[Editor’s Note: Below is a compilation of comments that K.R. Claviger has made regarding the current debate concerning the nude photos of Cami that were supposedly taken when she was 15-years-old. Because these comments were made at different times, there may be some overlap and duplication.]
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By K.R. Claviger
I hate to burst the big bubble of baseless hope but even if Suneel and the remaining followers of Keith Alan Raniere were right about the point Suneel is trying to make with regard to the possible alteration of Cami’s photo, it would not change the outcome of the trial.
That’s because the photos in question was only relevant with respect to one of the eleven predicate acts concerning Count Two: Racketeering.
That was Racketeering Act 4: Possession of Child Pornography.
The actual charge of Possession of Child Pornography was in Count Five of the second superseding indictment — and that charge was dismissed on jurisdictional grounds and referred to the ‘Hear-No-Evil, See-No-Evil, Not-Indict-Evil’ Northern District of New York.
And even if the same photos were also linked to two other predicate acts — i.e., Racketeering Act 2: Sexual Exploitation of a Child on November 2, 2005 and Racketeering Act 3: Sexual Exploitation of a Child on November 24, 2005 — that still leaves eight other predicate acts that Keith was found to have committed with respect to the charge of Racketeering.
In essence, you’re employing the same strategy that Derek Chauvin’s attorneys used in his recent trial: keep throwing shit ball alternative theories at the wall — and hope that some of them stick. And we all know how well that turned out.
What Were the Charges?
How about you take off the training wheels — and start dealing directly with the seven crimes that a jury of twelve independent people unanimously concluded Keith committed? Just to refresh your mind, those were:
- Racketeering
- Racketeering Conspiracy
- Forced Labor Conspiracy
- Wire Fraud Conspiracy
- Sex Trafficking Conspiracy
- Sex Trafficking of Nicole
- Attempted Sex Trafficking of Jaye
I think Suneel understands the points I make but because he can’t refute them, he either ignores them or he deflects them by responding about a different topic. As much as anything, I make my comments to be sure that Frank Report readers can see the holes in Suneel’s arguments: like thinking that the overturning of one predicate act would somehow undo the outcome of Keith’s entire trial.
Keith Could Have Called Cami as a Witness
I can’t recall whether anyone has already raised this point but it should be noted that Keith also had the right to call Cami as a witness. Granted it may have been difficult for Keith’s attorneys to force her to show up in Brooklyn, NY for the trial — but the question is “Did they try to do that?”
And since Cami was being represented by an attorney paid for by Clare Bronfman, did Keith’s attorneys even interview her?
FBI May Not Have Followed Protocol
In the meantime, however, I do want to point out what normally happens when the FBI — or any other police-type organization — has seized electronic evidence. The first step in most standard protocols is to make a duplicate/mirror image of the electronic evidence — which allows forensic examiners to examine the evidence all they want without disturbing its condition at the time it was seized.
It does not appear that was done here — at least not by the person who accessed the camera card on September 19, 2018.
Correcting Misrepresentations
I also want to point out how some of the misrepresentations that are being bandied about by various commenters.
Based on my original review of the trial transcripts — which was back when the trial was going on — here are some statements that I do not believe are accurate:
– The FBI waited six months to log the camera card into evidence. There is absolutely no evidence to support this claim — and the only way to be sure, one way or the other, would be to review the FBI’s evidence logs.
– The camera card went missing. There is absolutely no evidence to support this claim — and just because someone accessed it on September 19, 2018 does not mean it ever left the FBI’s evidence room.
– The FBI tampered with the camera card. There is absolutely no evidence to support this claim — and the fact that someone accessed the card on September 19, 2018 does not prove they tampered with it.
To be sure, it looks like the FBI made a mistake by allowing someone to access the camera card on September 19, 2018 without going through the appropriate protocol steps. But, as of right now, that’s all we have evidence of: i.e., that an undocumented access occurred.
