Kathy Russell [center] leaves court with her attorneys, April 4, 2019.
News NXIVM

Court hearing: Trial may be delayed 10 days – Allison Mack & Kathy Russell hot in plea negotiations; Prosecution asks if Nxivm is still operating

By Village Diane

Basically, the hearing today was about motions and jury selection. Judge Nicholas G. Garaufis made it clear that if he does have to postpone the trial, he would not want to postpone it a month, but only for a week to 10 days.

The injury from delay is greatest to the one incarcerated – meaning Keith Raniere.

Judge Garaufis said he would not be willing to postpone the trial to the fall unless Keith – who is in pretrial detention  – said he was willing to delay the trial.  There is no indication at all that Keith is prepared to do that.

The government, on the other hand, did not seem opposed to a delay of the start of the trial – and said it is trying hard to meet its obligations to turn over discovery materials to the defendants. But it also said there are several technical issues regarding those discover materials.

There was a lot of discussion centered around whether the government can meet all its obligations before the trial starts if the currently scheduled start date is not moved.

Apparently, there are still some documents related to Nxivm that may or may not be privileged. Resolving that issue is going to take time – especially since, according to the prosecution, there are 20,000 of those unresolved documents.

The government said it wants to know if Nxivm is still operating.  There was no official representative of Nxivm in the courtroom today to respond to the question.

The judge decided he is going to withhold jurors’ names throughout the trial – and even after the trial. They will be semi-sequestered in the sense that they will be cut off from all news about the trial until it is over.

The judge said anonymity is important where there might be some danger to the jurors. Although he doesn’t feel there is necessarily any danger to the jurors in this case, he doesn’t want them bothered by the media.

The #3500 materials [FBI reports of interviews] are due to be turned over to the defense by April 12.

Marc Agnifilo said he is calling an expert witness regarding the child pornography issues and evidence.

Keith appeared in a tan prison jumpsuit with a tan long-sleeve shirt underneath. He had his hair pulled back in a pony tail. I could not tell whether he was wearing makeup.

Allison appeared somber, more somber than I have seen her during her last few court appearances. She had her hair pulled back and some of her hair appeared darker blonde, as if her natural hair color is showing.

Kathy Russell appeared super thin. Her hair is thinning. She was wearing a black suit and her thinness combined with age – 60 plus – and thinning hair – perhaps natural to a woman her age – perhaps from the Raniere-diet – does not look good.  She turned her head away when I tried to photograph her.

Clare was wearing light blue pants and a white shirt. Her hair hung down. She was with her celebrity attorney, Mark Geragos.

In the audience was a cadre of media and a number of spectators. Most noticeable were Toni Natalie and Catherine Oxenberg.

In short, the trial is still moving forward.

 

Kathy Russell [center], petite, small boned, small featured, tiny feet. You can see how she would be Keith’s preferred body type.

*** Additional notes from another observer:

Most importantly, the prosecution said that Allison Mack and Kathy Russell were engaged in very serious plea deal discussions and it appears their pleas are imminent.

They will not likely be going to trial – which means, at best, Raniere and Bronfman will stand trial.

Mark Geragos’ demeanor was very subdued and quiet. Does this mean he is also seeking a plea deal for his client, Clare?

The prosecution objected to the fact that Raniere has not turned over discovery and/or documents he is obliged to give to the government.

There will be some new government discovery turned over today or tomorrow. The government had some technical issues getting at it and turning it over.

The child porn and sexual exploitation of a minor charges were officially dismissed and moved over to the Northern District, where it appears they will be vigorously prosecuted.

Viva Executive Success!

About the author

Frank Parlato

30 Comments

Click here to post a comment

Leave a Reply to Pyriel Cancel reply

    • Another Captain Obvious. They monitor the Frank Report; however, they have much more than even the Frank Report has. Maybe you can reach one of your tin cans to Brooklyn and have Richard Donoghue appear on your Kool-Aid stand so your mother can listen

      • After a hard day of research,interviews and discovery, it is always good for a laugh to read comments from goofballs like johnson and nice guy. One got his law license from a cracker jack box and the other at a neighborhood rummage sale. Must admit the shadowboys constant diatribes about Allie Wack get tiresome and are skipped.

