Tory Lanez’s defense team is aggressively seeking a new trial after his driver, Jauquan Smith, submitted an affidavit claiming he did not see who shot Megan Thee Stallion in the 2020 incident. What does this mean for Tory’s case? Hard to say at this juncture but it usually takes new evidence to be granted a new trial and or to win an appeal. This might be a mitigating factor to support their request.
See, defense counsel is saying Smith alleged that the prosecution did not allow him to testify during Lanez’s 2022 trial. We can’t jump out the window with this assertion but if true, this could mean the likelihood Lanez receives a new trial just got a boost.
Okay, so about that affidavit … We won’t get too deep into the legal jargon but Smith essentially stated that he witnessed Megan’s former friend, Kelsey Harris, holding a gun during a fight between Megan and Harris. Now to be clear, Smith did not see who fired the weapon, he noted that Lanez attempted to disarm Harris:
“Ms. Pete [Megan] and Ms. Harris began fighting. I pulled over to stop them. Ms. Pete and Ms. Harris both got out of the vehicle and continued to fight, both verbally and physically. I broke up this fight and was pulling Ms. Pete toward the back of the car. I saw Ms. Harris with a gun in her hand. Mr. Peterson [Lanez] ran from behind Ms. Pete and myself toward Ms. Harris. Mr. Peterson and Ms. Harris began struggling as Mr. Peterson tried to unarm Ms. Harris. I was still pulling Ms. Pete and did not see who shot the weapon,” Smith explained in the affidavit.
Hold up, hold up … The plot thickens, ya’ll …
Smith went on to claim:
“I wanted to present this evidence during Mr. Peterson’s trial but was prevented from doing so as the District Attorney was not ready to cross-examine me, and later they did not call me back due to the holidays and the court schedule. I believe I should have been allowed to present this evidence at trial.”
See if you see where this going, Lanez’s defense team is arguing that Smith’s testimony is crucial and warrants a new trial. That’s up for debate, obviously.
As expected California prosecutors have contested this request. The prosecution highlights that Lanez’s former attorney chose not to call Smith as a witness due to concerns about his bias and the repetitive nature of his testimony. We were wondering when that part would come into play. Why didn’t the defense just, um, call him as a witness?
Here’s what Deputy Attorney General Michael C. Keller stated on the matter:
”Given these circumstances, defense counsel conceded that Smith would not have been a helpful witness because of his bias and the cumulative nature of his proffered testimony.”
ICYMI, Lanez was in fact found guilty of assault with a semiautomatic firearm, illegal possession of a firearm, and negligent discharge of a gun in the 2022 trial. In 2023, he was sentenced to 10 years in prison. Real time. Real years. Easy to see why his team will keep fighting for their client.
By the way, Tory is dropping music from behind bars. “Prison Tapes” are hitting all platforms every Friday. No BS, and despite his legal peril, it’s hard to argue that the music isn’t good. Sorry ya’ll. It is what it is.
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