YNW Melly’s lawyers want to remove the Broward prosecutors’ office from case. But why?
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The double murder trial of rapper YNW Melly
The double murder trial of rapper YNW Melly, whose legal name is Jamell Demons, has had many twists and turns since the South Florida artist was accused of killing his childhood best friends Anthony Williams and Christopher Thomas Jr. in 2019.
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After a busy week filled with court filings, YNW Melly’s legal team is asking the judge to bar the prosecutor — and her colleagues — from retrying the double murder case.
The rapper’s defense lawyers on Friday urged Broward Circuit Court Judge John Murphy to recuse all employees from the State Attorney’s Office for the Seventeenth Judicial Circuit from the retrial. The filing was centered around Miramar Police Detective Mark Moretti’s alleged wrongdoing and a supposed cover-up by the State Attorney’s Office, a theory the defense has incorporated into its strategy.
READ MORE: YNW Melly’s lawyers urge judge to throw out rapper’s double murder case. Here’s why
“In essence, there are too many witnesses from the Seventeenth Judicial Circuit State Attorney’s Office... for this State Attorney’s Office to remain as the prosecutors in this case,” the filing says.
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.
He’s among the first defendants to 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.
So, what’s happening?
In late August, defense attorneys learned that Moretti, the lead detective in the case, was ”under investigation” for an incident involving excessive use of force against a potential witness. They accused prosecutor Kristine Bradley of a Brady violation, or concealing information favorable to the defense, for allegedly not divulging details about an incident Moretti.
Under Florida law, prosecutors are required to disclose any information that may be favorable to the defense. The discovery of Brady violations, in some cases, have even led to overturned convictions.
Bradley, in court documents, said that Moretti was taking a statement from Jamie King, Melly’s mother, in a conference room on the seventh floor of the Broward courthouse. Prosecutor Michelle Boutros, King’s attorney Robert Trachman and Broward Sheriff’s Office Sgt. Jason Hendrick were present at the time.
At some point, Hendrick stepped out, and Moretti executed a search warrant for King’s phone, according to Bradley’s filing.
Shortly after, BSO deputy Adam Gorel arrived at the conference room. Moretti, according to prosecutor Boutros, subsequently told Gorel that he should say he was present when he executed the search warrant.
Moretti later asked Gorel whether he was there when the phone was taken, and Gorel said something along the lines of: “I can be if you needed me to be.”
According to a filing by Christopher Killoran, a prosecutor with the Public Corruption Unit, Moretti told Bradley that the statement he made to Gorel — and Gorel’s response — were merely jokes.
What’s the defense arguing now?
While defense attorneys said they’re “still trying to unwind exactly what transpired,” they claim that decisions on what to do about the Moretti incident “reached the highest realm of the State Attorney’s Office.”
Their recent filing also shed more light into their questioning of Boutros — the prosecutor who witnessed the incident.
“Very shortly after the deposition, Ms. Boutros let her superiors know of Detective Moretti’s willingness to fabricate testimony,” the filing said. “She also informed those superiors that she would never work with Detective Moretti on a case.”
READ MORE: YNW Melly’s lawyers are challenging evidence as retrial looms. Here’s what — and why
The rapper’s legal team said that they plan to call Boutros to the stand to testify about Moretti’s credibility. They may even call Bradley, as she had conversations with Moretti about the incident. That, however, would raise issues.
“Nothing could destroy a witness credibility more than her own office calling another witness to contradict her,” the filing argues.
Prosecutors and defense attorneys will discuss the request with Murphy at a hearing scheduled for Friday.
This story was originally published October 2, 2023 at 5:50 PM.
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