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In Nike Extortion Trial Jurors Ask If Avenatti Had To Sue Before A Settlement Agreement

By Matthew Russell Lee, Thread Song Patreon
BBC - Decrypt - LightReading - ESPN Radio

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. On February 13, things got confusing, or confused. The jury asked a number of questions, some of which Judge Paul G. Gardephe expressed frustration at. He told the jury they could leave for the day but to clarify one of its questions, about recording(s) of the March 21 meeting involving Avenatti.

  Before that the dispute concerned the jury's question about what inferences they can draw from evidence allowed in to show state of mind. Judge Gardephe insisted, over resistance from Avenatti's lawyers, that he must tell they jury they cannot draw inferences as to the truth from such state of mind exhibits. But he also declined to give the jury the examples they were requesting.

 Another question had a simple answer. Is a filing of a lawsuit request in order to reach a settlement agreement? The answer was and is No. Day's live-tweeted thread here. More on Patreon here.

  There is much prognosticating about what the questions mean, whether or not they are good for the defense. For now, here's audio of a question and answer Inner City Press did on the evening of February 12 with ESPN Louisville, here.
More on Patreon here.

The day before on February 12 the jurors 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.

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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