Prosecutors tried to add two new witness tampering costs to Tory Lanez’s felony assault trial on Monday however had been shut down by the choose who stated they waited too lengthy.
Los Angeles Deputy District Legal professional Kathy Ta entered her movement for the brand new costs on Monday, citing California Penal Code 136.1, which makes it a criminal offense to try to dissuade a witness.
“It’s primarily based on testimony by each the sufferer and Ms. (Kelsey) Harris,” about “statements the defendant made within the automobile, providing them one million {dollars}” to remain silent in regards to the taking pictures that wounded Megan in each ft on July 12, 2020, Ta instructed the court docket.
Decide David Herriford responded by asking why prosecutors waited so lengthy contemplating Megan made the underlying allegation early within the case. Ta stated she wasn’t certain how Harris was going to testify, however on condition that she did seem to corroborate Megan’s declare throughout her activate the witness stand, they determined to file over the alleged “$1 million bribe.”
Lanez’s protection lawyer George Mgdsyan objected Monday, saying prosecutors had identified since September what Harris’ testimony possible could be, and the court docket agreed. Herriford stated the late addition positioned the protection in a “tough place” when it comes to planning and response time.
“I believe it’s unfair at this juncture, so I might deny that movement,” the choose stated.
Lanez, whose authorized title is Daystar Peterson and is a citizen of Canada, pleaded not responsible to a few felony costs within the high-profile case together with assault with a firearm inflicting nice bodily harm; concealing a loaded, unregistered firearm in a car; and the not too long ago added depend of discharging a firearm with gross negligence.
If convicted as charged, the Alone at Promenade rapper faces 22 years and eight months in jail and subsequent deportation.
Earlier on Monday, prosecutors had been unable to find an necessary witness and requested the court docket for an additional day to current their case or permission to re-open their presentation after protection rests. Whereas the witness was not named, a supply instructed Rolling Stone that prosecutors had been referring to Megan’s former bodyguard Justin Edison.
Over the weekend, Megan’s lawyer Alex Spiro stated Edison went “lacking” forward of his anticipated testimony within the case. “He was set to testify. He’s anyone who’s all the time plugged-in, on the grid, responsive, and as he’s set to testify in a violent crimes case, he goes lacking,” Spiro stated.
In his opening assertion final week, Deputy District Legal professional Alexander Bott instructed jurors that Edison would take the stand, and state he visited Lanez’s home a day after the taking pictures and heard the rapper confess to being the triggerman.
“Because the court docket can see, there was vital due-diligence with respect to this witness,” Ta argued on Monday, asking for extra time.
Decide Herriford signaled he would enable prosecutors to chorus from resting their case as they searched for his or her witness. “Alright, let’s see how far we will get,” he stated.
Prosecutors then re-called two prior witnesses earlier than handing the reins to Peterson’s protection. LAPD Officer Sandra Cabral returned to the stand first to introduce police bodycam footage displaying the police cease after the taking pictures. Jurors noticed video of Harris being handcuffed, crying and asking, “Megan, you okay?” as Megan limped away to an ambulance, additionally in handcuffs.
Cabral stated she didn’t see Tory Lanez’s “demeanor” as he was handcuffed and stood along with his head down, going through a wall.
On cross-examination, protection lawyer George Mgdesyan requested if Cabral recalled listening to Lanez additionally specific concern for Megan, saying, “Meg-o, you’re gonna to be OK, you OK?” Prosecutors objected to the query, and the choose agreed it was improper, so the officer didn’t reply.
Prosecutors then recalled a D.A. investigator to ask in regards to the so-called diss observe focusing on Megan that Harris launched in November 2020 titled “Bussin Again.” They highlighted the lyrics, “You already know it wasn’t me,” and “All you needed to do was clear your greatest buddy title,” apparently to additional fight the protection principle that Harris may have been the shooter.
Mgdesyan later known as Megan’s former stylist Eric Culberson to the stand to testify in regards to the celebration he attended at Kylie Jenner’s home with Megan, Harris and Peterson forward of the taking pictures.
Culberson, identified professionally as EJ King, corroborated Harris’ prior testimony that Megan and Harris left Jenner’s home alone in a Cadillac Escalade with Peteron’s driver earlier than they allegedly returned to retrieve Peterson a short while later. When she testified final week, Megan stated she didn’t depart the celebration till she was in a position to persuade Peterson to hitch her.
The stylist additionally stated he by no means heard Megan or Harris declare that Tory carried a gun, and that he didn’t see a firearm at any level the evening of the alleged taking pictures.