| Amid Avenatti Jury Selection
SDNY Judge Gardephe Nixes Audio in Opening
and Shortens Day
By Matthew
Russell Lee, Patreon Thread
BBC
- Decrypt
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Source
SDNY COURTHOUSE,
Jan 28 – With jury selection
for the trial of Michael
Avenatti having begun on
January 27, by the end of
January 28 those in the pool
were still being questioned if
they know Mark Geragos or Phil
Knight or Boies Flexner.
At 4:30 pm
Judge Paul G. Gardephe ended
that questioning and turned to
the lawyers in the case.
Assistant US Attorney Robert
Sobelman argued for, and won,
a prohibition on Avenatti's
lawyers using audio not yet in
evidence as part of their
opening, set for a bit more
than 30 minutes.
Avenatti's
lawyers won more time with
their client, getting a
shortened trial day at least
until Judge Gardephe thinks
the trial might not end in two
and a half weeks. Impromptu
live tweeted thread here.
More on Patreon here.
The
opening arguments and more
should happen on January 29,
after what Judge Gardephe
predicted as 15 more minutes
of general questions, then
specifics questioning, then
peremptory challenges (10 for
the defense, six for the
government). It'll all systems
go. Watch this site.
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 - but that Colin
Kaepernick could not, at least
not initially. 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.
Now on
January 26 the US Attorney's
Office has argued against
Avenatti's renewed argument to
cite Colin Kaepernick: "the
defendant asks this Court to
permit him both to mention and
discuss Colin Kaepernick.
(Def. Ltr. 4-5.) However, the
Court already ruled that the
defendant may not, unless Mr.
Kaepernick’s name is on a
recording that will be heard
by the jury. (See Tr. 149:2-11
(Jan. 22, 2020).) And the
defendant acknowledges that
Mr. Kaepernick’s name is not
on any such recording. (Def.
Ltr. 4.) The defendant’s
argument is thus effectively a
motion for reconsideration.
“The standard” for
reconsideration “‘is strict
and [such a motion] will
generally be denied unless the
moving party can point to
controlling decisions or data
that the court
overlooked—matters, in other
words, that might reasonably
be expected to alter the
conclusion reached by the
court.’”
Rightly or
wrongly, Mr. Kaepernick is a
controversial figure. Compare,
e.g., Heroes of the 2010s:
Colin Kaepernick, here
(last visited Jan. 26, 2020),
with, e.g., NFL Executive:
Colin Kaepernick Is ‘A
Traitor,” here
(last visited Jan. 26, 2020),
and, 'He's a racist': Graham
rips 'loser' Kaepernick for
'un-American' criticism of
Soleimani strike, here
(last visited Jan. 26, 2020).
And, importantly, his work and
relationship with Nike, in
particular, again rightly or
wrongly, also is
controversial. See, e.g., When
It Comes to Colin Kaepernick,
the Flag and Nike, It’s Just
Business, The Wall Street
Journal, July 3, 2019,
available here;
Nike drawn into NFL-Kaepernick
dispute over private workout,
here
(last visited Jan. 26, 2020).
That presumably is why the
defendant is fighting so hard
to use his name, when it is
otherwise wholly irrelevant.
And it is precisely why the
defendant’s argument should be
rejected, again "
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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