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Avenatti Seeks To Exclude Evidence Of 20-Year Old Bar Exam and CLE Compliance in Nike Trial

By Matthew Russell Lee, Patreon Thread
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SDNY COURTHOUSE, Feb 3 –  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.

  Near midnight on February 2-3, Avenatti's lawyer Scott Srebnick filed a letter with Judge Paul G. Gardephe opposing the US Attorney's attempt to introduce evidence about Avenatti's "twenty year old Bar exam" and compliance with Continuing Legal Education rules, noting that these have changed over time and that California's differ from other states'. The trail resumes at 9:30 am on February 3. Watch this site.

  In cross examination on January 31, Avenatti's lawyer Howard Srebnick asked Scott Wilson who was a lawyer representing Nike with Boies Schiller in March 2019 about documents showing Nike's Carlton DeBose arranging for Gary Franklin to fly to Phoenix, where he paid basketball prospect Deandre Ayton's mother $10,000 in case.

 Wilson claimed that he hadn't realized the flight Nike paid for was to Phoenix, Ayton's home, because its acronym PHX is so similar to that of Nike's headquarters in Portland, PDX. To some it seemed evasive, as did Wilson's repeated claim that as Nike's lawyer he could not provide information.

  Also cited were payments to player Brandon McCoy's "handler" Shaun Manning, and Avenatti's settlement offer to then jury verdict against Kimberly-Clark (the latter, AUSA Podolsky objected to, and Judge Gardephe sustained it).

    Podolsky also objected, and Judge Gardephe also sustained the objection, when Howard Srebnick asked Wilson about being "wired up." Wilson explained his dangling of money in front of Geragos and Avenatti as an attempt not to "spook Avenatti," so he could be cajoled to make demands while being recorded. It didn't take much.  Day III live tweeted thread here.

   At day's end Judge Gardephe set a letter briefing schedule on which we'll have more, and see Patreon here; he also answered Howard Srebnick that as a Green Bay Packer fan, he has to root for the Chiefs in Sunday's Super Bowl, given what happened (to Green Bay) in San Francisco. So, on the evening of February 2 and perhaps into February 3, he must be happy. Watch this site.

  Again why were the Adidas official and coaches prosecuted and jailed, and nothing from the US Attorney on Ayton, McCoy and Bol Bol? Watch this site.

There's been discussion of subpoenas from the SEC, but as captioned "In Re Athletic Apparel" companies. Inner City Press live-tweeted the proceedings, here, and will have more. More on Patreon here. The case is US v. Avenatti, 19-cr-373 (Gardephe).


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