Case 1:10-cr-00594-ERK-JO Document 228 Filed 08/30/13 Page 1 of 18 PageID #: 3234

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ML Joseph Yannai Registered # 78396-053 MDC Brooklyn Metropol itan Detention Center p.o, Box 329002 Brooklyn, NY 11232

FILED
IN CLERK'S OFFICE US DISTRICT COURT E,D.N,Y,

*
The Honorable Edward R. Korman Senior United States District Judge United States District Court, Eastern District of NY 225 Cadman Plaza East Brooklyn, NY 11201 RE: IOCR 594 (ERK)

AUG302013

BROOKLYN OFFICE

August 22, 2013

Dear Judge Korman: I am sending you my observations and my response to the government's memorandum as I do not know what my Court appointed attorneys understood from e-mails I sent to them and I was unable to read their response to you before it was delivered. I understand that they are extremely busy, but my life is on the line, and if I will be able to bring to light even one issue before sentencing, I will be blessed and thankfuL

~~ ~
o'ep Y P A Elen ai ~Dl4usillo

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"

This is written not to try to argue with the jury's verdict, not to present new facts or arguments, but only to use the words of the witnesses as they were presented in their testimonies and to try to make sense ofthe facts without the drumming, the lies and halftruths ofthe prosecution. Everything that is said here, whether we think or know it was truth or not, is based only on the words of the witnesses in their testimonies.
# All the witnesses were told beforehand, before they arrived to the U. S., of the intimate relationship that was in the house and they all accepted it.

# They all admit, when asked, that the house was never locked. All of them (but Simonsen, who was there for only one day) could and did leave the house on almost a daily basis. # All of them said that they were told by me that they are free to leave whenever they want and that I would take them to the airport if they decided to leave. I took 2 of them to the airport. Natalie did not want to leave the States and I took her to the train station, and Ramirez, who also did not leave the U. S. on the day she left the house, had an alternate way of getting to New York and did not want to use the train. # Even those of the women who claimed that they were testifying against me in order to "save" other women from the "abuse" did not even try to claim that they informed the authorities of the "abuse" while they were in the house, immediately after they left the house or years after they left the house. All of them, but Natalie, read on the internet 3-5 years after they left the house that I was arrested. It was a result of Audrey Stone's PR campaign which painted me as a sex slave driver. Only then did they have the civic urge to save other women and only then to jump on the wagon. Natalie did not even use the internet as an excuse to be part of the party. She agreed to testify against me after agents contacted her, years after the events, and promised her benefits if she would testifY against me. Ramirez tried to claim that she did inform the authorities after she left the house. She had a story that was so unbelievable that even the prosecutor did not try to investigate it, which said that she met, on the way back home, at the Laredo, Texas airport, a policeman, told him the story of the "abuse" and he told her he would report it. No report was filed. She did not give the policeman her name and address and the policeman did not give her his name and badge number. Ramirez also claimed that when she arrived home she contacted a Spanish speaking organization of abused women, told them the story and they said they would investigate. Again, they did not ask and did not receive her name and her contact details, she did not ask for the name of the person she talked to, and no complaint was filed.
# All of the witnesses had higher education (different levels of college degrees) but for Vanessa who had only a high school degree. It is impossible that they did not understand the emails that were sent to them, and if they did not understand a word (like Vanessa with the almost worldwide and Hungarian-used word "intimacy"), none of them asked to make a word or a subject clearer. All of them wrote back that they accepted what was written to them about the conditions in the house and their duties, before they came to the States.

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# Unless my supernatural powers were wasted in the last almost 70 years of my life, there is no way I could have "brainwashed" college-educated human beings who stayed with me from 2-82 days gross and 1-57 days net (by net I mean days that I was in the country while they were in the house, days that Elena was at work, the only time in which, according to the witnesses, I could have "abused" or "brainwashed" them). # It is obvious from the manner in which the testimonies were given that the witnesses were not only coached, but also told what to say, including when to cry (when they were caught lying) mainly by Audrey Stone. But the prosecution made one mistake that reveals their scam. In her testimony, Herczeg, when describing me laying on her, said that I was 6'1". She was born and raised in Hungary in which, like in any other country in Europe, the metric system is used. She would never know to say 6'1" without a law enforcement person or corrupt prosecutor who had the personal data, told her what to say. In addition, even an American who would be asked to describe a person's height would never say 6'1 ". He would say "about 6 foot", "a little more than 6 foot" but never 6'1 ".
# The 2 women who said that they were afraid that I would hurt them (kill, rape, take somewhere isolated and leave them there) were Herczeg and Ramirez. Herczeg admitted that she had these fears before she came to the States and that I didn't ever threaten her. Ramirez, according to her testimony, had bad experiences when she grew up, and that is why she was afraid of me. Also, in the clear hints of the sealed documents regarding her, which the prosecutor gave in his cross, one can easily understand that she was in psychiatric care long before she came to the U.S. # At least 2 of the witnesses, Natalie and Bernadette, admitted that they were told by the prosecutors, before coming to testify, that there was a strong possibility that they would get money if they were to testify.

