Jailed anti-Trump lawyer Michael Avenatti asked a judge on Wednesday to release him on bail, saying he’s worried if he remains behind bars he’ll contract the coronavirus.
Avenatti, in court papers, said he recently had pneumonia and is worried because one of his cellmates in the New York City Metropolitan Correctional Center had a cough and fever.
“There is a pandemic that poses a direct risk to Mr. Avenatti that is far greater if he continues to be detained during this public health crisis,” his lawyer said in the court filing.
Avenatti has been convicted for attempting to extort money from Nike, the sportswear company, and sentencing is scheduled for June. He also still faces trial on other charges in New York and California.
He was free on bail until January, when the judge in the California case ordered him back to jail after he was arrested on still more charges of fraud. Prosecutors said he was concealing money.
Avenatti came to national attention with his crusade against President Trump. He represented adult film star Stormy Daniels, who alleged an affair with the president, and now stands accused of stealing money from her. He also faced criticism for his handling of a woman who made unsubstantiated allegations against Justice Brett M. Kavanaugh.
In his court filings Wednesday Avenatti says the federal law calls for temporary release in compelling cases, and he argues his health is just such a case.
“The MCC has no soap, hot water, or paper towels in the visitors’ bathroom. Only those inmates who have money for commissary will be able to purchase antibacterial soap,” his lawyer wrote. “The facility has no testing for COVID-19 available, and does not know when, if ever, it will have tests. There is no medical ward or facility in the institution.”
He also said Avenatti’s cell had rats.
Coronavirus spread in prisons and jails is a danger, and activists have called for incarcerated populations to be reduced to try to limit the exposure.
Avenatti said if released he could be given an ankle-monitor and other conditions, such as a ban on contact with anyone relevant to his charges and surrendering his passport.
Federal prosecutors oppose his request, according to the court filings.
• Stephen Dinan can be reached at sdinan@washingtontimes.com.
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