| For Nike Extortion Trial Jury Charge
Avenatti Objects To Vagueness and California
Duties
By Matthew
Russell Lee, Patreon
BBC
- Decrypt
- LightRead - Honduras
-
Source
SDNY COURTHOUSE,
Feb 12 – In the endgame of the
US v. Michael Avenatti Nike
extortion trial, on February
10 the charging conference was
held, until 7:10 pm. See
Patreon here.
On
February 11, over hours, the
closing arguments were held.
Inner City Press live-tweeted
them, in 96 installments, here.
Early on
February 12, Avenatti's lawyer
Scott Srebnick submitted
objections to the jury charge,
including "to the absence of a
willfulness instruction on
Counts One and Two; 2. Mr.
Avenatti objects to all
instructions on duties under
California law (Dkt. No.
258:33-36).
3. The Court
informs the jury at Dkt. No.
258:33 that the government
must prove beyond a reasonable
doubt, as an element of honest
services wire fraud, that Mr.
Avenatti violated one of more
duties that he owed Mr.
Franklin under California law,
but then the elements of Count
Three at Dkt. No. 258:37-43 do
not explicitly provide that
the jury must unanimously find
a violation of a particular
duty (nor unanimously agree on
which one). Therefore, Mr.
Avenatti objects on the basis
that it is not clear whether
the jury must unanimously find
a violation of a particular
duty (e.g., loyalty,
confidentiality, reasonable
communication, scope of
authority, etc).
On
February 11 Assistant US
Attorney Matthew Podolsky led
off with the now famous "have
you held the clients balls in
your hands" audio, and went on
from there.
Avenatti's
lawyer Scott Srebnick covered
the case focusing on the
desired and goals of client
Gary Franklin and his
consultant Jeffrey Auerbach.
His brother
Howard Srebnick followed with
the case from the perspective
of Avenatti in New York,
saying he was carring out
Franklin's stated desire to
"light the fuse" for justice.
AUSA
Daniel Richenthal derided that
narrative, and told the jury
it didn't matter that Mark
Geragos, much less Nike, were
not charged. But might it,
when the jury begins to
deliberate on February
12? More on Patreon here.
Next
are the jury charge and
deliberations - and verdict.
Watch this platform. US v. Avenatti,
19-cr-373 (Gardephe).
***
Your
support means a lot. As little as $5 a month
helps keep us going and grants you access to
exclusive bonus material on our Patreon
page. Click
here to become a patron.
Feedback:
Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA
Mail: Box 20047, Dag
Hammarskjold Station NY NY 10017
Reporter's mobile (and weekends):
718-716-3540
Other, earlier Inner City Press are
listed here,
and some are available in the ProQuest
service, and now on Lexis-Nexis.
Copyright 2006-2020 Inner City
Press, Inc. To request reprint or other
permission, e-contact Editorial [at]
innercitypress.com for
|
,
