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Judge Grants Michael Avenatti Mistrial In Embezzlement Case

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Harry Wilmerding Contributor
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A judge granted Michael Avenatti a mistrial on Tuesday in a case accusing him of stealing millions of dollars from his clients, according to multiple reports.

U.S. District Court District Judge James Selna, who was nominated by President George W. Bush, said prosecutors failed to provide financial evidence to Avenatti before the trial started, Law.com’s Meghann Cuniff reported live from the Santa Ana, California, courtroom.

“I think the defendant was entitled to have that data,” Selna said, according to Cuniff. “I find that prejudice occurred here in a number of ways.” (RELATED: ‘You’re Like A Holy Spirit’: A Look Back On The Media’s Love Affair With Michael Avenatti)

Avenatti, who was representing himself, pleaded not guilty for fraud in May, when he was charged with stealing almost $10 million from his clients, according to the Wall Street Journal.

“This has been an incredibly difficult journey for my family, for my children for my friends and lastly for me. I am extremely thankful to Mr. Steward, Ms. Cummings Cefali and our entire team for standing by me and advocating tirelessly on my behalf,” Avenatti said after the decision was handed down, according to Cuniff.

When a mistrial occurs, the defendant is neither convicted nor acquitted due to either a procedural or misconduct error, according to the Cornell Law School. Selna set a new trial date for Oct. 12 and a pretrial meeting for Sept. 2, according to Cuniff.

Avenatti was sentenced in New York earlier this month to two and a half years in prison after being found guilty for attempting to extort Nike for more than $20 million. He is also scheduled to go to trial for embezzlement charges against porn star Stormy Daniels, whom Avenatti famously represented in a lawsuit against former President Donald Trump.

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