5404

1 Now throughout the trial you've heard about other

2 types of labor and services performed as well such as acts of

3 care, including running errands and buying groceries. I mean

4 there's a regular taking of naked photographs which is its own

5 form of labor. Sofie testified she would spend all this time

6 in the bathroom to take pictures for the defendant. The

7 evidence of the labor Nicole actually performed means that the

8 Racketeering Act 10B has been proven.

9 Now, we're at the final set of DOS-related crimes.

10 Count 5, sex trafficking conspiracy. Count 6 and racketeering

11 10A, which both relate to the sex trafficking of Nicole and

12 Count 7 which relates to the attempted sex trafficking of Jay.

13 Before we discuss the elements of sex trafficking I'm going to

14 ask you to keep a few things in mind. We've discussed already

15 the fact that the sexual component of DOS was concealed from

16 DOS slaves when they joined while all the first-line slaves

17 were in sexual relationships with the defendant. And you can

18 look to the Government's Exhibit 1779, Page 285.

19 And keep this in mind, too, this Exhibit 1779, Page

20 285. October 1st, 2015, the defendant's order that Camila is

21 a fuck-toy slave for him. Keep this in mind as you walk

22 through the sex trafficking of Nicole starting with her

23 recruitment into DOS in February of 2015, four months after

24 Camila received this WhatsApp message. Now in February

25 of 2016 Nicole was spending her first winter in the city

David R. Roy, RPR - Official Court Reporter

 5405

1 having moved from California to pursue her acting career.

2 Things weren't going well and she was actually suicidal.

3 Prior to that I submit Allison had begun pushing her way into

4 Nicole's life, arranging for Nicole to sleep in her bed and

5 hinting at the women's mentorship group she was a part of.

6 She would also assign Nicole to a personal journal entry to

7 Allison as part of their source work. But back to February

8 of 2016, Allison repeated to Nicole, Did Allison suggest

9 Nicole see a therapist? Go home to California for a while and

10 spend time with her family? No.

11 So this is February 10th, Nicole sends, Tonight was

12 brutal. I haven't felt this low in a very long time. I

13 haven't felt suicidal like this in a long time. This is

14 Government's Exhibit 657. The very next day Allison Mack

15 meets with Nicole at the Ace Hotel in New York City and

16 pitches her on DOS. Nicole testified that meeting with

17 Allison made her feel hopeful. You can read about this

18 initial meeting through the process -- through the process of

19 her joining on Pages 3845 to 3856. Nicole thought she was

20 being given an opportunity to be mentored by an established

21 actor. Now, within a few days, and this is an e-mail from

22 Allison to Nicole saying, I'm so excited to share what I'm

23 doing. This is exactly what you need. Trust me, you'll be

24 okay. Is your collateral finished.

25 And so this is three days after Nicole had sent the

David R. Roy, RPR - Official Court Reporter

 5406

1 note -- the e-mail saying that she was feeling suicidal.

2 Now, within a few days Nicole did submit her

3 collateral, the process was difficult and Nicole broke down on

4 the stand when she described writing a letter of her father's

5 sexual abuse. You can see that spot in the transcript on

6 Page 3850. But then she was in and she was hopeful, but she

7 didn't know what she had signed up for. Nicole testified that

8 she was okay with the first commitment, stop sleeping with her

9 on and off boyfriend, try being celibate for three months.

10 Nicole told herself that maybe those things were good for her.

11 I submit what Nicole did not know was that the defendant

12 required all women he had sex with to be monogamous and that

13 he already had his eyes set on having sex with her. At the

14 beginning they were also signs that maybe DOS was a membership

15 group. Allison got her prestigious off-Broadway audition and

16 an interview with Allison's agent which Nicole describes on

17 Page 3866. But fast-forward to late March 2016. By then,

18 Nicole was doing a bit better and one night at her job she met

19 a cute guy who asked for her number and her e-mail journal to

20 Allison that night Nicole wrote about what had happened.

21 Nicole testified that she was concerned by Allison's reaction

22 was to flip out. Allison then went on to tell Nicole she

23 needed to fix it. After that Nicole felt, quote, super

24 unnerved. You can review Nicole's testimony about this

25 interaction on Page 3869 of the transcript. It was then that

David R. Roy, RPR - Official Court Reporter

 5407

1 Nicole decided she didn't want to be in DOS anymore, but she

2 tried to tell Allison. Allison told her it wasn't an option.

3 At that point Allison told Nicole about the time the defendant

4 threatened to release Allison's sex tape.

