Judge sends Michael Avenatti jury back after they can’t decide on main charge in trial against Stormy Daniels

Avenatti says ‘case isn’t as clear cut as the government wants everybody to believe’

Former attorney Michael Avenatti cross-examines witness Stormy Daniels during his criminal trial at the United States Courthouse in the Manhattan borough of New York City, U.S., January 28, 2022 in this courtroom sketch (REUTERS)

The judge in the trial of Michael Avenatti, former lawyer to Stormy Daniels, has sent the jury back for further deliberations after they said they couldn’t come to a consensus on the main charge after just four hours of discussions.

In order for Mr Avenatti to be convicted of the second charge, aggravated identity theft, he must also be convicted of the first – wire fraud.

Judge Jesse Furman told the jurors that they have to decide the case within the group and that it was imperative that they evaluate the opinions of other jurors and that they should be ready to reexamine their own views, according to the New York Daily News.

“We are unable to come to a consensus on Count One,” the note from the jury said. “What are our next steps?”

Lawyers on each side discussed with the judge how to respond to the note, though Judge Furman said he was inclined just to tell them to “keep at it”.

After the jury resumed deliberations, Mr Avenatti told reporters: “The case isn’t as clear cut as the government wants everybody to believe.”

During the two-week trial, prosecutors said the California lawyer cheated Ms Daniels of nearly $300,000 she was owed for her autobiography, spending it on his firm’s payroll and personal expenses.

Mr Avenatti, representing himself, argued that he was owed the money and never thought it was wrong to take it.

He helped secure the book deal for Ms Daniels in spring 2018, shortly after he began representing her in lawsuits meant to free her from the rules of a 2016 payment of $130,000 she had received from former President Donald Trump’s personal lawyer Michael Cohen to remain silent about an alleged affair with Mr Trump a decade before.

The hush-money payment occurred just days before Mr Trump was elected president in 2016. He has denied the claims by Ms Daniels.

Mr Avenatti used his heightened profile at the time to make frequent appearances on cable television news programmes.

Ms Daniels, a porn actress who has also earned stage credits in two mainstream movies, testified during the trial that she never authorised Mr Avenatti to pocket some of the $800,000 advance on her autobiography, Full Disclosure, which was published in the fall of 2018.

The Associated Press contributed to this report