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YNW Melly’s Attorney Files Motion To Suppress Cell Phone, Cites “Legally Insufficient” Affidavit

November 17, 2023 by newhiphopnews

YNW Melly’s attorney Jamie Benjamin is pushing for some evidence collected by police to be suppressed ahead of his upcoming murder retrial, claiming that it was obtained with a “legally insufficient” affidavit. He filed the motion earlier this week, according to documents obtained by HipHopDX, with the Broward County clerk. Benjamin says that authorities didn’t have the probable cause necessary to obtain and search the phone.

While a search warrant was issued, he claims it was done in violation of the rapper’s Fourth and 14th Amendment rights. Detective M. Moretti was the one who signed the affidavit, however, he failed to properly fill out the paperwork. Reportedly, he left out various bits of important information in the documents. The judge has yet to make a decision.

Jamie Benjamin Claims Phone Was Improperly Seized

YNW Melly’s lawyer wants cell phone suppressed due to “legally insufficient” affidavit pic.twitter.com/q06aT5j01m

— HipHopDX (@HipHopDX) November 17, 2023

This isn’t the first time Det. Moretti’s work has been called into question, however. Back in August, Melly’s team filed a motion against him while he was under investigation for allegedly using excessive force with a potential witness in the case. The defense asked that all materials from the investigation be handed over to them for review. Melly’s retrial is now scheduled to begin in February of this year. Judge John Murphy announced this week that it’d be delayed due to “extraordinary circumstances.”

Prosecutors requested that the retrial be pushed back earlier this month, citing various different reasons. “Throughout the defendant’s 20+ pleadings and in court hearings, the defendant complains of the number of witnesses that must be deposed as well as the many motions that must be heard,” they said in their motion. “The defendant complains that the state has filed motions after the court’s discovery cut off, yet the defendant himself has also filed motions after this date. Several of the state’s motions are a result of the defendant’s new criminal activity … It is abundantly evident that the defendant is not ready for trial.” What do you think of YNW Melly’s lawyer filing to have his cell phone suppressed? Share your thoughts in the comments section down below, and keep an eye on HNHH for more updates.

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Prosecutors In YNW Melly Case Seek To Add Evidence Of Witness Tampering

October 24, 2023 by newhiphopnews

Prosecutors in YNW Melly’s double-murder retrial have requested to admit evidence of alleged witness tampering, according to the Miami Herald. They charged him with witness tampering in connection to his first murder trial, earlier this month. Prosecutors argue the rapper and his team attempted to prevent his ex-girlfriend, Mariah Hamilton, from testifying.

“The defendant went to great lengths to have others contact Mariah Hamilton for him,” the prosecution said. “Because he was in jail and had his phone privileges taken away previously by BSO for numerous violations, he utilized fellow gang members to do his dirty work. Not only did he use his fellow gang member Terrence Mathis, who was in custody with him, he also utilized his co-defendant Cortlen Henry, who was out on pretrial release at the time, to be his messenger.”

YNW Melly Booked In Florida

FT. LAUDERDALE, FL – FEBRUARY 13: In this handout photo provided by the Broward’s Sheriff’s Office, rapper YNW Melly, real name Jamell Demons, is seen in a police booking photo after being charged with two counts of murder in the first degree February 13, 2019 in Ft. Lauderdale, Florida. Demons allegedly conspired with Cortlen Henry to fatally shot two other Florida based rappers, Christopher Thomas Jr and Anthony Williams, October 26. (Photo by Broward’s Sheriff’s Office via Getty Images)

Melly was initially tried in the double murder case over the summer, but that trial ended with a hung jury. Now, Melly will face a new prosecutor after his team successfully got former lead prosecutor Kristine Bradley removed from the double murder case. Jury selection for the retrial began on October 18.

At the beginning of October, Melly penned an open letter to his father, expressing his confidence that the second trial will prove his innocence. “It’s finally over doe,” he wrote at the time. “I knew I wasn’t getting bond I’d have to have a second mistrial I ain’t trippin. I’ll be home this trial! God is working! I still remember everything.” Be on the lookout for further updates on Melly’s retrial on HotNewHipHop.

