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Nike Extortion Trial Avenatti Lists and
Wants In Appellate Record 22 Denied
Exhibits
By Matthew
Russell Lee, Patreon Song
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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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