Here is a second in Bangkok’s series rebutting the estimable K.R. Claviger’s series on the likelihood of success for the appeal of Keith Alan Raniere. Here is the appeal.
Claviger’s series is as follows:
Part 1: Does Keith Raniere’s Appeal Have Any Appeal?
Part 2, Explaining How the Process Works
Part 3, Analyzing the Appeal in Detail
Part 4, Appeal Has Serious Flaws and Misses the Mark on Critical Issues
Part 5, Misrepresentations & A Waste of Space
Part 6, Not Looking Good So Far for Keith
Part 7 Hopes Dashed by Bonjean’s “Strategery” – Lauren Salzman Cross Termination Not Persuasive
Part 8 Hail Mary Pass Incomplete as Time Expires
Bangkok has previously written: Claviger’s Series on Raniere’s Appeal Has the Appeal of Raw, Unadulterated Crap – the Meat Is in the Racketeering Overreach
K.R. Claviger is not being honest with all of you.
The PINK ELEPHANT in the room is this…
It’s the TOTALITY (cumulative effect) of SEVERAL highly prejudicial errors and rulings — which went against Keith — that will sway this three judge panel to overturn his conviction and order a new trial.
Every element (appeal point) can easily be dismissed by itself. However, when ALL ELEMENTS are taken AS A WHOLE, the truth becomes clear for the appeals court (i.e. the fix was in from day #1).
In this case, Keith was singled out to be treated as a guilty man before the verdict happened — by the TOTALITY of all rulings.
The appeals court will likely decide that the cumulative effect of all errors was more than enough to prejudice the jury against Keith.
Let’s take a look-see at the CUMULATIVE effect of ALL issues COMBINED…
Do all of these issues — when combined together — create a PICTURE of a courtroom that was highly prejudicial to defendant? Yep.
1) Certain witnesses were treated as 100% victims, by referring to them by their first names only. This tells the jury that they are REAL victims and that there is a REAL perpetrator who harmed them; which gives the jury a clear message that Keith is guilty. All by itself it’s not enough to overturn a conviction, but when taken in TOTALITY with every other ruling, Keith’s chances are very good.
2) The STAR WITNESS was treated as a helpless victim by the judge, when he cutoff cross-examination due to crying (if a male witness had cried, no such treatment would have been afforded him; this was highly prejudicial to Keith). Also… As he stopped the cross-examination, the judge lectured defense attorney Marc Agnifilo by telling him that his cross-examination was over, in an emotional tone. It’s clear where the judge’s feelings were (he really likes Lauren); but judges should not show their feelings at all in a trial. Period. It shows the appeals court that the fix was in.
3) The abortions were HIGHLY PREJUDICIAL but not relevant to the racketeering activity. Empress Heidi UNWITTINGLY proved this point in her recent article; where she admitted that every woman who got an abortion did so because they were seeking Keith’s PERSONAL love and respect.
They loved Keith and wanted to have the honor of carrying his child (that’s a PERSONAL decision made by these women). Heidi admitted that Keith applied PERSONAL pressure to their feelings, which is akin to any guy who says “Please do THIS or else I won’t be with you anymore). This has NOTHING to do with racketeering and EVERYTHING to do with their PERSONAL feelings for Vanguard.
Again, the abortions were of a PERSONAL nature, not related to racketeering. These women had PERSONAL feelings for Keith. This was highly prejudicial evidence; since no jury could view that evidence without thinking that Keith is a BAD guy overall.
4) The vulva photos were so prejudicial that no jury could possibly be expected to view them in a way that didn’t make Keith look like a dirty pervert BEFORE conviction. Showing something like that to the jury is a BIG deal. Cases have been overturned for far less. The government crossed the line here and the judge also made his prejudicial feelings known during trial; but the appellate court will realize that this is NOT “par for the course” in our court system. Again, this is just another piece of the puzzle.
