He is not one of the highest paid attorneys in NYC for nothing.
Marc Agnifilo is now on the attack and he’s gunning for bear.
In his affirmation to the US District Court, filed November 16, 2018, Agnifilo claims an array of troubling things – including that the DOJ is refusing or delaying giving him evidence that will help his client – even though the law requires them to do so.
He has gone farther claiming the FBI attempted to get DOS slaves still loyal to Raniere to change their stories – something which, if the defense did that – might be construed as obstruction of justice or witness tampering.
[More about this in a future post.]
Perhaps the most extreme allegation is Agnifilo’s claim that one of the alleged victims of Raniere, a DOS slave referred to in the indictment as Jane Doe 5 [She is listed as Jane Doe 1 in the original criminal complaint] is not a victim after all.
Jane Doe 5 was the DOS slave of Allison Mack’s who allegedly was blindfolded and tied down naked in a shed.
According to the original complaint, Raniere allegedly led Jane to a house across the street, directed her to remove all her clothes, blindfolded her, led her through trees to a shack, where she was tied on a table. Another woman then began performing oral sex on her, as Raniere circled around the table commenting on her body. (Complaint at ¶ 45.)
Now Agnifilo is claiming this was not coercive. He suggests Jane Doe 5 wanted to do this “kinky” act and there is a witness who can corroborate this.
Agniflo wrote in his court filing, “As the only enumerated example of sexual activity within DOS, Ms. Mack allegedly assigned Jane Doe 5… to meet Raniere. .. The government alleged, ‘Jane Doe 5 did not want to participate in this sexual activity, but believed it was part of her commitment to DOS and that if she broke her commitment to DOS her collateral could be released.’ (Id.)”
Agnifilo goes on to write that a witness casts doubt on the government’s version.
He writes, ” I believe that another witness has informed law enforcement that Jane Doe 5 told the witness about the sexual experience referred to in the Complaint…. This witness told law enforcement that Jane Doe 5 told the witness that she (Jane Doe 5) was into ‘kinky’ stuff, like the rendezvous described in the Complaint. Jane Doe 5 went on to tell the witness that she apparently ‘fantasized’ about having an experience such as this and wanted to participate in it…. I believe it is also very possible that Jane Doe 5 has said similar things to the Government during their many proffer sessions. This would be clear Brady material if said….”
Brady material is any evidence the US Attorney is in possession of which might point towards a defendant’s innocence. Brady Material is based on precedent set in Brady v. Maryland, 373 U.S. 83 (1963).
Keep in mind however that the witness who purportedly told the government that Jane Doe 5 said she wanted to be tied up and blindfolded, is likely a NXIVM member. If so, remember that, for a NXIVM member, lying is considered highly ethical, if it protects the mission or Raniere.
This witness will likely be called to testify by the defense to try to impeach Jane Doe 5.
***
In the summer and early fall of 2017, I interviewed Jane Doe 5 prior to her going to the FBI.
In fact I was the one who first asked her to go to the FBI. The story she told me – over several interviews and several hours – is consistent with the DOJ’s version of events.
She described being coerced, intimidated and feeling forced to do a number of unsavory things. She spoke of threats Allison Mack made including some by text and emails.
She told me that it was not until she read the Frank Report in June 2017 revealing the existence of DOS that she felt safe to leave because the collateral of other women who left was not released.
Going back to the blindfold event – even if she did admit to having fantasies of this [I have no knowledge of this] that does mean she should have been coerced into it. Suppose she wanted to be blindfolded etc. in a safe and controlled environment and admitted it to Allison. That does not mean she wanted to do it with creepy Keith Raniere and an unknown woman – maybe Allison or Clare Bronfman.
If it is true that she admitted this “fantasy’, it might have been grotesquely altered by Mack and Raniere conspiring to create their own fantasy – perversely using her [while holding her collateral] as their ‘sex toy’.
I can imagine Raniere getting joy by using her own fantasy against her – to turn something she might have imagined would be pleasurable into something horrifying – as the threat of collateral might be released forced her to do it. Raniere might have altered her fantasy to one that was much darker and meaner with unfriendly participants. In other words, Raniere might have actively worked to make her fantasy a nightmare to fulfill his own sexual perversions.
Agnifilo points out that the blindfold act is the only enumerated sexual act in the indictment. Others may crop up at trial. These might help a jury understand more about Raniere and his claims of innocence.
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