| After
Nike Avenatti Sentencing Pushed To August
He Opposes Search of Privileged Comms
By Matthew
Russell Lee, Patreon
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SDNY COURTHOUSE,
June 10 – 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 May 18,
after conviction and release
amid Coronavirus, this:
"CONSENT LETTER MOTION
addressed to Judge Paul G.
Gardephe from Scott Srebnick
and Danya Perry dated May 18,
2020 re: Adjournment of
Sentencing Date (seeking
adjournment until early-mid
August 2020). Document filed
by Michael Avenatti.
(Srebnick, Scott)." And this,
Inner City Press interview
with ESPN Louisville about the
failure to hold Nike to
account, here.
On June 7,
the Justice Department used
Microsoft Word meta-data to
argue Avenatti has
impermissibly used the
computer of his custodian to
access the internet, including
about SDNY: "On May 28, 2020,
defendant filed a Supplement
to Status Report. (CR 165.)
Defendant’s Supplement
attached another news article
from the internet and an
expert report that had been
electronically filed in the
Southern District of New York.
(CR 165.) The metadata for the
Adobe PDF file that was
submitted through the Court’s
CM/ECF system (CR 165) shows
that the “Author” of the
document was defendant’s
third-party custodian, “JAY
MANHEIMER,” and that the
document was created using
Microsoft Word and a Mac
computer."
Now on
June 10, Avenatti's lawyer has
asked for clarification /
amendment of a court order for
the searching of the Manheimer
computer, to exclude
attorney-client privileged
information. We'll have more
on this.
Back on
February 4, after a day of
cross examination and
re-direct of Gary Franklin's
adviser Jeffrey Auerbach, AUSA
Sobelman after the jury left
complained to Judge Paul G.
Gardephe, "The defendant is
extremely loud," referring to
his remonstrating on which
Inner City Press reported
yesterday.
Judge
Gardephe said, I haven't heard
anything. But this is an issue
that came up before. I will
ask Mr. Avenatti's lawyers to
speak to him. I'll have to pay
more attention to the defense
table. We can't have the jury
hearing exchanges between Mr.
Avenatti and his attorney.
I'll have to intervene."
And then Avenatti
spoke up for
himself: "I'll be
conscious of my voice. I have
a lot at stake, everyone knows
that." Inner City Press tweet
of that here;
day's thread here.
Inner City Press will continue
to cover the trial, as much as
possible. Today's afternoon
radio here.
More of Patreon here.
On
February 3, Gary Franklin's
pro bono consultant Jeffrey
Auerbach took the stand. Inner
City Press was in the
courtroom's second row when
Assistant US Attorney Robert
Sobelman walked Auerbach
through testimony about
Avenatti saying he was headed
to New York on a red-eye to
get $1 million for Gary
Franklin.
As
Auerbach gave his opinion,
Avenatti vigorously shook his
head, with hair on the sides
above the ears. He took notes
that apparently went into the
cross examination, to which
Sobelman repeatedly objected.
Finally 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
McDonalnd, 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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