General

Tully Emails AUSA Hajjar; Demands Evidence He Claims DOJ Withheld

04/17/2023·

Frank Parlato

In a never before published email from Keith Raniere’s attorney Joseph Tully to Assistant United States Attorney Tanya Hajjar, we learn what discovery Raniere’s legal team was [and still is] demanding from the DOJ for its pending Rule 33 motion.

The email is dated March 16, 2022, more than a year ago, and from what FR has learned, the government has not complied with Raniere’s demands.

Tully has made another motion before the court to press his demands.

In the email, Tully refers to 22 photos of Camila, whose EXIF data shows they were taken in 2005 when Camila was 15. Tully is not seeking the photos themselves, which are child porn, found on a Western Digital hard drive by the FBI 11 months after the FBI seized the device. He is asking for all the evidence, including FBI notes, surrounding and related to the hard drive.

Keith Raniere in the library at 8 Hale with the Western Digital hard drive, with blue light easily visible.

When the FBI seized the Western Digital hard drive they photographed the wrong hard drive.

Evidence Item #2 – a hard drive. Later 22 photos of Camila were found on that hard drive. Raniere says they were planted.

They placed the evidence item #2 card in front of a silver LaCie hard drive. The Western Digital Hard drive where the FBI said they found the Cami photos is actually next to the LaCie and is black.

Evidence Item #37 – the LaCie hard drive is the same hard drive photographed as #2. The FBI moved items in the library around, removing the Western Digital hard drive when photographing the same LaCie hard drive a second time. The LaCie hard drive appears in the FBI photographs as Item #2 as #Item 37. It is odd that the FBI took the wrong photo of item #2, which is the only device with child porn.

Also in the Tully email are references to Nicole and Daniela.

This is not a new claim. The defense has claimed Nicole and Daniela, two witnesses for the prosecution, lied about not planning to join as plaintiffs in the NXIVM civil suit. Judge Nicholas G. Garaufis dismissed this claim in 2020, but Raniere is not letting it go.

Additionally, to sustain sex trafficking charges, all elements of the crime must be met. One of these elements is that during the planning and execution of the act, it must affect interstate commerce. The government argued Nicole, the sex trafficking victim, who allegedly traveled by bus or train from NYC to Albany to engage in a commercial sex act, affected interstate commerce because the bus and train companies did interstate business. Raniere has argued Nicole testified on the witness stand that she actually traveled the day before the sex act, taking the train or bus or carpool to Albany for another purpose, and therefore interstate commerce was not affected.

Raniere seeks Nicole’s travel records.

Raniere on the day of his apprehension in Mexico on March 25, 2018.

Finally, Raniere believes he was illegally seized from Mexico without proper extradition and is seeking documents in the government’s possession. Among other things, Raniere traveled on a commercial flight, handcuffed. He seeks to discover who paid for his ticket. Was it the DOJ?

Here is the original email.

You can read the email below (with images added by FR).

By Joseph Tully

Dear AUSA Hajjar:

This letter is submitted on behalf of defendant Keith Raniere in the above-entitled case and pursuant to Rule 16 of the Federal Rules of Criminal Procedure, Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and Kyles v. Whitley, 514 U.S. 419 (1995).

Mr. Raniere demands the following information, documents, and other materials based on newly discovered evidence that was uncovered following trial, sentencing, and appellate briefing in this case. Each below demand is supported by a specific finding made after the trial and sentencing of Mr. Raniere, which in turn, led to the discovery that the government either possesses additional information or materials related to these findings or should have been aware of same.

Firstly, we request information pertaining to photographic images that were purportedly taken in 2005 depicting underage nudity on a camera’s CF card and hard drive that were seized from 8 Hale Drive on March 27, 2018. As the government is aware, the dates of these photographs were crucial to establishing the age of the individuals at
the time the photographs were taken during jury trial.

Mr. Raniere concludes that the above-mentioned evidence was manipulated and materially altered while in FBI custody.

Secondly, we request information pertaining to witness collusion and tampering between key witnesses, namely, Nicole and Daniela.

Considering the newly discovered evidence on this issue, we also seek information concerning other witnesses and potential government tampering.