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Judge Removes Lead Prosecutor From YNW Melly Retrial

October 13, 2023 by newhiphopnews

Several news reports have confirmed that a Broward County judge has removed the lead prosecutor in the retrial of YNW Melly’s double homicide case.

Circuit Judge John J. Murphy ruled that ssistant State Attorney Kristine Bradley could not continue to serve as the llead prosecutor in the case because he felt there was a chance that she might testify for the defense. Bradley has been named as one of the defense’s witnesses who can further lessen the credibility of one of Jamell “YNW Melly” Demons’ main accusers in his murder trial.

The retrial is set to be underway, with jury selection starting as soon as next week.

TheSource.com will update this story and cover the retrial.

The post Judge Removes Lead Prosecutor From YNW Melly Retrial first appeared on The Source.

The post Judge Removes Lead Prosecutor From YNW Melly Retrial appeared first on The Source.

YNW Melly Jurors May Remain Anonymous In Retrial

October 11, 2023 by newhiphopnews

There have been plenty of crossovers between crime and hip-hop so far in 2023. Unfortunately for the rappers involved, most of the proceedings have been slow-moving. Of course, Young Thug is still waiting for jury selection in the YSL RICO trial to wrap up. Elsewhere, YNW Melly was shockingly granted a mistrial in the summer. He and his defense team are now busy preparing for the prosecution’s retrial regarding the double murder of YNW Juvy and YNW Sakchaser.

The first time around, the jury’s identity wasn’t concealed. After Melly’s co-defendant, YNW Bortlen, was arrested on witness tampering charges earlier this month, however, a motion has been filed to keep the next round of jurors anonymous in order to protect them. As the Sun Sentinel reports, authorities uncovered “a notebook containing names and physical descriptions of the jury from [Melly’s] first trial.” In their request, prosecutors also noted that “There is evidence that suggests potential or seated jurors in the upcoming jury trial will be subjected to improper outside influences or harassment.”

YNW Melly Anxiously Awaits His Next Trial

As AllHipHop notes, selection for the Florida artist’s retrial was expected to begin on Monday (October 9). Ultimately, though, Judge John Murphy pushed things back to take a closer look at a request from the defense. Previously, they alleged that the prosecution withheld evidence in Melly’s first trial. They’re now asking for the case to be dismissed entirely, or for the Broward State Attorney’s Office to be removed. On Tuesday, a pre-trial hearing was postponed due to one of the “Murder On My Mind” hitmaker’s attorneys falling ill.

Even with the odds stacked against him, YNW Melly seems confident that he’ll once again be a free man when all is said and done. Earlier this month, the embattled artist wrote an open letter to his father, declaring that he sees himself winning his double murder trial in the end. Read more about that at the link below, and check back later for more hip-hop/pop culture news updates.

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YNW Melly Smiles In Court As Retrial Is Pushed Back

October 6, 2023 by newhiphopnews

YNW Melly appeared in court again today (October 6) for a hearing surrounding his team’s motion to recuse the Broward County State Attorney’s Office from prosecuting his alleged double murder case. The rapper’s team is accusing prosecutors of keeping it under wraps that detective Mark Moretti had obtained Melly’s mom’s cell phone without a proper search warrant.

Moretti’s seizing of the phone wouldn’t have been a problem if there had been a Broward County Sheriff’s Deputy present. State attorney Michelle Boutros alleges that she witnessed him conduct the search without one there, however. Boutros also claims she heard Moretti tell a deputy, “You need to say you were here.” Today in court, they deliberated on whether or not his demand was a joke. Judge John Murphy said that he would be deferring his decision on if the state will be recused.

YNW Melly’s Retrial Starts October 16 Or Later

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Melly’s team has also motioned for the case to be dropped entirely, which is a long shot. Murphy announced that the hearing for their motion is scheduled for October 13. Jury selection was intitially set to begin on October 9. The judge, however, has pushed the date back to make rulings on various other motions. The retrial will now begin on October 16 at the earliest, one week after the prior start date. In a new clip, the 24-year-old performer is seen being escorted into the court room, looking to be in good spirits.

