Tory Lanez's Request For A New Trial Denied, Lawyers File Motion To Remove The Judge From The Case

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After multiple delays,  Tory Lanez's legal team filed a motion for a new trial that was swiftly denied by a Judge who said that there was "no error, prosecutorial misconduct or newly discovered evidence" in the case.

In December, Tory Lanez was found guilty in the 2020 shooting of Megan Thee Stallion and he was immediately taken into custody.  Since then, his lawyers have pledged to fight for a new trial claiming that the use of an Instagram post and photo of the rapper's gun tattoo as evidence was prejudicial, but on Tuesday, May 9 their efforts were ultimately unsuccessful.

Judge David Herriford denied Lanez's motion for a new trial, reports ABC News and legal affairs journalist Meghann Cuniff who was on hand in court. Cuniff also noted that on Monday, Lanez begged the Judge "not to ruin his life."

"I could be your son. I could be your brother," Lanez reportedly told Herriford.

ABC News reports that Lanez's attorneys were "disappointed" from the start of the all-day oral arguments that transpired regarding their motion, and pleaded with Judge Herriford to allow them to give an elaborate presentation complete with audio-visuals and witnesses.

The judge however shut it down, reports the publication.

"Herriford would have none of it, insisting instead on narrow legal arguments on the precise issues raised, the norm for such motions in California court.

"I feel that I would be ineffective if we proceeded," defense attorney Jose Baez said. "Mr. Peterson has the right to due process for which he is entitled."

When it was the prosecution's turn, prosecutors highlighted their multiple eyewitnesses, the gun found at Lanez's feet, and Lanez's recorded apologies as reasons to object to his request for a new trial.

"The defendant's brief is replete with colorful rhetoric and conclusory statements, but it lacks substance," according to the 16-page opposition to Lanez's motion for new trial journalist Cuniff reported. "Despite being nearly 80 pages long, the defendant has failed to cite a single instance of error in the trial court."

"As the court is aware, the right to a fair trial is a cornerstone of our justice system. However, a motion for a new trial must be based on substantial legal grounds and supported by evidence. It is not a vehicle for a litigant to reargue their case or to make vague and unsupported allegations," according to the filing, which is signed by Deputy District Attorney Alexander Bott.

Herriford went through the seven main arguments from Lanez's lawyers and dismantled each one. He concluded there were no errors. But he also said even if he concluded each error existed, the errors didn't have a material affect on the outcome of the trial to warrant a new trial.

— Meghann Cuniff (@meghanncuniff) May 9, 2023

In what can only be described as a hail mary move, Lanez's attorneys then filed a motion to disqualify Judge Herriford from the case after already presenting their case under protest. This move was done with the belief Herriford could not deny a retrial until the disqualification motion was satisfied.

 

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

Per Cuniff, Judge Herriford went on to remind the lawyers that a jury believed the prosecution "beyond a reasonable doubt."

The judge said his job is to look at all the evidence in the case, "not cherry pick very small portions." He said the Instagram comment "that's not true" that Lanez's lawyers took issue with was really a very minor part of the trial.

— Meghann Cuniff (@meghanncuniff) May 9, 2023

via: https://bossip.com/2320633/tory-lanez-new-trial-denied/