On Eve of Avenatti Nike
Trial Closings Judge Gardephe Past 6 PM Rules
On Geragos and Franklin Statements
By Matthew
Russell Lee, Patreon
BBC
- Decrypt
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Source
SDNY COURTHOUSE,
Feb 10 – In the endgame of the
US v. Michael Avenatti Nike
extortion trial, on February
10 the charging conference was
held, until 7:10 pm. After
going page by page over more
than 40 pages of the charge,
Judge Gardephe asked both
sides' lawyer if there were
more disputes to resolve.
There were.
Avenatti's
lawyers the Srebnick brother
sought to get into evidence
what they called a statement
against penal interest by Mark
Geragos, that he agreed with
Avenatti on the importance of
the internal investigation
that, they noted, the
government is charging as an
extortionate demand.
Judge
Gardephe noted that while one
prong of the applicable test
was met - Geragos is
unavailable, having cited his
Fifth Amendment rights not to
incriminate himself - the
statement is cumulative. Judge
Gardephe said that Geragos
said that same thing on the
video tape, which Inner
City Press published, here and
which is in evidence. Given
the aversion of some
anti-Avenatti (and seemingly
pro-Nike, even pro-UN)
netizens, more on Patreon here.
The closing
argument are on February 11
and Inner City Press will do
its best to cover them. Watch
this platform. US v. Avenatti,
19-cr-373 (Gardephe).
***
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