Legal professional Joseph Tully Fights for Justice – Movie Each day

On twenty seventh October 2020, after being discovered responsible of all prices in a sensationalized trial at first of the “#MeToo” motion, Keith Raniere was sentenced to a 120-year jail time period for intercourse trafficking, racketeering, wire fraud, and compelled labor conspiracy. Furthermore, he was hit with a $1.75 million positive.

The fees principally stemmed from an all-female group known as, “DOS,” whose members have been structured as “slaves” and “masters,” and was accused of getting sex-cult-like habits. DOS was stated to have been based by Raniere throughout the NXIVM self-help group..

For his half, Raniere has constantly disputed the allegations made towards him.

Keith Raniere is trying to have his conviction overturned on the grounds that the FBI manipulated photos on a digital camera card and a tough drive, together with 22 images of a unadorned girl generally known as ‘Camila’ at trial, to make it seem as if she was underage – necessary proof towards him – and offering false testimony throughout his 2019 jury trial.

Raniere argues that the decision in his preliminary 2019 trial would’ve been completely different if the jury had been conscious that the one two items of digital proof, the digital camera card and onerous drive, used to convict him of probably the most heinous of all of his prices – possession of kid pornography and sexual exploitation of a kid – have been later discovered to have unmistakable hallmarks of tampering, a few of which might solely have occurred whereas the gadgets have been in FBI custody. That is very true contemplating that his 5 co-defendants, who have been all locked in desirous to go to trial and show their innocence, all entered responsible pleas solely following the last-minute, purportedly “unintended” discovery of the 22 images.

Seven high, digital forensic specialists who’ve analyzed the proof within the Raniere case have all concluded that the the dates on the images that have been used to convict him of kid pornography and sexual exploitation seem to have been backdated to make it seem like they have been taken in 2005, when “Camila” would have been too younger to offer permission to have her bare picture taken.

Since his incarceration, numerous people have advocated for Raniere’s launch, and in latest months, he has garnered the curiosity of a brand new authorized staff and specialists who’ve raised points about necessary proof offered at his 2019 trial.

On October 6, 2022, Raniere’s authorized staff, led by legal professional Joseph Tully, filed a brand new movement by which they lay out their proof detailing how the photographic proof was altered to align with the federal government’s narrative at trial to “safe convictions for the racketeering acts of possessing little one pornography and sexual exploitation of a minor.”

Former FBI brokers and laptop forensic examiners, and instructors, Dr. J. Richard Kiper and Stacy Eldridge, have lent their experience to the claims of proof manipulation and falsification. Along with Tully, the group additionally included Harvard professors and famed attorneys Ron Sullivan and Alan Dershowitz, in addition to Bud Cummins, who’s a former U.S. Legal professional for the Jap District of Arkansas.

The six-member panel has discovered extra proof of great due course of breaches in Raniere’s preliminary trial.

One of many attorneys advising on the case, Cummins, said that they’ve quite a few digital forensics specialists who’re able to go on the document and attest to their findings that proof tampering occurred. These specialists have expertise working throughout the FBI, in addition to different legislation enforcement companies, and are extraordinarily accustomed to their protocols.

Tampering with Proof

Raniere was discovered responsible on three racketeering acts for sexual exploitation of kids and possession of kid pornography for allegedly taking the photographs. The 22 pictures of “Camila,” an admitted accomplice of Raniere as an grownup, was allegedly “by accident” found by the FBI on the eve of trial on a tough drive that had been taken from Raniere’s townhouse over a yr earlier on March 27, 2018 in Halfmoon, New York.

Camila didn’t testify at trial, however she did later state in a sufferer affect report that was introduced in court docket that she had been a sufferer of sexual assault by the hands of Raniere.

At trial, the prosecution efficiently alleged that Raniere had sexually exploited three sisters from the identical household: “Marianna,” the oldest, “Daniela,” the center, and “Camila,” the youngest. Camila’s sister Daniela did testify at trial. The prosecution additionally used WhatsApp messages by which Raniere referred to Camila as his “slave” and begged her to search out extra “intercourse slaves.”

