| Avenatti Sought To Exclude
Evidence Of CLE Courses From Nike Trial US
Reiterates Relevance
By Matthew
Russell Lee, Patreon Song
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BBC
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SDNY COURTHOUSE,
Feb 4 – 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'.
At the end
of the February 3 trial day,
Judge Gardephe asked if the US
would be replying; he asked
that they do so overnight. And
they have, stating in part
that "In his letter, the
defendant does not engage with
the Court’s previous rulings
or comments, or explain why he
waited until now to object to
all such evidence, in any
form. Nor does the defendant
explain how, accepting that
ethical duties are relevant—as
this Court has ruled—his
knowledge of the same is not.
Instead, the defendant claims
that any evidence offered on
this point is wholly
“irrelevant” unless it
pertains expressly both to the
current California
Rules." More on Patreon
here.
The trail
resumes at 9:30 am on February
4. Judge Gardephe is expected
to rule on this, on objections
and perhaps on other issues on
February 4 and Inner City
Press will live-tweet as much
as it can. 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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