| Days Before SDNY Trial Avenatti Urges
Exclusion of Text and Tweets of 41-Page Bol
Bol Memo
By Matthew
Russell Lee, Patreon Thread
BBC
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Source
SDNY COURTHOUSE,
Jan 23 – With the trial of
Michael Avenatti set to start
on January 27, it was decided
on January 22 that Stormy
Daniel vs Trump can be brought
up in opening statements, and
in all probability even more
during cross-examination of
government witness Gary
Franklin. Live tweeted thread
here.
Judge Paul G. Gardephe of the
U.S. District Court for the
Southern District of New York
declined, however, to postpone
the trial for a week. He told
Avenatti's lawyers that if
they have a problem accessing
him in the MCC jail as they
have complained, to raise it
to him again.
On January
23 Avenatti's lawyers moved to
exclude from the trial two
post-arrest text message they
say Avenatti never received
because his iPhone was taken
from him when he was arrested
at 20 Hudson Yards, and also
Avenatti's post-arrest tweets.
At issue
in the latter is Avenatti
having tweeted portions of a
41-page "Memorandum of
Action;" the January 23 letter
points, via footnote 3, to the
full Memo, which zeroes in on
then Nike Elite players Bol
Bol, Deandre Ayton and Brandon
McCoy, referring to texts and
bank statements.
The
detail echo or exceed those in
the SDNY's Adidas prosecutions
- we'll have more on this. As
related to the choice of law /
professional responsibility
claims, Avenatti's lawyers'
January 23 letter note that
New York Rule of Professional
Conduct 1.6(b)(5)(i) allows a
lawyer to reveal confidential
information "to the extent
that the lawyer reasonably
believes necessary to defend
the lawyer... against
accusations of wrongful
conduct." Watch this site.
As the more
than four hour final pre-trial
conference went on, more and
more bold-face names were
raised by Avenatti's lawyers:
David Boies (not in). Colin
Kaepernick (in, but only as "a
prominent football player").
Even R. Kelly. Inner City
Press live tweeted the
proceeding, here.
More on Patreon here.
The trial will have a soft
beginning on January 27, with
a questionnaire being
distributed to prospective
jurors. The trial should take
two and a half weeks, Judge
Gardephe said. The case is US
v. Avenatti, 19-cr-373
(Gardephe).
***
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