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.
Jury entering!
Judge: You have asked what is a reasonable person... It is a concept...
[He cites Hwascar Hernandez, the decedent] If you have further questions, please put them in writing.
[Jury exits]
Thread will continue as developments, below
US v Kay Flock update:
The jury sent the judge another note.
Judge: They want a transcript of my definition of "reasonable person." I'll see it to them. See you for the next note.
Thread will continue as developments, below
OK - now jury deliberates in US v Perez / Kay Flock, in courtroom gallery 30-some supporters, 8 law enforcement, & Inner City Press, covering the case and will tweet below any jury notes, and verdict, intermitent thread below matthewrussellleeicp.substack.com/p/extra-in-bro…
Update 1: at 11:56 am, the first jury note is read out by the Judge: The foreperson will be Juror 1.
That's all.
Judge: See you for the next note.
Unclear when.
Thread will continue for developments
Update 2: as of 2:05 pm, only law enforcement in the courtroom, people in the hall. The word is "nothing," as in, nothing coming out from the jury room.
Again, this thread will continue for developments
OK here's from prosecutors' closing argument:
AUSA: As Vance Brockington told you, Sev Side is a gang... The fact that the defendant is an artist does not absolve him - the defendant can't hide behind his music.
[Multiple songs played]
AUSA holds up guns, shows them to jury; white plastic on one signifies it is not operative
AUSA: This gun killed Hwascar Hernandez... Xavier Rosado, a rival gang member, gives you context -
as does Vance Brockington. He was shot in front of 4646 Park Avenue
OK - now in US v. Perez / Kay Flock trial Day 5, witness is an agent, crossed about video of sidewalk outside park and barbershop. Inner City Press is covering the case and
will live tweet, thread belowpatreon.com/posts/extra-co…
Defense: Mr. Hernandez,was he a member of a gang?
AUSA: Objection!
Judge: Sustained.
Defense: Do you have a view of why Mr Hernandez came out of the barbershop?
AUSA: Objection, lack of foundation.
Judge: Sustained
[Video show, outside barbershop]
Figure in slippers and white socks- Hwascar Hernandez gets shot.
Defense: Did he do something before?
Witness: He appeared to touch his zipper.
OK - now rare Saturday hearing in J.G.G. v. TRUMP in which DDC Chief Judge Boasberg has already issued a temporary restraining order against deporting Tren de Aragua members to Venezuela under the Alien Enemies Act. Inner City Press will live tweet, thread below
Chief Judge Boasberg: This morning when I issued by ruling I was not aware of the President's Proclamation. I understood that planes were to be departing -
AUSA: The five named plaintiffs will not be removed.
CJ Boasberg: Are they on planes to El Salvador?
No, is the answer.
Chief Judge Boasberg: Since you have appealed my ruling, I do not have jurisdiction to re-argue it here. So we will discuss class certification. Government?
AUSA: We opposed class certification, on grounds of venue and authority