Thread by @innercitypress

OK - US v. #Avenatti #Nike extortion trial, Day 7 - Judge Gardephe showing increasing frustration with both side, as Coach Gary Franklin is in the bullpen patreon.com/posts/33792822 Inner City Press will live tweet as much as it can: thread

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Judge Gardephe: The examination on the point won't begin with offering the out of court statement. The defense needs to proffer the particular exhibit to me. But to send me a letter without bothering to identify the text messages, it's not helpful.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Judge Gardephe: So, if you want to do more examination of Auerbach, you can re-call him in the defense case. If he doesn't admit them, you can show him the text messages. If he continues to deny, you can offer them into evidence. Anything more?

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Avenatti lawyer Ms. Perry: If we could take a short break after the direct... I'll need to speak with Mr. Avenatti.
Judge Gardephe: You can speak with him now.
[While she does] Scott Srebnick asks, May I address the Court?
Yes.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Scott Srebnick: In showing these text message, we'll need to show the emojis and such.
Judge Gardephe: There may be times that the words alone will not be adequate to convey what was communicated, like the text message with ten exclamation points in it.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Judge Gardephe: Ladies and gentlemen, I'm sorry we're having technical difficulties, we're going to have to take a short break.
[Inner City Press note that right now, 6 flights up, Marty Blazer an SDNY cooperator in the #Adidas prosecutions, is to be sentenced]

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Back in US v. Avenatti, defense lawyer Howard Srebnick is cross examining Boies Schiller's Holmes about his notes.
H. Srebnick: So these notes are your best recollection?
Holmes: Yes, my best memory.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver H. Srebnick: Without using any names, you knew that Mr. Geragos had approached Nike about a high profile football player?
Holmes: Yes, I was aware of that.

[Inner City Press notes: Colin Kaepernick, the name that cannot be said in this trial.]

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Srebnick: Do you recall Mr. Avenatti invoking Rule 408?
AUSA: Objection to "invoking."
Judge Gardephe: Use a simpler word.
Srebnick: Did he say Rule 408?
Holmes: He made a request about it.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Howard Srebnick: Your notes from 11 months ago says, "Nike is not buying the testimony of Gary Franklin," quoting Mr. Avenatti, correct? And "Whatever the investigation costs, it costs"?
Holmes: Correct.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Srebnick: Do you recall, as is in your notes, Mr. Avenatti saying Gary Franklin was told to make payments to the family of Ayton, and to Bol Bol, and to structure the payments?
Holmes: Sitting here today I don't remember all of that. But some of it.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Srebnick: Did Wilson deny the truth of any of it?
Holmes: I don't recall if Scott refuted the claims.
Srebnick: Did you refute the claims, in the meeting?
Holmes: I didn't speak.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Srebnick ends his cross. AUSA Richenthal on re-direct: "Speaking of expletives, what did Mr. Avenatti say about kids?"
Holmes: He said, "I don't give a sh*t about the kids."
AUSA Richenthal: Let's look at your notes. Is "Most Favored Nation" in quotation marks?

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Holmes: Yes.
AUSA Richenthal: Look at page 3, second paragraph. Does that refresh your recollection on what Mr. Avenatti said about whether the identify client would matter?
Holmes: He did the client's identity wouldn't matter.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver AUSA Richenthal: What did Mr. Avenatti say would happen if the information was public?
Holmes: That is would take down Nike's stock price.
AUSA Richenthal: And what did he ask for himself?
Holmes: To be hire with Mr. Geragos.
AUSA Richenthal: No further questions.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Re-cross:
Howard Srebnick: You don't remember Mr. Avenatti saying it was a settlement negotiation?
Holmes: I don't remember that.
Srebnick: Look at your notes!
Judge Gardephe: No need to raise your voice!
[Without irony]

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver And now Judge Gardephe calls the lunch break. All rise as the jury files out, and Holmes leaves the courtroom. Stories soon patreon.com/posts/33792822

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver And we're back. Taking the stand:
Franklin: "Gary Franklin."
AUSA Sobelman: What college did you attend?
Franklin: LA Valley Community College.
AUSA: Did you graduate?
Franklin: I did not.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver AUSA: What did you do for work?
Franklin: Pest control. I serviced homes. Rodents.
AUSA: Any sports?
Franklin: Basketball, pro-am. Tour teams as an amateur.
AUSA: Were you paid to play?
Franklin: No.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver AUSA: Where is Cal Supreme based?
Franklin: LA.
AUSA: What's your role?
Franklin: Founder, and I coach.
AUSA: When did you start it?
Franklin: In 2005 or 2006.
AUSA: What age players?
Franklin: Middle school to high school, 11 to 18.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver AUSA: Why'd you start it?
Franklin: Mostly because of my son.
AUSA: How many teams?
Franklin: One.
AUSA: And in 2017?
Franklin: Nine teams... 9 to 12 players on each team.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver AUSA: Which have you coached?
Franklin: Our premier team, under 17.
AUSA: After Cal Supreme, where do your players go?
Franklin: Division 1, full scholarship. NBA or overseas.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver AUSA: Do you get paid by Cal Supreme?
Franklin: It's a non profit. So whatever is left over, I usually take.
AUSA: How much?
Franklin: About $30,000 or $35,000 a year.
AUSA: Where does it get money.
Franklin: The parents. And Nike.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver AUSA: This contract between Nike and Cal Supreme, who signed it for Nike?
Franklin: Jamal James.
AUSA: Who is he?
Franklin: He's in charge of grassroots basketball for Nike.
AUSA: What does grassroots mean?
Franklin: For Nike, basketball starts in middle school

