Tom Gargiulo attended the court hearing of Keith Raniere and the other Nxivm defendants [sans Nancy Salzman] on January 9, 2019. He provided us with excellent pictures in his photo essay of the prosecutors and Allison Mack leaving court. Now Tom has taken to thoughtfully describing his observations in the courtroom in prose.
By Tom Gargiulo
I
The US Federal Courthouse in Brooklyn, NY is an imposing structure. Upon entering one notices its multi-tiered cascading levels and a sense of overwhelm arises. It reminds of a prison, except that most are allowed to leave.
Entering Judge Garaufis courtroom on the 4th floor there is a similar feeling with its high ceiling, cold Carrara marble backdrop and only a single window placed far above eye level so that no one can see out or in.
The court was entirely empty upon entrance. Slowly, the players began to arrive and populate the room like the cast of a stage set that would slowly put a drama into motion. First, clerks; then, assistant defense attorneys, prosecution attorneys and then the principal actors and actresses: Kathy Russell, Clare Bronfman, Lauren Salzman and then Allison Mack accompanied by their principal attorneys.
Mack, carrying a large, bulging black knapsack took the position of social chairman and smiled broadly with over-expressive facial features at everyone and hugged Salzman and Bronfman. All the hugging did not seem appropriate considering the grim circumstances. Sex trafficking is not much cause to celebrate anything.
Finally before the stage was set, lead attorney Mark Agnifilo made his entrance looking jovial, comfortable and tanned while sporting an expensive suit and watch that glittered of gold and diamonds. I wondered if Agnifilo grasped the seriousness of the matter as well. But, in a time when “everyone is their image”, all appropriateness has become lost anyway. Finally, the master of ceremonies Judge Garaufis appeared and the stage was set for Keith Raniere to be led through a side door. Raniere was serious, focused and sober. Some may claim his long dyed hair is scruffy but he cast the strange shadow of a melancholic intellectual (a moody Bob Dylan?) behind his strong dark glasses. During the proceeding he was positioned to only make eye contact with the judge and attorneys.
II
Motions are important because they determine the scope of the trial and how it will unfold. Under argument is the flow of information between the prosecution and defense with defense claiming they are not getting specific information about charges of racketeering, identity theft, sex trafficking, forced labor, coercion and money laundering.
Lead prosecutor, Moira Penza began arguments with a slight and hesitant voice tone. If I were not in court, I’d have thought I was listening to a teenager or young adult rather than a strong, confident lead prosecutor. Arguments proceeded with Prosecution re-iterating they are not required to give specific information now, can interview everyone in DOS if they want specific information, and they will eventually get specifics two weeks before trial.
Defense demanded specifics and countered that “knowledge and intent” that one is breaking the law must be proved for extortion and forced labor charges etc. and that no serious harm was done.
If the defense is accurate that “knowledge and intent” must be proved, I was left wondering if all the defendants operated from the same knowledge base. For example, is it fair to equate Keith Raniere’s knowledge with Allison Mack’s? In particular, Mack strikes me as someone who is insecure, needs to make herself the center of attention to prove she is likable and is not intellectually focused. She is someone who is easily swayed by her own need to be liked by others and may have had no knowledge or intent to break the law regarding forced labor or extortion charges which make up the heart of sex trafficking. What’s to become of her as other defendants request their trials to be separate or negotiate plea deals?
III
In the end I wondered why we were all there. The arguments between defense and prosecution seemed like a winnerless, repeating duel with Judge Garaufis preferring the prosecution with his comment “perhaps plaintiff DOS women felt the threat of sanctions”.
And, Garaufis seems a bit taken in by the unreal, celebrity aspect of this trial. In the middle of the proceeding when Mack’s attorney requested a bathroom break, the judge strangely asked Allison Mack if he had seen her earlier in the morning in the court cafeteria! The comment caught me off-guard; but scarily, I was worried he might ask her out to coffee. Fortunately, for all of us, he did not.
