US judge denies Avenatti's effort to delay Santa Ana trial

Embattled plaintiff attorney Michael Avenatti must face fraud allegations in California only weeks after being sentenced on blackmail convictions in New York, a federal judge ruled.

Making a number of arguments, including that publicity surrounding his June sentence for trying to extort $25 million from Nike could taint the pool of prospective jurors, Avenatti tried to delay his wire fraud trial in Santa Ana. Because of the pandemic, he was previously able to delay the Santa Ana trial and a second trial in New York, where he faces charges he defrauded his client, the adult film star known as Stormy Daniels.

However, U.S. District Judge James V. Selna in Santa Ana said Thursday none of Avenatti's arguments in favor of a continuance were sufficient this time around. The fact Selna summoned a pool of 150 potential jurors and plans to use a voir dire script specifically asking whether sentencing coverage caused any prejudice, "is evidence in itself of the court's commitment to seating a fair and impartial jury," Selna said.

"The Court first notes that this case has itself generated substantial publicity," Selna wrote in his Thursday order. "For that reason, as the Court has previously advised the parties, the Court will use a jury questionnaire and will conduct individual voir dire of jurors to learn of any juror knowledge or prejudice concerning Avenatti."

In Santa Ana, Avenatti is accused of illegally wiring nearly $500,000 from The Peoples Bank in Biloxi, Mississippi to a California Bank & Trust account in the name of Eagan Avenatti LLP, Avenatti's former law firm in Irvine. In the New York case, he is accused of stealing a $300,000 book advance from Daniels. USA v. Avenatti, 19-CR00061 (C.D. Cal., filed April 10, 2019).

Trial is scheduled to begin July 13.