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.