In disappointment I kept wondering why weren’t we discussing the real issues: pedophilia, harassment of dissidents who became impoverished or went to jail, lies and deceit about someone claiming to be the smartest man in the world and made claims about creating an ethical civilization but had no ethics himself, and the public servants who lied and enabled him? And, why didn’t we remember the people that died at the hands of Nxivm.
Frank Parlato 
Janine Morrison 
J.J. O'Hara 
Richard Luthmann 
Marie White 
Paul Serran
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[…] 12, 2019Frank Parlato An anonymous reader, commenting on a recent post by Tom Gargiulo, wrote that, “If Allie Whack doesn’t know that it is wrong to blindfold a woman, drive her […]
[…] 12, 2019 An anonymous reader, commenting on a recent post by Tom Gargiulo, wrote that, “If Allie Whack doesn’t know that it is wrong to blindfold a woman, drive her […]
Thanks for your live perspective, Tom. You’re good with prose. But are you sure you’re not projecting your own desire to have coffee with Allison Mack onto Judge Garaufis?
“Didn’t I see you in the cafeteria earlier?” sounds more like the Judge was acknowledging that Allison wasn’t faking her need for a potty break because he saw her drinking coffee earlier himself.
Like he’s someone who makes determinations by the facts he knows to be true, not someone who’s influenced by a pretty face or celebrity status as you suggest.
I think you may also be misjudging Ms. Penza due to her age and gender. And if you’re an Italian (or Hispanic) man of a certain age or generation yourself without journalism or other investigative training, that settles that in my mind.
It’s possible Ms. Penza hasn’t yet honed the showmanship skills of an Agnifilo but she and her prosecution team have been 110% on point and admirably haven’t missed a trick yet against some very formidable tricksters who are all show — full of glitz, smoke and mirrors with little substance.
From the same scribe who famously penned, “First, kill all the lawyers,” this quote may help your writing:
“To thine own self be true. For then it follows as night the day, tho canst be false to any man.”
– William Shakespeare
Part of judges job is to maintain the boundary of the courtroom which provides an atmosphere of safety and fair play among participants; comments that are open to interpretation can violate the boundaries and lead one to question his impartial authority.
Yeah, well, those black robes judges don for court could be interpreted to mean they’re all secret Satan worshippers, too. Lol. (Sarcasm.)
It’s just a thought but perhaps Judge G wanted to signal he doesn’t miss a thing, he’s observant and that’s why he asked if he had seen Mack in the cafeteria.
What do you make of Tom’s last name, Leon? “Gargiulo” — combo of, suggestive of, Gaurufis and Agnifilo?
And if it is a fake name, with meaning, what else is fake about Tom? What’s the net of Tom’s post on FR and its readers?
– Pics of Allie’s cankles are cruel and sexist.
– Pics of poor Allie’s tattered backpack and worn boots also engender pity.
– Put downs of prosecution team and Judge encourages anamosity and distrust of the Court and FR.
– What else is really going on here?
Heidi I detect a little prejudice and racism “Italian or Hispanic of a certain age.”
Careful who you insult on this blog
Inappropriate from someone that is “a know it all.”
Good advise. Don’t understand why else someone would go after a lead prosecutor, Ms. Penza, who’s doing an amazing job and probably working her ass off short staffed for peanuts vs. the barrage of richly rewarded defense counsel?
Btw, are young brides still forced to lay a bouquet of white flowers at the feet of the Virgin Mary to signify their own virginity in Italian catholic wedding ceremonies?
Or is that double standard finally dying out? Along with the double standard that says a woman who speaks with any authority can be chastised as being a “know it all,” etc. while a man is always welcome to loudly voice his opinion no matter what he knows or not?
Good observations! Always good to hear impressions from a person outside of legal field.
What you are seeing, no doubt the Defendants are feeling. But trying to cover it up with smiles, hugs, n bravado.
Btw, Rolex + Diamonds = Super cheesy and insecure owner. Trying to compensate?
Dennis, the way you constantly throw all non-Mexican defendants and fellow attorneys under the bus here only further demonstrates how you’re there to protect one single Mexican individual, to the detriment of all other defendants and parties, including your own co-counsel and your client of record, Clare Bronfman.