# All of the witnesses, and others who were involved in the case, received from the government a special work permit which allowed them to live and work in the U. S. and to eventually become a citizen.

Anne Simonsen
# In the correspondence before arriving to the U. S., she wrote that she "will not be offended" by intimacy between me and her because she is used to it from her family. 94/6-12

# She arrived on Wednesday night (l/4/06) and left on Friday morning (l/6/06). # The "abuse" according to her was on the second (and last) night. During the night before and the following day, Thursday, she received countless phone calls from her boyfriend who called at almost every hour of the day and night. Simonsen was crying and acted hysterical during and after each of those calls and admitted she got what she

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described as panic attacks before she came to our bedroom. She did not get those panic attacks as a result of my "abuse". According to her, I placed my hand on her breast. She did not try to call Elena for help although she just left Elena who was in a room directly below hers. According to her, the minute she told me she felt better and would like to sleep, I left her and the room. 109/24-25; 110/1-25; 11111-24; 119122-25; 12011-3
# The issue of the long-term harm that was caused to her by my "abuse" was not brought up in the trial although the trial took place 4-5 years after the "abuse". What was brought was that 3 weeks after she left the house she was on another au pair job in France. 8717-9

Laura Ramirez
# She arrived on Saturday night (7/8/06). On Sunday during the day she went with us to a polo game and then had dinner with us and guests at home. She was with me alone on two days: Monday and Tuesday (but for the several hour trips she took to the center of town each day). She left on Wednesday morning (7112/06).

# She admitted she was nervous before coming to the States because she did not see my pictures and because "ofthe experience of growing up" 149117-19 # She said she considered the kisses as part of a "family thing." 158/5-9
# There were two places in the house where, according to her, the "abuse" took place. 1. In my bed, and 2. When I was sitting at my computer and she came to give me a goodnight kiss. In both cases, the "abuse" was kissing her on her neck and grabbing her breast.

# The goodnight kiss was, according to her, when Elena was at home in her bed in the bedroom. The computer, according to her (and this is true), was "just outside the bedroom." 17113-6 She did not cry (or even could have whispered) for Elena's help.
# As to the bed scene, she said in her testimony that she understood that I was hugging

her and kissing her because she was without her mom and because her boyfriend told her to come back home. 222/24-25

# She admitted that her boyfriend (today her husband) told her to return home on her first work day at the house. # She said that she felt unsafe not because I was touching her, but mostly because I told her she was an ogre, that she would never achieve anything in life, and that I brainwashed her (in 2 days). 18017-16 # According to her, from day one she came every night to kiss me and came to my bed, now claiming I "abused" her although she admits I never forced her to come or do anything. 221115-25; 22211-25; 223/1-25; 22411-14; 229/25; 23011-8; 232/9-15

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# She was very clear what she thought about the "abuse" before she was told by Stone what to say. After leaving the house, she went to New York to a travel agency and told the travel agent her story. She told him she came to work and this man had "tried" to abuse her. 177/6-8
# As to her fears, she admitted that she could easily have walked out the door and that the house was never locked. When asked why she didn't just walk away, she said: "It didn't occur to me. I didn't think about it." Is that an abused woman who tries to escape from the "abuse"? 233/8-12

# She admitted that I said to her that I would take her to the airport whenever she would want me to, that I never stopped her from leaving, that I never threatened to hurt her if she would leave. 233118-23; 234/9-17 # On her last night in the house, after the long (20 minutes) kissing of her neck in my bed, which happened a few hours earlier, she exchanged 6 e-mails with her boyfriend in which she told him that I was "a pleasant person", that she was not afraid that I would rape her and that I took her out to dinner every night. 24111-22

Vanessa Stenzel

# The longest-staying witness in the house: 82 days gross, and when one subtracts the weekend days and Labor Day in which Elena was at home, the net number of days she could have been exposed to my "abuse" was 57.
# On her first day at the house, when according to her she was given the choice between an intimate relationship with me or just a professional relationship, she chose the intimate relationship. 366111-16 # She was the only one who said that I had oral sex with her. # When she realized that we are going to stay in the same room at the hotel in Detroit, she said to herself "Oh shit", but did not say anything to me and did not ask for a separate room. 301/4-9

# When asked by Stone how did it happen that my penis was in her mouth, she answered
describing a relationship between 2 consenting adults: "How things happen? You took some clothes off and something happened more and more and more." And when Stone continued to enjoy herself and asked Vanessa ifI pushed any part of my body toward hers, she answered again as an adult: "yeah, maybe not intentionally but yes'" 314113-25; 315/l-2

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# Vanessa was very careful when asked ifI put my penis in her mouth. She answered:

"The penis had been in my mouth." When asked if she ever pushed me away she answered "no". 315/8-13

