| In Nike Extortion Trial Jury
Asked For Franklin Texts Avenatti To Confer
Thursday Morning
By Matthew
Russell Lee, Thread
Song
Patreon
BBC
- Decrypt
- LightRead - Honduras
-
Source
SDNY COURTHOUSE,
Feb 13 – In the countdown 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
12, after the reading of a
slightly tweeked jury charge,
the jury got the case to
deliberate. They emerged in
late afternoon to request to
hear one of the Avenatti phone
calls (Inner City Press has
put them on Soundcloud here
and here
and a song here),
and requesting text messages
between Gary Franklin and
Jeffrey Auerbach.
Late on
the evening of February 12,
this: "Dear Judge Gardephe:
The Government respectfully
submits this letter on behalf
of both parties to jointly
suggest that the Court
instruct the jury that the
following exhibits containing
text messages were offered for
the purposes listed below.
Exhibit Purpose GX 103A
Defendant’s state of mind GX
103B Defendant’s state of mind
GX 103C Defendant’s state of
mind GX 103D For any purpose
the jury finds appropriate,
including for the truth of any
factual assertions GX 103F
Defendant’s state of mind GX
103G Defendant’s state of mind
GX 132 Defendant’s knowledge
GX 133 Defendant’s knowledge
GX 201 Defendant’s state of
mind GX 206 Background GX 308
Defendant’s state of mind GX
310 Auerbach’s state of mind
GX 310R Auerbach’s and/or
Defendant’s state of mind GX
312 Defendant’s state of mind
GX 319 Auerbach’s and/or
Defendant’s state of mind GX
321 Auerbach’s and/or
Defendant’s state of mind DX
D-1 Defendant’s state of mind
DX D-3 Defendant’s state of
mind DX D-4 Defendant’s state
of mind The Silvio J. Mollo
Building One Saint Andrew’s
Plaza New York, New York 10007
U.S. Department of Justice
United States Attorney
Southern District of New York
Case 1:19-cr-00373-PGG
Document 263 Filed 02/12/20
Page 1 of 2 Honorable Paul G.
Gardephe United States
District Judge February 12,
2020 Page 2 In addition, the
parties jointly request that
the Court provide an
additional instruction
regarding all text messages
that were offered for state of
mind during the trial. The
Government proposes the
following instruction, which
defense counsel intends to
review with their client prior
to the resumption of
deliberations tomorrow
morning: Let me note that the
text messages that were
admitted into evidence for you
to consider in evaluating the
state of mind of one or more
individuals does not mean that
the parties necessarily agree
as to what the state of mind
was, or what inference, if
any, you should draw from that
state of mind."
So this
issue will continue on
February 13, when it is said
one of the jurors has an
outside appointment at 2:30
pm. So when might a decision
come? Watch this site. More on
Patreon here.
On
February 11, over hours, the
closing arguments were held.
Inner City Press live-tweeted
them, in 96 installments, here.
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
|
,
