Six months into his covid-related home confinement, Michael Avenatti is set to be in federal court in OC Monday for a pre-trial hearing in his 36-count criminal case. Judge Selna typically issues tentative rulings before his motion hearings, and Avenatti's case is no exception.
Selna issued his tentative tonight, ruling on everything from severing the counts to @USAO_LosAngeles's bid to tell jurors of misconduct not included in the indictment such as perjury in judgment debtor exams and embezzling client money from a settlement with @NFL.
It's a mixed bag for Avenatti and prosecutors. Selna unsurprisingly granted motion to sever the counts, which means two trials, one for client theft charges and another for the tax and bankruptcy fraud charges. (Unless Avenatti takes a plea deal, which is still totally possible.)
He also is allowing prosecutors to discuss the NFL settlement theft and Avenatti's perjury about his client obligations. And prosecutors can bring up the @Nike extortion convictions from @SDNYnews if Avenatti testifies.
Selna also is allowing 2 of prosecutors' 3 expert witnesses, and he rejected Avenatti's bid for an evidentiary hearing regarding @USAO_LosAngeles privilege review team, which examined attorney-client files. "To say the least, Avenatti sat on his rights for more than a year."
Read the full tentative here: cacd.uscourts.gov/sites/default/… Of course, a tentative ruling is just that - tentative. Selna will hear argument Monday, and his ruling could very well change. But he's already analyzed everything, so the argument would have to be pretty Earth shattering.
Whatever the case, I'll be in court Monday and will be tweeting the action. It'll be the first time Avenatti's been seen outside the balcony of the home he's staying at in Venice since his April release. Stay tuned!
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