YNW Melly - Retrial Update
YNW Melly is set to be retried on two counts of first-degree murder, on which the State seeks the death penalty. Between the mistrial and now, there has been extensive litigation about the evidence.
Rapper YNW Melly, born Jamell Demons, was tried in Broward County earlier this year on two counts of first-degree murder. In July, the trial ended in a mistrial due to a hung jury. Media reports say the jury’s vote was 9-3 for a conviction.
Between the mistrial in July and now, there has been extensive litigation about the evidence and whether the retrial should even proceed. One of the primary issues is what the defense calls “a blatant Brady violation”—undisclosed information regarding Detective Mark Moretti “solicit[ing] another officer . . . to lie for him and to state that the Deputy was present when Detective Moretti served a search warrant on Ms. King” for her phone to obtain evidence in this case. The defense says it learned of the Brady violation in September.
In late July, the defense filed a Motion for Redeposition of Detective Mark Moretti. After a hearing on the Motion on August 4, the Court denied the Motion.
On September 29, the defense deposed a member of the State Attorney’s Office regarding this issue.1
It appears, despite the extensive litigation, that retrial is set to start next week. According to AP News, “[j]ury selection is set to begin next week.” A status hearing is set for Tuesday morning at 9:00 a.m.
Defense’s Motion to Dismiss
On September 26, the defense filed a Motion to Dismiss for Government and Prosecutorial Misconduct in Violation of the Defendant’s Due Process Rights asking the Court to dismiss the indictment.
The defense’s reason for seeking dismissal was that the State withheld information “that would have impeached the credibility of Detective Moretti.”
The defense argues that this amounted to “prosecutorial misconduct” and, therefore, “double jeopardy principles apply,” requiring the Court to dismiss the indictment. The Motion notes that the State already allowed one trial to proceed without disclosing this evidence and was prepared to do so again.
Defense’s Motion to Recuse
On September 29, the defense filed a Motion to Recuse State Attorney’s Office of the Seventeenth Judicial Circuit in and for Broward County, Florida seeking to recuse the State Attorney’s Office (SAO).
The Motion argues that the prosecutor on YNW Melly’s case, ASA Kristine Bradley (the assigned prosecutor on YNW Melly’s case), knew of the Brady material since before the original trial. The Motion further argues that several Assistant State Attorneys are potential witnesses in any future trial related to this incident and regarding Detective Moretti’s truthfulness.
As a result, the Motion argues that allowing the Seventeenth Judicial Circuit’s State Attorney’s Office and specifically ASA Bradley to remain on the case would violate YNW Melly’s due process rights.
State’s Response to Defense’s Motion to Recuse
On October 6, the State filed a Response to the Motion to Recuse and a lengthy Memorandum of Law in support of the Response.
In the Response, the SAO argued that YNW Melly’s Motion “completely and utterly fails as grounds to disqualify the [SAO]. He has absolutely no standing to argue prejudice to and on behalf of the [SAO].” The State says that it will not be calling ASA Boutros as a witness and if the defense does it would not cross-examine her.
The State further argues that YNW Melly did not show that he suffered any prejudice as a result of the alleged Brady violation.
Defense’s Memorandum
On October 9, the defense filed a Memorandum RE: ASA Kristine Bradley Testifying.
State’s Motion to Quash
On October 3, 2023, the SAO filed a Motion to Quash Subpoenas and/or for Protective Orders seeking relief from subpoenas issued for several members of the SAO to testify at a hearing in YNW Melly’s case.
On October 9, the defense filed a length Response to the State’s Motion to Quash. In its Response, the defense outlines that the State has filed four Brady notices since YNW Melly’s original trial that are contradictory to each other. The defense’s conclusion summarizes its argument in the Response:
Hearings on Motions
The Court has held several hearings on the motions. No written ruling is reflected on the docket.
October 6 Hearing
The Court held a hearing on the Motion to Recuse on October 6, where the Court heard testimony from ASAs Buotros and Bradley. The Court sustained the State’s objections as to other witnesses from the SAO. A video of the hearing is available from Law & Crime here:
At the end of the hearing, the Court indicated concern regarding ASA Bradley being on YNW Melly’s case and being listed on the defense’s witness list to dispute Detective Moretti’s credibility. The Court took the issue under advisement.
Last Week’s Hearings
The Court held further hearings on pending motions late last week.
The video below from Law & Crime shows proceedings from October 10:
The video below from Law & Crime shows argument from October 11:
The video below from Law & Crime shows argument from October 13:
Law & Crime reports that the Court granted the defense’s Motion to Recuse ASA Bradley out of an abundance of caution due to the possibility that she could be called as a defense witness at trial.2 The SAO must indicate the new lead prosecutor by Tuesday.
News Articles
TFDP Prior Coverage on YNW Melly’s Case
Defense’s motions for mistrial
Court denies defense’s motion for mistrial
Jury out to deliberate in original trial
Original trial ends in mistrial
A copy of the transcript from this deposition is attached to the defense’s Response to the State’s Motion to Quash.
The document cited in this report is not available on the docket.