Why the YNW Melly murder trial will go on. What his lawyer wanted and what judge ruled
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The murder case of YNW Melly
Keep up with the latest on the trial in Broward County Circuit Court.
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Rapper YNW Melly’s double murder trial will continue, the judge ruled Tuesday morning.
That was in doubt until Broward Circuit Judge John Murphy denied defense attorney David Howard’s motion for a mistrial. Howard argued last week that the jury was now “tainted” after the state’s questioning of Felicia Holmes, the mother of Melly’s ex-girlfriend.
Howard asked the judge to strike evidence that couldn’t be verified, but Murphy told him to instead submit a motion in writing.
Melly, whose real name is Jamell Demons, is accused of gunning down his childhood friends Anthony Williams and Christopher Thomas Jr., in an alleged drive-by cover up after spending the night of Oct. 26, 2018, at a Fort Lauderdale recording studio. Confidant Cortlen Henry, known as YNW Bortlen, was also arrested and charged with the murders.
Williams and Thomas, both aspiring rappers with the YNW collective, were known as YNW Sakchaser and YNW Juvy, respectively.
The 24-year-old’s case is among the first being considered after Gov. Florida Ron DeSantis signed a law to lower the threshold for a death sentence to an 8-4 vote.
How a mistrial could have changed the case
If a judge declares a mistrial, that doesn’t mean a defendant is found innocent. Mistrials usually occur after a jury is unable to reach a verdict or if there was misconduct or a serious error that could lead to an unfair trial. If a judge declares a mistrial, prosecutors may pursue a new trial within 90 days of the original trial, in most cases.
A mistrial in Melly’s case would function just like in any other case, even though he faces death, said Craig Trocino, director of the University of Miami School of Law’s Innocence Clinic.
“Once the death penalty is on the table, the degree of difficulty in everything goes up a couple of notches,” Trocino said. “The tension level’s higher, the stakes are much, much higher, the case is much, much bigger. But the law ... is usually the same.”
The judge, Trocino said, could craft a “curative instruction” and tell jurors they’re not allowed to consider specific evidence or testimony in their deliberations. The defense, however, could again argue that the jury was tainted to the point that an instruction won’t fix the problem.
“If the judge denies the motion for mistrial, but things like this keep happening the defense argument is going to be, essentially, ‘Here we go again. The jury was tainted back in June and now they’re tainted again. ...There’s no way that we can have a fair trial.’”
If Melly is convicted and appeals, the Florida Supreme Court will review the court transcripts, including the mistrial motion, Trocino said. The judges may find that the mistrial should have been granted — and bring the case all the way back to square one.
What went down on the witness stand?
Holmes’ testimony was a major source of conflict for the state and the defense. Howard objected to her taking the stand, which led to several recesses and a back-and-forth with prosecutors.
Prosecutor Kristine Bradley wanted Holmes to testify about her statement to police back in 2018. Holmes statement, Howard argued, was inadmissible evidence.
According to court records, Holmes told investigators that Melly spoke to his girlfriend via FaceTime that night and said he was the victim of a drive-by shooting that left two of his friends dead. Holmes, according to court records, also said it looked like Melly was hiding and waiting to be picked up.
Murphy, however, allowed the state to question Holmes. Her testimony was interrupted more than 10 times for prosecutors and defense attorneys to resolve points of contention with the judge.
On the stand, Holmes, who prosecutors declared a “hostile witness,” denied lying to the police and said she couldn’t remember her previous statements, including what Melly said on FaceTime the night of the murders and what her daughter’s phone number was back in 2018.
“That was four years ago,” Holmes explained while shaking her head. “I’ve had so much trauma in my life since then.”
Prosecutors also brought up a series of messages sent in June 2022 from Holmes’ Instagram account, in which she said “yalll can call me Mz Snitch B---- bc I’m airing his a-- out to the prosecutor” after Melly’s team allegedly failed to take care of her financially — despite promising to do so. Holmes said she didn’t recall that exchange and denied saying anything written in those messages.
Near the end of her testimony, Holmes told defense attorney Stuart Adelstein she felt threatened by Bradley. When Bradley asked Holmes if she had threatened her in writing or with physical violence, Holmes responded: “You’ve been intimidating me this whole time.”
Prosecutors claim Holmes was arrested while traveling in 2022 after she failed to make it to several court appearances. But Holmes says she was never served a subpoena — and that’s why she hired an attorney to represent her.
“The state basically has me on a monitor,” Holmes said. “I have to go to my job like this. People think I’m a criminal. The state has ruined my life.”
This story was originally published June 20, 2023 at 10:26 AM.
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