Thirdly, we request information concerning dates, times, and other documentary proof of Nicole’s travels.

Lastly, we request information pertaining to the arrest of Mr. Raniere in Mexico. Even if the government were unaware of the below issues, they constitute newly discovered evidence pursuant to Rule 33 of the Federal Rules of Criminal Procedure.

Therefore, we request production of the following:

Camera Images and Data

1. The entire chain of custody of the seized camera, camera’s CF card, and hard drive since its seizure on March 27, 2018, including every individual that had possession or control of these items along with specific dates as to when the evidence was in possession and when the chain of custody was broken as well as for any derivative
evidence copies that were made.

The three devices in question are the Canon camera with which Raniere allegedly took the photos of Camila.

A photo of a Lexar camera card similar to the one seized at the executive library of Keith Raniere. [Two different FTK reports were made of the same camera card with drastically different results.

2. CART evidence receipts for all devices seized from 8 Hale Drive on March 27, 2018.

3. Documentation establishing exactly when, and the circumstance as to why, photographs were manually added to the camera’s CF card between April 11, 2019 and June 11, 2019, while in FBI custody.

Specifically, this request relates to the disparity between the two Forensic Toolkit reports produced on these dates and why new files appeared on the latter report.

4. The identity of the individual(s) who accessed the camera’s CF card on September 19, 2018 and altered the file system dates while in the custody of the FBI. According to the camera’s CF card’s file listing, the accessed dates for all active files were changed to September 19, 2018, indicating that the dates were altered on at least
this one occasion during the six months they were in the custody of the FBI. We further request the true and original dates that were indicated prior to alteration.

[Someone at the FBI accessed the camera card without using a write blocker on Sept. 19, 2018. This is a violation of FBI evidence handling. Firstly because FBI agents had possession of the camera card and agents are not allowed to access digital devices. Secondly, a clone of digital devices is supposed to be made first, and then access is granted to view the clone, not the original – for obvious reasons.

5. The identity of the individual(s) who altered the dates of the photographs through manual intervention and the dates on which the alterations occurred. Specifically, this request refers to the differences in dates between the EXIF dates and Modified
dates.

6. The identity of the individuals(s) who manually altered the modified date on the photograph identified as IMG_0175. Alteration is evidenced by the fact that the EXIF CreatorTool value of said image is set to “Adobe Photoshop Elements 3.0,” indicating
Photoshop was used to open and modify the file data.

This is a strange anomaly. First of all, img_175 is not of Cami, but an adult woman. It is in the same folder as Cami’s photos, the Studies folder, and has 2005 EXIF data creation dates. The problem with this photo is that the EXIF creation date in 2005 is exactly the same – down to the second – as the last modified date, but Adobe Photoshop shows up in the EXIF data. Since neither the camera nor the camera card have Adobe Photoshop, the only way for the file to have Adobe in the metadata without a difference in the creation date and the modified date is if this image was manually altered.

The individual(s) who altered the names of the folders containing the alleged contraband photographs, so that it appeared the dates provided in the file names corresponded to the EXIF data of files in those folders. We further request the true and original folder dates.

8. The individuals(s) who backdated the folder content and rolled back the system time to 2003, before manually copying these files onto the seized hard drive. This request is in relation to the fact that all the files in the Dell Dimension backup folder have a created date of July 26, 2003, despite the folder name indicating the backup date as March 30, 2009, the same date that appears on all the files’ created dates.

9. All examination notes of the forensic examiners.

10. Photographs of the camera’s CF card, documenting its condition and packaging, when received by FE Flatley on 02/22/2019 and by FE Booth on 06/10/2019.

11. All communications, including but not limited to texts, e-mail messages, notes, and voicemail messages, of FET Donnelly, FE Booth, FE Flatley, SA Lever, and SA Jeffrey, SA Mills, SA Weniger, AUSA Hajjar, AUSA Penza, AUSA Lesko, regarding this case.

12. The original forensic image (NYC023721_1B16.E01) and file listing of the WD HDD (1B16) created by FET Donnelly (NYC023721_1B16.E01.csv) and the imaging log for that item.