The case towards Keith Raniere, the chief of the NXIVM cult, has been shrouded in controversy as a consequence of allegations of FBI corruption. Raniere’s legal professional, Joseph Tully, has filed a number of motions in court docket alleging proof tampering by the federal government and requesting a brand new trial. The allegations of FBI corruption within the Raniere case are half of a bigger sample of misconduct and abuse throughout the company. Over time, there have been quite a few instances of FBI brokers participating in unlawful and unethical habits, starting from falsifying proof to unlawful surveillance to torture.

Some of the infamous examples of FBI misconduct is the case of the Boston Marathon bombing. After the bombing, the FBI launched an enormous manhunt for the suspects, which resulted within the killing of 1 suspect and the seize of one other. Nonetheless, it was later revealed that the FBI had withheld essential info from protection attorneys and had engaged in coercive ways to elicit false confessions from witnesses.

Within the Raniere case, the tampering was found by forensic specialists, together with former FBI brokers, who examined the proof and located quite a few inconsistencies and irregularities. For instance, the metadata for sure information appeared to have been altered or fabricated. Of the various anomalies that have been discovered, all ‘coincidentally’ aligned with the U.S. Attorneys’ theories at path. So many ‘coincidences’ that, in wanting on the full image, that they occurred with out human intervention by somebody intent on convicting Raniere.

On April 27, 2022, Tully filed a movement to remain Raniere’s direct attraction primarily based on newly found proof that essential proof was falsified, a few of it occurring in FBI custody. Regardless of this, the 2nd Circuit denied the keep, and the DOJ legal professional dismissed the assertion as “frivolous.”

Undeterred, on Might 3, 2022, Tully filed a Rule 33 movement for a brand new trial earlier than the district court docket earlier than Decide Nicholas G. Garaufis. Tully alleged authorities tampering and requested for a recusal of Decide Garaufis, citing examples of biased conduct outdoors of his rulings. Nonetheless, on Might 9, 2022, Decide Garaufis deemed the movement to not elevate a “substantial situation” and didn’t point out that the appellate court docket ought to remand jurisdiction again to him to rule on it.

So as to add insult to damage, on July 12, 2022, AG Merrick Garland acknowledged the prosecution and FBI staff behind the Raniere case with a “distinguished service” award on the 69th Annual AG Awards. Tully persevered and filed for an additional keep of the attraction on October 6, 2022, citing extra proof of presidency misconduct, together with the FBI switching out an FBI professional witness who would have testified in favor of Raniere by assigning that witness to an task in Ghana and changing him with one other witness who lied on the stand with a view to assist the federal government’s concept as to the 22 Camila images. The 2nd Circuit denied the keep once more, and on December 9, 2022, Raniere’s attraction was denied and jurisdiction was returned to Decide Garaufis.

On December 12, 2022, Tully filed a writ of mandamus with the 2nd Circuit, asking that they instruct Decide Garaufis to rule on the recusal earlier than ruling on the tampering movement to make sure equity and shield the integrity of the judicial system. On January 18, 2023, Tully filed 4 extra professional affidavits opposing Raniere’s attraction of his restitution, citing illegal tampering and fabrication of proof by the FBI. Tully argued his case for the writ of mandamus in entrance of the 2nd Circuit on January 24, 2023, however it was denied on January 25, 2023, with out rationalization.

Now, Decide Garaufis can rule on the tampering movement and both deny it or grant a brand new trial primarily based on the proof introduced. He can also order an evidentiary listening to and allow Tully to complement the movement with extra findings and specialists. The destiny of Keith Raniere and the NXIVM case hangs within the steadiness because the allegations of FBI corruption proceed to play out in court docket.

One of many specialists that Tully has included in his filings, Former FBI Particular Agent (retired) and digital forensic examiner and coach, Dr. Rick Kiper, introduced a letter requesting a Congressional investigation of the FBI’s actions in altering proof, mishandling proof, and perjuring witnesses. On account of this investigation, it might be introduced earlier than the Home Judiciary Committee, which is a serious step ahead in bringing justice to Keith Raniere, whereas additionally underscoring the bias of justice by the FBI and others concerned on this case.  Whereas Raniere might not be a preferred particular person, we can’t tolerate a corrupt judicial system and allegations that the FBI has tampered with proof and witnesses should be taken critically and investigated.