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver AUSA: Did Nike continue after September 2018?
Franklin: No.
AUSA: Did you want another contract?
Franklin: Yes.
AUSA: After losing Nike sponsorship, was Cal Supreme out of EYBL?
Franklin: Yes, we were out.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver AUSA Sobelman: Did you believe that the defendant represented you?
Franklin: I wasn't sure.
AUSA: Who ended the meeting?
Franklin: Mr. Avenatti did.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver AUSA Sobelman: After learning the defendant was arrested, did you make any attempt to contact him?
Franklin: No. But he sent me a text.
AUSA: Did you call him back?
Franklin: No. I didn't want to speak to him. He had betrayed my trust.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver AUSA Sobelman: If the defendant had used your information to hold a press conference, would have have mattered to you?
Objection.
Judge Gardephe: Sustained.
AUSA Sobelman: May we have a sidebar?
Judge Gardephe: Alright

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver AUSA Sobelman: Did there come a time when you described your conversations with the defendant to law enforcement?
Franklin: Yes.
AUSA Sobelman: No further questions. But can we have another short sidebar?
Judge Gardephe: OK

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver And now... the cross examination of Gary Franklin, by Avenatti's lawyer Scott Srebnick:
Srebnick: So you had two meetings with Mr. Avenatti, correct.
Franklin: Correct.
Scott Srebnick: And you knew he was going to meet with outside lawyers, correct?
Franklin: Yes

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Srebnick: And you knew that Mr. Auerbach met, before that, with Nike's Mr. Slusher, correct?
Franklin: Yes.
Srebnick: And you're seen the memo to the file about the meeting?
Franklin: I'm not sure.
Srebnick: Let's call up the exhibit.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Srebnick: This February 6 meeting of Mr Auerbach & Mr. Slusher, you had been planning for it for almost a year, right?
Franklin: I'm not sure.
Srebnick: Mr. Auerbach had been telling you for a year he knew Mr. Slusher & would contact him.
Franklin: Not for a year.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Srebnick: And you were in possession of this memo, right?
Franklin: Can you repeat that?
Judge Gardephe: Did you have a copy?
Franklin: I can't remember.
Srebnick: So Mr. Auerback had given Mr. Slusher your name, before Mr. Avenatti did.
AUSA Sobelman: Objection

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Srebnick: Mr. Auerbach raised your name to Mr. Slusher, right?
Franklin: I believe so.
Srebnick: You knew that by Feb 6, Mr. Auerbach had already reported your concerns to Mr. Slusher
AUSA Sobelman: Outside the scope.
Judge Gardephe: No it's not

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Srebnick: You knew that the meeting Mr. Avenatti was having on March 19 was with Boies Schiller, right?
Franklin: I don't know.
Srebnick: You knew it would be with the law firm Mr. Slusher had referred Mr. Auerbach to, correct?
Franklin: No, I didn't know.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Srebnick: Are you saying at no time did you want to expose Nike?
Franklin: Can you repeat that question?.. I wanted to expose Carlton DeBose and Jamal James.
Srebnick: They work for Nike. You wanted them publicly exposed?
Franklin. No. Exposed to their superiors.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Judge Gardephe: We're going to leave it there for today. Ladies and gentlemen, have a pleasant evening. And you may step down, Mr. Franklin.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Judge Gardephe (to AUSAs) Do you have witnesses beyond Mr. Franklin?
(AUSA Richenthal points that Franklin is still in the room).
Judge Gardephe: I don't see how this implicates Mr. Franklin. Will you just answer the question?

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver AUSA Pololsky: We have a chart, we've tried to leave argument out of it. It brings together phone records, financial records...
Judge Gardephe: This looks more like a demonstrative for closing arguments.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Judge Gardephe: This case involves a very short period of time. I think the jury understands quite well what happened on March 18, and March 19. I'll take a look at your proposed chart, but..
AUSA Podolsky: This is not to rehash the same meetings at all.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Judge Gardephe: Does the defense think it will finish with the cross examination of Mr. Franklin by 2:30 pm?
Scott Srebnick. I was hopeful. But now, given the pace, I am not.
Judge Gardephe: I am not surprised by your answer. I'll tell the jury 4:30 pm

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @WashTimes @newsobserver Scott Srebnick: The Auerbach memo to file was produced to us by Franklin - he had the document.
Judge Gardephe: I'm not sure he'll understand the distinction of its being Franklin Bates-stamped. But I'll allow it. [Adjourned - stories soon patreon.com/posts/33792822