5 After that meeting Allison sent the following

6 e-mail. This is March 29th. Why are you scaring yourself --

7 go back, I'm sorry.

8 Okay. So on the 29th -- take that back.

9 So on the 29th this is where Nicole talks about

10 wanting to give -- if I wanted to give out my number to get

11 coffee or even kiss a boy, small things that make me smile, I

12 don't see how that's bad, I just don't. And then within two

13 days, Allison Mack is saying, Why are you scaring yourself?

14 This is the after they had the conversation where Allison

15 had -- Allison Mack had talked about the defendant threatening

16 to release her sex tape, although Nicole didn't know it was

17 the defendant at the time. And Allison Mack says, Why are you

18 scaring yourself? I want to remind you that ou made a

19 commitment. You can't go back. It's not an option. It's

20 like an arranged marriage. Why waste time contemplating

21 changing your mind. Take that energy and move into the choice

22 you made. You don't get to question. It's a choice you made,

23 now what are you going to do about it? You will find freedom

24 in the commitment you already made. Don't question, don't

25 waste time, just do.

David R. Roy, RPR - Official Court Reporter

 5408

1 And I submit that behind the scenes Allison was

2 discussing every step of this with the defendant because

3 within one week of saying she wanted to leave DOS, Allison

4 tasked Nicole with making contact with the defendant. So at

5 that point Nicole still did not know he was a part of DOS, and

6 it was less than two months after that Nicole was staying at

7 Allison's house when she was commanded to go on a walk with

8 the defendant and say she would do anything he asked her to

9 do. And before she left, Allison ordered her to be a good

10 slave. This testimony is on Page 3916 through 17.

11 And so here you can see the increase in

12 communication. Within a week she is, a little bit after that

13 Allison is passing her getting the attention of the smartest

14 man in the world and then there was a series of e-mails that

15 Allison wrote and it would be about a month, a little over a

16 month later that she was given the assignment to do whatever

17 the defendant wanted her to do.

18 And so before we go on, there's one -- another

19 WhatsApp message that I wanted you to bear in mind as we

20 consider what happens to Nicole. And this is where the

21 defendant is saying to her, again, October 2015, What if we

22 suggested that another woman seduced me with you?

23 Now, when Nicole went on the first walk and said to

24 the defendant she would do anything he wanted her to do. He

25 asked her what the worst thing he could ask her to do was.

David R. Roy, RPR - Official Court Reporter

 5409

1 She said she thought the worst was something sexual, but

2 hadn't realized it's the worst thing would actually be to get

3 asked to hurt her family or hurt herself. So the defendant

4 went for second worst. On the walk after that, which I submit

5 based on the e-mail was likely a week after the one where she

6 asked what the worst thing walk he could do for her was --

7 asked her to do was, Allison again arranged for Nicole to walk

8 with the defendant. Testimony regarding what's the following

9 on this walk and the prior walk can be found on Pages 3917

10 through 37. I'm sure you remember what Nicole's testimony was

11 next. She described the terrifying and disorienting moment

12 when she was lying on a wooden table, tided down and

13 blindfolded and felt someone begin to go down on her. She

14 assumed it was the defendant but then she heard his voice and

15 realized there was a third person there. She testified that

16 in that moment she worried there were even more people in the

17 room. What Nicole didn't know then but you know now, is that

18 the person who was going down on her was Camila, the very DOS

19 slave who the defendant had commanded to recruit fuck-toy

20 slaves, and who the defendant had sexually abused when she was

21 a minor.

22 Lauren testified that the defendant told her it was

23 Camila. Lauren's testimony on that is at Page 1870. And this

24 happened at Camila's apartment 120 Victory Way, which I submit

25 is a secret apartment where the defendant hid Camila. You

David R. Roy, RPR - Official Court Reporter

 5410

1 heard evidence that the apartment was paid for and this

2 testimony can be found at 3338. You heard evidence that the

3 apartment was paid for in cash by Kathy Russell, using a fake

4 name Kathy O'Sullivan. And the woman -- the landlord

5 testified and was shown a picture of Kathy Russell and

6 identified her as Kathy O'Sullivan the woman who had been

7 paying a year's worth of rent upfront in cash in a bag at

8 Starbucks for seven years. And that testimony is on

9 Page 3338.

10 Now, when the Government obtained a search warrant

11 for Camila's Google account, this picture with the wooden

12 table -- with the wooden table moved out of its usual spot.

13 And the tie that was used, I submit the tie that was used to

14 bind Nicole's wrist or ankle still hanging off to the side on

15 the upper right of that picture was dated the same day Nicole

16 told us that this incident happened.

