Judge Nicholas G. Garaufis has denied Keith Raniere’s Rule 33 motion for a new trial.
The motion, filed in 2022, was based on a claim that the FBI falsified files, timestamps, folders, and metadata on a hard drive seized from his library to make it appear that photographs of a Mexican female, Camila, were taken by him in 2005 when she was 15.
In denying Raniere’s Rule 33 Motion, Judge Garaufis said he is “confident that the evidence demonstrates Mr. Raniere’s guilt” as to the child porn and exploitation charges.
Raniere’s primary argument that the metadata was falsified is expert reports by former FBI Forensic Examiner J. Richard Kiper and several other forensic experts Raniere retained after his conviction.
In response to these expert reports, the US Attorney for the Eastern District of NY submitted a Declaration by David Loveall II, a Senior Computer Scientist with the FBI who disputed Raniere’s experts’ findings.
Judge Garaufis found the Loveall Declaration “offers a far more plausible and convincing explanation of any anomalies in the photos’ metadata than Raniere’s expert reports.”
On June 19, 2019, Raniere was convicted of wire fraud conspiracy, forced labor conspiracy, sex trafficking conspiracy, two counts of sex trafficking, racketeering, and racketeering conspiracy.
His racketeering conviction was predicated on eleven acts, including child exploitation and possession of child pornography. These, by far the most explosive of charges in the case, were added shortly before trial after the FBI discovered 22 pornographic images of a minor in February 2019 while reviewing a hard drive.
Raniere argued in Rule 33 that a new trial is warranted because his forensic expert retained before the trial had insufficient time to analyze the metadata and that prosecutors covered up the FBI’s manipulation by soliciting false testimony during the trial.
Judge Garaufis, in his denial of Rule 33, pointed out that Raniere was aware of the metadata evidence soon after the FBI discovered the photographs on the hard drive.
His defense initially raised concerns about their ability to analyze the evidence in time for the trial, then scheduled for April 29, 2019.
The prosecution said it would consent to an adjournment. But Raniere did not want one.
Lead prosecutor, AUSA Moira Kim Penza offered Raniere several opportunities to adjourn the trial, which he declined.
On March 22, 2019, Raniere’s counsel represented that “even though the government has superseded the indictment,” Raniere was ready for trial and “request[ed] that the Court keep the dates for the current trial schedule.”
On April 4, 2019, Judge Garaufis asked Raniere’s counsel whether Raniere was “still be ready to go to trial.”
Raniere’s counsel acknowledged the DOJ was “very responsive” in allowing the defense’s forensic expert to examine the relevant evidence, and that Raniere would “be ready to go to trial.”
The trial began on May 7, 2019. The prosecutors introduced photographs of Camila and the allegedly falsified metadata to prove the child pornography and child exploitation predicate acts.
The prosecution also submitted further evidence, including:
Text messages from Camila to Raniere where she referenced her sexual relationship with him beginning in 2005 when she was 15.
Texts from Raniere referencing the photos.
Testimony from Camila’s sister Daniela that she was aware of the underage relationship.
A folder containing nude pictures of Camila also included photos of 11 adult women posed similarly. All 12 females were known to have had a sexual relationship with Raniere.
Testimony that Raniere sought to take similar pictures in similar poses of other women.
Camila’s medical records, which included her statement indicating she was in a sexual relationship with the same partner since she was underage.
Daniela identified Camila in a sanitized version of the photos.
Raniere’s counsel cross-examined FBI Senior Forensic Examiner Brian Booth about the photographic evidence, the hard drive, the camera card, the metadata, and the chain of custody of the digital evidence.
Booth acknowledged, although somewhat misleadingly as to the actual difficulty, that metadata could be altered.
Camila did not testify at trial.
After Raniere’s conviction, Camila submitted a sworn declaration affirming she was 15 when Raniere took the photographs.
Judge Nicholas Garaufis
Judge Garaufis wrote in his ruling denying the motion:
“Raniere ultimately seeks to have a new trial to challenge evidence that he previously stated he was ready to challenge, that he had the opportunity to challenge, and that he did in fact challenge during his trial. The jury found him guilty of the predicate acts at issue so he now attempts to manufacture ‘new evidence’ he argues would lead to his acquittal to receive a second bite at the apple. These are not extraordinary circumstances where a new trial is necessary to prevent a manifest injustice.”
“But the Defendant provides no persuasive argument that he could not have discovered this evidence with diligence, or that the evidence now in focus demonstrates manipulation or falsification of metadata that would support an acquittal.
“The motion also fails because Mr. Raniere cannot demonstrate that the purported newly discovered evidence would result in acquittal or otherwise demonstrate that a new trial is necessary to prevent a manifest injustice.”
“In sum, the court finds that the evidence is not newly discovered under Rule 33 and that, even if it was considered newly discovered, it would not ‘likely result in an acquittal.'”
Raniere can appeal the judge’s decision with the 2nd Circuit and provided his financial supporter Clare Bronfman is willing, it is likely to happen soon.
Raniere has one remaining claim before Judge Garaufis. On April 19, 2024, Raniere filed a habeas petition for a new trial based on ineffective assistance of counsel. Garaufis has yet to rule on this recently submitted motion.
