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In Nike Extortion Trial Avenatti Lists and Wants In Appellate Record 22 Denied Exhibits

By Matthew Russell Lee, Patreon Song Thread
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SDNY COURTHOUSE, Feb 10 –  Back 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 early February 10 - at 1:51 am - Avenatti's lawyer Scott Srebnick wrote to Judge Paul G. Gardephe with a list of 22 exhibits he had denied the admissibility of, in order to build Avenatti's appellate record: "Dear Judge Gardephe: We have compiled a set of defense exhibits that we sought to offer during the crossexamination of Gary Franklin, but which the Court denied. Those exhibits are as follows: Defense Exhibit Date of Text/Email Transcript Page FF 611 March 26, 2018 1639-1641 FF 613 March 27, 2018 1641-1649 FF-623 May 20-25, 2018 1649-1651 FF-633 Aug. 30, 2018 1653 FF-638 Oct. 1, 2018 1654-1655 FF-647 Oct. 9, 2018 1657-1659 FF-713 Nov. 1, 2018 1659 FF-741 Dec. 12, 2018 1660-1661 FF-777 Jan. 3, 2019 1663-1664 GG-2 Jan. 8, 2019 1680-1686  MM-04 Jan. 8, 2019 1689-1691 BBB Jan. 31, 2019 1694-1700 FF-886 Feb. 1, 2019 1702-1704 EEE Feb. 11, 2019 1715-1716 GG-25778 Feb. 11, 2019 1717-1719 FF-915 Feb. 11, 2019 1721 MM-05 Feb. 13, 2019 1723-1725 FF-926 Feb. 20, 2019 1747-1748 FF-02 Mar. 1, 2019 1736-1737 FF-962 Mar. 1, 2019 1737-1738 FF-07 Mar. 1, 2019 1737 MM-03 Mar. 18, 2019 1764-1770

We have redacted the texts and emails to leave only those particular messages about which Coach Franklin was questioned. We recognize that the Court denied the admission of the messages during cross-examination of Coach Franklin based on the reasoning that the Court has articulated on the record several times, even before Coach Franklin testified. (See, e.g., Tr. 1386-1392). The Court has noted several times that the defense had not provided legal authority for the admission of the actual written text messages and emails between Coach Franklin and Jeffrey Auerbach where such messages/e-mails would be cumulative of their oral recollection of what they communicated with each other. We write to respectfully ask that the Court consider Fed.R.Evid. 1002 – the “best evidence rule” -- as authority for admitting these relevant, non-hearsay text messages in the defense case. “The elementary wisdom of the best evidence rule rests on the fact that the document is a more reliable, complete and accurate source of information as to its contents and meaning than anyone's description....” Gordon v. United States, 344 U.S. 414, 421, 73 S.Ct. 369, 374, 97 L.Ed. 447 (1953). ...

Because the government has advised that it objects under the Amended Protective Order for the defense to attach the particular text messages to this letter, we propose to provide particular messages (as appropriately redacted) to the Court on Monday morning for filing under seal, if appropriate. We know of no other practical way to make the redacted exhibits part of the appellate record." Watch this site. 

 On February 5 the Nike lawyer who attended the meeting in New York with Avenatti and Mark Geragos was on the stand. Under cross examination by E. Danya Perry he admitted knowing that invoices were bogus, to Shaun Manning to move players to Peach Jam. Day's live tweeted thread here.

  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 McDonald, 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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