17 And you also saw the video of 120 Victory Way that

18 the landlord took. You also saw the video of 120 Victory Way

19 that the landlord took and there were items all over that

20 video but that all were in this -- all were in this. And so

21 Nicole told you that while she was tied to the table -- that

22 while she was tied to the table the defendant circled her

23 asking probing questions about her sexual history. Based on

24 that picture, I submit that what Nicole didn't know is that

25 the defendant had a videocamera pointed at her while she was

David R. Roy, RPR - Official Court Reporter

 5411

1 tied to that table. I submit the defendant videoed Nicole

2 without her knowledge to have as additional collateral on both

3 her and Camila and for his own sexual gratification.

4 Tellingly, after this was over, the defendant sat

5 Nicole down and told her that there was nothing wrong with

6 what had happened. I submit the defendant said that to Nicole

7 because he knew what had happened was very, very wrong. And

8 of course --

9 (Continued on the next page.)

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

David R. Roy, RPR - Official Court Reporter

 5412

1 MS. PENZA: Of course he told her not to tell

2 anyone, making an exception only for Allison. The defendant

3 also told Nicole she was great.

4 Now Nicole sent an e-mail close in time to this

5 saying that she was looking forward to working more with

6 defendant. Nicole and the defendant had sex after that and

7 she sometimes sent messages initiating contact with the

8 defendant. Describing this period where she would try to make

9 the situation she thought she was stuck in work.

10 And Dr. Hughes provided psychological insight as

11 well for this behavior. She told us that the fact of

12 continued contact or even a relationship after a sexual

13 assault does not mean the assault did not happen. She

14 explained a perpetrator might get attacked later in the day

15 after a sexual assault and say, it was so nice seeing you.

16 Dr. Hughes explained, the victim may be thinking, well, it

17 wasn't nice to be raped, but I'm going to keep you happy

18 because I know that is what you want to hear because that's

19 what is going to keep me safe. Dr. Hughes' testimony on this

20 point can be found at 3,733.

21 Look at Nicole. I submit you'll see displaced anger

22 and avoidance that Dr. Hughes told you is very common in

23 sexual assault victims. Dr. Hughes' testimony is at 3,708 and

24 3,709. All of Dr. Hughes' testimony is valuable in

25 considering the victims. If you feel it may help, you should

Rivka Teich CSR, RPR, RMR FCRR

Official Court Reporter
 5413

1 ask for her testimony.

2 Do not forget that as soon as DOS blew up and Nicole

3 confirmed with Allison that her collateral wouldn't be

4 released, Nicole didn't feel the need to breakup with the

5 defendant. I submit that Nicole's behavior, once she was

6 unburdened, showed that all of her interactions with the

7 defendant were the product of coercion and direct result of

8 being collateralized. Without DOS, I submit, there is no

9 chance for the defendant ever having sex with Nicole. What

10 happened to Nicole on May 31, 2016 was sex trafficking.

11 Let's talk about the elements of sex trafficking,

12 all of which are proven here. Now, again, the defendant is

13 guilty if he committed the crime or if he helped to commit the

14 crime.

15 The first element is that the defendant knowingly

16 recruited, enticed, harbored Nicole, or that the defendant

17 knowingly benefited financially or by receiving something of

18 value from participating in a venture that recruited, enticed,

19 transported, provided or obtained Nicole. I submit you can

20 find that this element is proven under theory the defendant

21 recruited, enticed Nicole to do so. The defendant was also

22 part of DOS and knowingly benefited financially from DOS

23 eventually.

24 The second element is that the defendant knew or

25 recklessly disregarded that force, fraud or coercion would be

Rivka Teich CSR, RPR, RMR FCRR

Official Court Reporter
 5414

1 used with respect to Nicole. This element is proven once

2 again by the coercion stemming from the collateral.

3 And now the forced labor context above. Here the

4 defendant was also the direct participant in the use of force

5 against -- in the use of force against Nicole, given that she

6 was tied to the table.

7 The third element in that is the defendant knew that

8 Nicole would be engaged in a commercial sex act. Here the sex

9 act is obvious, Nicole having other sex performed on her by

10 Camila for the defendant's sexual gratification.

11 Now what make this is act commercial? I expect

12 Judge Garaufis will instruct you that a commercial sex act is

13 any sex act in which anything of value is given to any person

14 because of the sex act. Here it's Allison Mack who is the one

15 who received a thing of value by providing Nicole for a sex

16 act to the defendant. A thing of value need not involve a

17 monetary exchange, and need not have any financial component.

