Thread by @innercitypress

OK - US v. #Avenatti Day 8, cross-examination of Coach Gary Franklin by Scott Srebnick, how he paid cash to Ayton's mother for Nike, fraudulent invoices patreon.com/posts/33814659 Inner City Press will live tweet as much as possible - thread

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Scott Srebnick: So in 2017 you were approached again by Mr. Friedman to get his son to play on your team, right?
Franklin: No
Srebnick: So explain how you lost your contract?
Franklin: Another Nike person approach me about his son and other kids playing on my team

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Franklin: We had an interest in a player named Bol Bol... I got a call from Mr. James, saying some of the players we currently had were going to leave the team. I asked parents, it didn't seem to be true. But they wanted to meet with me, put Brian Freeman's son on

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: So Stovall and James, they told you to let Brian Freedman (sp) take over your team.
Franklin: That's when Jamal James said, We don't have to ask you to do this, we can just move you out of EYBL.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: And Brian Friedman did take over the team, right?
Franklin: Yes.
Srebnick: And no offense to any of us here, but you didn't want a lawyer running your team, right?
Franklin: I did not.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: So you started recording conversations with Mr. James, Mr. DeBose and others, right?
Franklin: Yes I did.
Srebnick: And Mr. Avenatti told you to stop recording, right? To keep what you had, but stop recording?
Franklin: Correct.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: After you were squeezed out of your 17 and under team, you started to suffer damage, right?
AUSA: Objection!
Judge Gardephe, Yes, it's vague. Sustained.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: Did you have sleepless nights?
AUSA: Objection.
Judge Gardephe: I'll allow it. Did you suffer sleepless nights after you lost your 17 and under team?
Franklin: Yes I did.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: So you contacted Auerbach in February 2018, more than a year before you met with Mr. Avenatti, correct?
Franklin. Yes.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: So in the biography of himself Mr. Auerbach gave you, the first person named is Nike co-founder Phil Knight, right?
Franklin: Yes, I see that.
Srebnick: And Mr. Auerbach touted to you he had a personal relationship with Phil Knight & John Slusher?
A: Yes

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: And did Mr. Auerback tell you he brokered a film deal with the NFL for the production of Jerry McGuire?
Franklin: He did say that.
Srebnick: Starting Feb 2018 you began consulting with Mr. Auerback about resolving your problems with Nike?
Franklin: Yes

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: I'd like you to read this and see if it refreshes your recollection.
Franklin (reading aloud) "Hey Gary--"
[He is cut off. He's supposed to read to himself to see if it... refreshes his recollection. Long pause.]
Franklin: Finished.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: So does that refresh your recollection that Mr. Auerback told you he was going to speak with John Slusher?
Franklin: I guess so. It could be.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Franklin (again) I'm not sure what you mean by that.
Judge Gardephe: Had you formulated a strategy of how you wanted to deal with Nike?
Franklin: I wasn't in a rush. I was still under contract.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: In March 2018 did you want justice above all else?
Franklin: Possibly yes.
Srebnick: And about the Nike executives--
AUSA Sobelman: Objection. Those are not the witness' words. Can we have a brief sidebar.
Judge Gardephe: Alright.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Back from sidebar:
Srebnick: In March of 2018, did you want justice above all else?
Franklin (sighing) "Yes."
Srebnick: Did you hope for swift action against the Nike executives?
Franklin: Those are Jeff's words.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: Who had mistreated you?
Franklin: Carlton DeBose and Jamal James.
Srebnick: You wanted them fired and to stop further corruption?
Franklin: Further corruption from them, yes.
Srebnick: You wanted to stop harm to others?
Franklin: Yes.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: So wanted to have your recording transcript and stored in a safe place?
Franklin: Yes.
Srebnick: In Aug 2018, did Mr. Auerbach tell you to go to Nike and tell them how Mr. DeBose and Mr. James, I don't want to use the F word, but F-ed you?
Franklin: Yes

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: And Mr. Auerbach suggested you go straight to John Slusher and tell him you were about to go to the FBI?
Franklin: A lot of these are his words, but yes, I see it. (Reading the messages Srebnick has handed him).

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: October 1 of 2018, you had still not gone to Slusher, right?
Franklin: Correct.
Srebnick: You were still talking about it?
Franklin: Possibly yes.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: October 1 of 2018, Auerbach is telling you that with the press from the Adidas case, it might be a good time to call Slusher, right?
Franklin: I see it, but it doesn't refresh.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: So you wanted to reach out to another lawyer?
Franklin: What do you mean by reach out?
Srebnick: To reach out and speak about your issues. You wanted representation?
Franklin: No.
Srebnick: Look at the document in front of you.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: Auerbach told you Slusher was his friend?
Franklin: I can't recall if he said he was his friend, or just that he knew him.
Srebnick: Auerbach told you he was going to call Slusher by the end of the week?
Franklin: Can you repeat that question?

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: Strike that. Let me go back and refresh his recollection... Auerbach said he was 'hoping to do it and would drop the bomb'?
Franklin: Yes, as I see it now.
Srebnick: You understood what the bomb was, right?
Franklin: I believe so.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: What was the bomb that he would drop on Slusher?
Franklin: Just that he would call Slusher.
Srebnick: And you responded, I'm ready to go.
Franklin: Yes.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: Auerback said, These are bad people, you do your part and I'll call Slusher at the end of the week. Do you recall that?
Franklin: No.
Srebnick: Look at the document.
Franklin: Can you repeat the question?

