Drake’s attorneys are claiming the rapper nonetheless hasn’t been correctly served a deposition subpoena within the XXXTentacion homicide trial after a protection legal professional claimed course of servers had been rebuffed by armed guards on the rapper’s Beverly Hills mansion final week.
On Monday, Feb. 20, Drake’s lawyer, Bradford Cohen, tried once more to get the courtroom to strike an order to indicate trigger requiring Drake (actual title Aubrey Graham) to take a seat for a deposition. The deposition is being sought by Mauricio Padilla, a protection legal professional for one of many three suspects (Dedrick Williams), who’s steered that Graham was someway concerned in XXXTentacion’s demise. This isn’t a principle prosecutors have ever floated or given credence to, however Padilla has sought to lift doubts by highlighting an alleged feud between Graham and XXXTentacion (actual title Jahseh Onfroy).
The most recent improvement on this sideshow saga occurred final week after Graham’s attorneys first tried to quash the subpoena effort. However the choose dominated he would nonetheless must partake in some style, setting a date for Feb. 24.
In response to a Feb. 17 submitting from Padilla, obtained by Rolling Stone, the choose mentioned Cohen and Padilla must “work collectively to mutually comply with a time that was handy to Mr. Graham, agree on parameters for subjects mentioned at deposition and even said that he would think about sealing the deposition. The courtroom defined the significance of balancing the rights of the defendants to analyze this primary diploma homicide case correctly with Aubrey Drake Graham’s privateness situation.”
On Feb. 14, course of servers confirmed up at Drake’s home in Beverly Hills, the place they had been reportedly “greeted by armed guards who refused to just accept service” and “closed the colossal gate within the course of server’s face.” The method server allegedly posted the subpoena, just for one of many guards to “actually kick the subpoena down the lengthy driveway” resulting in Drake’s home.
“Apparently,” Padilla’s submitting reads, “Drake’s workers believes that bodily kicking the subpoena is a legally sound method of refusing service.”
Padilla’s submitting even included transcribed audio of the dialog that happened between the method servers and Graham’s guards. Throughout the back-and-forth, safety repeatedly insisted the method servers needed to get off Graham’s property and maintained that they had been neither anticipating any deliveries, nor approved to just accept something. In attempting to plead their case, one of many course of server’s informed the guards, “It’s only a subpoena for a digital deposition, it’s not even like a lawsuit bro.”
After one last try to serve Graham, one of many course of server’s mentioned, “By the way in which, I like Drake.” To which the guard replied, “I’m not accepting something.”
Together with attempting to serve Drake, Padilla claimed a subpoena was additionally served to Cohen, asking him if he would “settle for service on behalf of” Graham. Cohen allegedly refused service, however “talked about presumably asking for legal professional’s charges, the metaphorical equal to kicking the subpoena down the driveway.”
In his Feb. 20 response submitting, Cohen known as Padilla’s requests to expedite the deposition “fairly merely, legally unsound.” He insisted that the subpoena dropped at Graham’s home was not correctly served in compliance with California legislation, arguing that not solely was he — regardless of being Graham’s lawyer — not approved to just accept service, however neither had been the guards.
Cohen went on to argue that sanctions in opposition to Padilla had been warranted due to these alleged infractions. “[C]ounsel for the Defendant’s solely logical motive in shifting for an order to indicate trigger a second time would have been to inject celeb spectacle into an in any other case routine trial and generate headlines within the information,” Cohen mentioned, earlier than asking the courtroom to make Padilla pay Graham’s legal professional charges.
Cohen didn’t instantly return Rolling Stone’s request for remark. Padilla declined to remark.