His laid-back demeanor doesn’t come as too much of a surprise, as he’s remained confident that he’s headed home soon. Regardless, if he’s convicted, he could be facing the death penalty. He was also recently hit with a witness tampering charge, and accused of communicating with his co-defendant, YNW Bortlen, to try to get witnesses not to appear in court. What do you think of YNW Melly’s second trial getting delayed? Share your thoughts in the comments section down below, and keep an eye on HNHH for more updates on YNW Melly.

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YNW Melly Insists That The State Attorney’s Office Concealed Evidence To Protect Lead Detective

September 27, 2023 by newhiphopnews

The lead detective on the double murder case is being accused once again. The ever-so-dense timeline of YNW Melly’s court battles adds another layer. The Florida rapper put in another motion for the murder of YNW Sakchaser and Juvy to be dismissed. He feels that Mark Moretti, who was already called out for “excessive force,” is up against it once more. Melly and his defense attorneys are saying prosecutors withheld evidence. This surrounds Moretti’s alleged misconduct that protected him as a witness in YNW Melly’s first trial.

In documents obtained from AllHipHop, Melly’s team feels strongly that there has been a lot of wrongdoing during this battle. “Rather than presenting this to the defense so that [they] could have used it during the first trial, the State withheld this information. In fact, it is believed the highest levels of the State Attorney’s Office made determinations to not provide it to the defense, and secondly, not to pursue the internal affairs investigation.”

YNW Melly’s Team Feels There Is More Dirt On Moretti

Furthermore, they believe this would impeach Moretti, but instead, Melly has not been granted fair Process Rights. Additionally, Melly’s team also thinks they have even more evidence. “In essence, the State has intentionally done whatever it could to sanitize Detective Moretti’s actions. Although the defense has only uncovered the tip of the iceberg in this matter, this tip is sufficient for this Court to determine the Defendant’s Due Process Rights.” Melly’s retrial appears to be starting on October 9, but it was pushed back once already, so who knows if this will be a set date.

What are your initial thoughts on YNW Melly accusing the Broward County State Attorney’s Office of prosecutorial misconduct? Do you think this will help him or hurt him? Do you believe that Melly is telling the truth or is just trying to get another shot at being freed? We want to hear what you have to say about all of this. With that in mind, be sure to leave all of your thoughts and opinions in the comments section below. Additionally, always keep it locked in with HNHH for all of the breaking news around YNW Melly.

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YNW Melly Tells Family “I’m Coming Home” During Recent Court Appearance

August 4, 2023 by newhiphopnews

The drama surrounding YNW Melly and his long-running courtroom drama has taken yet another turn. A few weeks ago the judge in the case declared a mistrial after the jury couldn’t come to a definitive verdict. In the weeks since the prosecution made it clear that they would be seeking out a mistrial. Late last week that paperwork was formerly filed and the date for Melly’s next trial was set. The second trial is officially set to begin on October 2nd, a full five years after the shooting Melly is on trial for.

Now it appears YNW Melly may know something we don’t. In a recent court appearance cameras caught Melly mouthing a message to his family. That message is “I’m coming home,” which carries some massive implications despite its brevity. It’s unclear exactly what Melly meant but fans online began speculating immediately. Melly is retaining his legal team from the first trial for the second one. Perhaps he is confident that with a second time around they will have an even stronger defense that can result in an innocent plea. You can watch the short clip of Melly’s message below.

YNW Melly’s Message To Family

#YNWMellyTrial2: @YNWMelly grins and says, “I’m coming home” to family in the gallery as he leaves the courtroom. #ynwmelly #melly #ynwmellytrial pic.twitter.com/XfuEC0rBBi

— Bryson “Boom” Paul (@brysonboompaul) August 4, 2023

In the wake of the mistrial being declared stories began to leak out to the public on how it went down. Initially, YNW Melly’s mother claimed that the jury came down 9-3 in favor of Melly, leading to a mistrial. Later a reporter who has been covering the case disputed the claim and insisted that the jury was hung on a 6-6 split tie.

