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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).


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