The first Avenatti trial homework assignment for Judge Selna has been filed, and it's from the prosecutors. Key point: Reciprocal discovery applies if it isn't impeachment evidence. Google Drive link: bit.ly/3zD5Igx
I'd like to see some specific examples of documents Avenatti brought up on cross that prosecutors think should have been subject to the reciprocal discovery order. My understanding is the documents came from the USA's own discovery that was disclosed to Avenatti.
Ex-AUSA and criminal defense lawyer I talked to said defense reciprocal discovery "does not include cross-examination documents provided by the government."
"Next thing they’ll ask for is a script of the cross examination so they can better prepare their witnesses. Ridiculous."
And here's Avenatti's brief on the issue, just filed. "Thus far in the trial, Mr. Avenatti has only attempted to use documents produced by the government and bearing a USAO bates stamp, to question witnesses." Google Drive link: bit.ly/3yaQZcj
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OK I’m here at the federal courthouse in Orange County for the fourth day of testimony in Michael Avenatti’s trial. Attorneys will be in court about 8:30, and the jury is due at 9. Follow this thread for updates. ⚖️🧵⚖️
YOU GUYS, Jacob Wohl is here. He’s in the hallway outside Judge Selna’s courtroom as we wait for it to open. Avenatti just walked past him. Nothing was said. (c.c.: @JacobWohlReport)
Jacob and Avenatti have a long, Twitter trollish relationship. I first met Jacob at Avenatti’s second judgment debtor exam, the one we’ve heard so much about in trial because it’s when we first learned of the Geoff Johnson settlement.
Just in: Michael Avenatti is asking Judge Selna to read a "curative jury instruction" Tuesday morning regarding the Geoff Johnson Social Security benefit issue that tells them to "disregard and ignore all such evidence" drive.google.com/file/d/1c4nMNy…
The wording of his proposed instruction is kind of hilarious and classic Avenatti. I think it's unlikely Judge Selna tells the jury exactly this, but as the motion (and my tweets) say, Selna has already said he's thinking about this. So there's going to be something.
I expect the U.S. Attorney's Office will file a response to this by end of Monday. Then the judge will take it up before the jury gets seated on Tuesday. #staytuned Again, Google Drive link to full document is here: drive.google.com/file/d/1c4nMNy…
OK I am here at the federal courthouse in Orange County for the third day of testimony in Michael Avenatti’s client theft trial. I’ll be tweeting updates on this thread. 🧵
There was some discussion a few minutes ago outside the jury about transcripts from Avenatti's judgment debtor exams, which we'll be seeing as evidence later. Judge Selna is off the bench now and nothing more is expected until 9 a.m. when the jury gets seated.
When they're not in court, Avenatti and Dean Steward and another lawyer, Courtney Cummings Cefali, are in a conference room connected to a courtroom down the hallway. There are two conferences rooms connected to this courtroom, but no one is using them. (More privacy down hall.)
I’m here at the Orange County federal courthouse for the second day of testimony in Michael Avenatti’s client theft trial. I’ll tweet updates on this thread, so stay tuned. 🧵
The jury isn't in the courtroom yet, and prosecutors and Avenatti are fighting about exhibits being admitted during Geoff Johnson’s testimony today. Selna wants everything disclosed.
Prosecutor Alex Wyman is reading a list of them now. He’s only giving the numbers, but they are bank records. Avenatti is pointing out problems with declarations and exhibits, saying they're mismatched.
I’m here at the Orange County federal courthouse, where Michael Avenatti just arrived for the opening day of his client theft trial. As I reported yesterday, he’ll be representing himself, w/ Dean Steward (right in photo) as standby counsel. I’ll tweet updates on this thread. 🧵
Avenatti told the @FoxNews cameraman as he was going in, “I’m pro se because I want the truth to be known.” (No comment from the attorney he knocked aside, Dean Steward.)
OK we just got started here in court. Judge Selna is asking Avenatti about objections to jury instructions filed last night and why they were late, and he got pretty testy with him about it.
I'm here in Judge Selna's courtroom for another day of jury selection in Michael Avenatti's client theft trial, and Selna right now is taking up the motions filed yesterday regarding. He's rejecting the trial continuance motion because of covid Delta variance now.
"I believe we can take adequate precautions to ensure the safety of everyone," Selna says. He says he will read the jury pool the instruction regarding covid protocols and what to do if feeling sick.
Selna also rejects Dean's suggestion to move jurors to the federal courthouse in Los Angeles, calling it "an impermissible burden." He says the audio and video in the other juror rooms in the OC courthouse is working well after Friday's mishap.