Frank Report likes to publish opposing views. Here is one decidedly opposed to what most readers think. It appeared originally as a comment, but it stands well as a post. Of course the question looms — if the FBI really did plant the photos, where did they get them from? Obviously, the writer of this comment has chosen anonymity for his or her own safety and privacy.
I think there is no question Keith Raniere will eventually get a new trial. The photos were planted. That’s all there is to it.
The Government almost got away with this, but now they’re caught. This whole case is going to blow up and it’s going to be a shit show for years to come. Judge Nicholas Garaufis will deny all the motions but the Second Circuit will not. This will be a bigger story than Keith’s trial and DOS. God knows the can of worms this will open up for the EDNY.
For victims of NXIVM reading this, prepare for the worst. The government blew this. It was a stupid, stupid move but not hard to imagine their rationale. Reckless Cowboy Justice. Prior to the “discovery” of the Cami pictures in March 2019, the prosecution was facing five co-defendants along with Keith, each with 2-3 top level attorneys on their teams. All saying “not guilty”.
Imagine a trial without Lauren’s testimony?
Or worse, Lauren saying DOS was voluntary adult consensual relationships and Daniela’s confinement was voluntary and supervised by her parents?
A trial with no tapes produced by Allison and Allison also saying DOS was voluntary, personal growth?
Nancy saying she had no idea editing discovery in a civil case (Ross) was illegal?
Plus the Government facing five teams of attorneys backing Keith? Each with a chance to cross-examine each witness and each putting on a defense?
They all would have been acquitted.
All the evidence of Keith’s sexual relationship with Cami was Daniela saying “Keith told me he had sex with Cami when she was underage,” (total hearsay) and a text message from Keith to Cami saying, “we’ve been ‘married’ for 8.75 years” dating their relationship to fall 2005.
But explainable in terms of reasonable doubt.
I can think of a dozen stories Keith could have made up to explain away that text which without the pictures would have been hard to dispute. Cami having an abortion at 20 means nothing. Her telling a nurse she had “been with” her partner for five years is tenuous at best. None of this means Keith didn’t abuse Cami at 15.
THEY JUST COULDN’T PROVE IT.
That’s where the prosecution’s case was at in March 2019. Shockingly weak. Then the pictures of Cami were “found” and all the co-defendants plead guilty, one by one. Game over for Keith and the Government has an enormous victory broadcast internationally. One big illusion shattered then another. The illusion that NXIVM was about personal growth, to the illusion that the Department of Justice acts within the constraints of the law.
So be it.
I wouldn’t mind watching Keith Raniere get convicted again on Clare Bronfman’s dime.
Imagine if federal courts could enter decisions based on nothing more than “that’s all there is to it.” Whee!
There is a legal doctrine called “The Fruit of the Poisonous Tree”.
There is no doubt that the alleged discovery of nude photos of Cami flipped the case for the prosecution.
Whether it would exclude the testimony of all the defendants is an open question.
Fruit of the Poisonous Tree
A doctrine that extends the exclusionary rule to make evidence inadmissible in court if it was derived from evidence that was illegally obtained. As the metaphor suggests, if the evidential “tree” is tainted, so is its “fruit.” The doctrine was established in 1920 by the decision in Silverthorne Lumber Co. v. United States, and the phrase “fruit of the poisonous tree” was coined by Justice Frankfurter in his 1939 opinion in Nardone v. United States.
Like the exclusionary rule itself, this doctrine is subject to three important exceptions. The evidence will not be excluded:
if it was discovered from a source independent of the illegal activity;
its discovery was inevitable;
or if there is attenuation between the illegal activity and the discovery of the evidence.
Nicki Clyne knows of the Fruit of the Poisonous Tree doctrine and presumably she has heard of it from Raniere’s legal team.
Nicki has mentioned the doctrine on her Twitter page.
Shadow: I suggest you stick with reposting things from right-wing websites because those are things you understand. Your total lack of comprehension as to why the “fruit of the poisonous tree doctrine” is inapplicable in this case is matched only by Nicki Clyne.
Tell us why Biden and the Department of Homeland Stupidity want to fire unvaxxed Border Patrol Agents when they allow unvaxxed illegal aliens into America.
