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.
OK - now at Alien Enemies Act hearing in SDNY on continuing injunction. US has asked to decertify the class - Judge Hellerstein denies it. Inner City Press will live tweet, thread below
Judge Hellerstein: Absent these decisions, people would be removed. Justice Sotomayer has shown the preparations the Government made to remove people. That there would be irreparable harm is obvious. The jails in El Salvador are not appetizing to say the least
Judge Hellerstein: Senator Hollen went and made findings about the conditions... The Supreme Court freezing things will allow the courts to consider these things without danger
DOJ lawyer: The Government disagrees. Aliens are removed all the time
[Sean Combs is brought in by US Marshals - he hugs lawyer, blows kisses at the gallery. Proceeding has still not begun as of 11:17 - thread will continue below
All rise!
Judge Subramanian: I'm going to go through the items, then both sides will have an opportunity to react. I'm previewing for you I'll want to hear about the motion to exclude the two experts.
AUSA: Two victims were 2003, the charge runs from 2004
OK - now after Charlie Javice found guilty she is arguing to NOT have GPS location monitor put on pending her sentencing - Inner CIty Press wrote the book Fintech Fraudster and will live tweet, thread belowamazon.com/Fintech-Frauds…
All rise!
Judge Hellerstein: I've read the papers.
Javice's lawyer Sullivan: Yes she is a dual citizen but there's no chance she'll flee to France. They have taken her passport. Let me hand you an exhibit about pilates.
Judge: I've had defendants jump bail in the middle of trial. I can't rule out the possibility of flight here. She's never been in this spot before.
Javice's lawyer: She'll be here in August [for sentencing]
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