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In one of his criminal cases, disgraced lawyer Michael Avenatti has notified the judge that he has been under a lockdown in prison for the previous five weeks.
In a court filing, Avenatti stated that he has only been let outside for five hours per week and that the conditions have been taking a toll on his mental and physical health.
Avenatti is currently incarcerated at FCI Terminal Island in California and is facing multiple federal charges. He is scheduled to stand trial later this year on charges of defrauding clients, wire fraud, bank fraud, and tax evasion.
Avenatti is currently serving a three-year prison sentence for attempting to extort Nike. He is scheduled to be released in 2025.
In the court filing, Avenatti’s lawyers state that the conditions of his confinement are “unconstitutional” and are “tantamount to cruel and unusual punishment.”
The lawyers are asking the Court to release Avenatti on bail so that he can be transferred to a facility with “more humane conditions.”
The lawyer, who is currently serving a three-year sentence for tax evasion and fraud, said the conditions of his confinement have been “extremely difficult” and have taken a toll on his mental and physical health.
Avenatti was sentenced to prison in January of this year and is currently being held at the Federal Correctional Institution, Terminal Island, in California.
In the court filing, Avenatti’s lawyers argued that the conditions of his confinement are “unnecessarily punitive” and are “impacting his ability to prepare for his upcoming appeal.”
The lawyers also argued that the conditions of Avenatti’s confinement are “jeopardizing his health and safety.”
“This has resulted in Defendant’s unit and Defendant remaining in lockdown and quarantine since July 27, 2022 (over five weeks). During this period, Defendant has been allowed out of his unit approximately five hours per week for limited fresh air.
“As a result of this quarantine, Defendant has not had any ability to have any visits, including legal visits, nor has he had any access to the law library or any other legal materials.
“Further, phone calls, including legal calls, have been significantly limited, as has Defendant’s access to email. In addition, regular mail and legal mail delivery have been delayed during this time period.
“It has been impossible for Defendant to adequately prepare for his sentencing and the briefing required under these circumstances.
“The lockdown is expected to be lifted on or about September 8, 2022, at which time the defendant will have lost six weeks of preparation time.
“It is clear from the language of Federal Rule of Criminal Procedure 32 that a criminal defendant must be allowed sufficient time to prepare for sentencing.
“This is especially true where, as here, Defendant has not been provided adequate time nor access to resources to prepare for his sentencing due to a Covid-19 outbreak in his prison unit and subsequent lockdown/quarantine, something over which he has no control or ability to mitigate.
“Defendant proposes that the sentencing hearing be continued twenty eight days to October 31, 2022. According to the Court’s prior Order and the associated time intervals, the parties initial sentencing positions would be due three weeks prior to the sentencing hearing, October 10, 2022.”
Avenatti is scheduled to appear in Court on October 19.
