In presenting these reports on Dani’s cross-examination, it is important to remember that Dani had, by all accounts, a devastating impact [against Raniere] during her direct examination. By publishing some of Agnifilo’s blistering cross-examination, I hope to show readers Raniere’s defense strategy. It is not that Frank Report endorses the views Agnifilo is trying to get the jury to buy into – that Dani is the criminal and not Raniere. It is quite clear that Dani is a victim, and that if, during her long ordeal with Keith, she may have erred, or did something wrong, it might be excused by the fact of Raniere’s massive and inexcusable manipulation and abuse of her. If there were only Dani, if she was the sole witness to Keith’s criminality and depravity, then Aginfilo’s cross-examination might carry more moral weight. But she was not the only one. There are scores of victims. And we have heard from some and will hear from more before this trial is over.

Part 1: Dani’s Cross Examination: Agnifilo Starts off With Fake ID Dani Made for Cami

Part 2: Dani’s Cross Examination: Agnifilo Queries Dani on Her Alleged Stealing

Part 3: Dani’s Cross Examination: Agnifilo Questions Dani on Her Father, Lauren, Keith, Mariana Then Circles Back to Her Stealing

Part 4: Dani’s Cross Examination: Agnifilo Suggests Dani Is Jealous of Sister, Mariana, Since Both Want Keith

Marc Agnifilo continued to cross-examine Dani on the afternoon of May 30.

He spent time showing how highly Keith valued Dani, so high, he was considering making her his ‘intellectual successor’, well played by Agnifilo to demonstrate that Keith had high hopes for her – had she not been so flawed, devious, dishonest, etc.

Q Keith said from the very first time that he ever met you, he thought you were very, very smart, right?

A He did say that to me, yes.

***

Q Did he say to you at one point that you’re one of the few people that he can have discussions of certain concepts with?

A Yes, I believe he said something like that.

***

Q And did he ever say to you that he thought that you could be his successor if he stopped being the Vanguard? …

A …. he did use “successor” … he did mention several times I would be… his successor, like in an intellectual type way. … it wasn’t like I would be the next Vanguard. That would be frightening. But he did mention the word and I understood something from it.

Q … “Intellectual successor,” what did that mean to you?

A … He had promised he would teach me. … that I would be taught … all of this knowledge and all these teaching, I would… move forward… In fact, at some point, he thought of the idea of me being the head of the Ethical Science Foundation, notions like that.

***

Agnifilo then turns hard into Dani’s illegal entry into the USA – trying to show that it was her idea to break the law, that she was deceptive.

Dani explained her visa was withdrawn but she wanted to come back to the U.S. from Mexico.

Q And you were upset because you wanted to be in the community near Albany, right?

A Yes.

Q But you weren’t granted access into the country and you had to go back to Mexico, correct?

A Yes.

Q And did you understand that you would have to go back to Mexico for some period of time before you could reapply for a new visa?

A Yes.

Q And what was your understanding of what that period of time was?

A I remember it was a year.

Q Okay. And you didn’t want to do that?

A No, I didn’t.

Q You didn’t want to be in Mexico for a year, correct?

A No, I didn’t.

Q All right. And you wanted to come back, you wanted to be in Albany?

A Yes, I did.

There was then a series of questions about how plans were made for her to get back to the US. Agnifilo tried to get Dani to blame Kristin Keeffe.

Q So you had conversations with Kristen Keefe about how it is you could come back into the country, correct?

A I don’t remember conversations with Kristin. I remember conversations with Keith.

***

Q So, and you discussed this with Kristin?

A No, I discussed it with Keith.

Q So Keith told you that Kristin was going to meet you in Canada?

A Yes, that’s what I remember.

***

Dani explained she flew from Mexico to Toronto, Canada in December 2004. Her father paid for the flight. Kristin Keefe was to meet her in Canada and take her to Albany. Instead, Kathy Russell met Dani and gave her fake ID, a Sheriff’s Card. [A sheriff’s card is an alternate form of ID that people use in lieu of drivers’ licenses. It has a photo and is authorized by the local county sheriff’s office.] Agnifilo is bearing down hard on Dani’s role in the illegal entry.

***

Q And what kind of ID card was it?

A I remember it was a sheriff’s ID. …

Q So it … had another person’s name but your photograph, correct?

A Yes.

Q And I think what you said is that the ID card was very poorly done, is that right?

A Yes.

Q I think you described it on direct as amateur hour?

A Yes.

Q … what makes it poorly done? Why would you refer to it as amateur hour?

A I thought, like, like, like, printed in a home printer maybe. Like, even, I remember feeling all the plastic. I don’t know, just a perception thing.

Q Okay. So Kathy Russell hands you this very fake looking sheriff’s identification card, right?

A Right.