Accordingly, any evidence related to manipulation, alteration, or chain of custody breaks with said evidence should have been disclosed by the government in advance of trial.

13. The FTK log of the processing, browsing, searching, and bookmarking of evidence for the WD HDD (1B16) and both instances of processing for the camera’s CF card (1B15a).

14. The forensic image of the camera’s CF card created by FE Flatley
(NYC024299.001), together with its imaging log and file listing (.CSV) file.

15. The forensic image of the camera’s CF card (1B15a) created by FE Booth (NYC024299_1B15a.E01), together with its imaging log and file listing (.CSV) file.

16. The CART Requests corresponding to SubID 196817 and SubID 208206.

17. All EXIF data for ALL photographs listed on both of the camera’s CF card reports (GX 521A, dated 04/11/2019, and GX 521A Replacement, dated 06/11/2019).

18. The logical file layout of the camera’s CF card

Witness Collusion and Tampering

1. All 3500 materials, including 302 notes, and all internal memoranda, including FBI messages, emails, and other communications regarding witnesses and witness meetings not previously provided;

2. All aforementioned materials specifically as they pertain to:

a. India
b. Siobahn Hotaling
c. Michele Hatchette
d. Danielle Roberts
e. Samantha LeBaron
3. All aforementioned materials specifically as they pertain to:
a. Mark Vicente
b. Souki
c. Audrey
d. Crystal
e. Sarah Edmondson
f. Nicole
g. Daniela
h. Catherine Oxenberg
i. Jessica Joan (“Jaye”)

4. All text messages and email communications between the individuals referenced in 3) between May 2017 and May 2019;

5. All documentation or communications between FBI agents and/or AUSAs concerning FBI conduct that could be perceived as direct or indirect witness intimidation;

6. All emails, text messages, letters, or other forms of written communication between Neil Glazer and the government, including the United States Attorney’s Office and FBI;

7. Any audio recordings of Neil Glazer;

8. Any audio recordings, text messages, or other forms of communication between witnesses prior to any testimony.

Neil Glazer, plaintiffs’ attorney

Nicole Travels

1. Any Amtrak, Greyhound, or other commercial train or bus receipts, with corresponding dates and times, provided to the FBI and/or Justice Department concerning Nicole’s train or bus travels to Albany where the purported sex acts occurred.

2. Any payment information concerning Nicole’s method of payment of the above-mentioned travel.

3. Any other documentation concerning the dates, times, and modes of Nicole’s travels.

Greyhound bus in Albany, NY

Mr. Raniere’s Arrest

1. Any text messages, phone calls, emails between individuals from the United States Justice Department, including but not limited to the FBI, DEA, and U.S. Attorney’s Office, any private citizens, and/or diplomats to further the detention, arrest, or capture of Mr. Raniere.

2. Any information concerning the arrest of Mr. Raniere upon his arrival in the US, including the identification of the arresting agents, any information concerning the purchase of the commercial airplane ticket for Mr. Raniere from Mexico to Texas, after his capture in Mexico, and the passenger manifest for that flight.

Keith Raniere captured in Mexico on March 25, 2018

3. Any information concerning the capture of Mr. Raniere in Mexico on March 25, 2018, including the identification of the individuals involved in the capture.

4. Any official records of deportation, extradition, or expulsion of Mr. Raniere from Mexico.

We expect that the requested materials be produced as soon as possible given their already untimely production. If the government needs clarification of any of the above requests, please do not hesitate to contact me.

Very truly yours,

Joseph Tully

Comments (37)

Add Your Comment

Anonymous04/17/2023

Ya right The DOJ is going to turn over their entire case to Tully Including everything in what makes up the Civil case I'm sure Tully would turn over Raniere's entire defense file Oh wait, Raniere didn't put on a defense Bahahahahaha He doesn't have a file to turn over LMAO

Anonymous04/17/2023

The government will never turn the information over to Tully. Never an even playing field.

Anonymous04/17/2023

No one cares about this broken record on repeat.

Anonymous04/17/2023

KR is said to have been back in the general population for a few days. Hopefully not for long. Something can always happen with KR lucky streak.

Inquiring minds04/17/2023

What's your source of information for this?

