Judge Nicholas Garaufis has some really tough decisions to make.
News NXIVM

Prosecution Asks For 2-Week Delay To Start Of Trial

Citing all the pre-trial matters that are still unresolved, the prosecution in the case of the U.S. v. Raniere Et Al has requested a 2-week delay in the start of the trial.

If granted, this would push the “start date” back to May 13th.

The presiding judge in the case, U.S. District Court Judge Nicholas G. Garaufis, has ordered the attorneys for the three remaining defendants – Keith Raniere, Clare Bronfman, and Kathy Russell – to advise him as to their position on the request by 4:00 PM today.

Raniere’s lawyers, March Agnifilo and Teny Geragos, were the first to respond – and they, as expected, objected strenuously to the proposed delay.

The reasons cited by Agnifilo and Geragos for their opposition are as follows:
(1) They have another “very serious trial with an incarcerated client” that is due to start in the District of Utah on July 29, 2019;

(2) They allege that the prosecution is still gathering trial evidence – and scheduling trial witnesses – via newly-issued grand jury subpoenas, a practice that is generally not allowed (No proof whatsoever was offered for this allegation);

(3) The government’s explanation that one reason for its request is that the defense attorneys are not reviewing documents quickly enough is meritless; and

(4) When the court has turned down other requests for delays – like Allison’s request for a 30-day extension to consider taking a plea deal – it has forced the parties to act in a timely manner.

*****

In its request, the prosecution pointed out that because it has already obtained guilty pleas from Nancy Salzman, Lauren Salzman, and Allison Mack, it will be able to streamline its case – and ensure that the trial is concluded by the end of June (That’s what the court has already informed prospective jurors).

The prosecution did not point out that four of the counts in the case have also been dismissed – and referred to the Northern District of New York for prosecution – which should also reduce the amount of time that the trial will take.

Prior to submitting its request, the prosecution contacted the attorneys for Raniere, Bronfman, and Mack to determine their position on the matter.

According to the prosecution, Raniere’s attorneys objected, Russell’s attorneys took no position, and Bronfman’s attorneys did not respond.

*****

Although Judge Garaufis has been pushing hard for this trial to start on April 29th, a short delay would not seem to cause any significant harm to any of the defendants.

Still, the judge may simply decide to split the difference – and push the trial back to start on May 6th.

*****

Judge Garaufis is also expected to issue his decision on Kathy Russell’s pending Motion To Dismiss later today or tomorrow.

Based on my review of the various filings, I think it is highly likely he will rule in favor of the prosecution on this matter.

Once that happens, Kathy’s attorneys will likely push her to reconsider a plea deal.

If she comes to her senses and takes such a deal, then the only defendants left will be Keith and Clare.

*****

One of the reasons why Raniere’s attorneys may be opposing any delay is because they do not want any more plea deals to take place.

It would have been one thing for the Vanguard to have been seated at the defense table with his loyal crew of women right there with him.

But the thought of Vanguard just sitting there with Clare Bronfman – or, worse yet, all by himself – is not a very pleasant contemplation for his attorneys.

Especially not when they also take into consideration that all those former co-defendants will be taking the stand to testify against him.

Viva Vanguard!

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Artvoice

News and art, national and local. Began as alternative weekly in 1990 in Buffalo, NY. Publishing content online since 1996.

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  • Thanks again krclaviger,

    As we know jerkoff (bankoff) will give his idiot, I got no life response to your report.

    Those of us that know how to critically think, enjoy your analysis about the case.

    • Is that you, Heidi? 🙂

      Or are you Heidi’s sidekick, that sick fanboy who always agrees with Heidi and Niceguy.

      Talk about having no life, LOL

      You and your cronies actually spend your days dreaming up ‘conspiracy theories’ about Dennis Burke posting here as Bangkok. Hard to believe that grown adults could embarrass themselves by admitting that they actually devote their free time to “thinking” about such laughable conspiracy theories. 🙂

      …As if I would actually ever live in the hell hole known as Arizona, with its blistering temperatures and hellish like environment with scorpions and snakes in every front yard. Yeah sure. Sounds like fucking paradise. 🙂

      Now go back to your shift at Walmart.

      • ScottBangkok,

        Once the trial is over I hope you enjoy going back to Oblivion….

        I am sure 99.9%of Frankreport guests will not miss you. 🙁

        …….By the way the closest you will ever get to being like your hero Donald Trump is that MAGA hat you own. Wear it well!!!!!

      • No, but I do wonder if Dennis Burke is it all offended by your feeble attempts to pretend to be him.

        I very much doubt these days either he or his partner, John Sandweg, are on here much Or Send a wig would’ve called Scott Johnson on FR’s comments the dumbest things he’s ever heard not Donald Trump’s.

  • Kathy will plead out as soon as her acquittal is dismissed. Clare and Keith are going to ride this thing into the flames! She will because she can litigate and appeal and even do mob like shady things with respect to the jurors, and drag it out until the world has lost interest. She still thinks her money will allow her to prevail. Keith will because a lot of prison time is affixed to a plea or to a verdict. He’ll take the gamble and go for no prison time. He thinks he can manipulate his way into just one juror having doubt. Once he’s sentenced, I believe he’ll commit suicide.

    • The only justice will be the year he has spent in prison. I don’t think he plans on being there one more day after he’s sentenced.

    • I think Kathy’s motion should win. If she really was not properly warned by the prosecutors before her grand jury testimony…at the very least, anything she said there should be thrown out.
      Also, the feds can see she was a hapless pawn of her bosses, and the feds should let her off completely…if she tells everything she knows about Nx.
      To me…that would be “justice.”

  • The judge also has to rule on whether some evidence is admissible. He is playing chicken with the DOJ on this matter, which is related to point #2 in the story.

  • Thanks for the update.

    Wasn’t the prosecution complaining not long ago, that they have yet to receive over 20,000 documents from Raniere’s side? If that’s still at issue, I would think it would weigh in to the judge’s consideration of whether Raniere’s attorneys’ complaints have merit.

    • Yes, Anony, weren’t there a couple of flies thrown into the ointment by the defense? The storage contents opposition filing by Dennis Burke (who has vanished) and the allegedly privileged documents?

      Besides, I gotta book a flight so hope this is a final, trial start date.

      • Did some of the contested documents come out of the storage unit, or is that still a separate issue?

        Are you going to attend the trial? I hope to set it up so that one of my occasional trips to the City allows me to drop in on a court session or two.

  • More delay is more time for all of them to reach a plea deal.
    And it appears that the government has no stomach for using RICO to totally destroy NXIVM.
    What is left of the cult will be run by the Salinas Family under a new name.

      • Emiliano Salinas supposedly had a nervous break down.
        NXIVM has destroyed his political career.

        But whoever takes over the wreckage of NXIVM will be a wealthy Mexican and Carlos Salinas and his friends will make sure that the cult will never be an embarrassment again.
        NXIVM will be run on a more business like basis.

        Even if an American front man or front woman is chosen to rule in Albany the real decisions will be made in Mexico by the wealthy businessmen of that country.
        There will be no more branding and no more sex cult insanity.
        And the Raniere-Bronfman avalanche of extortionate lawsuits against big corporations like Microsoft and A,T &T will end, too.

        • Why, again, would wealthy Mexicans want such a thing?
          In other words, how would restarting NXIVM benefit them more than burying NXIVM, changing their names, buying a razor, and forgetting they ever heard the term ‘Vanguard”?

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