House Judiciary GOP: Biden ‘Threatening To Terminate’ Major Portion Of Border Patrol Agents If Not Vaccinated
The House Judiciary GOP claimed on Tuesday evening that a whistleblower has come forward and alleged that the Department of Homeland Security (DHS) has notified U.S. Border Patrol agents that they will be terminated if they do not receive the coronavirus vaccine.
The House Judiciary GOP said in a tweet, “Whistleblower alleges that Border Patrol agents have been given official notice that they must be fully vaccinated by November 2021 or face termination.”
B O O M !
Long before I even scrolled down…I knew KR had this.
Your opinion is very informed and valid. To me and to us.
Hi, again, Shadow!
I’ve got some very ripe and very poisonous fruit on my tree. You wanna pick some fruit or hug my big trunk? Maple-syrup season is cOmIng…I bet you’d like syrup on your pancakes. Mmh!
Save your pornographic writings for the magazine “San Francisco Erotica.”
Is Shadow gay and closeted?
Methinks the lady doth protest too much.
I have never heard of the store
“San Francisco Erotica”, until now.
Pray-tell, how did you ever hear, about such a sinful shop, my dear Shadow?
America is such a vast land and you picked out a, obscure, gay-boutique-pornshop.
Have you ever visited the ‘back alley’ — of San Francisco Erotica?
Per chance, do you own leather-chaps, cutoff jean shorts, pjs with the bottoms cutout?
Another “provocative” piece that provokes only laughter.
Imagine “A trial with no tapes produced by Allison”, a trial with no testimony by Lauren S., a retrial with no testimony by Camila … Right. A narcissist has a wonderful way of ignoring inconvenient facts. “The photos were planted – that’s all there is to it” (and it so because I think it is so, and I say so, and if you doubt me, I will hold my breath until I’m blue in the face. But evidence? Who needs evidence?) KR may get a retrial – or he may not. Will the retrial lead to a different outcome? I kinda doubt Lauren is going to go back on her testimony and risk jeopardising her more than lenient sentence, and say: Your honour, I lied under oath last time. Maybe the prosecution can also bring a supplementary charge of rape of a minor, now that C. is ready to testify. This piece reads like a very subtle ‘threat’ to the ‘victims’ of Nxivm: ‘Prepare for the worse; KR will win and come after you’… sorry, KR has well and truly been defanged. All that’s left for him to keep up the facade is to play ‘victim’. The heydays of ‘Vanguard’ are over.
Got a Jail Ankle Bracelet Monitor?
KR is the not the first convicted felon to request a new trial on the grounds that he was framed, and claiming that he could prove it. It is certainly possible that he can prove his accusations, but I would not bet on it.
Rock and Roll is Dead!
And, I don’t care!
Parlato is dead!
And, I don’t care!
Raniere is dead!
And, I don’t care!
Rock and Roll is Dead!
And, I don’t care!
I think this is a valid, well reasoned and legally sound argument. And I think that it will definitely come to pass just after OJ finds the real killer.
You’ve done it again!
It’s been a while!
I needed a good laugh!
If those motherf*ckers blew this case because they planted evidence instead of doing their f*cking jobs correctly, I’m going to be mad as hell.
Sigh. Wonder which DOSer this silliness came from.
Still, their confidence does concern me some what because they are not remotely worried about the one thing they should be – Camilla testifying. Do they know something we don’t that they think will either prevent her from testifying or cause her to testify on Keith’s behalf?
It wasn’t written by someone in DOS unless they have changed their entrance requirements to allow Alanzo to join.
But Raniere isn’t into fat-asses, so no DOS membership for Alanzo, even if Alanzo doesn’t have a gag reflex.
He’s never getting a new trial over this nonsense so don’t hold your breath
Where the hell are Natashka and Shivani?
Hi there! I am alive and went on a commenting break! I didn’t realise Shivani was MIA too.
I’m glad you and Shivani are still around!
I hope all is well with you both!
Hi, Natashka. Don’t ever do that again to us!
Reading about or paying attention to chickens and their eggs never has attracted me. Neither does any variety of egg salad interest me at all, regardless of its ingredients or presentations. There’s no reason for me to debate about chickens or their eggs. The nervousness and the noisy scurrying about of chickens can be discussed by those who are chicken experts.