FBI Accessed Camera Card but No Proof Has Been Shown That They Tampered
I think this is a classic example of how people who were part of NXIVM/ESP try to use one fact to prove several different things. In this particular instance, it’s a fact that someone accessed the camera card without going through the proper protocol of signing it out (It’s also possible that this access happened before the FBI made a duplicate/mirror image of all the electronic evidence it had gathered in the case).
While that is unfortunate, it does not mean that “the camera card went missing” or that “someone tampered with the data on the camera card” or that anything else nefarious happened. It means that someone accessed the camera card without going through the proper protocol of signing it out.
And does anyone really believe that if the FBI actually tampered with the evidence, it would have left this sort of electronic trail behind?
Child Porn Was Not a Felony Charge in Raniere Case
Let me, once again, remind all Frank Report readers that the charge of Possession of Child Pornography was dismissed by Judge Nicholas G. Garaufis for lack of jurisdiction — and referred to the Northern District of New York for prosecution (The fact that the NDNY will never do anything with this charge is frustrating but irrelevant for the purpose of this discussion).
What the nude picture of Cami at the age of 15 was used for in Keith’s trial was to support three (3) of the sixteen (16) predicate acts that were the basis of the charge of Racketeering. And since the jury found that the prosecution had “Proved” that Keith committed all 16 of those predicate acts, I think it’s safe to say that they still would have found him guilty of committing the other 13 unrelated predicate acts.
Does anyone seriously believe that the jury would have found Keith “Not Guilty” of Racketeering if three of the alleged predicate acts were thrown out? If so, then they probably also believe that Keith is going to win on appeal, be offered a plea deal where he is sentenced to “time served’ or simply not re-tried at all, and that he will return to Clifton Park to resume his mission to save the world.
C’mon people, you’re better than that!
They deliberately put up a smokescreen, as cults often do, of half-truths or confusing facts and ignore the central and important things – like at trial you have your one chance and you cannot come up with new stuff later. The basic system is each side has a chance to present its arguments. You cannot keep changing your case and after your conviction have another shot. They just don’t seem to have listened enough to lawyers in the first place. KR would have been a very bad client as he would not in humility take expert advice and instead probably thought he knew more than his lawyers. Same with the FLDS cult leader who said “Answer them nothing” (defend none of the financial claims against the church, etc. – and look where that got them? They lost them all). KR had loads of experience with lawyers but only in using the legal system as a blunderbuss to pursue alleged enemies for years using vexatious litigation.
Speaking of bubble bursting, any word on whether or not Keith’s been pricked in sex prison yet?
I only ask to respect and address the chief concern of his followers as to preserving the sanctity of his hiney hole what with all these outrageous, disproved pedo accusations flying around like monks on broomsticks. 😰
I thought the whole reason for the appeal was “reverse the child pornography charge, image history too questionable”.
I didn’t realize the charge was already dismissed.
This is all part of the intentionally confusing arguments that Keith’s lackeys put forth — with the sole objective of confusing those who are trying to follow the case. Basically, it’s just another version of the old motto “If you can’t dazzle them with brilliance, baffle them with bullshit”.
My2cents-
Don’t feel too bad. I’m in the same boat.
K.R. Claviger-
As always, topnotch legal analysis and an excellent explanation of “legal jargon” for us lay people.
Thank you, Claviger!
I think all this tampering nonsense comes from Raniere’s lies to his followers over the years. Whenever a negative news article came out about him, it was people trying to get him because he was so good and they were threatened by his efforts to save the world. The truth was that no one important gave a shit about him, and he was just covering his ass.
But, the leftovers still believe that he was so important that the FBI would tamper with evidence to get him. They didn’t even need that photo of Cani to “get him.” There was so much evidence of criminality, he would have been convicted without the pictures, as you clearly state in your post.
I was about to give up on the FR after that last series of posts. If it wasn’t for your voice of reason, I definitely would have.
It ain’t illegal in God’s eyes, the holy union of a man and a post-pubescent woman. What’s wrong with this country?
Mary, the mother of Jesus, was 15 years old. The age of consent is puberty. Once puberty is reached, this is God’s sign the woman is fertile.