# Vanessa repeatedly said that she did not fight back when I touched her, that she did kiss me, that she never tried to push away my hand when I touched her breast, that she did not say "no" to washing my body in the bath, that she came voluntarily to my bed and lay next to me, that she said nothing when I touched her clothes, her breast, took her blouse off, kissed her on her mouth, that I never forced her in my bed and she did it voluntarily until we stopped when she told me she is going home, that never during her stay I used actual force, never threatened to use force or to call immigration, and that she knew that the only consequence if she refused to be intimate with me would have been that she would not be part of the family anymore. 305119-23; 307116-25; 30811-2; 309110-19; 313119-25; 314/1-7; 314/13-25; 31511-2; 379/3-7; 419/6-25; 42011-8 # When, towards the end of the stay, she told me she did not want to do "these things" anymore, I stopped and she was only angry when I told her she was a cold fish. 317/2425; 318/1-5 # Vanessa made two videos that were full oflove and emotions towards the house, the people in the house and the life in the house. The first was made after the "abuse" in Detroit and the second just before she left, kind of summarizing her experience. 380/8-13 # When on a trip to New York City, I paid for a portrait of hers. Upon her return home, she gave it to her mother to be hung at her parents' house in which she resided upon her return: A constant reminder of her stay. She never testified in the trial oflong (or short) term suffering, and the portrait for sure was cause for nightmares. 396/11-22

Natalie Yagoub

# According to her, in the beginning she tried to push me away, but then she stopped because it became a routine and I told her that if she would continue to refuse, I would throw her out ofthe house. This is the same woman, who a few days later, left on her own. When we were involved intimately, she "did not feel good," but continued thinking about her job, which she herselfleft only a few days later. Another explanation why she did not say "no" was that she was just out of school when she left Austria. 46017-16; 471124-25; 472116-20; 515122-25; 516/1-3; 518121-23
# She claimed that her return ticket expired a few days after she arrived. An international ticket with a return date of 21 days or less costs much more than a ticket with a return date of more than 21 days. She simply wanted to spend time in New York City as she said was her dream, knowing that she would always find people to help her. 478/5-11

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# And she was right. At the train station she met a young man who offered her a place to

stay for a week, free of charge. In her testimony, she did not say exactly how she paid him, but when she was asked why she did not tell the government about her relationship with this man she lived with for a week, she said: "We didn't really have [a relationship]. I really didn't have a relationship to this young man. It was one time, very short, brief and not much happened." What was it that was only once and short? A monopoly game they played? A short Bible chapter they read together?
# A week after she left Pound Ridge, she had already paid for a week's board and then found not only the waitress job from which she was fired, but also "fell in love" with another young man who not only provided her with a Manhattan apartment, which she shared with him (the week-long one was in Queens), but also gave her money for her airline ticket. 552/9-16 # The first time she decided to leave, I managed, according to her, to convince her to stay. The next day I left for Turkey, returning after 5 days. Upon my return, she told me she was leaving again. No "abuse" could have made her leave as I wasn't there. In her testimony, she indicated that life in the house was monotonous (in her case, it meant that she had to work) and that she felt because of that as if she was in prison. She also complained that we had franks every lunch. Never in the last 28 years has the same dish been served day after day. But that is Natalie, the same woman who did not have a dollar in her pocket was lucky to find a job as a waitress although she did not have work papers and was fired from her job for being late. I know the restaurant industry. No waitress would be fired if she was only late once. She described this episode as embarrassment, the same reason she gave when explaining why she did not complain of the "abuse". 53717-10; 478/15-25; 47911-25; 560/1-13

# She joined Ramirez, who claimed that in the 2 days she was with me I brainwashed her. This time, with Natalie, it was a whole 9 days in which we were together with no disturbances from anyone who could have prevented me from "brainwashing" her. I wonder why the prosecution didn't instruct her to say that I hypnotized her. She said in her testimony that I had total control over her and total power, but it did not prevent her from leaving. 472/3-6
# As to her emotional damage: In her testimony she said that she knew eventually she could get over what had happened. This eventually was short-lived when she met and had a brief relationship with one apartment owner and then fell in love and took money from another apartment owner. Years later, while she was still in a traumatic state, when a U.S. government agent called her to talk about possible testimony in my case, she did not have time to talk to the agent. 509/4-6; 539/23-25

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# But she did find time and was ready to talk and to come and testify when she learned, while still in Austria, that if she will testify she will be compensated for her experiences in the house. When she was interviewed by my attorney, she said that she was promised by the prosecutor that the government will take my house, sell it and divide the money among the witnesses, without telling her that it is not my house. 562/12-25; 56311-4