There were other factors indicating that the fix was in, like having witnesses LIE about not thinking about getting a payday from a civil trial —- when in fact they already had their civil attorney hired; plus they also did PRECISELY that, shortly thereafter. LOL.
Even though this isn’t a point that can be appealed, it helps to show the appeals court just how dishonest the other side was in this case. It gives them an excuse to go with their gut feelings and to overturn this travesty of justice because THE FIX WAS IN from day #1.
There’s just SO MUCH evidence that Keith was singled out and treated differently.
Thus, the appeals court will likely overturn this conviction due to the TOTALITY of errors and prejudicial rulings which went against Keith.
Also, the FBI agent (who admitted that the photo evidence was tampered with) will likely give the appeals court another reason to view this whole case as a game of “Get Keith”.
Although this FBI witness isn’t a serious appellate issue, it will show the appeals court that Keith might have been railroaded here. The judges are human beings. If they see that somebody’s being railroaded, they will find a PRETEXT to overturn the conviction. It’s a human quality that we all possess.
Plus, Keith’s 120-year sentence (one of the biggest in history for a non-murder case) shows the appeals court that this judge HATED Keith and was “out to get Keith” from day #1.
It shows that he wasn’t being a TOTALLY neutral judge, as his oath requires.
Finally… There’s the ‘NOVEL’ way that RICO was applied in this case, unlike any other case in US history.
I hereby CHALLENGE Mr. Claviger to produce another case where the government twisted the RICO statute in a manner more NOVEL than this.
This is the most NOVEL (contorted) use of the RICO statute in American history. It’s never been used like this before. If the appeals court doesn’t intervene, the government will be encouraged to go after anybody using RICO; simply to avoid the statute of limitations.
It’s like an end-run around the Constitution.
RICO was applied here simply because the statute of limitations had run out on everything except RICO. The appeals court WILL recognize this.
I hate to break the news to Frank Report readers… But Keith’s conviction has a VERY GOOD chance of being overturned during his first appeal. There are TOO MANY cumulative errors here.
You should all be shitting your pants right now ——- cuz Vanguard just might be among us in the near future.
If it’s overturned, the EDNY won’t likely try this case again. They’ll likely offer him a plea deal.
Have a fine day.
I’ll bet this smotelle guy $200 that Keith walks free
This Bangkok guy has totally smacked down Claviger. He will remain silent. He can say nothing. 100 percent agree with Bangkok.
I am, in fact, debating whether to waste my time addressing the various points that Bangkok has raised in his latest diatribe. Now, I know how LeBron James must feel when he’s getting heckled by some 50-year old fat guy in the front row.
Bad analogy I hate LeBron James — should’ve gone with Michael Jordan.
Unlike LeBron James, Jordan isn’t an asshole or a rapist like Kobe Bryant.
Always stick with Michael Jordan!
Gee, a guy from Chicago who’s a Michael Jordan fan. Will miracles never cease?
Trouble is—there are always more 50-year old fat guys than there are LeBron James. By definition, LBJs are LBJs because they never wasted time dealing with hecklers, who are in any case—always with us.
Methinks a diagram of the male organs would have greater appeal to your more anatomically-minded readers. Btw, Bangkok is starting to look a bit like Nice Guy’s prior character images. And a lot less like Denny Burke.
Let’s take a knife to the excrement. Let’s make this interesting. How much – in real, USDollars – are you willing to put up? I say that Vantard will never breathe free again. Who’s with me?
If you’re looking for Bangkok to actually put up real money to back up his conclusions and predictions, you’ll soon find out that he doesn’t have the balls to do that. I offered him a similar wager several months ago — and have never received a reply.
He’s a cyber-bully who hides beyond his anonymity — and who never accepts challenges that would reveal, once and for all, just what a weak mind he is.
Her Empressness is not amused and highly unimpressed with Sir Bangkok’s PERSONAL attacks against the Court, Kingdom and its most noble Kinsmen, K.R. Claviger and Heidi Hutchinson.