She is a woman and she can give birth. Why do all of you people think you know better than God does?
Separation of church and state. God’s not writing the laws and running the prisons. Don’t want to live by the laws of this state? Move to another one. I guess Raniere tried to do that – shoulda happened before he violated the laws of this state though. And no, I don’t think any of that excuses any of his behavior. He’s been a predator most of his life.
Very good answer, L. When Gina and I were in India where you’d see all kinds of insanity and atrocities going on in the name of some god or another, all I could think was thank God for separation of Church and State and rule by law in the U.S. GOD BLESS DEMOCRACY and OFF WITH THEIR HEADS!
‘Why do all of you people think you know better than God does?’
It seems that you are the only one making that claim.
Along with impregnating girl children at the first sign of menstrual blood, do you pay tax and have good plumbing in your God’s Realm?
“The age of consent” is a legal term defined by law-makers. Puberty is a natural physical stage and process of the development of the human body which prepares it for child producing purpose, but not necessarily child-rearing one. It is but a physical marker and is neither a sign of emotional nor intellectual preparedness for main purpose of the sex act–producing and rearing children. Its (possible) intense pleasure is merely secondary and is an evolutionary adaptation/teleological function to entice humans to copulate for the survival of the species and intimately and emotionally bind two individuals together for the long-term process of raising children and all of what that entails for their proper development and growth. The human being is not a non-thinking, non-emotional, biological sex machine, but a rational animal. This implies that there should be a rational basis in all that a human being believes and does.
The Vanguard couldn’t have cared less about what is true in God’s eyes, or what is natural, except when it fit his self-serving agenda, as can be seen in his misogynistic attitude towards and treatment of women and his behavior with regards to children, whether possible or actual. He forced (directly or indirectly) many women to have abortions (dozens or more), he treated his first born son as if he didn’t exist, and he hardly cares about his second child.
Nature Girl. I am disappointed. It was immaculate conception in Mary’s case. It was virgin birth. Joseph was gobsmacked. Why? Because he was a law abiding gentleman carpenter! The only wood he entertained was while chiselling and sanding table legs. Like I said, a gentleman!
Nice analysis . Thank you
Thank you, Clav, for again contributing your voice of reason.
To your point that defense counsel could have called Cami but didn’t, there were some indications that, in fact, Cami was dissuaded from appearing at all due to threats (or suggestions) that she would be charged with Visa fraud were she to set foot in the U.S.
What do you make of that situation? Does that constitute witness tampering on the part of whoever may have led Cami to fear being found and forced to testify at trial?
What is the process with regards to the appeal? It’s been filed, then what happens and what is the likely timeframes for the various stages? I hope my actual questions make sense!
Use some simple game theory. Moira knows that if the photos were planted, keith would have known and told his lawyers, and his lawyers would have had Moira disbarred and tossed in jail, and keith would be freed (yay!). But he didn’t, because they weren’t, and she’s not that stupid.
So I guess what you are saying Claviger (whoever you are) is that mother fucker Frank made us read six mother fuckin’ articles for no mother fuckin’ reason?
Slap my heinie.
Based on the portions of the testimony that Frank published and reviewed, it appears to me that the FBI likely did not follow “best practices” — and/or its own protocol — in at least two instances with regard to the electronic evidence that it seized from Keith’s Executive Library: (1) it should have duplicated/mirror-imaged everything as soon as it was seized; and (2) it should never have allowed anyone to access any of the evidence without having a record created (It’s also possible that the FBI did not log-in all of this evidence as soon as it acquired it but I don’t think that actually happened).
Given that there are legitimate issues with the way that the FBI handled this particular evidence, I would have used those issues to raise questions about how it handled all the other evidence. That line of questioning may have raised some doubt for one or more jurors — which is exactly what Keith’s attorneys needed to do in this trial (Think: “If the glove don’t fit, you must acquit”). Instead, they dealt with it as a singular issue — and moved on.