Bernadette Herczeg
# In the correspondence with her before she came to the U.S., she understood that 1 considered a boyfriend to be a potential disturbance, so she wrote: "we [she and her boyfriend] were not in a good relationship, and anyway it is about to end" 580/18- I 9 # She ended one of her e-mails to me with "Bye my sweetheart" and when asked why she wrote it, she said: "I just, I don't know, 1 felt like 1 had to write it down." 583/21-22; 680/ 19-21 # The pictures 1 sent her in which 1 was kissing Joanna made her "feel better" (not afraid of the fear she had before). 667/2-5 # When she was asked if she understood when 1 talked about the actual act of sex in one of my e-mails before her arrival to the U.S., she answered that it did not matter anymore because "I believed he would give me a better life." Later saying that she wrote to me in capital letters, I NEED THIS JOB and also: "All your letter is understandable." 677/1924; 678/16-20

# When asked if I wrote to her that she would have to make my bath, she said yes and that she answered me: "I understood what you wrote and 1 will do this" 686/10-16
# Often in her testimony she claimed she did not reject my advances because she was afraid that 1 would hurt her and/or kill her and/or take her to some deserted place and leave her there and she would vanish, although she admitted that 1 never hurt her or threatened her. On cross, she admitted that before she came to the States she heard about girls who went to foreign countries and never came back, and that was her fear before even coming to my house. 608114-19; 663115-25; 664/1-5

# On the ride from the airport, practically only minutes on American land, according to her 1 asked her to place her hand on the top of my hand, and she did. When asked why, she answered: "I felt like 1 already lost controL" Also, when she was sitting at the computer and, according to her, 1 grabbed her breast, she did not do or say anything. She was asked if she ever told me to stop grabbing her breast, and answered she did not because "she was afraid of the consequences" and, therefore, she "just let it happen"

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although she admitted that I never said I would hurt her if she refused to allow me. 596/18-25; 60517-12; 721/23-25; 72211-3; 722110-12
# When, according to her, I grabbed her hair and pushed her down to the ground and pushed her head towards my penis, she said "I was trying to ... I was trying to do what he wanted me to do." When she told me she can't do it, I said it is OK for now. 607/5-9; 608/22-23 # When, in another incident, I grabbed her hand and put it on my penis, she agreed. Another time, when she stopped manipulating my penis, I asked her why she stopped and she continued without saying a word. 63511-14
# She said that while Gisele was performing oral sex on me while the three of us were in the bathroom although she could leave and although nobody told her to stay, she stayed and watched. 73119-20 # She said that I never asked her to wake me up. It was Gisele who invited her to join her when she was waking me up and Bernadette agreed. At first, she was just sitting on the bed, then she agreed to lie down in bed with Gisele and me, sometimes under the blankets, when I was in the middle. There were times that I took off or unbuttoned her shirt and she agreed. There were times she unbuttoned her shirt herself. When she was in bed with the two of us, she observed us engaged in sexual contact and oral sex, and she lay in bed, although no one told her to stay, observing it. 738/20-25; 739-741

# When at a certain point after I, according to her, ejaculated on her and she said, "That's the end, I am not doing any of this anymore," and I said OK and accepted her decision, and when she was asked if I stopped making any passes at her, she answered: "He stopped treating me like a human being, yes." 74717-12; 74811-3
# Only when I wasn't "abusing" her and stopped being "friendly," only then she decided to call her Hungarian friends and leave the house. 749/6-8 # She did not tell anyone for a long time of the "abuse". Not to her Hungarian friends, not to the Pound Ridge police, not to State police investigator Merritt or to Stone. Her reason for not telling Merritt and Stone about the "abuse" she suffered only a few days before they interviewed her was, "I cannot remember everything." 646/17-25; 647-649; 6501116; 651/4-17; 733112-14; 738/6-16; 742114-25; 74311-18 # Not only did she not say anything about the "abuse," but on the night when she was taken from my house, she gave and signed two testimonies to the Pound Ridge police in which she was asked directly if I abused her, hurt her, or threatened her and her answer was no to all of those questions. She wasn't asked about it while testifying in Court, but those documents were admitted and they are part of the record.

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# When I, according to her, grabbed her hand and wanted her to soap me in my private parts, she told me that she did not want to do it and I let her go. 724/5-15

# She is one of the two witnesses testifying because she "was interested in getting paid and getting money damages from the defendant because of everything that happened to [her]" 590/3-6 She also filed a civil suit for millions of dollars against me.

