Federal Judge Rules Against Michael Avenatti's Attempt To Limit His Testimony in Extortion Trial
A judge dealt a blow to California attorney Michael Avenatti’s attempt to limit his testimony if he testifies at his New York extortion trial.
U.S. District Judge Paul G. Gardephe said Monday that allegations of lies and deceit involving past clients are “highly relevant” although specific charges in other cases are not.
Gardephe’s ruling came just before prosecutors were expected to conclude presenting evidence in the case in which the government alleges Avenatti tried to extort up to $25 million from Nike with threats to muddy its name with allegations of corruption.
Attorney Scott Srebnick said Friday that whether Avenatti testifies would depend in part on the judge’s willingness to exclude questions about allegations that Avenatti cheated porn star Stormy Daniels out of book proceeds or clients in Los Angeles out of millions of dollars.
Gardephe said he would exclude from allowable testimony any references to criminal charges pending against Avenatti in the case involving Daniels, which is set for trial in New York in April, or the fraud charges in Los Angeles federal court that are scheduled for a May trial.
But he said “prior incidences of lies and deceit is highly relevant” and prosecutors would be able to elicit a description of alleged fraudulent behavior against former clients.
The judge also ruled in favor of prosecutors on two other major subjects the defense had argued to exclude if Avenatti testified.
Gardephe said he would let prosecutors question Avenatti about his finances, except for references to spousal and child support.
The judge also said he would let the government introduce evidence of Avenatti’s internet searches surrounding Nike stock that suggest he was seeking to “further his own personal financial interests” as soon as he received confidential information against Nike from his client.
The client, an amateur basketball coach from Los Angeles, testified last week that two Nike executives forced him to make financial payments to the mother of an elite high school basketball player and to engage in other questionable behavior.
The judge also rejected a request by the defense to call as witnesses several Nike employees or lawyers and an attorney who works with Mark Geragos, a lawyer who participated with Avenatti in some discussions with Nike prior to Avenatti’s March 2019 arrest.
Avenatti, 48, has pleaded not guilty to charges in all three criminal cases.
Some people ask me “With what you are facing, why don’t you lay low and stop tweeting and giving your opinion about Trump?” The answer is easy – I’m not going to start acting guilty or stop speaking truth to power. Ever. Because it’s not in my DNA and I’m not guilty.
— Michael Avenatti (@MichaelAvenatti) January 9, 2020
And if I’m ever going down (and I’m not), I’m going down swinging. It is all I know and it is how I am built.
— Michael Avenatti (@MichaelAvenatti) January 9, 2020
An outspoken critic of President Donald Trump, Avenatti was a regular guest on cable television programs who talked about a possible White House run in 2020.
Instead of appearing on the campaign trail, however, he has been housed for weeks at the Metropolitan Correctional Center in Manhattan after Los Angeles prosecutors alleged he violated his bail conditions.
The Western Journal has reviewed this Associated Press story and may have altered it prior to publication to ensure that it meets our editorial standards.
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