Later on, one juror spoke publicly about the proceedings and had a very different take. “From day one, she had issues with the foreperson selected, at one point crossing her arms and saying she was ‘Done!’ When another juror asked to not shut down and set her feelings aside, she exploded. She was explosive, manipulative, she was rude, she yelled insults at anyone who had a different opinion. She was there to cause chaos,” the juror explained. What do you think of YNW Melly’s newest message to his family? Let us know in the comment section below.

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YNW Melly Case: What’s Next?

July 25, 2023 by newhiphopnews

YNW Melly’s case has been making headlines as the jury recently declared a mistrial in his double murder trial. After three days of deliberation, the jurors were unable to reach a unanimous verdict, leading to an uncommon outcome that raises questions about what comes next for Melly and the implications this mistrial may have on his future.

The Case And The Jury’s Verdict

Melly’s trial centered around the accusation that he shot and killed his childhood friends, Anthony “YNW Sakchaser” Williams and Christopher “YNW Juvy” Thomas Jr., in a Jeep Compass back in 2018. The prosecution presented evidence claiming that Melly and his co-defendant, Cortland Henry, also known as YNW Bortlen, staged the incident as a drive-by shooting to cover up the murder. However, the defense strongly denied Melly’s involvement and emphasized the lack of a recovered gun, arguing that Melly had no motive to harm his friends.

The trial lasted for five weeks, with both the state and the defense resting their cases in the fifth week. Unfortunately, the jury foreperson revealed that the opinions among the jurors were deeply divided, ultimately leading to a deadlock. As a result, the Broward Circuit Judge declared a mistrial, leaving the case unresolved and open for future proceedings.

What Happens Next?

YNW Melly retrial case — FT. LAUDERDALE, FL – FEBRUARY 13: In this handout photo provided by the Broward’s Sheriff’s Office, rapper YNW Melly, real name Jamell Demons, is seen in a police booking photo after being charged with two counts of murder in the first degree February 13, 2019 in Ft. Lauderdale, Florida. Demons allegedly conspired with Cortlen Henry to fatally shot two other Florida based rappers, Christopher Thomas Jr and Anthony Williams, October 26. (Photo by Broward’s Sheriff’s Office via Getty Images)

The mistrial does not exonerate Melly from the charges. However, it does offer an opportunity for both the prosecution and the defense to reassess their strategies before the retrial. With a new jury likely to be selected, the final outcome of the case remains uncertain. The mistrial also highlights the rarity of such occurrences in high-profile cases, as only 10% of trials result in mistrials.

Moreover, with the mistrial declared, the Broward State Attorney’s Office confirmed to NBC 6 South Florida on Monday, July 24th that they will retry Melly on the double murder charges. Both sides will likely reevaluate their evidence and witness testimony to strengthen their respective cases. The next trial will offer an entirely new jury, whose opinions could significantly influence the final verdict. The mistrial doesn’t necessarily predict the outcome of the retrial either, as the dynamics of a new jury may lead to different conclusions.

Considerations For The Future

As the case progresses, the defense will continue to emphasize reasonable doubt, relying on conflicting evidence in the state’s case. It is also worth noting that this trial is among the first under a new Florida law that reduces the threshold for a death sentence to an 8-4 jury vote, adding another layer of complexity to the proceedings.

The mistrial in the YNW Melly double murder trial has left many questions unanswered about what comes next. Despite the jury’s deadlock, the case will proceed with a retrial. This offers both the prosecution and the defense an opportunity to present their cases afresh. As the legal proceedings continue, the world will be watching closely to see how the future unfolds for Melly.

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Tory Lanez’s New Trial Motion Denied, Rapper’s Attorneys Seeks To Have Judge Dismissed

May 9, 2023 by newhiphopnews

Despite his attempts to plead with Judge David Herriford to not “ruin his life” ahead of today’s ruling, it’s been decided that Tory Lanez will not receive a retrial in his case with Megan Thee Stallion. The embattled R&B star has been behind bars since late last yea. At the time, he was found guilty of shooting the Houston-born rap diva back in 2020. He’s obviously been maintaining his innocence. Elsewhere, Megan has finally been speaking out about her thoughts on the situation. She recently wrote a lengthy essay for Elle in which she declared her intentions to no longer publicly speak about her trauma.