PERSPECTIVE If the Goebbels-style mode of repeated lies, deceit and manipulation of the truth and the facts by the prosecutor will be put aside, one can concentrate on the" crimes" for which I already have spent 35 months in jail. Even ifthe created and well-rehearsed testimony of my five accusers will be considered as pure truth, the facts are as follows:
1. The most serious "abuse" I was accused of was oral sex. Two of the witnesses brought

it up. a. Vanessa described us having consensual oral sex, she testified that I never forced her, and when she decided to stop, I stopped. b. Bernadette described how she was trying to have oral sex with me because she understood that that is what I wanted, but when she told me she couldn't, I said OK 2. The worst form of "abuse" as described by the other three witnesses was that of me kissing and touching them. a. Ramirez who was in the house for 5 days (only 2 of which were "abuse"-potential days) testified that she considered the kissing as part of a "family thing" and that she understood me kissing and hugging her in my bed (according to her, I never forced her to come) because she was without her Mom and under the stress of her boyfriend's pressure to return. On her last night in the house, she sent her boyfriend an email in which she described me as "a pleasant man". b. Simonsen was under phone attack from her boyfriend from 5 minutes after she arrived to the house for a 2-night, one day stay. The boyfriend demanded her immediate return, which caused her to cry during and after every phone calL She claimed that because I put my hand on her breasts (while she was dressed) she became hysterical and had panic attacks. But she also said that when she was by herself trying to go to bed, she was hysterical and had a panic attack and went to our bedroom. I escorted her back to her room and tried to calm her down. Then she told me that she felt better and would like to sleep, and I left her room. c. Natalie said that because I was persistent she decided to let me touch her.

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3. Two of the witnesses said that they were afraid of me, although admitting that I never threatened them or hit them. a. Bernadette also testified that she was afraid before she came to the States, having heard about girls who travelled to foreign countries and vanished. b. Ramirez said that she was afraid because she never got a picture of me and because: "of the experience of growing up." Again, this is the same woman who wrote on the last night of her stay that I was "a pleasant man" and that she was not afraid that I would rape her. 4. There cannot be slavery without slaves. The slavery accusation is non-existent as slaves have to be locked up and not be able to run away. The house was never locked and all the witnesses (but Simonsen, who was there for a day) took hours-long walks almost daily. In addition, I offered each of them a ride to the airport whenever they would want to leave. And for that I am 3 years in jail.

Response to Government's Sentencing Memorandum I am sure my attorneys brought up all the legal arguments in response to the government's memorandum. I would just like to highlight "facts" and the manipulation of those facts that were manufactured in the sick mind ofthe prosecution without any relevance to truth, justice or even fairness. Page 2 - As long as the judge has not decided against two reputable and accredited toxicologists, Spector should not be allowed to cause the judge to assume that I made an "effort to obstruct justice and subvert the criminal process." Page 3 - The woman from 1992 was not brought as a witness, although r am sure the prosecution could have found ways to "reward" her for testifying against me. There was no "victim" in New Jersey. There was a young woman who was recommended and was hired as a maid who did not wait more than a day or two to steal my wife's jewelry. She filed a complaint with the police of sexual abuse. I went to the trial, she did not show up and the case was dismissed. Spector uses his usual Stalinist methods to lie and manipulate the truth, but this time, there are court documents. Spector, who brought people from all over the world to testity against me, would have brought this woman to testify, but he also knew that although she could have lied as much as he would have instructed her to, there were court documents to prove otherwise. It is much easier to just lie in her absence. Page 4 - I never promised any of the witnesses a Green Card.

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Page 4 - As to the $20,000, the only one who by then had reached the 1 year and wasn't paid was Gisele Lunkes. She asked me to keep the money for her because it was safe with me. She also wrote it in one of her emails to her family, promising them that she will have a lot of money when she will return. After she came to my house from the shelter, the police told her to ask me to give her a ticket home and give her the money. I answered yes to both, but she left the house and went back to the police. She probably achieved the mission they sent her on, to get my consent for a ticket home and the money (they would have accused me of obstructing justice and paying for silence). We will not know what would have happened as the prosecution decided not to bring her to the stand although she was their star witness. Page 4 - I never presented myself as an author. The author was invented by Audrey Stone in her press releases when I was arrested. Page 4 - Yes, I am (or was, before being arrested) a publisher, who published more than I book Page 4 - Spector has the audacity of mentioning the difficulties my wife had in paying the mortgage. After he heard that the bank agreed to modify my wife's mortgage, which would have enabled her to pay it, he called the bank representatives and told them that the US Government wants the bank to take back the modification offer. What a sorry example of the shamelessness of certain people who dare to call themselves a human being. Page 5 - Spector continues with his lies by saying that I told the witnesses not to bring a return ticket with them. On the one hand he accuses me of directing the witnesses what to do and say at immigration upon arrival, and now he accuses me of doing the opposite. Everyone of the witnesses was told to have a return ticket which she would be able to show upon request, and was told that ifthey would not have such a ticket, the immigration would probably send them back on the next flight. Page 7 - As to Gisele Lunkes, she was with me for almost 2 years and there are almost daily emails she sent describing her love to me, her happiness in the house and how lucky she was to have met me. If Gisele Lunkes would have been brought as a witness (my previous attorneys were too lazy to develop the case and did not call her), she would have been faced with those emails and wouldn't be able to use the excuse of being afraid as I was not involved in writing those emails and some of them (to her family) were in Portuguese. Her claim that I threatened her that she would not see her family again, like her other claims that the prosecutor can lie about and make her lie just because she did not testify, is false. Not only did I never say that, but I paid for an airline ticket for her mother to come and visit her. Her mother stayed in our house for 10 days. I and Elena took her mother with Gisele out every day, shopping (which I paid for) for her whole family and even paid an $80 overweight charge at the airport on her mother's way back. Page -9 - Isabel Krintz is another way that Spector is able to create lies because the truth might have come out if he had summoned her to testify. Isabel was in my house for less