With your vast knowledge of all things, Dennis, you surely must be aware the VPN you use to post on this site is not enough to prevent your identity from being revealed in connection with your posts. You may respond with yet another clever reply to continue rationalizing things your way or pretending you know exactly what you’re doing. It’s how you keep kicking the can down the road, sustaining this fake image that you know it all, while rationalizing things your way which must feel better than facing reality. Do your clients or fellow attorneys still believe your bullshit, that they’re not going to be sucked in to your quicksand by following your guidance? The always present arrogant “Burke overconfidence” is seen again throughout your posts on frankreport. To begin, your sophomoric belief that you can hide behind your VPN reflects yet another misguided assumption by you. And so much more.
If Allie Whack doesn’t know that it is wrong to blindfold a woman, drive her a few hours from her home and force her to have sex with an unknown person (perhaps herself) for Raniere to watch, then she really does need to be locked up for the rest of her life to protect society-at-large.
Same goes for holding down a screaming woman to have her flesh painfully and permanently seared under the guise of doing it to help make her stronger.
It’s a great basis for an insanity plea, but leaves her entirely unrehabilitateable.
Can you please site your reference for…”drive her a few hours from her home”?
Are you confusing Sarah Edmonson’s account involving Lauren Salzman with an account involving Allison Mack? Or is there an account where Allison was involved in a victim’s blind-folded drive for hours?
Also, we don’t know that the victims were or were not driven any actual hours-long DISTANCE FROM their “homes.” This point is critical as to jurisdictions.
NX has had jurisdiction problems in the past — especially when Saratoga County refused to prosecute the bogus computer trespassing case so NX moved their servers to Albany County where they already had corrupt officials on the take to take the case up for them.
It’s possible that that “hours-long drive” was a cover-up meant to argue the *possibility* the trafficking crimes occurred in different district, just in case one district decided to prosecute where another didn’t but arguably holds the sole jurisdiction to do so.
Btw, Why was Allison interviewed in NYC by the NYT when she made her “admission,” while all the others were interviewed in Albany or Mexico? When did Clare set Allison up with that stylish apartment in NYC?
Not that Allison is not complicit in her own taking of “one for the team” — in fact, that “poor girl” tattered backpack, worn but badass boots, “cankle” flaunting, highlight-free, naturally mussy hair look she sported at the last hearing, along with her latest public admission, screams: “Clare Bronfman hasn’t given me a dime ever and isn’t paying for my attorneys ever and I’m just a poor little Pinnochiette everybody’s making fun of because Gipetto didn’t whittle my ankles right, not because I have an eating disorder…” yada yada.
Still, I feel sorry for Allison because she thinks she’s taking a hit not a bullet, and that the hit will somehow eradicate the fall-out from the nuclear bomb they’ve set off on themselves.
Get yourself a new backpack and a new lawyer, Allison, if this one isn’t advising you to plea while there’s still $$$ in the pot to pay him to help negotiate.
I pray this isn’t another Judge Ito.
An unusual perspective. Some report Raniere as looking like a clown or having weirdly dyed frizzy hair and looking basically terrible, whereas you see him as serious, focused, sober( one would hope so) and as a sort of Dylanesque, with the ‘strange melancholic shadow of an intellectual’. Others describe the Prosecution as the mighty force they actually are, but you’d have thought you were’ listening to a teenager or young adult rather than a strong, confident lead prosecutor.’ Thank heavens your perception is not everything. Glad to hear Aggie’s coming with the ‘diamonds in my rolie’, nice suit, smooth tan, so at least someone is profiting like a G from this case.
Just the fact that he is attempting to dye his hair in prison, acknowledges his own perception that he looks like shit!
If he thought he was looking good, while bother.
I wouldn’t have thought hair dye was available to the prisoners….maybe Keith us using some type of homemade concoction to try to cover the grey, and that is the reason his hair looks so strange?.
Perhaps his lawyer can convince Keith to just let his hair go grey and have it cut short, so that he looks normal….but its probably better if he looks like a demented cult leader during the trial, right?
..Well, that’s what he is after all, right?
Obviously. But most lawyers try to convince their clients to clean up and look respectable while they’re in court.