Anonymous04/17/2023

Colonel Kurtz -Controversy, Marilyn Manson & More @colonelkurtz99 Very late on this but here’s my new #NXIVM video. Part 2 in my new NXIVM: The Untold Story series. #WacoAftermath #Waco #Cults #Cult #KeithRaniere #TheVow LINK: https://m.youtube.com/watch?v=ePo_Nx32qCQ&feature=youtu.be

Anonymous04/17/2023

Colonel Kurtz -Controversy, Marilyn Manson & More @colonelkurtz99 · 15. Apr. New Video. I'm not beating around the bush on this stuff anymore. LINK: https://youtube.com/watch?v=_BTkRDoD4Ks #EvanRachelWoodLied #JusticeForJamieBell #MarilynMansonIsInnocent #MarilynManson #EvanRachelWood #FathersRights #FamilyCourt #CelebrityDivorce #Lawtube #Legal #DivorceCourt

Raniere's Victim Cross04/17/2023

Breaking News Raniere's Supreme Court Case DENIED TO BE HEARD Go figure 🤔 So sad, more wood to add to Raniere's Cross he draws around his prison as a victim of the Justice System

CultObsessed04/18/2023

She has not seriously looked at the case and is also defending David Koresh in that video… She’s just going off of Nicki Clyne’s now disavowed gaslighting and is refusing to do any actual research. Not sure why she wants to defend him when Nicki, who brought the case to her attention, isn’t anymore. She just wants to throw dirt at every women who says she’s been sexually violated and it’s just gross.

NFW

Peter Longworth04/17/2023

They're looking for an awful lot of stuff here, and some of it extremely personal to the victims. The more I read over their allegations, the more frivolous they seem. There doesn't seem to be any smoking gun here, just a few minor procedural errors in a very complex investigation. They are surely just grasping at straws. I trust the Court will see sense and dismiss all this for the desperation it comes across as.

Anonymous04/17/2023

If the FBI gives him “all the evidence, including FBI notes, surrounding and related to the hard drive“, whatever’s redacted might point to what happened.

Anonymous04/17/2023

Just logically why would the FBI allegedly tamper, but then say Oh here are our notes on the tampering revealing our big alleged cover-up? This very disproved allegation is an exercise in such suspension of disbelief and living in a delusion

Aristotle’s Sausage04/17/2023

“Demands” 😂😂😂 Unfortunately for Raniere and his obstreperous attorney, they already lost on appeal. They both appear to suffer under the delusion that they can argue this case indefinitely. The Frank Report likewise seems to want to argue this case forever. Sorry, the case is closed, the jury is literally in. Raniere and his various legal teams had two years to prepare his appeal and lost again. The desperate, laughable Rule 33 motion is dead in the water, all of its purported arguments absurd. For instance the alleged mixup with the LaCie hard drives. There are in fact two LaCie drives, which clears up this supposed mix-up or switcheroo or whatever is supposed to have been perpetrated by that nasty FBI. Just look at the evidence list. One is item 14, serial number ending 0534. The other is item 37, serial number ending 7741. So much for that argument “proving” that the FBI tampered with the evidence. So the reason the Rule 33 motion is dead in the water is because there isn’t a shred of actual proof that the FBI tampered with evidence in the Raniere case. It is nothing more than a fairy tale cooked up by cult loyalist Chakravorty. Judge Garaufis will certainly notice this lack of proof. The Rule 33 motion is a dead duck. Raniere has been found guilty and sentenced. He appealed the verdict and lost. He is out of legal options and I sincerely doubt the Dossier Six are going to mount a jailbreak. So Tully can send emails until he’s blue in the face. Raniere will spend the rest of his life in prison.