Q And you’re expected to show this to a United States border patrol agent at the border, correct?

A Yes.

Q And that’s what you did, right?

A Yes.

Q You and Cathy drove in a car, right?

A Yes.

***

Q And you approached the United States border, correct?

A Yes.

Q And you have your ID card and you give your ID card to the border patrol agent, correct?

A Yes.

Q And I think what you said on direct is the border patrol agent’s staring at this, what you’re describing as a very fake looking sheriff’s identification card, correct?

A Yes.

Q And you’re getting nervous, right?

A I was nervous throughout, yes.

Q And you say to the border patrol agent, “What’s the weather like ahead,” right?

A Yes.

Q Because you wanted to distract him, right?

A Yes.

Q You wanted to see if you could fool the border patrol agent, who’s looking at your very fake, amateur hour looking sheriff’s identification card, and somehow distract him so you could get into the country, right?

A Yes.

Q Because you wanted to enter the United States; that’s what you wanted, correct?

A Yes.

Q You didn’t want to wait a year; you wanted to enter the United States when you wanted to enter the United States, correct?

A Yes.

Q And if it means giving a U.S. border patrol agent a very fake looking sheriff’s identification card, that’s what you were willing to do, correct?

A Yes.

Q And when it came to the point where this border patrol agent is really going to study that card, you didn’t say, ‘Sir, I have something I have to confess …’

***

Q … as you’re presenting this identification card to the border patrol agent and he’s staring at it and you’re concerned because it’s not a very well done, fake identification card, you don’t say to him, ‘Hey, I’m sorry, that’s not me, that’s a false identification card,’ you don’t say that, right?

A No.

Q No. You say “What’s the weather ahead”, not because you’re really interested in what the weather is, right?

A Right.

Q You’re saying “What’s the weather ahead” to get his mind off your bad ID card so you can illegally enter the United States, correct?

A Yes.

Q And it worked, you tricked him; you got in, right?

A Yes.

Agnifilo then solicits a series of ‘I forgot’ or ‘I don’t recall’ answers from Dani.

Q Did you meet with Kristin on the United States side of the border?

A I don’t remember.

Q You don’t remember if it was just you and Kathy Russell driving from — it was Niagara Falls, right? When you entered the United States, where did you enter the United States?

A Oh, I don’t remember.

Q Do you remember how long the drive was from where it was that you entered the United States to Clifton Park?

A It was hours. I don’t remember how many.

Q And you don’t remember if you were in the car with, with just Kathy Russell or if you were in the car with Kathy Russell and Kristin Keefe?

A I don’t remember, no.

Q Do you remember what you talked about?

A No.

Q You were happy that you got into the country, right?

A Yes.

Q Now, you said you were expecting to see Kristin Keefe in Canada, correct?

A Yes.

Q But you saw Kathy Russell instead?

A Yes.

Q And did you ask Kathy what happened to Kristin?

A I think I did.

Q And do you remember what happened to Kristin?

A I don’t remember exactly, no.

Agnifilo veers to the Christmas Eve party at Flintlock and how Dani had testified earlier on direct examination that Keith invited her to have a “nap” with him and her sister Mariana. It later turned into Keith wanting to have a threesome with the two sisters and, as Dani earlier testified, both sisters became upset and cried. In cross-examination, Agnifilo now tries to make it seem like Keith was trying to be alone with Mariana [and not have a threesome] and that a jealous Dani followed them up the stairs.

Q Now, I think you said that when you got back to Clifton Park, you went to a Christmas Eve party?

A It was some kind of gathering.

***

Q … do you remember … something that happened [later that night] between you and Marianna and Keith…

A Yes.

***

Before he goes further with the “nap” episode, Agnifilo suddenly switches gears to elicit from Dani that Keith stayed at 3 Flintlock and lived with several women [Pam, Karen, Kristin, Mariana] but that he also stayed elsewhere.

Q … What other places did he stay around that time period?…

A … he used to stay at Ivy’s house overnight. He used to stay at… Barbara {Bouchey’s] house…. He also stayed with other people but that was a little more sporadic.

Then back to the notorious Christmas Eve.

Q Now, do you remember at … 3 Flintlock, Keith and Marianna were trying to go upstairs and you followed them?

A No.

Q That’s not what happened?

A No.

Q You don’t remember following Keith and Marianna up the stairs?

A No.

Q And do you remember Keith and Marianna left 3 Flintlock and went to 8 Hale which is nearby?

A Later that night, yes.

Q And they didn’t leave 3 Flintlock and go to 8 Hale because you were following them?

A No.

Agnifilo then switched gears and for some time asked Dani about the book reports she was required to make for Keith. Then just as suddenly he went right back to sex asking Dani to agree to his list of 10 women [plus herself] Raniere was having sex with in 2006.