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than 2 weeks. Two days out of those ten days, she asked to visit her sister, who came on a separate trip to NY. Her sister, a police officer in France, was the guest ofNYPD officers. I took Isabel to the train station for that visit, gave her money to cover all of her expenses (she even used part of the money to pay for dinner for herself, her sister and NYPD policemen in a restaurant which the French woman described as "the best I have ever been to" . Page 9 - I couldn't read the handwriting of Shannon Fisher. She came to work for me until the conditions of the man, whom she was his mistress, would allow him to bring her to his place (I think it was in Florida) i.e., would finally separate from his wife. She told the truth to Gisele, who let me know, and I asked Shannon to leave. I then went for a trip with Elena to Sicily and she stayed a little longer in the house until her boyfriend made final arrangements for her going to Florida. Weeks or months after she left, she showed up again and asked to stay. I refused and asked her to leave. If Spector would have brought her as a witness, instead ofleaving the door open for his lies and fantasies, the truth would have come out. Page 10 - The story of the young woman from Michigan is more proof of Spector trying to deceive the court. She was not underage. She was older than 16 and the law in Michigan, something I learned only during my trial, is that "underage" is under 16. And it was Gisele, and not Vanessa, who told the police this imaginary story about me having sex with this girl. Gisele learned from Vanessa that we met the family and that the daughter stayed with us. I know that the girl from Michigan did not know that I had sex with her or did anything wrong to her as in all her father's emails to me since my visit, he sent the love of his daughter to "uncle Joseph". Vanessa and I heard some strange stories from this young girl about her adoptive father and mother, about the special "relationship" her father had with her, which she thought was about to cause her parents to divorce and of her eagerness to go back to Russia, the country she was adopted from. She even asked me to take her back with us to NY, which I did not agree to. I have no doubt that Spector could have squeezed from this young girl, too, whatever story his sick mind could have created, but he chose not to bring her to testify or even to charge me. I never knew that my then attorneys wrote on my behalf, as Spector claims: "Certainly would be viewed as abhorrent by a large portion of society." I wouldn't have let them write it. In fact, I would have objected to any attempt to prevent her from testifying. Page 11 - The prosecutor repeats his allegations regarding the 1,500 questionnaires I had with au pairs. I tried to explain that it had nothing to do with the women who worked for me or who I wanted to work for me, but it was for compiling a book about au pairs and their families. When the issue was brought before the judge the first time, before the trial started, the judge told the prosecutor to bring him even one name of a woman that either worked for me or was approached regarding working for me, for the judge to be able to decide which version to accept. When it was brought again, during the testimony of Investigator Merritt, the judge forgot his condition to the prosecutors. It was beneficial for the prosecutor not to remind him, and the judge, although none of the 1,500 was ever approached by me, allowed the prosecution to bring it up and convince the jury that I had a "waiting list" of women to come and work for me.

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Page 29 - Laura Ramirez stated in her testimony about problems she had growing up. She also described me to her boyfriend as a "pleasant person" and her only negative description of her "abuse" was when she met, after leaving the house, the travel agent and told him that she came to work and that "I tried to abuse her." But now she has a psychiatrist (is that the one that treated her before she came) who writes the same BS that psychiatrists write for their patients. Page 29 - Anne Simonsen showed hysterical behavior and panic attacks and outbursts of crying when she was talking on the phone with her boyfriend, who she left immediately after returning to Denmark and before going to Paris, 3 weeks after leaving the house. Page 29 - As to Bernadette, one should consider everything she wrote. She wrote that I ejaculated on her but she also wrote that she came to the bed, got undressed by herself, watched a sex act between me and Gisele while lying next to me, and kissing me and letting me and Gisele touch her sexually. All her fears which she described as a result of her "trauma" were listed in her e-mails from before coming to the States. Page 30 - Again as to Gisele, she did not testify (she did in front of the State grand jury) although she was supposed to be the prosecutor's star witness, but because in the many written testimonies she gave before the trial there were more lies than truth, the prosecutors decided not to bring her to the stand. But now they are trying to bring her testimony through the back door without me being able to refute it. I am not going to get into all of her lies, but to say again one thing During all her long stay in the house, she wrote almost daily e-mails in which she professed to her friends and family her love to me, her happiness with me and with her life with me. Should I get a new trial, Gisele will be the first witness who I will call to the stand and will, among other things, be able to bring to the court the lies and dirty tricks ofthe prosecution. Gisele's interest is mainly money and she is one of the 3 who has sued us for millions of dollars. Page -31 - I did not know that Gisele knew about me meeting my friends and their daughter in Michigan, and as I did not do anything wrong in Michigan, I couldn't tell her to help me obstruct justice and not to tell the government about the young woman, who the prosecution keeps on calling a minor although she was not. And yes, I took Gisele to my attorney when she all of a sudden called me from the shelter that the police had taken her to, a few days after she left the house. I wasn't present in the interview so I couldn't influence my attorney or her. After she called early in the morning asking me to "come and pick her up, I want to come back," I told her to wait until 9 AM (her call was around 5 AM) for me to call my attorney to ask him if I should go and pick her up or whether it was a police trap. My attorney was the one who told me to pick her up and bring her to him. As the prosecutor now says, Gisele testified in the grand jury about it and said that she lied because she was afraid that I would harm her. In a written testimony she gave to the police, she said that she lied because I told her that I am taking her to an immigration attorney and she made everything up so it would be easier for him to get her a green card. Both versions are lies.