Anonymous04/17/2023

It's good that Tully has a back up job as janky wizard who does cheap street magic for tourists in fron of the wax museum, because he is an abysmal lawyer. Child Sexual Abuse Materials. It's not porn in the sense that children are not legally or otherwise voluntarrily participating in the creation of the criminal sexual matter. There are perverts who go to playgrounds and take photos of children sliding down a slide or they go to a dance class and photograph children in their leotards through the window. These predators might go to the beach and find children playing the surf n bathing suits to clandestinely record on their phone. None of those images are pornography in and of themselves. But when found on some disgusting pedophiles computer with graphically sexual images contextually it can be deduced how the photos are being used. But the children are victims. Not participants. The photographs of Camilla likewise are a crime. They are evidence of the sexual exploitation of a child. Keith Alan Raniere is a pedophile. And the photographs Keith took of Camilla are exploitative. It's child sexual ABUSE.

Funny thoughts04/17/2023

I thought the cover for the magazine was an exclusive.

M. Novak04/17/2023

Not sure why Raniere/Tully continue to bring up the whole arrest/deportation/extradition thing. The matter was not raised at trial nor on appeal, therefore the defendant waived his right to challenge jurisdiction. Many extradicted defendants try to pull this stunt, and they invariably fail. There's tons of case law on this.

Anonymous04/17/2023

It's just about Keith wanting to know who bought his ticket.

CultObsessed04/18/2023

It also doesn’t matter. Courts have ABSOLUTELY no jurisdiction for what happens in Mexico. If they were bounty hunters, it would have been legal in the US for them to “kidnap” him as well.

Anonymous04/17/2023

On Friday, February 22, 2019, the evidence went to FE Flatley. … 49 days = 1,176 hours … went by … 49 days after February 22nd: On Thursday, April 11, 2019, the Forensic Toolkit report was done: The forensic image of the camera’s CF card was created by FE Flatley: (NYC024299.001); GX 521A … all dated April 11, 2019. … 61 days = 1,464 hours … went by … 61 days after April 11th: On Monday, June 10, 2019, the evidence went to FE Booth. … 2 days = 48 hours … went by … The day after Monday was Tuesday. On Tuesday June 11, 2019, the Forensic Toolkit report was done. (Why so fast?) The forensic image of camera’s CF card created by FE Booth: (NYC024299_1B15a.E01); GX 521A “Replacement dated 06/11/2019” Is there a usual / average / expected / mandatory time between evidence received and the “Forensic Toolkit report”? Why was the first report done 49 days later and the second done the next day? 1. What did FE Booth notice? 2. Did FE Booth notice obvious tampering? 3. Who had the Forensic toolkit report done the next day? 3. Did FE Booth have the Forensic toolkit report done the next day because he noticed obvious tampering? 4. Was FE Booth framed?

Why are the April 2019 and June 2019 Forensic Toolkit reports different?04/17/2023

“… FBI Senior Forensic Examiner (SFE) Brian Booth was the expert witness who testified about the reliability of EXIF data. EXIF data is “very hard to modify,” he testified …” https://frankreport.com/2023/02/05/more-hard-data-on-flatley-vs-booth-and-how-it-points-to-perjury-and-tampering/ “Booth made a forensic examination of the camera card, which he received in an unsealed package during the trial’s final days.” The (Flatley) April 2019 and (Booth) June 2019 Forensic Toolkit reports are different. Why are the April 2019 and June 2019 Forensic Toolkit reports different?

Alex04/17/2023

Frank! Why do you distort images??? Tully holds the BLUE light in both images above yet you photoshopped it to white! Why? No wonder people accuse you of misrepresenting reality. Your techniques are so shallow!

NiceGuy04/19/2023

Alex- I concur!

The New York Times reporters are still asleep ... 😴 💤04/17/2023

“Only four files on the camera card matched the Studies folder on the hard drive. They were photos of Angel, a blonde woman Raniere knew. For reasons unclear, the government did not put Flatley on the stand to explain his camera card report. Instead, during the final week of trial, the government said they gave SFE Flatley an overseas assignment – to Ghana – and then the camera card passed through the hands of several FBI people. SFE Brian Booth got it in an unsealed package – which is against FBI protocol for handling evidence. Then SFE Booth produced a second or “replacement” forensic report of the camera card on June 11, 2019, more than a month into the trial and about a week before it ended. Booth’s report contained 37 new files not found in Flatley’s report. How did that happen?” https://frankreport.com/2023/02/05/more-hard-data-on-flatley-vs-booth-and-how-it-points-to-perjury-and-tampering/

