With Closing Arguments Slated for Tuesday, Avenatti Will Not Testify in Extortion Trial
U.S. District Judge Paul G. Gardephe of the Southern District of New York had ruled earlier in the day that if Avenatti were to testify, he could be cross-examined about "highly relevant" allegations that he had stolen from former clients.
February 10, 2020 at 03:33 PM
3 minute read
Michael Avenatti will not take the stand in his extortion trial, as the criminal case against the embattled attorney and outspoken critic of President Donald Trump is expected to move to closing arguments Tuesday.
Scott Srebnick, a Miami-based lawyer who is defending Avenatti against charges that he tried to shake down Nike Inc. for more than $20 million, told a Manhattan federal judge Monday that the scope of the defense case is expected to be "very limited" and will include "no witnesses."
U.S. District Judge Paul G. Gardephe of the Southern District of New York had ruled earlier in the day that if Avenatti were to testify, he could be cross-examined about "highly relevant" allegations that he had stolen from former clients, including adult film star Stormy Daniels, who had accused Trump of engaging in an extramarital affair in 2006. Trump has forcefully denied that allegation.
Gardephe had excluded any references to other criminal charges pending against Avenatti, but said that prosecutors would be allowed to elicit descriptions about his behavior toward past clients.
When asked whether he had carefully considered his decision, Avenatti responded: "In light of the court's prior rulings, yes."
Prosecutors from the Manhattan U.S. Attorney's Office have alleged that Avenatti was facing mounting personal and professional debts when he threatened to go public with damaging information about Nike, unless the company agreed to pay him between $15 million and $25 million to conduct an internal investigation of the sports apparel giant.
Avenatti has maintained his innocence, claiming that he was simply representing a client who brought the accusations against Nike to light.
The government rested its case Monday, after laying out about a week and a half of evidence and testimony to a jury of six men and six women. Gardephe told the panel that he expects both sides to begin making their closing arguments Tuesday.
Avenatti is charged separately in New York with skimming money from Daniels' book deal, and also faces a sprawling indictment in California for allegedly stealing from his former clients. He has pleaded not guilty to all the charges and remains in jail pending trial, following his arrest last month in Los Angeles for bail violations.
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