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Page 32 - Trying to commit suicide, which I did in August 2010, is considered an attempt to obstruct justice only by blood thirsty officials of a Nazi regime. Every holding hands with one of their witnesses is considered sexual abuse and slavery, but fear of a man in his late 60s is obstruction of justice. Shame on Spector and whomever agrees with him. Page - 32 - And while Spector is happy to inform the court that I was about to obstruct justice again, as I told some idiot in the hospital while I was still under the influence of the drugs that I would plan to commit suicide again, he neglected to tell the court that after 2 days in the hospital that I was sent to jail, put in a special suicide prevention room where during 4 days, 4 different psychologists tested me more than once each and they all came to the conclusion that I would not try it again and released me to the general unit. Page 33 - It is not the first time that Spector claims that my wife lied, but never dared to say how she lied. My wife did not lie. She is not married to a corrupt prosecutor, she had no one to learn from how to lie. Page 33-34 - Spector tries several times to claim that in actuality the court accepted his view that I tried to commit suicide a second time during my trial. This issue will be determined by the judge who has 3 toxicologists' statements (one testifying) of which the two with the higher education said that there is no way to determine such, and the third, the prosecutor's witness, who doesn't have a higher education in toxicology (or in anything else for that matter), in addition to a prosecution candidate for testimony who said, just as the hospital doctor, Dr. Liu did, that there is no way they can determine with the test that was done whether I tried to commit suicide or not. There are two possibilities: 1. Spector is not afraid to show the judge that he is lying by saying in actuality that he knows what the judge is about to decide, when he doesn't, or 2. That the judge told Spector, without the knowledge of my attorneys. Both possibilities are scary. Page 34 - Spector knows that I did not bring up the carbon monoxide theory, but that my private physician in his written testimony did. Spector also knows that the half-life 'theory' is a valid explanation of what had really happened when I collapsed. Spector also knows how ridiculous the theory of the judge is that maybe I took the pills in order to time a collapse in the court. The toxicologist who testified rejected it even before the question regarding it was finished being asked. But Spector, thinking or knowing that by that he will gain the sympathy of the judge, continues to bring it up even at this stage. Page 36 - Maybe the best evidence of Spector's bringing the dirty tricks to a level of art is in his footnote #8 on this page. Spector writes that in light of the Court's ruling, the government does not seek to apply the cross reference as to "victim" V.S. (Vanessa). But, nevertheless, he attached to his memorandum an 8-page report of testimony the government took from Vanessa (government Exhibit 5) Page 36 - The guideline is a tool to help the judge, should he choose to use this tool, regarding the punishment. Whether it is allowed by the law or not, bringing testimonies of any kind of "victim" which the judge decided not to accept or "victims" who did not testify and the prosecution is free (and used this freedom) to say whatever it wants