18 As we looked at before, there were certain

19 privileges, including economic privileges, that came with

20 being in the first line, including the longest line of free

21 labor flowing up to you. Maintaining a spot in the first line

22 and receiving those benefits, meant keeping the defendant

23 happy. And because Allison kept the defendant happy and

24 maintained that position by providing the defendant with women

25 to have sex with, she received a commercial benefit. The

Rivka Teich CSR, RPR, RMR FCRR

Official Court Reporter
 5415

1 defendant knew, and the defendant committed the sex

2 trafficking. Nicole even testified that Allison was called

3 Madam Mack.

4 Additionally, e-mail correspondence between the

5 defendant and Allison about an assignment for India to take

6 her clothes you off and pose in the most revealing way for

7 her, demonstrates the commercial ties for Allison to her

8 providing women for the defendant. This is the e-mail I just

9 described. You can see it was written only three-and-a-half

10 weeks before Nicole -- so again, the top header is when the

11 defendant ended up sending himself a lot of e-mails in

12 November 2017, but at the bottom you can see that the original

13 date is March 3rd, 2016.

14 The defendant writes, Does India know to complete

15 her she needs to take off all her clothes while pose in the

16 most revealing way and have me take a picture of her with her

17 phone to be immediately sent to you as proof. And Allison

18 Mack writes back, Wahoo, smiley face. And then the next day

19 Allison writes to the defendant, I'm so sorry to bug you but I

20 have not been paid as head trainer for the source since last

21 year and I'm struggling a little with income. Clare says she

22 cannot approve the payments until you review them, is there

23 someway you might be able to review this sooner rather than

24 later? I know you're slammed, if I can help in any way to

25 make this simply, please let me know. I'll try to figure out

Rivka Teich CSR, RPR, RMR FCRR

Official Court Reporter
 5416

1 to be more streamlined with this too. The defendant

2 responded, Yes. Any news on India? Then an hour later

3 Allison replied telling the defendant that India has changed

4 her flight, inclined that she was now, she has changed her

5 flight and is really emotional as money is tight, but totally

6 sees what the value in what the lessen and how it is moving

7 her ahead. She sees how this relates to her whole life. It

8 is good. She should reach out to you. You're meeting again

9 to complete the assign.

10 I submit this is evidence of a quid pro quo between

11 Allison the defendant. She grooms women for him, and he gives

12 her financial benefit for it.

13 Finally, you must find that the defendant's conduct

14 was in or effecting interstate commerce. Here the element can

15 be met in many ways, but at least because Nicole took either

16 Amtrak or Greyhound to and from Albany the day of that

17 assignment -- Amtrak or a bus, a commercial bus. The use of

18 these modes of transportation affect interstate commerce.

19 With that we have proven sex trafficking as to Nicole. Both

20 Racketeering Act 10A and Count Six.

21 Now, on this question on six there is one more

22 thing, so there is another box underneath, it says, "Do you

23 find that the defendant knew means of force, fraud or coercion

24 to be used to cause one or more persons to engage in one or

25 more commercial sex acts." This question is there because

Rivka Teich CSR, RPR, RMR FCRR

Official Court Reporter
 5417

1 this count can be proven by evidence that the defendant

2 recklessly disregarded facts in front of him; but here the

3 defendant was the prime mover and knew exactly what was

4 happening every step of the way. I submit you can check yes

5 to that as well.

6 Turning now to sex trafficking conspiracy. From

7 what we've already discussed, you can check it. We've proven

8 that Allison and the defendant agreed that Nicole would be sex

9 trafficked. That is enough to find the conspiracy count as

10 well. I'll check it off, that is Count Five.

11 You can look at other examples as well to consider

12 whether this conspiracy existed. Like Sylvie, from the very

13 beginning of trial, described receiving an assignment to

14 seduce the defendant and ended up performing oral sex on him.

15 You can review that on pages 254 to 255. Her master, Monica

16 Duran, who is also in a first line, I submit would have

17 received the benefit Allison did by being in the first line.

18 Sylvie receiving that assignment was calculated and

19 planned, just as Nicole's was. Similar to what happened with

20 Nicole, not long before she was recruited into DOS, Sylvie was

21 told she had to be celibate with her husband by Keith, by

22 Clare, by also by Rosa Laura Junco.

23 Another similarity, after the assault on Sylvie the

24 defendant told Sylvie that she was brave, that she was

25 special. Sylvie testified that she was disgusted by this.

Rivka Teich CSR, RPR, RMR FCRR

Official Court Reporter