Word of Lanez’s denial came on Tuesday (May 9), from reporter Meghann Cuniff who previously covered the original proceedings. According to her daily Twitter thread, things were off to a bumpy start at the LA Superior Court. Everyone in attendance was faced with delays, setting an undeniably sour tone. “It’s now 11 and there’s no word at all about when we might get to go into the courtroom for this 10:30 hearing Judge Herriford set yesterday after hearing *five hours* of argument on the motion,” she vented earlier this afternoon.

Tory Lanez Denied Second Trial

In a jaw-dropping move, Lanez’s lawyers filed a motion to disqualify Judge Herriford from Lanez’s case, then told the judge they didn’t think he could issue his ruling until the motion was resolved. Herriford disagreed.

— Meghann Cuniff (@meghanncuniff) May 9, 2023

They’re back at 1:30 to hear final comments from Lanez’s lawyers. Matthew Barhoma tried to get Judge Herriford to let him talk right then, but Herriford said the court staff needs a break. So we’re back at 1:30.

— Meghann Cuniff (@meghanncuniff) May 9, 2023

Shortly after, Cuniff returned with confirmation of the denied motions, along with some other news. “In a jaw-dropping move, Lanez’s lawyers filed a motion to disqualify Judge Herriford from [the recording artist’s] case,” the reporter dished in a tweet. “Then told the judge they didn’t think he could issue his ruling until the motion was resolved. Herriford disagreed,” her message ended.

Although the news is certainly good for Thee Stallion, who’s looking to put the past behind her, it seems as though the father of one isn’t planning on going down without a fight. His attorneys challenged each one of the seven arguments addressed by Herriford in court and will return later this afternoon to give their final comments. Are you surprised that Tory Lanez’s motion for a retrial has been denied? Let us know in the comments, and tap back in later for more hip-hop/pop culture news updates.

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Tory Lanez’s Lawyer Claims To Have New Evidence Releasing Today For National DNA Day

April 25, 2023 by newhiphopnews

Tory Lanez’s efforts to free himself from behind bars have become increasingly intense as of late. This past weekend, the embattled Canadian penned an open letter claiming that his trial with Megan Thee Stallion was unjust. Now, his new lawyer is claiming to have some interesting new evidence expected to be revealed later today. User @baezlawfirm on Instagram shared the news early on Tuesday (April 25) morning via a Story post. “Today is National DNA Day,” the attorney’s message began.

“We are happy to announce that Tory Lanez will be releasing information about the DNA in his case that gave false and misleading information to his jury,” Jose Baez later added. To conclude, the R&B star’s legal representative threw in a “#FreeToryLanez,” obviously hoping to get his client back to freedom in the near future. “You know he’s legit because he posted this on his Story…” one person quipped in @theneighborhoodtalk’s comments. “Give it up, Delicious!!!” several others wrote.

Tory Lanez’s Lawyer Gives an Update on National DNA Day

It remains unclear when Lanez plans to unleash his big news. Still, the aforementioned letter he wrote certainly gave us some insight into how he’s been feeling since his December 2022 arrest. “Until my court date, I’ll be posting the OUTRAGEOUS & DISGUSTING INJUSTICES used against me by the PROSECUTION to get the conviction they so DESPERATELY wanted, DESPITE the evidence they knew existed,” the father of one wrote in an IG post shared on his behalf last week.

His message to the LA District Attorney was markedly softer in tone, reading, “I write this message with the utmost humility, love, and respect for the remarkable stance you’ve taken in regards to fighting for the justice of Black and Brown minorities. Today I take a stance as an innocent Black Man, wrongfully convicted of a crime I DID not commit,” the Chixtapes hitmaker penned. “I was completely robbed and deprived of a fair trial.” Are you curious to see what Tory Lanez’s attorney has to share with the world today? Let us know in the comments, and read his full letter to George Gascon here.

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