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.
4:59 pm
In the courtroom, Combs' lawyers Brian Steel and Jason Driscoll are patting each other on the back. Agnifilo is in the holding cell with Combs; his family is i the second row of the gallery.
5:04 pm
Combs' lawyers Agnifilo, Alexandra Shapiro and Teny Geragos emerge from the holding cell. Still waiting for Sean Combs to be brought into the courtroom by US Marshals
9:15 am
Sean Combs is in the courtroom, talking with his lead lawyer Agnifilo. Also in the well: Shapiro, Westmoreland, Driscoll, Steel. Prosecutors nowhere to be seen.
9:30 am
Now Sean Combs is talking with his lawyer Nicole Westmoreland, while four other of this lawyers huddle to the side. Combs stands up, asking Marshals, and is allowed to speak to his family seated in the front row. Now back into holding cell.
Judge Subramanian: Ms. Comey, can we make sure that things that have been emailed in are put in the docket?
[Better late than never: this is what Inner City Press requested in Week 1: storage.courtlistener.com/recap/gov.usco…
Judge Subramanian: I am adopting the Government's answer to the drug distribution question.
Combs' Driscoll: Can we just put something on the record, about sole possession? This definition of distribution would mislead the jury
Driscoll: But-
Judge: Hold on
OK - now in Drake v UMG [Kendrick Lamar] case, iral argument. Inner City Press has covered the case from the start and will live tweet, thread below innercitypress.com/sdny4vargasdra…
Judge Vargas: You seem to say a diss track could never be defamatory. But NY law says the form is not dispositive.
UMG lawyer: Look at the shock jock case(s)
Judge: Not the same thing. Perhaps the court needs more info [and cannot dismiss]
UMG lawyer: Drake opened the door, in the 3d person, si that when Kendrick Lamar says, Heard you like 'em you, there is no surprise
9:12 am - Judge Subramanian enters
Judge: In case there is anything, we'll bring the jury in for the charge.
Combs' Geragos: The laptop is ready, there're a few things we'll finalize during the charge.
Judge: Just email it to Chambers. (That is, not in the docket)
Judge: All rise!
[Jurors enter]
Judge: I'll read you the charge, it's long but I'll try to make it interesting. You have now heard all of the evidence in this case as well as the final arguments of the parties. I will instruct you on the law - as I give it to you
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