Keith Raniere maintained a private town house for mentoring female students. The town house, which is referred to as 'The Library', has a commodious hot tub which is said to relax the female students who Raniere consents to teach.
News NXIVM

Update: 8 Hale Drive — New issues raised about nude photographs of 15-year-old Jane Doe 2

The “missing” – and now somewhat redacted – Memorandum-of-Law has finally shown up on PACER. It even has a new Document Number: i.e., 580 instead of 575.

Although it’s still unclear whether the original unredacted filing was done by mistake – or to intimidate some of the potential witnesses against Keith Raniere – the filing still does not address the gaping hole in Raniere’s argument that he was entitled to an expectation of privacy at 8 Hale Drive.

Basically, Raniere’s claim boils down to these four assertions (No tangible evidence was introduced to back up any of these assertions):
(1) After the property was purchased by Executive Housing & Properties, Inc. in 2004, Raniere renovated it (There is no explanation offered as to how a man with no assets and no income could afford to pay for any renovations – and even Raniere has never claimed to have any building trades skills: e.g., carpentry, electrical, plumbing, etc.).

(2) Raniere engaged in sexual activity at 8 Hale Drive.

(3) Raniere used 8 Hale Drive as his domicile at various times over the past several years.

(4) Raniere kept his books, clothing and other personal property at 8 Hale Drive.

Raniere offers no explanation as to why he should have any rights with respect to a property that is owned by a corporation in which he has no ownership interest – and to which he has no known association.

Nor does he address the fact that the corporation in question – Executive Housing & Properties, Inc. – was dissolved almost 10 years ago.

*****
The Memorandum-Of-Law does raise several interesting questions that the prosecution will need to address – and resolve – if it hopes to be able to introduce the photographs of Jane Doe 2 at Raniere’s upcoming trial.

These include the following:

(1) Were the photographs of Jane Doe 2 included in the original Search And Seizure Warrant?
The original Search and Seizure Warrant for 8 Hale Drive was signed by United States Magistrate Judge Daniel J. Stewart of the Northern District of New York on March 26, 2018.

It permitted federal agents to search the 8 Hale Drive premises “including any locked and closed containers and closed items at that location”.

It also limited the things that could be seized to “evidence, fruits and instrumentalities of certain listed crimes occurring (on) or after January 1, 2015”.

The photographs of Jane Doe 2 were taken sometime in 2005.

When the FBI searched the hard-drive that is at issue, it did not limit its search to items that were created on or after January 1, 2015.

Had it done so, it may not have discovered the photographs of Jane Doe 2.

(2) Why did the government fail to obtain an additional search warrant for the electronic devices that were seized at 8 Hale Drive?
On October 24, 2018, the government obtained an additional search warrant with respect to the electronic devices that had been seized at Nancy Salzman’s former house at 7 Oregon Trail.

But it did not do the same with respect to the electronic devices that had been seized from the property at 8 Hale Drive.

Why did the government feel the need to obtain an additional search warrant regarding the electronic devices it seized at 7 Oregon Trail but not do the same with respect to the electronic devices it seized at 8 Hale Drive?

(3) Are the photographs of Jane Doe 21 related to the NXIVM/ESP criminal enterprise?
The defense successfully moved to have the possession of child pornography charge against Raniere – which was added via the second superseding indictment – dismissed and severed from the current case.

One of the arguments the defense raised in its motion was that “there is no role that these unreviewed photographs could possibly have in the affairs of the enterprise.”

Although the court granted the motion to dismiss and sever, it did so on the basis that the alleged child pornography possession did not occur in the Eastern District of New York.

Thus, the issue of whether the charge has any link to the NXIVM/ESP criminal enterprise was not addressed by the court.

*****

One other piece of information that was in the Memorandum-Of-Law – and that Frank Report has previously reported on – is that there were 12 subfolders in the “Studies” subfolder on the backup hard-drive.

Each of those 12 subfolders contained “numerous sexually explicit photographs” of different women with whom Raniere had sexual relationships.

All of the photographs were taken sometime in 2005.

Three of the subfolders contained photographs of Jane Doe 2, Lauren Salzman and Kathy Russell.

 

Lauren Salzman in 2012, pre -DOS.

 

Kathy Russell

Which, of course, leaves us wondering as to the names of the nine women whose “sexually explicit photographs” were in the other subfolders.

Hmm…2005?

I wonder who that might that have been?

Any guesses, Frank Report readers?

About the author

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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  • The additional evidence is felonious in nature.

    Example:

    If the FBI, during the execution of the search warrant for 8 Hale Drive, had found a dead body in an unrelated criminal case, the FBI would not have to ignore the dead body.

    Raniere received no mail, had no bills in his name, did not have a driver license with that address.

    ******
    Krclaviger,

    What did he use as the address for his passport? Maybe he does have an argument.

    • They might not be able to ignore a dead body – but some sorts of evidence regarding the death, and who might be responsible if it’s a homicide, might still be excluded.

      I’d like to know if the issue with the search warrant and the hard drives is an egregious problem, or just the sort of thing that often comes up and is dealt with. Did the investigators and the prosecution really err, or was there some reasonable basis for their operating on the assumption that the warrant did in fact somehow cover the old hard drive?

      And I think that this does show that in a case like this, which is large and complex to begin with, the defense’s strategy is in part to use their enormous resources to leverage that complexity to find and try to exploit the inevitable human errors made – and possibly even force the prosecution into making new ones, as well.

  • Krclaviger,

    What is the address that Keith Raniere uses for his United States passport?

    He receives no mail, no bills, has no drivers license, pays no rent and he has no lease to the property in his name.

    Is the passport address important and is the passport address enough to show his residency and afford Keith Raniere the expectation of privacy?

    Interesting Fourth Amendment question…..

    Krclaviger as always thank you for the insightful legal analysis analysis and and your time spent keeping us all informed.

    • I’m not sure what address he used for his passport – but I’m sure the prosecution will look into that. My guess would be 3 Flintlock Lane.

      I don’t think the address on his passport will be conclusive on the issue but it might be a factor. But if it is 8 Hale Drive, I would have thought Agnifilo would have mentioned that in his filing.

    • Clyne’s one of the few whose nose doesn’t cross counties. Allie & Lauren’s beaks are reason enough to prosecute in both jurisdictions.

  • If any end up being HRC, it would be a scarring scene just to see them.

    Other guess might be a Mexican slave girl? Or is that the Jane Dough #2?

    • —Even though she didn’t join the cult till a year later?

  • The photo’s and videos are in good hands. Anyhow, KK is 36 so who the fuck cares if she is a slut. This whole circus is a disappointment to the public. Kar is buried in deepshit and probably will suicide himself. The cult will live on, thanks to the feds.

  • In the computer trespassing case that NXIVM did with its enemies, how did they get away with using the child porn they found on John’s computer for his charges? Was the search warrant specific to dive into his computer for that?

    I still think NXIVM planted the porn on John’s computer in the first place. That’s just my opinion

  • Could be any unlucky girl, even the ones who “wised up” and got out. It appears that Keith was so horny that the crack of dawn wasn’t safe.

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