I’m no expert, but I believe you just diced and fried that poultry to perfection. I enjoyed that immensely.
Can I just put in a word for the mayonnaise? Yummy.
Totally agree, Shivani. On the newest article, there is a cow who posted as a chicken expert, and the cow seems to make sense.
Cows are good listeners and make eye contact very well, but nobody can be certain whether or not a cow knows what the heck anybody is saying, except when one of their calves moos.
Claviger is the voice of reason (to me, anyhow) and of common sense about the ins and outs of legalese, and what it is that can float versus what will sink.
I see no occasion to get into a dither about Raniere’s and/or his acolytes’ odds or chances of any success via appeals.
It seems a bit too late even to go after “ineffective counsel” at this point. Many months ago, and well prior to Raniere’s sentencing, maybe this tactic could’ve stood some ground.
Speaking of dithers, Mr. Dithers was Dagwood Bumstead’s comic strip boss. This led the disenfranchised and frustrated Dagwood to resort to eating club sandwiches in the bathtub quite often.
Word salad indigestion due to a cotillion of undercooked eggheads is no match for the ever-alert Clav.
‘”Ineffective counsel” is usually the last resort that incarcerated felons turn to in an effort to overturn their convictions – and those appeals are usually done on a pro se basis. What’s unusual about Keith’s case is that he will have top-flight attorneys handling this particular appeal – which will make it seem more likely that it will succeed. But given the quality of his team of trial attorneys, I think there is zero chance of this appeal winning.
I agree with KR’s 7:14 p.m. post on this one. Plus, none of these naysayers have offered up a legal theory or standard of review to back up their arguments. FYI, if the standard of review is abuse of discretion, KAR doesn’t have a snowball’s chance in hell at overturning his conviction.
I’m shaking in my boots
R Kelly was falsely found guilty also by the same group of clowns
What idiot wrote this article
IF Keith gets a new trial he will get to see Cami on the witness stand. Testifying under oath every filthy detail of what Keith did to her as a child. How she was given an abortion. Keith having sex with her sisters and impregnating them too. Every tiny sordid detail of Cami’s prolonged rape, abuse and torture as a child for years at Keith’s hands..
How is that a win for Vanguard again?
There was never a delusion that was so fantastical a cult dead-ender couldn’t believe.
Have Alazno or Raniere ever met a baby they didn’t want to rape as some kind of sick and twisted exercise in supposed “spiritual growth”?
I don’t think so.
The bitter-ender writer of this post will be happy to hold anyone or anything down while Alanzo & Keith do their business.
Such a bunch of sick and twisted culties.
“Have Alazno or Raniere ever met a baby they didn’t want to rape..”
Alanzo is to infatuated with Suneel. Suneel hasn’t posted a comment that Alanzo hasn’t fawned and lavished praise over. Alanzo sounds like a dude sweating a woman or in this case a wo-man.
Perhaps Alanzo, should take a “amazing” car ride with Eduardo, Emiliano, or Betancourt. Can you say rub-a-dub-dub?
“Sometimes a car ride is more than a car ride, it’s a journey of the heart.”-Eduardo
Not to belabor the R. Kelly verdict but he was convicted of racketeering. This was a Federal case brought in the EDNY for all you conspiracy theorists out there. 🙂
Off topic but perhaps relevant, R. Kelly has been found guilty for a scheme amazingly similar to Raniere.
It is quite alarming.
I completely agree with this. The government really screwed this up. And all of Keith enemies must be shaking right now. This story is about to be turned 180. Can’t wait to see what the outcome of all this.
Anthony is back!!!!! A dead-ender crawls out of the woodwork.
Have you asked the two lawyers in your office about the case lately?
Were the “2 lawyers” supposed to be Suneel and Linda Chung??? Please say yes!!! Lmao
Keith has victims.
“Enemies” is way, way too grandiose.
Keith Raniere is just a nasty garden variety pedophile, rapist and child pornographer.
A misogynist clown and a tubby joke.
More than one victim statement mentioned how he would eventually just be forgotten.
And that is the truth.
No one risked their career to frame Albany’s biggest dum dum pervert.