Posted on 01/03/2020 8:01:42 PM PST by Impala64ssa
Michael Avenatti does not want U.S. prosecutors to present evidence at his criminal trial this month that his alleged financial straits, including an inability to pay child support, gave the celebrity lawyer a motive to extort Nike Inc.
In a filing on Friday, lawyers for Avenatti said it would be "so prejudicial to Mr. Avenatti as to deprive him of a fair trial" for prosecutors to suggest he was more than $15 million in debt, a claim Avenatti "vehemently disputes," when he allegedly tried to extort up to $25 million from Nike. Avenatti became famous representing porn star Stormy Daniels and being a self-described "high-profile nemesis" of President Donald Trump. He has pleaded not guilty to illegally demanding millions of dollars from Nike last March in exchange for not publicizing allegations it made improper payments to top college basketball recruits, and for being hired to conduct an internal probe of Nike.
Avenatti was then representing Gary Franklin, a youth basketball coach who he said had information about improper payments. Nike has denied wrongdoing. The Beaverton, Oregon-based company on Thursday asked that Avenatti not be allowed to have five of its sports marketing officials testify at trial, calling their testimony irrelevant to the extortion claim. A trial is scheduled for Jan. 21 and could last three weeks. In Friday's filing, Avenatti's lawyers said it "logically makes no difference" why he hoped for payment by Nike, "whether to pay off debts, travel the world, or save up for a rainy day." They also said evidence Avenatti was behind on child and spousal support, a claim he denied, was inadmissible, especially given the lack of agreement over whether he was behind at all. "The prejudice, confusion, and undue waste of time associated with such a circus would be significant,"
(Excerpt) Read more at mobile.reuters.com ...
Hmmmm, Nike have anything to say about this Avenatti or should we just take pity on you and let you get back to banging former porn stars and telling lies about Trump?
Motive...
I only hope both sides suffer bigly and both lose.
Porn lawyer is getting his just deserts. He just couldn’t figure that as a con man, he really sucks!
Avenaughty has encountered Stormy weather.
It’s called proving your M O T I V E.
yes, this
I wish both sides would lose.
The reality is though Avenatti is now trying to argue motive isn’t precedent for a crime.
That’s not going to persuade the court to thrown out the prosecution’s case.
My advice? Strike a plea deal. Spending a long stint in the federal pokey isn’t worth the cost of losing at trial.
His lawyers if he has any are going to tell him to settle. The chance of being acquitted are slim to none and I wouldn’t bet the farm on slim.
“It goes to motive, Your Honor.”
Citing an alleged extortion of comedian Bill Cosby in the late 1990s, U.S. District Judge Paul Gardephe in Manhattan said prosecutors could try to prove that Avenatti engaged in wrongful conduct by threatening Nike with economic and reputational harm unless it paid him millions of dollars.
Gardephe also called it premature to dismiss as vague the two counts, alleging extortion and transmitting interstate communications with intent to extort.
Avenatti is also charged with honest services wire fraud against his client, youth basketball coach Gary Franklin, by concealing how Nike had offered to settle so long as it did not have to hire and pay Avenatti to probe the alleged payments.
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Looks like CPL drew a Dubya district judge, Paul Gardephe [SDNY].
Too bad, so sad.
He’s gotta beat this charge - he’s the best Presidential candidate the Dems have!
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