Tuesday, August 24, 2021

Mistrial in the Michael Avenatti trial due to Brady violation

 Wow, this is a big one.

Another "taint team" and Brady problem in federal court. 

Reporter Meghann Cuniff is doing a really nice job covering what's going on in court:


Here is the defense motion,

Govt response,

and the recent filing by the defense outlining the issues. 

2 comments:

Anonymous said...

Shortcomings

Anonymous said...

Government is lucky the judge didn't dismiss the indictment or enter a judgment of acquittal (not sure which would be proper. On the For the Defense with Judge Rakoff they mentioned that one of those is unappealable.)

Why wouldn't the government just give him a copy of his own servers that the government had seized from him? Withholding Brady material is stupid enough, but refusing to return a defendant's own property seems to me to be exponentially stupid.