Avenatti’s attorney claimed that prosecutors withheld evidence that would have been helpful in Avenatti’s case
Michael Avenatti, a disgraced former attorney, is asking for a new trial. He was convicted last January of trying to extort as much as $25 million from NIke.
New York prosecutors are pushing for Avenatti’s two and a half year sentence to begin for his attempt to extort an athletic apparel company. Although he was originally allowed to delay reporting to prison, he was still facing charges of defrauding clients and others in California. However, that case was dismissed.
Avenatti’s attorney Benjamin Silverman accused the prosecutors of withholding evidence which would have helped Avenatti’s case in a Fox News court filing.
Avenatti’s lawyer said that the Nike prosecutors withheld crucial evidence showing Mr. Avenatti was innocent, just as in California. Judge Selna in California has already concluded that Mr. Avenatti was deprived of favorable information for many years. We ask that another do the same.”
Avenatti does not have a valid excuse to miss reporting to prison because of the Californian trial. Manhattan federal prosecutors stated in a July letter to the judge that sentenced Avenatti.
Avenatti, 50, was a porn star Stormy Dans’ lawyer in a lawsuit against then-President Donald Trump. He also frequently appeared on cable television shows.
Avenatti represented a California basketball coach in the Nike case. Prosecutors said that he threatened to use media exposure to muddy Nike’s image if it did not pay him millions of money.
Avenatti was charged by federal prosecutors in New York with defrauding Daniels. She failed to pay Daniels hundreds of thousands of dollars she owed through a book deal. Avenatti, who pleaded not guilty to the charges, will be tried in January.
His lawyers mentioned the Manhattan trial date as well as his pending appeals case from California as reasons to keep him free. This will allow him to better prepare for these legal battles. Avenatti is still in home confinement, according to the lawyers.
Avenatti was also reported to have lived in “horrible conditions” for more than three months in a Manhattan federal prison. They claimed that Avenatti would have been held in Brooklyn if he was detained during his January trial.