New York Daily News

HE’S DISGUSTING But that doesn’t make NXIVM leader a criminal: att’y

- BY SHAYNA JACOBS AND LEONARD GREENE

NXIVM leader Keith Raniere is guilty only of leading a “disgusting” lifestyle, his lawyer said on the final day of arguments before jurors in the “sex cult” trial retreat to deliberate Raniere’s fate.

Lawyer Marc Agnifilo finished his closing argument insisting that the federal government had not proved that the accused cult leader was guilty of sex traffickin­g, racketeeri­ng and conspiracy.

“You might find many things about him distastefu­l, but most of them aren’t part of the charges,” Agnifilo told jurors in Brooklyn Federal Court. “Disgusting lifestyles aren’t criminal.”

Agnifilo suggested jurors would have to “check not guilty, all while thinking, ‘Gosh I wish I didn’t have to.’ ”

Raniere is accused of helping himself to women who were recruited for his sexual pleasure. He has pleaded not guilty, and said that his encounters with the alleged victims, some of whom were branded with his initials, were consensual.

Raniere also faces a child pornograph­y charge in connection with nude explicit photos of a 15-year-old girl that the government says were found on his hard drive. But Agnifilo suggested that, too, is flawed.

In order to find Raniere guilty of the pornograph­y charge, the lawyer said, jurors would have to find that it was an “enterprise” act and that the actors in the enterprise had a “common purpose” in possessing it. He said that falls short because the photos never left Raniere’s devices and no one knew about them but him.

As for all the sex, Agnifilo said that was never Raniere’s goal. He said the NXIVM leader was actually sensitive about his relationsh­ips and commitment­s. As proof he cited a witness’ testimony about a fight between her and Raniere over her relationsh­ip with another man.

“There’s nothing high and mighty about him,” Agnifilo said.

The jury is expected to begin deliberati­ons on Wednesday.

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