Now, we have some of Keith’s lackeys trying to argue that he deserves a new trial over what amounts to a minor issue that only applies to a couple of predicate acts. And using it to spin all sorts of new arguments without any evidence to back any of them up.
So, I actually think this was all very useful in documenting how the dead-enders go about doing what they do — and how they disappear when their charades are exposed.
I’m just gonna dare say it: coulda been an inside job. Have we ruled that out? Think Aldrich Ames, moles do exist in govt. agencies and you’d be surprised how cheaply some people in uniform of all sorts (or not) can be bought for a one-off trick in performance of their patriotic duty these days.
“Based on the portions of the testimony that Frank published and reviewed, it appears to me that the FBI likely did not follow “best practices” — and/or its own protocol — in at least two instances with regard to the electronic evidence that it seized from Keith’s Executive Library:”
LOL
‘Best practices’?
How about violated every practice?
The term “best practices” refers to the procedures that are generally considered the correct and/or most efficient way to do something. All professions have them — and in this context, I was referring to how law enforcement personnel around the country generally agree electronic evidence should be handled.
The FBI’s internal protocols are the procedures that they’ve adopted for doing certain things — like how to handle electronic evidence.
In either case, please tell me some of the other “best practices” and/or “protocols” — that the FBI violated in this case.
Your bottomfeeding strata of dork-headed bullshit, Alanzo, fails to “baffle.” This isn’t even your first rodeo, either. So it is, just as many individuals are quite willing to point out to you. Your bullshit has never sparkled. What might that tell you, ask yourself?
Too ossified? Shrunk by Scientology. No more free porta-potties?
Comatose, even? Nobody around right now for you to harass at some airport and to have it all caught on video?
What a rerun of a stinker of a show.
No, no. U go first. By all means.
Ice-nine
Sublime logic! On the money! Seriously!
“You are right; Kieth would have had his attorney press the prosecution hard and challenged the evidence at trial, with an army of experts.
“Use some simple game theory.”
-Ice 9
The father of logic, Aristotle, just — [redacted] in his pants.
BTW: I thought Franks’s thorough discussion of the evidence was an interesting exercise.
“Question everything…”-Socrates
Questioning things, such as evidence, is never wrong.
At times, I was somewhat annoyed myself…
…BUT at the same time, Frank wasn’t holding a gun to our heads, forcing us to read the articles.
He wasn’t, but he’s still a mother fucker though lol
😂
What a weird hill for Suneel to die on. I hope he is able to deprogram himself soon.
Thank you, Claviger, for shedding light on this issue. (Or non-issue, as I believe it to be)
So, it appears that from a legal perspective and in terms of any appeal of Raniere’s conviction, the case of the accessed memory card is a non-starter.
It’s also a non-starter from the broader perspective of justice. This issue came up in court before the jury. Raniere’s lawyer tried to make an issue of the unlogged access. The jury evidently found it as insignificant as I do, because they convicted him on every count.
So why would Raniere be entitled to a retrial? The point has already been considered by a jury.
If we want to talk injustice, what about the injustice of Raniere never being charged with Possession of Child Pornography on narrow jurisdictional grounds? A mere legal quibble. Note well that Judge Garaufis, who is imagined by the dead-enders to have a grudge against their darling Vanguard, dismissed the charge. And the government, the NDNY, let Raniere off scot-free on this serious felony charge. Where’s the justice in that?
I’m a firm believer in protecting the rights of the accused. That includes scurrilous scumbags like Raniere. But I’m also a firm believer in the demands of justice. Criminals deserve to be locked up.
Those charged with crimes deserve the presumption of innocence and a fair trial, and Raniere got both. What he does not deserve is a do-over of his trial. Not on the grounds of a mere quibble. In a criminal case, the prosecution must prove the defendant guilty beyond a reasonable doubt. It does not have to prove him guilty beyond the slightest shadow of a hint of a doubt.
Now that Allison has a date to be sentenced, Raniere (and his lawyers, and Suneel) may finally realize that his protests and whining will amount to nothing. As we all knew from the start. He stays in prison, Allison will do time. How much? Stay tuned.