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.
[Before jury]
Judge: I understand the press is doing their best with the orders. What about Jane's texts?
AUSA Comey: I feel a need to personally read them before releasing them to the press. How about Saturday for Friday's exhibits?
Judge: Don't kill yourself
AUSA Comey: The reporters are not officers of the court, and they won't know what has to not be reported. That's why I want to review them myself. I don't think there is a real Constitutional issue here.
[Inner City Press disagrees: storage.courtlistener.com/recap/gov.usco…
[Before jury comes in]
Judge: What about the witness' conflicts with other romantic partners?
AUSA: The last one was with a colleague, not a girlfriend
[Note: none of this is in the docket, despite Inner City Press' filing &Judge's orders storage.courtlistener.com/recap/gov.usco…
Combs' Shapiro: This is impeachment material
Judge: These are assaults under Rule 608(b)? Is that fair?
Shapiro: It's not 608(b)... We're happy to provide the proffer ex parte, it's difficult to explain the fact
Judge: Ex parte proffer is irregular [filings too]
Judge Subramanian: Let's bring our jury back out.
All rise!
AUSA: I am going to enter a stipulation into evidence. During a search at Miami airport, law enforcement seized two cell phones from Kristina Khorram's person
AUSA: Publish that for the jury...It says 24 contacts, including "Eddy My Angel" and his phone number, and "Eddy My Angel friend Inter-Continental." There was also a photo of the IDs on the device.
Courtroom deputy: Marshals, can you bring the defendant out? Oh, I think Mr. Donaldson is in there [the holding cell] with Mr. Combs.
[Combs is brought in]
Judge Subramanian: Let's start with the compilation video. I got this letter patreon.com/posts/diddy-do…
Judge: Is Mr. Garcia competent to testify about this video, given his position in the hotel's security?
AUSA Steiner: I have not really asking him about that aspect.
Judge: We are not using the correct cell phone video, so this could get in under the rules.
[Before jury in]
Judge Subramanian: Mr. Steel, how much longer do you have on cross?
Combs' Steel: At least until lunch, maybe after.
Judge: We're not going to have 15 more Instagram posts?
Steel: I can't promise that...
Judge: Defense, on the elevator hallway video, you are objecting to showing the versions we discussed?
Defense: Yes, it shows Mr. Combs running thirty percent faster than really happened, it's prejudicial. We let AUSA Smyser know how we will cross the expert
[Before jury is brought it]
Judge: Let's address this. All the Government is saying is that the message shows Ms. Ventura's state of mind
Combs' Donaldson: That's the problem with not being able to re-call Ms. Ventura as a witness.
AUSA: All Mr. Nash will quote it, He's making me freak off on my birthday. She didn't want to go.
Combs' Alexandra Shapiro: A spouse might say, He's making me go to Rangers game, I'd rather not tonight.
Judge: You could have cross examined Ms. Ventura about this