BREAKING: Broward County judge denies defense motions for mistrial in YNW Melly trial.
BREAKING: Broward County judge denies defense motions for mistrial in YNW Melly trial.
Rapper YNW Melly’s trial resumed in Broward County, Florida, this morning. The Court has denied the defense's motions for mistrial from last week.
On Tuesday, rapper YNW Melly’s trial on two counts of first-degree murder resumed in Broward County, Florida. Video is available from Law & Crime here. The judge said that one juror was absent due to being in the emergency room.
Court Denies Defense Motions for Mistrial
Last week, the defense made two motions for mistrial, which the Court took under advisement. (Covered here.) Between that time and Tuesday morning, according to defense counsel this morning, the Court denied the motion after finding that there was not “sufficient prejudice” to warrant a mistrial.
The defense made a motion this morning to strike the evidence solicited from Ms. Holmes via a jury instruction. The Court asked the defense to put the motion in writing.)
The guilt phase of the trial will proceed.
Update 6/23/2023: The trial court’s Order denying the motion is now available on the docket and is dated 6/16/2023. Here’s the court’s conclusion:
Explanation of Capital Trials in Florida
Capital murder trials in Florida proceed in two phases: the guilt phase and penalty phase.
In the guilt phase, the jury hears evidence related to the defendant’s guilt for the crimes charged. At the conclusion of the guilt phase, the jury determines whether to convict the defendant. A conviction must be by a unanimous jury vote.
If the defendant is convicted of first-degree murder (for which the State has notified its intent to seek death), then the trial proceeds to the penalty phase. During the penalty phase, both sides present additional evidence related to the appropriate sentence. That evidence relates to what is known as “aggravation” and “mitigation.”
At the end of the guilt phase, the jury must make determinations related to its recommendation as to the appropriate sentence—either life in prison without the possibility of parole, or death.
The Court has held that Florida’s new capital sentencing statute applies in YNW Melly’s case. As a result, the jury instructions in the penalty phase of this trial will follow the new statute, requiring that only eight jurors vote to recommend a sentence of death.1 If the jury recommends a sentence of death, the trial judge can review the jury’s recommendation and sentence YNW Melly to either life in prison without the possibility of parole, or death.
TFDP’s Prior Coverage of the YNW Melly Trial
Background on the defense’s motions for mistrial is covered here.
TFDP covered the entire legislative process that led to this new statute being enacted. It is available in the TFDP Archive.