Vanity Fair details Michael Avenatti's affirmative defenses

[laserhaas]

Link to tweet

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Outside of Michael Avenatti's above & below Tweets, detailing facts that TMZ got errant, there's a recent Vanity Fair article that interviewed Avenatti's lawyer, Evan Jenness.

The Vanity Fair article is titled

AFTER MICHAEL AVENATTI’S ARREST, HIS LAWYER OFFERS HIS SIDE OF THE STORY

It specifically States:

Avenatti’s lawyer has hired investigators at John Brown & Associates to collect information about the incident, such as reviewing video footage from his apartment building and interviewing witnesses present during the evening currently in question. Some of these findings are laid out in the aforementioned letter, which I obtained on Tuesday morning. “Among the footage is a video taken from a security camera in the elevator in which Mr. Avenatti and [his accuser] rode from the twenty-second floor . . . This footage, which was recorded within seconds after the claimed incident, shows the two standing next to each other, without any physical contact for the duration of the ride,” the letter reads.

"Mr. Avenatti is shown as neither aggressive nor animated. Footage from a security camera in the foyer also shows both parties, again without any physical contact, or even menacing gestures. No physical injuries are evident on [his accuser] . . . notwithstanding the fact that her face and neck are visible, as well as other parts of her body. . . .

"To be clear, the extensive video evidence supports a determination that Mr. Avenatti did nothing wrong and should not be charged.” (The letter’s emphasis.)

The letter indicates that a building security guard present repeatedly asked the woman if she wanted to call the police. According to the document, she declined.

It would appear that the video evidence, photos and statements bode well for Michael Avenatti.

We'll soon see!
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Link to tweet

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[Yosemito]

1. TMZ better start saving up

Because their reporting contains falsehoods.

[laserhaas]

2. Concur!

Messing with a very powerful lawyer, via fabricated, does not bode well.

Especially given Ted's lack of remorse.

[Just a Weirdo]

16. I hope Avenetti will own TMZ

Like Hogan owned Gawker. I miss Gawker but hate Hogan

[hlthe2b]

3. I reserve opinion until all facts are in but definitely agree that TMZ's Harvey Levin is a slimeball

(as well as a Trump-defending POS). I'd find it hard not to root for Avenatti on that score.

[jberryhill]

4. You might want to look up the definition of "affirmative defense"

https://legaldictionary.net/affirmative-defense/

Affirmative defense is a legal term that pertains to a defendant’s response to being accused of a certain crime. When an affirmative defense is used, the defendant is basically admitting he committed the crime of which he is accused, but is offering an explanation or justification for the incident.

An "affirmative defense" here would be along the lines of "I hit her, but I did it in self defense." In other words an "affirmative defense" is a defense in which the behavior itself is admitted, but a justification or excuse of some kind is offered to mitigate liability for it.

This is a "defense", not an "affirmative defense".

[Tipperary]

9. Interesting.

Thank you.

[laserhaas]

17. You say tomato and I say tomatoe

She claims he hit her with a pillow.

Wiki has other definitions for "affirmative defense" - such as this:

Burden of proof

Because an affirmative defense requires an assertion of facts beyond those claimed by the plaintiff, generally the party who offers an affirmative defense bears the burden of proof. - The standard of proof is typically lower than beyond a reasonable doubt. It can either be proved by clear and convincing evidence or by a preponderance of the evidence.

In this respect, affirmative defenses differ from ordinary defenses [claim of right, alibi, infancy, necessity, and (in all U.S. states except Ohio) self-defense (which is an affirmative defense at common law)], which the prosecution has the burden of disproving beyond a reasonable doubt.

She claims she was hit by a pillow.

An affirmative defense is - "So what -- pillows do no harm"

[JonLP24]

22. I wouldn't hit or throw a pillow at someone

Even if it does no harm if you are not doing it in a playful manner is still an innappropriate display of anger. Avenatti may be innocent of this but we do need higher standards in how we treat women.

[Beakybird]

5. Innocent of abuse

Guilty of bad judgment, having an extramarital affair with someone 23 years his age.
Not higher office material.

[exboyfil]

7. Bill Clinton says hi

[blue cat]

8. We have too many others who want leadership positions

without all the mess.

[brush]

10. Extra-marital affair? How so?

[phleshdef]

11. His wife filed for divorce a year ago and they still appear to be friends.

They are legally separated.

Not that I'm saying he is higher office material either way, but you are incorrect in calling this an extra-marital affair.

[Kaleva]

12. Avenatti began dating Mareli Miniutti about a month before his wife filed for divorce.

[phleshdef]

13. I've not seen that, also I've seen other articles that state he is the one that filed for divorce.

https://heavy.com/news/2018/11/lisa-storie-avenatti/

Aside from that, maybe he was cheating or maybe the writing was on the wall before he got into another relationship. I don't know. They probably want to keep it private. Some people just don't get along.

I'm not trying to defend cheating of course. But thats a far cry from physical abuse.

[Kaleva]

15. What I read was the wife filed for divorce in November but quickly withdrew her petition

Avenatti then filed for divorce in early December after his wife kicked him out and had the locks changed. According to a statement by Mareli Miniutti, she says that Avenatti and her began seeing each other in October of last year and she moved in with him in Janurary.

[jberryhill]

18. The dockets....

One of the nicer things about legal proceedings is that since a lot of courts are directly connected to the internet anyway, one does not need to rely on second hand reports...

https://unicourt.com/case/ca-la23-storie-avenatti-lisa-vs-avenatti-michael-146016

On 11/27/2017 a Family - Marriage Dissolution/Divorce case was filed by Storie-avenatti Lisa against Avenatti Michael in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

12/21/2017 Request - Dismissal; Filed by Petitioner

https://unicourt.com/case/ca-ora-michael-avenatti-vs-lisa-storie-avenatti-830540

On 12/07/2017 a Family - Marriage Dissolution/Divorce case was filed by Michael Avenatti against Lisa Storie-avenatti in the jurisdiction of Orange County Superior Courts, Lamoreaux Justice Center located in Orange, California.

[Kaleva]

20. Thanks!

[Kaleva]

6. Need a 3rd option. Waiting for more facts before forming an opinion either way.

[Amishman]

19. This, accusations need to be investigated, but we should never assume guilt or innocence

[OilemFirchen]

14. Dunno.

But her husband seems to think she's just swell.

Miniutti's husband, Michael Miniutti, told CNN on Tuesday that he and his wife have been separated since January 2017, when she moved to California.

"The only thing I can say is: In Mareli's defense, she was never aggressive. She never put me in an aggressive state of mind or anything like that," he told CNN over the phone. "She's a very calm, well-mannered, respectful individual. Very polite. Classy woman. And that's it. That's all I can say on her behalf."

Asked about the alleged incident, Miniutti said: "A man should never raise a hand to a woman. To any woman."

[monmouth4]

21. None of my business..n/t