ShadowState195804/17/2023

Joseph Tully: Presumably the FBI was securing information from Nicki Clyne as a cooperating witness. Nicki's Instagram photos pinpointed for the FBII that Raniere was hiding out in Puerto Vallarta. Later Nicki attended attorney-client meetings with the other defendants and their lawyers. Nicki was considered a potential defendant at the time. Was Nicki giving the FBI information from these attorney-client meetings? If so the FBI had a spy inside attorney-client meetings, this denied Raniere his right to the assistance of effective counsel. This could be grounds for dismissal. ShadowState1958

Ben04/18/2023

A lot of 'ifs' 'If' was never in a true story

ShadowState195804/20/2023

Allison Mack and Nicki Clyne engaged in a similar course of conduct and committed similar crimes. Allison was charged and Nicki was not! Did Nicki cooperate with the FBI? Who is Ray Epps? Ted Cruz 'I Can't Answer That': Asst. FBI Director Refuses To Answer Ted Cruz Questions About January 6

Pyriel04/17/2023

He doesn't demand much, does he? 😲😂🤣🦄

my2cents04/19/2023

Keith Raniere sounds completely insane. His sense of entitlement actually scares me. Gosh, I hope Nicki is feeling free, free at last!

Tully Super Powers04/17/2023

Tully is acting as if he is getting a trail and asking for discovery from the DOJ now. That's a big IF THIS GOES TO TRAIL ***Raniere asked for the pictures to be excluded from evidence before his trail. Why would that be? Because he knew he took them when she was under age Perry Mason. He's screwd on that factor to begin with. Tully asking his crystal ball if there was FBI tampering doesn't make it so. Why does he need all this information if he has all these paid for experts saying the FBI were the bad guys?

Wake up, people.04/18/2023

“It all began after he refused to join Executive Success Programs (ESP) – the Mexican branch of NXIVM – at the urging of former ESP leader Emiliano Salinas – in 2014. Peterson may be “The Man Who Knew Too Much”” “Peterson said there is a link between “corrupt influences” in Arizona and former colleagues, who he said are known and in fact describe themselves – among themselves – as the “Arizona Mafia,” – and the Salinas political family of Mexico.” “Peterson says he is being targeted on both sides of the US-Mexican border – after refusing to join the Mexican branch of NXIVM and is living in exile outside the USA and Mexico. He calls a group of individuals in high places in the Arizona legal and government [deep state] community – including Clare Bronfman’s lawyer, Dennis Burke – the “Arizona Mafia” and says they are part of the organized conspiracy to destroy him. … His story may help unravel what was really going on in Mexico – with Keith Raniere, Emiliano Salinas, Alex Betancourt [and their Prorsus Capital] and of course, Emiliano’s father, Carlos Salinas.” https://shiftfrequency.com/peterson-nxivm-and-the-arizona-mafia/

NiceGuy04/18/2023

RE Superpower Tully Pic: So Tully wields the sacred BlueLight (not to be confused with BudLight.) I guess Tully took the sacrament of Vanguard. Must of happened during a jailhouse meeting…. ….I bet Suneel is jealous albeit not as jealous as Alanzo…. …And nowhere near as jealous as Damon Brink. *** To Suneel, You’ll never receive Vanguard’s LifeForce. He’ll never be able to come—cuz you’re so butt ugly. Boohoo! Boohoo loser!

Anonymous04/19/2023

The top pic of Tully is more photoshopped than a Kim Kardashian photo. The real Tully: https://krcrtv.com/amp/news/local/redding-attorney-speaks-on-criminal-justice-system-in-recent-book Tully looks like a [redacted] of wax squirted out a [redacted], then [redacted].

Alex04/19/2023

“Reding is my most favourite place on Earth” and “the book had to be written”. Someone had to “impregnate” the female who turned out to be Raniere's mother and another one. This should make sane people vomit.

NiceGuy04/19/2023

Alex- LMAO! Funny stuff!

Jim C.09/17/2024

At least according to the magazine cover, Joseph Tully has a strong sense of justice. I’d love to hear what he’d have to say about the very obvious railroading of John Tighe and Joe O’Hara.