Q Now, I think you said that in 2006, you were aware that Keith was having sex with a number of different women; correct?

A Yes.

Q And I think that the list that you gave was Pam Cafritz; right?

A Yes.

Q Karen Unterreiner; right?

A Yes.

Q Marianna, your sister?

A Yes.

Q Barbara Jeske?

A Yes.

Q Barbara Bouchey?

A Yes.

Q Ivy Nevares?

A Yes.

Q Dawn Morrison?

A Yes.

Q Kristin Keefe?

A Yes.

Q Lauren Salzman?

A Yes.

Q And Kathy Russell?

A Yes.

Q Now, I think you said yesterday that at some point Keith had a child with Kristin Keefe; correct?

A Yes.

Q And I think you said that the community kind of kept quiet the fact it was Keith’s child because there was some perception in the community that Keith was celibate?

A Yes.

Q He’s having sex with all of these women; right?

A Yes.

Q And you knew he was, didn’t you?

A Yes.

Q And, so, who thought he was celibate?

A Everyone outside the inner circle.

Q Everyone thought Keith was celibate other than the women he was having sex with.

A The inner circle.

Q And you considered yourself to be in the inner circle?

A Yes.

Q Did you ever make a dollar for being in the inner circle?

A No.

***

Q What you mean by the inner circle is you get to hang around Keith?

A Amongst other things, yes.

Q But the big thing is you got to hang around 3 Flintlock; right?

A In part, yes.

***

Agnifilo next goes to Dani’s work as a computer hacker for Nxivm. He tries to blame Kristin Keefe. He also suggests Dani did it for money, to make money.

Q Now, at some point you learned that Kristin was willing to pay a great deal of money for an e-mail password; correct?

A Not Kristin.

Q No?

A It wasn’t Kristin’s money.

Q No, no…. you and Kristin had a discussion about the fact that NXIVM… was willing to pay $24,000 for an e-mail password; correct?

A No.

Q No. Tell me what you remember.

A Kristin and Keith were talking and I was hearing them. That’s how I learned.

Q …where were the three of you when this discussion was taking place?

A At 3 Flintlock.

Q And who else was there? Do you remember?

A I don’t remember. I think — I don’t remember.

Q And you realized that there could be a lot of money in getting computer passwords; correct?

A No.

Q No? Had you ever hacked into a computer before you heard that conversation?

A No.

Q And after hearing that conversation, you … hacked into a lot of computers; right?

A A number of computers, yes.

Agnifilo showed Dani emails she wrote and received concerning hacking, including who was to be targeted for hacking.

Q Did you ever get any e-mails from Keith about the target e-mail addresses?

A Not that I remember, no.

Q You’re saying that Keith told you; right?

A Yes.

Q But here’s an e-mail from Kristin with the target e-mails; correct?

A Yes.

Q And after Kristin sent you this e-mail with the target e-mails on it, what did you do?

A Right after, I don’t remember.

Agnifilo introduces more emails that Kristin sent Dani about who to target to hack – and and an email from Dani to herself with a picture with a virus on it- a practice hacking email.

Dani explained how she hacked. “It’s a technical process, but essentially I would grab some code and with a special application one can embed it, so, to direct it that when [a picture is] clicked on, the coding will run [hacking].

Q And how did you learn how to do that?

A By reading on the internet…. There are forums. There are treads. There is like entire groups where one can [learn to] do that.

***

Agnifilo went on for a considerable time with Dani’s hacking related emails. Dani explained how she hacked and that she went to various locations to do her hacking. Agnifilo then returned to Kristin and to question the honesty of Dani’s memory. He asks about a discussion Dani had with Kristin.

Q And do you remember that discussion?

A I don’t.

Q You remember the ones with Keith pretty clearly, though; don’t you?

A Some of them.

Q Yeah. But you don’t remember any discussions with Kristin, not one?

A I remember some.

Q Okay. Tell me.

A The ones what I remember?

Q Yeah. A Sure. I remember sometimes I would ask her to drive me to some of the wi-fi spots. So there was that discussion. Sometimes — later — later on, I would hand her the USB drive with the files. So there was certainly discussions. And so, yeah, I remember that.

Q How many times did she drive you to the place where you would do the hacking from the wi-fi?

A Oh, I don’t remember that.

Q Three times? Five times? Ten times?

A I mean, several times. Many times.

***

Q And when you went, it was just you and her?

A Yes.

Q Did you ever go with anybody else?

***

A I think — I think Karen. I think my brother. Sometimes I would walk.

Q How many times did you go with your brother?

A I don’t remember. I don’t remember that.

Q And when your brother went, who else went?

A Just my brother and I.

Q That’s it? No one else?

A Not that I remember, no.

The day concluded just around this time. The cross-examination would continue on May 31.

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