The conference call in Avenatti's @StormyDaniels trial with Judge Jesse Furman in New York is starting now. "Good afternoon. This is Judge Furman." Court reporter confirms she's here. Furman reminds people to mute when they're not speaking and then unmute when they want to speak.
The three federal prosecutors just made their appearances, including the new guy from the Ghislaine Maxwell trial, as did Avenatti's public defenders. Avenatti confirms he's on the line. "Yes, your honor. Good afternoon," Avenatti says.
Today is about the logistics of the jury questionnaire that will be handed out next Thursday. First Furman is addressing Avenatti's filing this morning asking for access to jury materials. Read that filing here: bit.ly/3nhBU5l
Prosecutor says the info was provided in the other Avenatti case (Nike with Judge Gardephe), so perhaps it could be transferred. He warned of a last-minute challenge to the jury pool, but Judge Furman is granting the motion that he says "merely seeks the records."
One of Avenatti's lawyers is arguing against bifurcating jury data release. He doesn't want to somehow waive ability to make any challenges on the merits. Furman agrees they don't want a motion filed on the eve of jury selection. "Understood, your honor," Avenatti's lawyer says.
"We're happy to work with the government to obtain the records in short order," lawyer says. And here it is - another trial continuance request, stealthy dropped. Lawyer says he'd be remiss not to request an adjournment so they can properly address all this.
Furman says there's ""a lot to respond and unpack in there" but he's not sure his bottom-line question was answered regarding a drop-dead deadline for the data. Furman says he won't adjourn the trial. "I'm not irritated by it, but there's absolutely no basis for it," judge says.
Judge Furman says he'll address COVID and the trial separately, but right now, "I actually see zero reason why this motion" regarding jury materials couldn't have been filed much earlier.
Furman is not bifurcating briefing on the jury material issue. See motion posted above - I've got a lot going on today and haven't really had time to dive into it. But it's there for your reading pleasure.
Furman said his plan is to address the jury and hand out the questionnaire next Thursday the 20th. Counsel doesn't need to be there, but they can. A court reporter will be there, and it'll be open to the public. Avenatti's lawyers say they'll be there. So will prosecutors.
^^^I may have mixed up the date there, because Furman just said oral voire dire is starting the 20th at 9:30 a.m. He's hoping they'll seat the jury that day, but he's got Friday if needed. He's open to starting trial on Friday if attorneys wish.
Everyone agrees they want to start on Monday the 24th. Furman says he's not planning an overflow courtroom for the jury questionnaire, but he'll have one for oral voir dire and "one or more overflow courtrooms" for the actual trial.
After some discussion, Judge Furman says he'll have two overflow courtrooms for the openings. He'll also provide a feed to the pressroom for the in-house press at the Southern District of New York.
Furman addresses the COVID situation: He says he's closely monitoring the situation "and is certainly prepared to revisit it if there's reason to do so" such as risk of mistrial.
But "right now I'm not convinced that any of those circumstances are present," Furman says. He says he has two colleagues with jury trials right now, and another one starts one tomorrow.
"It's certainly a more challenging situation than one would like," Judge Furman said. But he said it's "absolutely critical" to proceed. "The bottom line is right now I'm persuade that we can proceed."
Furman tells attorneys to do their best "to take care."
"Be careful and not expose yourself to more risk than you need to," Furman said. An attorney brings up trial closures in the Eastern District of New York, but Furman isn't swayed.
"Be careful and not expose yourself to more risk than you need to," Furman said. An attorney brings up trial closures in the Eastern District of New York, but Furman isn't swayed.
Furman says the COVID risks "are not sufficiently high to throw in the towel just yet."
"I am fully prepared to revisit it even if it's at the last minute, but my hope is that we can and will proceed," the judge says. And that's it. Conference is over.
"I am fully prepared to revisit it even if it's at the last minute, but my hope is that we can and will proceed," the judge says. And that's it. Conference is over.
My colleague @TMcParlandALM’s story on what happened today: bit.ly/33bztu7
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