New York State Department of Taxation and Finance website at www.tax.ny.gov keyword TR-194.1 or by telephone at (518) 485-6027
Selected Entity Address Information
DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)
EXECUTIVE HOUSING & PROPERTIES, INC.
1843 CENTRAL AVE
NO. 145
ALBANY, NEW YORK, 12205
Chief Executive Officer
NANCY SALZMAN
PO BOX 1244
CLIFTON PARK, NEW YORK, 12065
Principal Executive Office
EXECUTIVE HOUSING & PROPERTIES, INC.
1843 CENTRAL AVE
NO. 145
ALBANY, NEW YORK, 12205
Registered Agent
NONE