Avenatti in Nike case is before SDNY Judge Gardephe, he's asked to dismiss the case citing selective prosecution, etc. His lawyer now whispering with AUSA Richenthal who prosecuted Patrick Ho (and Ng Lap Seng) for UN bribery - @SDNYLIVE thread
@sdnylive@MatthewLeeICP@darrenrovell@DanWetzel@PeteThamel AUSA complains that the government has not received any reciprocal discovery from Avenatti. Courtroom gallery less than half full. Avenatti's stock is going down, it seems - as least as gauged by media interest
@sdnylive@MatthewLeeICP@darrenrovell@DanWetzel@PeteThamel Avenatti wants to know what Judge Gardephe's position is on ex parte subpoenas. Says he doesn't want to reveal his trial strategy here. Predicts "significant motions in limine practice here," and litigation about Fifth Amendment privilege
@sdnylive@MatthewLeeICP@darrenrovell@DanWetzel@PeteThamel Avenatti's lawyer Scott Srebnick says to prove that Coach Franklin had a claim against Nike that Avenatti was legitimately pursuing, he's going to subpoena people. So he wants Avenatti's trial pushed back
@sdnylive@MatthewLeeICP@darrenrovell@DanWetzel@PeteThamel Avenatti's lawyer Srebnick is asking to put things back two months to January. Adds that since AUSA Richenthal has a trial - which one? - starting January 21, maybe Avenatti's trial should be pushed even further back.
@sdnylive@MatthewLeeICP@darrenrovell@DanWetzel@PeteThamel Judge Gardephe asks Avenatti's lawyer to "tee up the subpoena issues sooner rather than later." Says, "As to the assertion of the Fifth Amendment in front of the jury, that would be a first for me, you have an uphill battle" to convince me.
@sdnylive@MatthewLeeICP@darrenrovell@DanWetzel@PeteThamel US Attorney's office calls Avenatti's arguments "speculative." Judge Gardephe is asking for Team Avenatti's letter on this in a week, the government's in two weeks. Srebnick still punching, wants to file ex parte with Gardephe with trial strategy in them.
Judge: Before the defense closing, what about the laptop of exhibits?
AUSA: We are both still working on it. There are a lot of exhibits.
Judge: Why don't we not give the laptop to the jury until Monday? Today we have the defense, the rebuttal, and my charge
Judge: So, deliberations will start Monday. I sent the parties my charge and the verdict form
[Neither is yet in the docket]
Combs' Geragos: May I confer with Mr. Agnifilo?
Judge: Of course
This charge conference was supposed to be at noon, then moved to 2 pm, not still not begun as of 2:20 pm. Sean Combs is sitting at the defense table. Next to him, his lawyer Xavier Donaldson speaks to Judge's courtroom deputy. There's talk of more delay
OK - 3:07 pm - they start up
Judge: Sorry for the delays, but there was a full on Constitutional challenge patreon.com/posts/diddy-do…
[Before jury in]
Combs' Estavao: As we submitted overnight, we think it's relevant, Cassie's sexts to Combs about what she wanted to do
AUSA Johnson: These were acts with Mr. Combs, in his office, they are simply not relevant
Judge: US objection is sustained
Judge: Here, Mr. Combs is inquiring into what Ms. Ventura was going to do, and she replied, Be your little freak.
AUSA Johnson: Ms. Ventura is asking Mr. Combs for an explicit photo of himself. So it is about her boyfriend
Judge: Here, I overrule the objection
Combs' Shapiro: Our draft verdict form is based off the Archegos case, US v. Bill Hwang, and the Ray case [Inner City Press covered both, book: amazon.com/gp/product/B09…
[Combs' proposed verdict form here: patreon.com/posts/diddy-do…
AUSA: Our longer verdict sheet is required due to the special sentencing factors [its questions including NY and California law, Judge will ultimately decide, US proposed verdict form here patreon.com/posts/diddy-do…
[Before jury in]
AUSA: Your Honor, may I place a binder of documents on the witness stand?
Judge: Yes... All rise!
[Jurors entering]
Judge: The Government may call its next witness.
AUSA: First Ms. Geragos and I will introduce some exhibits.
Combs' Geragos: All under seal except one
Judge: Admitted.
AUSA Smyser: The Government calls Brendan Paul
Judge: I don't see how we can proceed today.
AUSA: It is a more than one day thing?
Judge: Sounds like a one time thing. Mr. Agnifilo?
Combs' Agnifilo: Could we have a sealed sidebar so I can ask questions?
AUSA: Fine, sealed