NEW YORK — Michael Avenatti declined to testify at his trial Tuesday after a judge warned the disgraced litigator that prosecutors would grill him on his past lies.
Avenatti said he’d chosen not to take the stand because the government had not proven its case.
He fired his lawyers on the trial’s second day, electing to represent himself against charges he stole $300,000 from Stormy Daniels’ book advance while representing her in legal battles against President Donald Trump.
His decision not to testify came after Judge Jesse Furman warned Avenatti prosecutors would be able to ask about his attempted shakedown of Nike for $25 million. Testimony in a 2020 trial revealed Avenatti, 50, kept his client in that case, an elite youth basketball coach, in the dark about the extortion scheme.
The jury is expected to hear closing arguments Wednesday. Avenatti will deliver the summation for the defense himself.
Furman said he was “very, very concerned” that Avenatti would cross a line and attempt to testify in his closing remarks. But after some debate, the judge chose not to require Avenatti speak about himself in the third person.
“I am going to do everything in my power to ensure that you don’t confuse the jury because I want the jury to understand what the issues are in this case, what the law is in this case, and make a decision about whether you committed a crime,” the judge said.
Avenatti wanted to argue in closing arguments that he believed he was legally entitled to a portion of Daniels’ book proceeds based on their contract and California law. But Furman said Avenatti missed his chance to argue about what he believed by declining to testify.
“I asked you to cite me anything in California law that entitled you to simply take it without telling her, and you could not cite anything,” the judge said.
“It would be misleading and wrong to suggest to this jury that because you might have believed that you had an entitlement to a portion of her book fees ... that you were entitled to simply take the money. That is wrong. Inaccurate. Baseless.”
Prosecutors say Avenatti diverted payments for Daniels to an account he controlled by forging her signature in a letter to her publisher. The feds say he used the stolen funds to balance payroll at his law firm and coffee business and make payments on his Ferrari.
“Did you send her a bill for that money?” asked Furman during one exchange. “Is there any evidence in the record that you sent her a bill for the money that you took from the book advance?”
“Well, Your Honor, it depends on how you define ‘bill,’” said Avenatti.
If convicted on charges he stole from Daniels, Avenatti could face 22 years in federal prison. The sentence will be on top of the 2½ years he has yet to serve for the Nike extortion plot.
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