Frank Parlato
Judge Presses Prosecutors in High-Profile Case
A federal judge in Brooklyn questioned prosecutors Wednesday over the authenticity of key evidence in the high-profile criminal case USA vs. Cherwitz and Deadone.
US District Judge Diane Gujarati questioned the government’s dependence on handwritten journals allegedly authored by a witness.
Courtroom Developments
The hearing began with Judge Gujarati addressing pending motions and declining to rule on a motion related to FBI Victim Services paying government witnesses as much as $30,000 if they adopt the narrative that they are victims.
Judge Gujarati denied a request to release grand jury minutes and denied an evidentiary hearing on the authenticity of the journals of Ayries Blanck, the government’s star witness. Further, she refused to conduct a hearing on FBI Special Agent Elliot McGinnis, the lead case agent, who allegedly obtained a stolen Attorney-Client privileged document, which he placed on a thumb drive and later claimed he lost.
Scrutiny Over the Handwritten Journals
A portion of the hearing focused on the legitimacy of Ayries Blank’s handwritten journals. Judge Gujarati pressed the government whether it believed Blank had written the journals in 2015 as they are dated and without outside help.
Blanck’s journals, purportedly documenting her experiences immediately after leaving OneTaste in early 2015, were contradicted by metadata from a Google Document, indicating her sister and others made over 54 major edits during May 2022.
The handwritten journal the government claims is authentic and written in 2015 mirrored the last edited version in 2022.
The journals reference “The Post-Traumatic Growth Guidebook,” a book not released until December 2019. This discrepancy suggests the entries could not have been written in 2015, as claimed.
Blanck’s sister, Autymn, played a significant role in transcribing and editing these journals. Autymn received $25,000 for her involvement in a 2022 Netflix documentary about OneTaste, where she read excerpts from the disputed journals.
FBI Involvement
During the hearing, the defense raised concerns about FBI Special Agent Elliot McGinnis, who advised Autymn to send the original handwritten journals to him and not retain copies to prevent their examination during legal discovery.
The allegedly falsely dated handwritten journals are the only ones Blanck wrote in pencil. The rest are in pen, which can be tested for age.
The prosecution has decided to exclude Blanck’s journals from their evidence in the trial, but deny the journals are falsely dated.
The judge asked prosecutors three times if they thought Blanck’s journals were honest, before receiving a cogent, if perhaps dishonest, statement that the government considered the journals genuine.
Judge Gujarati ordered the prosecution to provide a written justification by March 12, detailing its “good-faith” basis for asserting the authenticity of the journals. She also gave the prosecution a way out by hinting to Assistant US Attorney Gillian Kassner that all she had to do was not call Ayries Blanck, the purported author of the hoax journal, and the problem is solved.
Kassner claimed she was going to call Blanck to testify but not bring in the journal. Judge Gujarati said there would be consequences if Blanck got caught lying on the witness stand. By law, that consequence is the federal charge of perjury, punishable by five years in prison.
Media Presence and Press Conference
Journalists from the New York Post, Law360, and the Daily Mail attended the hearing.
At the press conference after the hearing, a reporter asked the defense attorneys, “So who do you believe should be investigated and or prosecuted as a result of the alleged misconduct that you’ve identified?”
Bonjean said, “Agent Elliot McGinnis, who was the lead FBI investigator in this case, we believe and have shown and demonstrated to the court and on the public record that he is engaged in a series of misconduct, not just as it relates to these journals. This is the same FBI agent who obtained attorney-client privileged materials and created an investigation around it, the same agent who instructed Ayries Blanck or suggested directed her to delete an entire email account that had exculpatory material in it. It’s the same FBI agent that told witnesses, ‘Hey, send me this discovery in this civil case so you don’t have to produce it there.’ ”
According to an analysis prepared by this publication for presentation to appropriate authorities, McGinnis may have committed the following:
- Obstruction of Justice (18 U.S.C. § 1503, § 1512)
- Destruction or Alteration of Evidence (18 U.S.C. § 1519)
- Misuse of Attorney-Client Privileged Information (18 U.S.C. § 242, § 371)
- Conspiracy to Commit Fraud on the Court (18 U.S.C. § 371)
- Official Misconduct and Abuse of Power (18 U.S.C. § 242)
- Tampering with Evidence (18 U.S.C. § 1512(b), § 1519)
- Theft or Unauthorized Possession of Government Property (18 U.S.C. § 641)
- Perjury or False Statements (18 U.S.C. § 1001)
- Criminal Conspiracy (18 U.S.C. § 371)
- Deprivation of Rights Under Color of Law (18 U.S.C. § 242)
- Fraud on the Court (Common Law, 18 U.S.C. §§ 371, 1001, 1512)
- Failure to Report a Crime / Misprision of a Felony (18 U.S.C. § 4)
Frank Parlato is an investigative journalist, media strategist, publisher, and legal consultant.
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Frank-
Have you had the pleasure of meeting the divine barrister Jennifer Bonjean?
I guess that’s a yes!!!
Wow! This is enlighteninng. The case against Daedone and Chernitz is looking fishier and fishier. The evidence that is emerging is providing us with a whole new perspective.
The prosecution’s reluctance to fully address the authenticity of its key evidence suggests they may not be as confident as they claim. Ah ha! Meanwhile the defense has pointed to serious FBI misconduct…. This trial about law enforcement overreach as it is about OneTaste.
Lots of smoke here from the defense. Waiting to feel the heat of actual fire.