Michael Avenatti Wants Stormy Daniels’ Mental Health Records in Fraud Case

Former attorney of the adult film star filed a motion for his defense in a N.Y. wire fraud case in which he allegedly diverted to himself $300,000 owed to Daniels.
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The hard feelings between California lawyer Michael Avenatti and his former client, adult film star Stormy Daniels, took an uncomfortable twist last week. The prison-bound attorney filed a motion requesting Daniels’s mental health records for his defense against a New York wire fraud case in which he’s accused of trying to divert to himself about $300,000 owed to Daniels from her tell-all memoir about allegedly having really bad sex with Donald Trump.

Law.com reporter and editor Meghann Cuniff broke the news on Twitter:

Friday, announcing, “Just in: Michael Avenatti is trying to get @StormyDaniels’ mental health records for his defense in the New York wire fraud case alleging he stole her Trump book deal money. Judge Furman says the motion should have been sealed, so he’s restricting access.”

Avenatti’s rapid-fire tough guy talk made him cable-famous as a sort of dark horse hope for desperate liberals in 2018 when signed on to represent Daniels in lawsuits against Trump. Since then, however, the Daniels case has become just one of several legal hells he’s facing.

Avenatti is currently on house arrest at a friend’s “small one-bedroom” apartment in Venice Beach as prosecutors in New York fight to make him begin serving his two-and-half-year prison sentence for attempting to extort Nike for $25 million.

Additionally, he’s awaiting a new trial in Orange County federal court on charges that he stole millions from five clients after a judge in that case declared a mistrial in August, finding that prosecutors had withheld exculpatory evidence.

Reacting to the news that her onetime ally was seeking her private medical records in an attempt to prove he didn’t rip her off, Daniels on Friday called Avenatti “a dipshit.”

The performer—who reported in her book that Trump’s penis is disfigured, mushroom-like, “with Yeti pubes” and small but “not freakishly small”—announced on Twitter that she is, “LOVING this! It highlights his desperation &just how terrible he is at law. But let me get this straight: he’s saying it’s ok to steal from someone mentally ill? The evidence speaks for itself. He’s welcome to my health records, though… because there aren’t any. What a dipshit!”

 

In a follow-up tweet, Daniels replied to Cuniff, writing, “Of course! Because the documents DO NOT exist. This is his way to imply that I am mentally unstable. He’s trying discredit and shame me, which is disgusting. His photo should be beside ‘grasping at straws’ in the dictionary.

 

Daniels also posted a more robust rebuttal on Facebook, saying that the actions of “my POS [Piece of Shit] thieving former attorney… should scare ALL of you in the field but especially those with a large following or TV show because they are trying to use the fact I do paranormal investigations to block my right to testify and essentially condone crimes against me.”

If you were not aware that Daniels is now a some variety of ghostbuster, neither were we, but delve into that one here if it suits you.

According to the judge’s decision posted by Cuniff, lawyers on both sides will have their chance to argue for and against allowing Daniels’ mental health records into evidence this week.

Meanwhile, it seems Avenatti’s Venice vacation will last through the holidays, but not for as long as he’d hoped, Cuniff reports, “Another Avenatti update: Unsurprisingly, Judge James Selna here in Orange County today granted his request to extend his temporary release. But he only extended it to February 1 instead of March 1 as Avenatti requested.”

Avenatti has vigorously denied all the charges in all the cases.