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Sean Avery argues with judge, chooses to represent himself and forces lawyer to walkout

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Josh tupper
April 15, 2022  (2:03 PM)
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Sean Avery, was in court yesterday in connection with a 2019 charge of criminal mischief, a misdemeanor. It is alleged that Avery rammed the door or a parked car with his scooter. During the time Avery was known for posting controversial videos on Instagram of himself confronting people who broke "bike lane etiquette".

Two weeks ago, Avery was informed during a virtual hearing that he was required to appear in person. If Avery did not appear he was informed a warrant would have been issued for his arrest.

On Thursday, Avery appeared in New York in the courthouse. But that's when things began to get strange. Upon arrival Avery made an odd declaration:

I'd like to move forward by representing myself.

The judge in the case informed him that he had no legal experience and advised him against representing himself. But Avery stood firm on his decision, his lawyer, Dmitriy Shakhnevich, left the courtroom shortly after.

Avery continued telling the judge:

Your honor, I would like to request a jury trial.

Your honor, I was told there was going to be a trial today. I flew in from California to attend this trial. I want a jury trial!

Jury trial! That's where we're having a problem. I don't need to accept a bench trial.

In this case Avery was not entitled to a jury trial under New York law, due to this being a relatively minor class B misdemeanor charge. The prosecutor in the case had offered Avery a plea deal, but Avery refused to accept on the grounds that the deal would require him to successfully complete anger management training.

The Judge in the case set a trial date for May 23rd and instructed Avery should he not appear in person a warrant will be issued for his arrest.

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