Judge Nicholas Garaufis has granted Nancy Salzman’s request that she be allowed to meet with her co-defendants outside the presence of “her” counsel for the purpose of trial preparation.
She may now meet with co-defendants, Kathy Russell, Keith Raniere, Clare Bronfman, and Allison Mack, as long as their attorney is present.
This is a modification of her original bail conditions – which required, among other things, that she meet with any of her co-defendants in the presence of her counsel. As of right now, her co-defendants are still required to have their attorneys present when they meet with her and other co-defendants.
Nancy is also currently permitted to see her daughter and co-defendant, Lauren Salzman, daily at her home without any attorneys being present. This condition was granted based on Nancy’s illness. She is/was recovering from breast cancer surgeries.
Based on a prior bail modification, Nancy is also permitted to go outside her home and travel freely within the Northern District of NY, after having been subject previously to home confinement. She is, however, required to be home each evening and must continue to wear an ankle monitor.
Nancy could conceivably visit Keith Raniere in prison in Brooklyn if one of his attorneys were present. She would, however, have to get permission from the court to travel to Brooklyn, which is in the Eastern District of NY.
Nancy could also meet with Allison Mack, whose attorneys are in the Eastern District of NYC, while Allison remains under home confinement in California, whenever Mack is in New York City. Nancy could meet with Kathy Russell, who lives in the Albany area – but since her attorneys are in NYC [Eastern District], unless they were coming to Albany, Nancy again would have to get permission to travel.
Clare Bronfman, like Raniere, lives in the NYC area. Her attorneys are also located there.
In order to take advantage of this latest bail modification, Nancy would likely travel to NYC.
Unless she is once again excused from attending due to illness, Nancy is due in court in Brooklyn on Monday, along with all the other defendants for a hearing regarding the trust fund that pays for all the defendants’ attorneys except Bronfman.
Perhaps then she will be able to meet with one or more of her co-defendants without her attorney present but with their attorneys present.
Perhaps it does not make much difference which attorney is present since all the defendants’ attorneys [except Clare’s] are being paid by the trust. This latest motion, however, suggests that, as of now, Nancy is still part of the joint defense agreement – and has not, as previously speculated, made a plea deal.
AUSA Moira Penza, and Pretrial Services Officer Michael Dorn had no objection to Salzman’s request to meet with her co-defendants as long as at least one attorney was present.
The request seems not unusual, and one attorney familiar with the proceedings said he saw it as a mere practical consideration – as a cost-saving measure and one of convenience for the attorneys.