No decision on bond for YNW Melly as rapper’s second trial approaches. What to know

The judge in YNW Melly’s double murder case has postponed ruling on the rapper’s request for a bond at a special hearing.

Broward Circuit Judge John Murphy will issue a decision in writing at a later time. The judge conducted an Arthur hearing, which allows courts to consider setting bonds for defendants charged with crimes that aren’t normally eligible for bail. In August, defense attorney Stuart Adelstein requested the special hearing to possibly set a bond for Melly before the trial begins with jury selection on Oct. 9.

In an Arthur hearing, the state has to establish that “proof is evident and the presumption great” that the accused person is guilty. This is a high burden — often considered even greater than proof beyond a reasonable doubt.

Melly, 24, 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 after spending the night of Oct. 26, 2018, at a Fort Lauderdale recording studio. Williams and Thomas, both aspiring rappers with the YNW collective, were known as YNW Sakchaser and YNW Juvy, respectively.

Melly is among the first defendants who will go to trial after Florida Gov. Ron DeSantis signed a law to lower the threshold for a death sentence to an 8-4 jury vote, from the previous requirement for a unanimous vote. Melly’s first trial ended in late July when Murphy declared a mistrial. After three days of deliberation, the jury told Murphy it was deadlocked and couldn’t reach a verdict.

Friday’s proceeding didn’t follow the usual structure of an Arthur hearing, which is almost like a mini trial, because Murphy had already heard the evidence throughout the first trial. The state and the defense, however, still presented arguments on the potential bond.

Adelstein claimed that because the trial jury was unable to reach a verdict, there’s reasonable doubt about guilt, meaning that the evidence doesn’t meet the high burden. The rapper, he argued, isn’t a flight risk.

“Melly was born in Florida, raised in Florida. He has no passport. His mother and his family is here as they have been here almost every day of the trial,” Adelstein said. ”At least, give him the opportunity for a bond because he’s presumed innocent. And there’s no way in heck that the state, based upon the lack of a verdict, can carry their burden.”

In her rebuttal, prosecutor Kristine Bradley shed more light on the mistrial, claiming that a single juror, who is a fan of the rapper and lied during jury selection, caused the hung jury. Bradley urged Murphy to consider the thoughts of the victims’ families before making a ruling.

Appearing on Zoom, Leondra Phillips, the mother of Thomas, said she doesn’t believe Melly should receive a bond given the “serious accusations against him.”

“I don’t want anything to happen to me or my family, so I don’t think he should be granted a bond,” she said.

If the rapper is granted a bond, in which he would put up money and agree to conditions to be free until trial, it would be his first time out of jail in more than four years since he was put behind bars in February 2019. Melly, who grew up in Gifford, a small community on the Treasure Coast, relocated to South Florida after rising to fame.

What else happened at the hearing?

In late August, defense attorneys claimed that Miramar Police Detective Mark Moretti, the lead investigator in the case, is himself under investigation over an incident with a potential witness. However, a police spokesperson said that only a complaint had been made against the detective.

Court filings didn’t delve into the nature of the incident between Moretti and the potential witness, though the police spokesperson confirmed the complaint was made by Jamie King, Melly’s mother.

Referencing the incident with the detective, Bradley said Friday that she had a copy of a letter that says the complaint was unfounded. But Adelstein told the judge the defense is entitled to an investigation — and that he intends on interviewing and taking a statement from a prosecutor who witnessed the altercation.

Adelstein also mentioned motions the defense recently filed and warned Murphy that more are on the way. One filed recently urged the judge to have prosecutors turn over copies of the evidence presented at the first trial. Bradley said she began creating copies of the evidence but can’t hand over a copy of Melly’s phone because it contains explicit photos of an underage person. While the defense objected to Bradley’s position on the phone, Murphy didn’t rule on the issue.

After hearing about upcoming court filings, Murphy quipped that he thought the retrial would be simpler.

“It’s going to be more complicated, I will advise the court,” Adelstein said. “We’ve taken somewhat of a new approach to certain issues.”

The state and the defense also set a tentative schedule for the trial, which could possibly last until January because of the holidays.

This story was originally published September 15, 2023 at 12:48 PM.

Grethel Aguila

Miami Herald

Grethel covers courts and the criminal justice system for the Miami Herald. She graduated from the University of Florida (Go Gators!), speaks Spanish and Arabic and loves animals, traveling, basketball and good storytelling. Grethel also attends law school part time.