NEW YORK — A woman on the jury deliberating whether Michael Avenatti is guilty of stealing from Stormy Daniels has her mind made up and refuses to hash it out with fellow jurors or review evidence.
“We have one juror who is refusing to look at evidence and is acting on a feeling. We need assistance on moving forward,” read a note sent from the panel on Friday morning.
“She does not believe she needs to prove her side using evidence and refuses to show us how she has come to her conclusion.”
The note added the possible holdout was acting on “all emotions” and “does not understand the job of a jury.”
It asked the court to “please,” underlined, advise the other jurors on how to proceed.
It was not clear from the note whether the woman is a lone holdout or whether she’s sure of Avenatti’s guilt or innocence.
Avenatti immediately requested a mistrial.
“It is obvious this jury is deadlocked. Any further instruction to this jury would constitute coercion and would be improper,” argued Avenatti.
“We can also infer that this juror has deliberated for two days, and she has reached a conclusion — she doesn’t have to explain that conclusion to anyone.”
Manhattan Federal Court Judge Jesse Furman turned down the request, telling Avenatti, “I don’t think we’re there yet.”
Furman told jurors to keep going and repeated his instruction to base their verdict on the evidence, or lack of proof, rather than sympathy.
“Under your oath as jurors, you are not to be swayed by sympathy or emotion,” said Furman. “If you let sympathy or emotion interfere with your clear thinking, there is a (chance) you will not arrive at a just verdict.”
The judge also warned jurors not to surrender their true feelings to peer pressure or let “stubbornness or pride (affect) your view.”
A mistrial would be a second dodged felony conviction in two years for Avenatti, while representing himself in a criminal trial. He defended himself against embezzlement charges in a separate California case in 2020, which ended in a mistrial.
A conviction would also be Avenatti’s second in two years. A federal jury in Manhattan found him guilty last year of trying to extort $25 million from Nike. He was given a 2 1/2-year sentence for that crime.
If convicted on charges he stole from Daniels, Avenatti could face up to 22 years in prison if sentenced to the maximum.
———