Apparently his lawyer has not succeeded in persuading him.
So the lead prosecutor seems in over her head, and the judge has a poster of Chloe Sullivan in his man cave. Thanks for the update – I think…
Style points will go to the defense because they are more experienced, relaxed and confident. BTW: the defense is composed almost equally of women and men.
HOWEVER, much more important is the potentially compelling testimony and evidence that the prosecution will likely present.
It is rare that a charismatic attorney such as Jose Baez can turn a trial simply on the power of his persona and his ability to reframe events consistently with an innocent verdict.
Thanks for the article Tom.
What is a Style point in this context?
Lol, you Nutjob!
The lead prosecutor does not seem “in over her head”. In fact the lead prosecutor seems to be doing just fine.
Heather Anne?! We’ve been looking everywhere for you! I swear I won’t tell, though. We just all hope Heather had the most wonderful holidays ever and maybe a miracle or two happens — if it hasn’t already, it’s on the way!
second that!!
… These are preliminary hearings, so the meat (so to speak) of the matter won’t “come up” (oops, I did it again) very much until the trial starts. If it ever does, as they could all plead out.
I thought we were able to criticize the author of an article? The … is removal of my opinion of the writing style.
Ha Ha Scott. Be nicer and you won’t get censored.
But then I wouldn’t be me.
Yes you will, just a less rude you! I think you’ve made some good interesting comments lately and humourous ones. You probably often did but they were lost in all the rudeness and overlooked but less rude definitely works!
Go write somewhere else. The story is not about you Scott Johnson.
Ever consider you have a pathological need to insult people because of your own insecurities and shortcomings?
Self-awareness is a highly important commodity in extremely short supply, and it is missing in extra measure from the trolls who frequent this place.
“Mack took the position of social chairman and smiled broadly with over- expressive facial features at everyone and hugged Salzman and Bronfman. All the hugging did not seem appropriate considering the grim circumstances. Sex trafficking is not much cause to celebrate anything.”
Expressive facial features are called mugging.
Like mugging for a camera.
So Alison Mack was mugging and hugging.
Leave it to the actress Allison Mack to put on a show.
It was “a stage set that would slowly put a drama into motion. ”
With a defendant like Alison Mack it will be less of a drama than a farce.
“Mack strikes me as someone who needs to make herself the center of attention to prove she is likable and is not intellectually focused.”
Alison Mack wants to be the bride at every wedding, the corpse at every funeral and the prisoner at every execution.
Does Allison Mack understand the importance of the charges against her?
Does Allison Mack understand that she is charged with branding women like cattle?
Does Allison Mack understand that she allegedly paddled women?
Does Alison Mack understand that she is accused of starving women and locking them in cages?
Does Allison Mack know that she is indicted for collecting blackmail information against women?
Does Allison Mack appreciate that she is accused of using coercion against women to compel
those women to have sex against their wills?
Does Allison Mack have enough of a brain to qualify as brain washed?
Is Allison Mack too stupid to understand that she is accused of brutal, cruel acts against women?
Of course prisons are filled with stupid people.
“Mack,took the position of social chairman
and smiled broadly with over- expressive facial features at everyone and hugged Salzman and Bronfman. All the hugging did not seem appropriate considering the grim circumstances. Sex trafficking is not much cause to celebrate anything.”
Leave it to the actress Allison Mack to put on a show.
Expressive facial features are sometimes called “mugging”.
Like mugging for a camera.
So Allison Mack was mugging and hugging.
“Mack strikes me as someone who is insecure, needs to make herself the center of attention to prove she is likable and is not intellectually focused.”
Allison Mack wants to be the bride at every wedding, the corpse at every funeral and the prisoner at every execution.
According to the indictment and to media reports Mack branded women, paddled women, forced women to go on starvation diets, kept women in cages collected blackmail and compelled women to engage in sex against their wills.
Is Allison Mack too stupid to understand the importance of her actions?
Does Allison Mack even have enough of a brain to qualify as brain washed?
Does Allison Mack understand that her actions were brutal and cruel?
Of course prisons are filled with stupid people.