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regarding those "victims" or dictate to them what to say in a written statement, without the defendant being able to prove that the prosecutors and/or the so-called "victims" are lying, is unjust at this stage of the game, and could leave a false impression on the judge. Page 37 - The claims of the prosecutor regarding Natalie do not sit well with the facts as they were brought by her in her testimony. Whether the long story ofthe vagina is true or not, Natalie said in the beginning of her testimony that she agreed with me "abusing" her. It was a routine. Page 43 - The government did not identify 11 women who were "abused" by me. In the justice system (or at least that is how it was) the government does not just throw names and stories. The government's way of identifying victims is to bring them to testify. Page 44 - The government accuses me of being reckless and endangering the lives of people when I drove on that day for a long ride when I collapsed. How hypocritical Spector can be and why does he think that everyone, including the judge, is a moron. I did not take drugs. I took pills during the night to help me fall asleep and I never thought that I will collapse. When I felt dizzy, I parked the car before collapsing. Page 46 - Spector, for the third time in this memorandum of his (that is the trick that Goebbels used and brought the Nazi propaganda to its height: To repeat every lie many times until the listeners will start believing it) makes allegations regarding the list of 1,500 au pairs. Of course Spector neglected to mention that among the 1,500 were many older mature women, there were men looking for an au pair position and many families, husband, wife and children, who were seeking au pairs. He claims that the 144 questions were designed to assist me in identifying who would be the most susceptible to my "victimization". I dare anyone, including the judge, to read the questions in the questionnaire to see that, again, Spector is a shameless liar. Page 46 - The government brought again the story about the woman who I approached to work for me even after I had been charged. One of the things that the "government" is famous for is ruining financially every accused or defendant. The government throws accusations about that are repeated or just ridiculous, the government demands a ridiculous bail which leaves little or nothing for the defendant for a lawyer. In addition, the government demands all kinds of restrictions (mainly home confinement) so the accused will not be able to work and earn his living. Many families were ruined by that and many businesses were ruined by that. At that time I did not know that I would be spending 3 years in jail even before the sentencing and I was trying to keep on working, although the stress of the trial was enormous. So yes, I met a woman who said she is a student and I offered her to work for me, telling her, like I told everyone, that I am about to be on trial for sexual slavery. I gave her my name and phone number, she went to the internet, saw the screaming headlines which came from the sick mind of Audrey Stone and went to the police. Page 47 - When it serves the prosecution, as they state, from a violent cruel sex offender: "As the Court is well aware, Yannai only occasionally needed to resort to violence to

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further his ends." So why did they instruct the witnesses to accuse me of being violent (or that they were afraid that I would be violent) and why did they charge me with that? Page 48 - 1 was trying to find where 1 was lying to MDC medical staff regarding my condition and couldn't find it in Exhibit 14 or other exhibits. Page 48 - As to my refusal to receive medical treatment, I did refuse regarding two, and only two issues. I refused to be checked by the jail dentist (twice). It is well known in MDC that the dentists there have only one cure for every dental problem, and sometimes even when there is no problem: To extract a tooth. 1 don't need them to do that, thank you. My teeth are falling out without their help. The other issue for which 1 refused to be treated was my leg. When 1 came to MDC, the doctors checked my leg, which caused me a lot of severe pain. I am not able to step on the leg since my hospitalization. The doctor sent me to have x-rays (I think between 10 and 20). A few days or weeks later, he called me and said that from the x-rays he thinks that 1 have a broken hip. He suggested sending me to a local hospital for an operation or a hip replacement. 1 refused. 1 thought then that the request for a new trial was a question of days or weeks and then I would be at home and would have a chance to have the operation with a good surgeon and be treated by my own orthopedic doctor. A few days later, I was called again to the medical. This time a nurse, Bernard, who liked to be called a doctor, wanted to check my leg. I refused as a few days earlier 1 was checked by a real doctor. By the way, Bernard justified my decision not to be treated with my hip in Brooklyn, saying that he saw too many cases where the Brooklyn hospital failed in their operation. I still refuse to take the risk of being operated on by a hospital which was contracted by the MDC. No matter how long I will remain in jail, I would like to be able to walk when 1 will be a free man. Page 49 - Yes, 1 refused allowing White Plains Hospital to give my medical records of the stay there to the government. I still had fresh in my mind how Spector lied using the records from the Mt Kisco hospital and illegally giving details from those records to the press. Spector said, "Can't a person make a mistake," and the judge accepted his mistake. Page - 49 - 1 don't think I ever told any doctor that I had a stroke in White Plains Hospital. I might have said that one of their theories for my collapse was a stroke. Page 50 - Spector continues his deceit when saying that I told the doctors in the jail that I refused an operation because I wanted to wait to be seen by my own orthopedist. Spector wonders how it is that I said that, months before I filed the Motion 33. Spector knows from my correspondence with the judge regarding my previous lawyers, and by my firing them and asking for different lawyers, that I had waited months, and years for the motion to be filed, and my then lawyers took their time, although, with a regular paid lawyer it would have taken days or weeks. Spector knows that and the judge knows that Spector knows that. Page 51 - It is also true that I refused being vaccinated. I subscribe to the school that many doctors subscribe to that vaccination at my age can be harmful.

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Page 51 - I never refused to take my medication for 6 weeks. I am getting, twice a day a light pain pill because of the tingling in my toes. This is not a medication to cure, but to make me more comfortable. I usually sleep when they bring the morning medication therefore I usually miss the morning pill. When asked by a nurse (also preferred to be called doctor), Rosa, why I don't take my morning pill, I explained this to her. Her solution to the situation was satisfactory. She doubled the dosage of the medicine and since then I have been breaking the pill to two and taking the pills twice a day. Page 52 - As to me not taking pills for 5 days. After losing consciousness and being brought to an outside hospital, the doctors diagnosed that I had a seizure. I was prescribed pills against seizure but they caused me to become dizzy and I fell twice. I told that to another nurse (dr.) who told me to keep on taking it as the dizziness would stop after a while. He was right and since then I take this pill.