After
Nike Guilty Verdict Avenatti Gets Free
Lawyer in Stormy Case But No Move West
By Matthew
Russell Lee, Patreon
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SDNY COURTHOUSE,
Aug 7 – When after three days
of jury selection the trial of
Michael Avenatti for allegedly
extorting Nike began on
January 29, Assistant US
Attorney Robert Sobelman told
the selected jurors that
Avenatti was supposed to look
out for the interests of his
client, but he did not - he
had a weapon, social
media. More on 1st day
on Patreon here.
On August 7
in the Stormy Daniels case,
Avenatti had motions heard by
U.S. District Court for the
Southern District of New York
Judge Jesse M. Furman. Inner
City Press live tweeted it:
Judge Furman, who
says Avenatti is prohibited
from using any video
conference application, begins
with Avenatti's motion to move
this case to California. Judge
Batts (RIP) rejected it, and
so does Judge Furman. The case
is staying in New York.
Judge Furman: Mr.
Avenatti has only been
released temporarily; when the
public hearing emergency is
over, he will be with Bureau
of Prison - "no expenses for
lodging." He is applying for
counsel, so he can't cite
disruption of business.
Judge
Furman: Mr. Avenatti, are you
on?
"Michael
Avenatti, yes Your Honor, I'm
on."
Clerk or deputy
says an 11th person has signed
on, but it not listed. We'll
see. Judge Furman: There are
more reasons to keep the case
in SDNY now then when Judge
Batts ruled.
Judge
Furman turns to Thomas
Warren's motion to withdraw as
counsel - it's granted,
conflict and Avenatti is no
longer paying fees. And, trial
no time soon given COVID.
Should Federal Defenders be
appointed?
Judge Furman: He
has an ownership interest in
certain assets that may be
worth something in the future,
like contingent interests in
lawsuits. Judge Furman: This
seems like the wrong case to
use as an experiment to social
distancing. It was supposed to
be in October. But that may
not be realistic
AUSA: Mr.
Avenatti's California trial is
scheduled to begin on December
8. We would like to schedule a
date here in SDNY - even if in
2021 - to be on the list and
in line. Warren: The Central
District of California has
said no criminal trials in the
foreseeable future.
Judge Furman: I'm
going to adjourn trial without
a date, just have a conference
in October. Nothing more in
realistic. I'm not in the
practice of setting fantasy
dates. Let's convene on
October 13, at 10 am, with
[Federal Defender Baum]
hopefully in my courtroom. We
have done what we needed to
do. We are adjourned.
Baum will
be making a filing, and Inner
City Press will have more on
this.
On July 15
Avenatti asked to move his
Nike sentencing from August 19
into October.
On July 22,
Judge Gardephe granted the
request: "ORDER as to Michael
Avenatti: It is hereby ORDERED
that the sentencing of
Defendant, currently scheduled
for August 19, 2020, will now
take place on October 7, 2020
at 2:30 p.m. Any submissions
on behalf of Defendant are due
on September 16, 2020, and any
submission by the Government
is due on September 23, 2020.
(Sentencing set for 10/7/2020
at 02:30 PM before Judge Paul
G. Gardephe) (Signed by Judge
Paul G. Gardephe on
7/21/2020)."
Back on
February 4, after a day of
cross examination and
re-direct of Gary Franklin's
adviser Jeffrey Auerbach, AUSA
Sobelman after the jury left
complained to Judge Paul G.
Gardephe, "The defendant is
extremely loud," referring to
his remonstrating on which
Inner City Press reported
yesterday.
Judge
Gardephe said, I haven't heard
anything. But this is an issue
that came up before. I will
ask Mr. Avenatti's lawyers to
speak to him. I'll have to pay
more attention to the defense
table. We can't have the jury
hearing exchanges between Mr.
Avenatti and his attorney.
I'll have to intervene."
And then Avenatti
spoke up for
himself: "I'll be
conscious of my voice. I have
a lot at stake, everyone knows
that." Inner City Press tweet
of that here;
day's thread here.
Inner City Press will continue
to cover the trial, as much as
possible. Today's afternoon
radio here.
More of Patreon here.
On
February 3, Gary Franklin's
pro bono consultant Jeffrey
Auerbach took the stand. Inner
City Press was in the
courtroom's second row when
Assistant US Attorney Robert
Sobelman walked Auerbach
through testimony about
Avenatti saying he was headed
to New York on a red-eye to
get $1 million for Gary
Franklin.
As
Auerbach gave his opinion,
Avenatti vigorously shook his
head, with hair on the sides
above the ears. He took notes
that apparently went into the
cross examination, to which
Sobelman repeatedly objected.
Finally Judge Gardephe said,
You are objecting to a
document you the prosecutors
put into the record. Again the
payments to Deandre Ayton,
mother and handler Melvin
McDonalnd, to Bol Bol and to
Shaun Manning Brandon McCoy
came up. People wanted to know
more but there are limits.
More on Patreon
here.
On January
31 Inner City Press published
the March 25, 2019 draft
settlement agreements, with
dollar figure left blank, here
on Scribed
and on Patreon for
download here,
as well as the more than one
hour video of Avenatti's and
Mark Geragos' meeting with
Nike's outside counsel, Scott
Wilson of Boies Schiller, here.
Inner City
Press has also published three
audio records of Wilson's
conversations on March 20,
2019 with Geragos, and
Avenatti, saying "I'm not
f*cking around." Audio I,
II
and III.
More including transcripts on
Patreon here.
We will
have more on this, here and on
Patreon.
Inner City Press live-tweeted
the start of the proceedings,
here,
and since and will have more.
More
on Patreon here. The
case is US v. Avenatti,
19-cr-373 (Gardephe).
***
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