  • If Allison gets less than 20 years, I will be pissed.

    So if she takes a plea deal, will she still be under house arrest or will she be in custody?

    • Keep in mind that at this point, with the charges being severed, it’s virtually certain that she and others will face more charges in a later trial in the NDNY, and those will be some of the most damning and serious as relates to sexual abuse. Plus there’s also a good chance that there will be yet other cases at the federal, state, and even local levels.

      The severance may actually have served the purpose of making it easier for defendants to swallow a smaller pill at this point, and go ahead and plead guilty to the first set of charges, kicking the can down the road on the others that are nonetheless likely to put them behind bars for even longer, especially since any convictions in that case are less likely to run result in concurrent sentences.

      So far, those who have allocuted pleas – the Salzmans – have been left out on bond.

        • Nancy had to admit to one RICO charge – and Lauren had to admit to two RICO charges. Except perhaps for Kathy Russell, any subsequent plea deal will likely start with two RICO pleas. In addition, Allison and Keith will most likely have to include at least one sex-related charge. That’s just the way these things work.

          • My understanding is that Allison is balking at any prison time and any real admission of guilt that would involve being labelled a sex offender for life.

      • Here we go again…another case of “I know nothing yet everything”…The NDNY case will be about Raniere .
        There is nothing showing Allison’s implication in that case (that is pre-dating her arrival in the cult).
        I repeat that at this point, any kind of allegation like those are just defamation per se.(trial hasn’t been prosecuted yet and therefore, she is still innocent)

        Jess: Do you have anything to do with this case to dare to say “I’ll get pissed”?
        Don’t answer, I’m sure you’ll make a story about you being a victim of Allison (supposedly to make your point).

        Since you arrived, you only seem to be interested in seeing Allison punished so I don’t expect much fairness from someone like you)

    • In custody.
      Allison Mack is an aider and abettor of child molestation and needs to be called out on it.

      No more sweet deals for celebrities.
      We’ve had enough of the likes of OJ Simpson, Michael Jackson and Robert Blake.

  • Very interesting to hear that Mack and Russell are engaged in serious negotiations – I figured Russell’s motion to dismiss is a hail Mary, and once it gets swatted down she will fold.

    Hearing that Raniere is failing to comply with discovery makes me think of what happened in his suit against Microsoft and ATT, where he didn’t produce documents after saying he would, treating judges as if they were schoolteachers being promised overdue homework. It occurs to me that if some of the problem is with him, then the “injury” of delay may be partly self-inflicted, and presumably he wouldn’t be granted some relief if Mr. “there are no ultimate victims” shared in the blame for the situation.

    The difficulty with “technical issues” and the vast amount of evidence hints to me of the sort of thing that Bronfman and her attorneys probably hope to be able to exploit. The complexity of the case and the ability of Bronfman and her many lawyers (and all their staff, and consultants) to make it even harder and then put enormous resources into looking for mistakes that might have been made, suggest what I expect is going to be a strategy of trying to force the case into dismissal, deadlock or appeal.

    Sadly, Kathy Russell seems not to have aged well. I know plenty of women who are even older and yet have succeeded in taking care of themselves.

  • Kathy Russell looks super thin now. Lots of stress and pressure. I think she finally cracked.

    The USMS (United States Marshals Service) has procedures to sequester and protect the jury. I will not divulge those for obvious reasons.

    Only two questions left:

    1) Will Clare plead out?
    2) Will VanScumbag testify?

    I say yes to both. Keith the thief will give it one last shot and get crushed.

    Let’s light this candle

  • “Marc Agnifilo said he is calling an expert witness regarding the child pornography issues and evidence.”

    Who? R. Kelly? Thought EDNY dismissed or passed those charges up to NDNY per AgnoStealio’s request, anyhow.

    I’ll put fifty on a KAR plea deal proposal to rat out the lower-level Mexicans and a hundred against his chances of survival in prison to the next election.