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: Who was on the list of people who had to be held accountable?
Franklin: Jeff was sending me a lot of texts & at the end I said, "Gotcha." But I mean..
Srebnick: When you said Gotcha to Mr. Auerbach, that didn't mean you agreed?
Franklin: Not necessarily.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: Put aside the term "Got To Go List," did you have discussions about who you thought had to be held accountable at Nike?
Franklin: Possibly, yes.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: January 3 of 2019. Auerbach is telling you it is time to give Slusher and Nike an opportunity to right their wrongs?
Franklin: I can't recall that.
[Srebnick asks for admission into evidence; Judge Gardephe says No.]

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: Auerbach told you that that two of you were going to give Nike a say in how this plays out, do you recall that?
Franklin: I see it, but...
Srebnich: And you discussed how Nike didn't deserve that?

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Franklin: When you say Nike, can you be more specific?
Srebnick: Jamal James, Carlton DeBose.. You would allow Nike to right their wrong and control the message, right?
Franklin: These are Jeff's words.

[Inner City Press: So will Srebnick be re-calling Auerback?]

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: Judge, I offer FF 777.
Judge Gardephe: That is denied.
Srebnick (to Franklin) So you still had no relief from John Slusher?
Franklin: What do you mean by relief?
Srebnick: Lemme ask you, how many teams in EYBL?
Franklin: 40.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: You have met Phil Knight, right?
Franklin: Yes.
Srebnick: Did you suggest calling him to reinstate the program?
Franklin: No.
Srebnick: Why didn't you ask him to do that?
Franklin: Not sure.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: So Nike, Adidas and Under Armour complete, right?
Franklin: I suppose.
Srebnick: That why you wanted Bol Bol, to keep him away from Adidas... By Jan 8, 2019 Auerbach told you it was time to "drop the hammer," do you recall that?
Franklin: Not exactly

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: Your contract with Nike expired on September 20, 2018, correct?
Franklin: I believe so.
Srebnick: And you had trouble getting players when word got out you'd lost your Nike sponsorship, right?
Franklin: I guess.
Judge Gardephe: Time for morning recess.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Judge Gardephe (with jury and Franklin out) - It's possible could find that what Mr. Franklin and Mr. Auerback talked about for more than a year was also conveyed to Avenatti. But it may be marginal. I'll address it in jury instruction.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Scott Srebnick: Here's our narrative. Auerback was overstating his relationship with Slusher. James and DeBose blow them off. So Auerbach goes to Slusher, who just refers him to Boies Schiller. At that point, things change. "We're going to light the fuse!"

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Scott Srebnick: So Auerbach starts saying, This is a big racketing case against Nike. He send the Bowen lawsuit...
Judge Gardephe: But was it conveyed to Mr Avenatti? In any event, what about the subpoenas for the Nike witnesses? When are you going to brief that?

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews AUSA Sobelman: So that we can plan, they are asking for Carlton DeBose & Jamal James?
[AUSA Podolsky whispers to AUSA Sobelman, who says: They need to say if they are asking for Mr. Kaplan & Mr. Slusher.
Judge Gardephe (to Srebnicks): You'll decide after Franklin?

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Judge Gardephe: Alright, we'll [actually] take our break.
will resume patreon.com/posts/33814659…

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews And we're back:
Srebnick: So did you say that you wanted to inform Nike senior management of excessive corporate corruption?
Franklin: Possibly. By Carlton DeBose and Jamal James.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: And that you wanted Nike to immediately terminate the executive informed and report the wrongdoing to the FBI and the authorities? Look at the document.
Franklin: I see it.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: And Nike's Slusher referred your issues to a lawyer and Boies Schiller in New York, right?
Franklin: I don't remember the law firm.
Srebnick: Do you recall seeing this document?
Franklin: Yes.
Judge Gardephe: Did you read it?
Franklin: No.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: Then Mr. Auerback sent you a number of videos of Mr. Avenatti on television, correct?
Franklin: Jeff sent me a lot, I didn't open then all up.
Srebnick: These were CNN appearances of Mr. Avenatti, correct?
Franklin: Yes.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Judge Gardephe calls a full lunch break. Clearly this cross examination and the US' case are not ending today at 2:30. Or maybe this cross examination is not even going to end today... Thread will continue. patreon.com/posts/33814659

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Gary Franklin comes back in: white shirt, no tie, bottle of water. Back on the stand.
Srebnick: Did Mr Auerbach discuss with you the other factors that might attract Avenatti?
Franklin: I don't remember that.

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: The other factors included publicity from the case?
Judge Gardephe: Did Mr. Auerbach ever tell you Mr. Avenatti might take the case for publicity?
Franklin: No.
Srebnick: Auerbach told you, We will appeal to their sense of justice
Franklin: Jeff's words

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: Auerback told you, We will go after Nike--
Franklin: I was referring to Carlton DeBose and Jamal James, they were Nike employees
Srebnick: Let me show you what Mr. Auerbach wrote. He think he only meant DeBose and James?
Franklin: Yes

@MatthewLeeICP @sdnylive @businessinsider @KTVZ @dcexaminer @newsobserver @WashTimes @nakednews Srebnick: Do you remember Mr. Auerbach telling you that your claim was against Nike and Nike EYB, and not against DeBose and James, etc?
Franklin: Yes. But I thought, because they were employees of Nike.
Srebnick: Offering this exhibit.
Judge Gardephe: Denied