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17 Sep, 6 tweets, 3 min read
Michael Avenatti is asking the California federal judge who declared the mistrial in his wire fraud case to dismiss his charges because of prosecutorial misconduct. Motion just filed: bit.ly/3lyZngO
The motion includes a massive 560 pages o' exhibits and declarations. Available here on Google Drive: bit.ly/3hH1nCg
This motion has a tough road ahead, as Judge Selna didn't find prosecutorial misconduct and has told Avenatti a retrial is pretty clearly in order. He also said at Wednesday's status conference the Nov. 2 trial is for sure happening.
Still, the judge told Avenatti he could file this motion, and he's scheduled a hearing for Oct. 4. ("I enjoy oral argument." ) Prosecutors' opposition is due Sept. 24, with Avenatti's reply due Sept. 29.
Prosecutors' opposition should be interesting, because they've already clapped back against Judge Selna's mistrial ruling and declared there was no Brady violation. Read the motion here: bit.ly/3lowaF2
There's a status conference this Monday at 9:30 a.m. regarding the financial data @TheJusticeDept still needs to give Avenatti. Read my latest @lawdotcom story on that here: bit.ly/2YR2bOs

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More from @meghanncuniff

Meghann Cuniff Profile picture
20 Sep
It’s Monday and I’m here at the federal courthouse in Santa Ana, California, for what should be a short status conference in Michael Avenatti’s wire fraud case. Follow this thread for updates from the courtroom.
⚖️🧵⚖️ Image
Avenatti's case is on Judge Selna's 9:30 a.m. calendar. There's a sentencing ahead of them, but they're doing that one now, so Avenatti's should start right at 9:30 a.m. cacd.uscourts.gov/daily-calendar Image
Remember, when we last left off last Wednesday, Judge Selna had ordered @TheJusticeDept to give Avenatti complete copies of the forensic images of his law firm servers. Here's my @lawdotcom article on that: bit.ly/2YR2bOs
Read 19 tweets
Meghann Cuniff Profile picture
15 Sep
Another chapter in Orange County homeless saga continues w/ motion to halt closure of service provider. This is part of a proposed class action, and not exactly the harmonious dispute resolution process Judge Carter's consent decrees were aimed at: bit.ly/3Clno1D
This isn't completely unexpected, as there are other lawsuits including Santa Ana's still-pending lawsuit against OC over jail releases and out-of-city transfers, which I wrote about last year for @timesocofficial. lat.ms/3AiDMPH
But it's worth noting that people in LA celebrate Judge Carter's involvement up there because they want to replicate the same kind of consent decree dispute resolution process. But that assumes things are actually going well in OC, which is in reality heavily debatable.
Read 8 tweets
Meghann Cuniff Profile picture
15 Sep
It’s Wednesday in Orange County, California, and I’m here at the federal courthouse because Judge Selna is getting the gang back together again i.e. there’s a 9 a.m. status conference in Michael Avenatti’s wire fraud case. Follow this thread for updates from the courtroom. ⚖️🧵⚖️
The judge called this status conference after receiving reports of trouble on the Tabs3 front, with Avenatti already saying a trial continuance is needed and prosecutors artfully telling Selna his mistrial ruling was flat wrong. Here's the USA's brief: bit.ly/3lowaF2
And here's Avenatti's status update on the remaining financial data @TheJusticeDept is to give him. bit.ly/3lsiCIL He's in court now awaiting Judge Selna, and was asking AUSA Patrick Fitzgerald of the privilege-review team aka taint team about the remaining files.
Read 27 tweets
Meghann Cuniff Profile picture
13 Sep
Avenatti just filed a status report that says @TheJusticeDept still hasn’t given him all relevant financial data, and the taint team “is unable to provide a firm estimate as to when the remaining financial data will be produced.” bit.ly/2Xk9Wfv
Avenatti says ongoing conflict with the taint team over the scope of the searches “will probably require the intervention of the Court finally to resolve.” He hasn’t asked for a trial continuance…yet.
Of course, it's always in the footnotes. "As a result, a modification to the case schedule and trial will almost certainly be required."
Read 14 tweets
Meghann Cuniff Profile picture
26 Aug
This is the big question in his California case right now - will the judge in New York extend Avenatti’s prison report date, currently set for Sept. 15? Avenatti filed his motion this morning asking to push it back to December.
Obviously this is totally out of Judge Selna’s hands. This will be decided by Judge Gardephe in the Southern District of New York, the judge who sentenced Avenatti to 30 months for the Nike extortion plot.
There’s long been friction between the two cases. Gardephe was not happy with Avenatti’s pre-trial arrest at his California State Bar hearing in January 2020 because it threw the pending Nike trial into (brief) disarray.
Read 37 tweets
Meghann Cuniff Profile picture
24 Aug
I’m here at the federal courthouse in Santa Ana for what could be the 19th day of testimony in Michael Avenatti’s wire fraud trial. First, Judge Selna will consider a mistrial motion over newly released and also still missing financial data. Follow this thread for updates. ⚖️🧵⚖️
I sat down in my usual spot a minute ago. Only Judge Selna and his clerk were in the courtroom. "Good morning. We should put a little name tag on that chair," the judge said after I sat down. (He's back in his chambers now. That was the extent of the discussion.)
Avenatti and prosecutors are due at 8. This @lawdotcom article from last night is a hub of all our reporting on this Tabs and mistral motion. You'll find past coverage, links to the court filings and more. bit.ly/3mrMp6l
Read 102 tweets

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