Such Stonings tend to disrupt her Ness in the full enjoyment of her Bon-Bon consumption upon her throne and she may need call upon the vulgar Bedouin Knights of Alleghany to mount their mighty Tesla even at grave risk of sand storm stonage and, naturally, being run off the road.
Her Ness’s messengers bring word that the King of Cambodia is unwell and has been long poisoned by his most favored, protected concubine into astral projections of the most unsavory kind.
I refuse to read pieces which uses words in all caps.
That’s funny. You write:
“Every element (appeal point) can easily be dismissed by itself. However, when ALL ELEMENTS are taken AS A WHOLE, the truth becomes clear for the appeals court (i.e. the fix was in from day #1).”
That’s exactly how Vanguard was convicted.
Each single incident can be easily dismissed.
But as a whole –sleep deprivation, starvation, abortions, collateral on and on I SEE A GREAT RICO ACTION.
You checkmated yourself!!
While this entire post was a colossal waste of time, yet for some fucking reason I decided to read it anyway, it did make me realize something.
K.R. (aka Pat) Claviger – did I miss it, nothing was mentioned about the “chain of evidence” in Bonjean’s appeal for the images of Cami that Suneel was screaming about? She mentions only that Cami didn’t testify to the images and others had access to the same hard drive, but raised no objection as far as chain of evidence and doctored photos are concerned.
I did notice they intend to challenge later reliability of Agent Booth’s testimony though (in a footnote), perhaps that is when they will bring it up? Are they able to bring it up later on another separate appeal?
My read on that footnote is that Bonjean is going to file a Rule 33 motion for a new trial based on the claim that new evidence was discovered after the trial was over (Any other type of Rule 33 motion would have had to have been made within 14 days of the verdict). then, when that motion is denied, Bonjean will undoubtedly appeal that decision.
How come she didn’t claim excessive sentence??
That will undoubtedly be a separate appeal. This one is a direct appeal — which, by definition, is limited to “legal issues” that arose during the course of the trial
Bangkok made one good point. The ultrasounds of the aborted fetuses were gratuitous, especially, in view of the fact that abortion is legal in New York State.
Bit disturbing, true, NG…until one considers that they’re all little KARs and the abuse they may have surely been subjected to. Boys and, especially, girls.
The Ultrasounds were not direct evidence in terms of guilt.
I don’t believe it was proper to show ultrasounds — they shouldn’t have been shown until the sentencing phase.
Nicki Clyne dancing around Manhattan!
Last seen dancing around a diner near Chinatown!
If you hang out with me, the chances of an impromptu dance party are 100%
Good catch, Shadow. While your conclusions repulse some of your relentless stalker captures are worthwhile.
I spy the “My Tourettes” miracle cure star, Marc Elliot, there in frame with his table dancin’ sistah, Niki Clyne (reminds me of a Diner scene from Natural Born Killers).
Guess Elliot’s between gigs harassing disabled kids and such with his wandering troupe of potty mouthed, bad actors?
Doubt he’ll get a “fuck” outta Niki but you never know when Tourettes might strike –unless there’s a camera nearby.
—It’s like an end-run around the Constitution.
How can something be an end run and around at the same time?
It’s an oxymoron!
—The PINK ELEPHANT in the room…
There’s a pink elephant in the room alright.
And it’s you claiming to be of the male persuasion. 😉
—It’s never been used like this before.
Are you referring to RICO or one of your orifices?
— I hate to break the news to Frank Report readers… But Keith’s conviction has a VERY GOOD chance of being overturned during his first appeal.
I hate to break it to you, but you’re not an attorney. The only thing getting OVERTURNED, is you, when grandpa sneaks into your bedroom.
Methinks you just make these assertions to get a rise out of Claviger. There has also been a retired appellate attorney who has commented frequently backing up Claviger’s analysis. Please share with us all from where you acquired your J.D. and then perhaps your rebuttals might carry some weight. Have a nice day !
Perfect 10 on the routine of mental gymnastics.