    • I will take that action on the plea deal. Why? The two lead prosecutors are women. Covergirl sees all women as inferior. In his infinitesimal tiny little mind, they are no match for the world’s smartest kiddie diddler. No way he will ever take a plea. I would be more willing to bet he takes the stand to make some stupid long winded John Galt type speech.

      Surviving prison? Of course not. Before long we will be hearing stories of him running into people’s erect penises with his butt.

      I did have this thought though. His current job as a janitor could be considered on the job training, given the snowman at the gates of hell chance he has in surviving prison.

  • A definite bemused “hmmm” to this, in the NY Post

    “Her attorneys add in the filing that Bronfman had absolutely no knowledge of Raniere’s alleged sexual relationship with underage victims, and “undisputedly” had no knowledge of DOS, the secret society within Nxivm accused of branding women who were being used as sex slaves for Raniere.”

    And an exclamation of ” Only 40?”

    ” Outside the courtroom Thursday, Bronfman smiled when her attorney Mark Geragos let slip that Monday will be her 40th birthday.

    “Thank you,” she mumbled when offered early felicitations.”

    https://nypost.com/2019/04/04/seagrams-heiress-wants-separate-trial-from-nxivm-leader/

  • Allison Mack should be forced to plead guilty to at least two RICO counts and sentenced to at least ten years in prison.
    Moreover, she should be labelled a sex offender for the rest of her life and required to register as such.

    In no event should she be treated as a martyr.

  • When Allison Mack gets out she can become a school teacher in Fresno, California.

    Will Allison Mack receive less prison time than the horny school teacher because Allison is a celebrity?

    Former Fresno middle school teacher testifies she was pressured into giving student oral sex.

    Former Tenaya Middle School teacher Justine Karen Nelson knew that her relationship with a student was wrong. But she said what began as simple flirting quickly turned to coercion and sexual contact.

    Nelson, who is charged with felony counts of lewd or lascivious acts with a minor and oral copulation, testified Wednesday that she fell prey to the attention and kind words of one of her students.

    Nelson initiated the relationship, inviting him to her room where she kissed him and later gave him oral sex. He said the sex act happened multiple times in her classroom, sometimes in between classes and after school.

    She’s accused of oral sex with student. Trial testimony includes nude photos, lewd texts.

    https://www.sacbee.com/latest-news/article228810694.html

  • Perhaps Ms. Russell is looking at the stroller and imagining she is the mother of the child Vanguard promised so many of these women. Cults are evil, ruinous operations run by greedy, prideful and power-hungry people at their core. Just today another cult’s evil leadership announced its change in “gay” rules so that more people can sign up and hand over their lives.

  • Is today’s Times Union piece a hint of how the capital city establishment continues to view the hijinks of the Albany Jesus and his well-legally-connected social circle?

    “a federal judge in Brooklyn dismissed four child pornography charges against the organization’s co-founder Keith Raniere….Federal prosecutors upstate will have the option of bringing the charges against Raniere.”

    That seems to me a surprising soft-peddling of the situation. The piece contains a couple of other interesting tidbits as well:

    “In a related matter, Eastern District prosecutors needed to recall files they provided to Raniere’s defense team because the material contained alleged child pornography.

    The prosecutors provided hard drives to the defense team for Raniere, known within NXIVM as “Vanguard,” to review as part of their disclosure of evidence. But at some point after handing over the materials, prosecutors and the defense realized that alleged child pornography was on the drive, the lawyers said.

    It is illegal for anyone to possess or distribute child pornography. Prosecutors typically allow defense attorneys for child pornography defendants to review evidence of such illegal images at a government location, according to people familiar with the practice.”

    and

    “Assistant U.S. Attorney Moira Penza was skeptical that Raniere’s lawyers would be able to be ready for trial given the need for them to review voluminous material handed over by prosecutors.

    She also noted that prosecutors have yet to see 27,000 documents related to Raniere and another 2,000 related to Bronfman that a lawyer for NXIVM has argued are privileged.”

%d bloggers like this: