01 February 2022

Avenatti decides not to give evidence at trial against Stormy Daniels

01 February 2022

Michael Avenatti has said he will not give evidence at his trial on charges that he cheated porn actor Stormy Daniels out of nearly 300,000 dollars (£222,000) in book proceeds.

He announced his decision in Manhattan federal court after telling Judge Jesse M Furman he had no witnesses in court who were ready to give evidence.

The California lawyer, who became well known representing Daniels in 2018 in her legal fights against then-president Donald Trump, said he chose not to give evidence because prosecutors had not proven their case.

Stormy Daniels in court (Elizabeth Williams/AP) (AP)

Prosecutors say he falsely claimed to Daniels for months in 2018 and early 2019 that a publisher was not making timely payments from the 800,000-dollar (£593,000) advance for her autobiography, Full Disclosure.

They say he was spending the payouts on payroll for his financially strapped law practice and on personal expenses for himself.

Daniels sued Mr Trump because she wanted to go public with her claims that she had a tryst with him a decade before he ran for president.

Avenatti represented her in those lawsuits as she sought to alter the terms of a 130,000-dollar (£96,000) hush payment made shortly before the 2016 presidential election.

The 50-year-old lawyer has maintained his innocence. Before opening statements last week, his lawyers had said he was likely to give evidence.

Stormy Daniels with Michael Avenattiin 2018 (Mary Altaffer/AP) (AP)

But Avenatti chose to represent himself during cross-examination of his former office manager on the second day of the presentation of evidence, and has been his own lawyer ever since, including when Daniels gave evidence for two days last week.

Closing arguments are scheduled for Wednesday.

Avenatti has yet to begin serving a two and a half-year prison sentence after his conviction for trying to extort up to 25 million dollars (£18 million) from sportswear giant Nike.

He also awaits retrial in a California case on charges that he cheated clients of millions of dollars. He represented himself in the case last year which ended in a mistrial.

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