Tory Lanez's sentencing delayed, gag order lifted
The rapper's lawyers asked for more time to prepare their motion for new trial in his felony case for shooting Megan Thee Stallion in the Hollywood Hills in July 2020.
Tory Lanez is now scheduled to be sentenced on April 10 for shooting fellow rapper Megan Thee Stallion, unless a judge grants his looming motion for new trial.
Lanez, legal name Daystar Peterson, agreed to the delay on Tuesday during a brief appearance before Los Angeles County Superior Court Judge David Herriford.
“Alright, Mr. Peterson, we’ll see you back here on April 10,” Herriford said.
The 30-year-old has been in jail since a jury convicted him on Dec. 23 of assault with a firearm, negligent discharge of a firearm and possession of an unregistered firearm. Jurors also found that Lanez caused great bodily harm to Megan Thee Stallion, a 27-year-old three-time Grammy winner whose legal name is Megan Pete.
In addition to rescheduling the sentencing, Herriford on Tuesday lifted a gag order he imposed last April that prohibited Lanez from publicly speaking about the case or about Megan.
Lanez’s new lawyer David Kenner said after court that the gag order was “a terrible injustice, and the judge fixed that this morning.” Asked what issues he’ll be raising in his new trial motion, he said, “When you see the motion, he’ll know.”
Kenner and his co-counsel Matthew Barhoma requested the gag order be lifted and asked for the sentencing delay to allow them more time to prepare their motion for new trial. They appeared in court in person, while Lanez’s other new lawyer, high-profile Florida-based criminal defense lawyer Jose Baez, joined the hearing via phone.
Deputy District Attorneys Alexander Bott and Kathy Ta did not object to the delay, so the request was basically a procedural move that was destined to be approved.
It also was not unusual. Defense lawyers frequently request more time to prepare for sentencings or to prepare post-verdict motions such as motions for new trial.
One current issue for Lanez’s lawyers is transcripts from trial sidebars, which are private meetings between counsel and the attorneys that are conducted outside the presence of the jury but with the court reporter present to transcribe.
Barhoma asked Herriford about unsealing the sealed sidebar transcripts from Lanez’s trial, saying the court reporter told him they will take two weeks to prepare. Herriford said some will need to remain sealed, which prompted Kenner to ask if defense counsel was present for them. Herriford said some but not all. The judge also said he wasn’t clear which ones will need to remain sealed but said he’ll look into the issue this week.
Kenner and Barhoma replaced Lanez’s trial lawyer, George Mgdesyan, as Lanez’s counsel last month. Kenner has a storied history as a lawyer within the hip-hop world, including successfully defended Snoop Dogg in his 1996 murder trial. His other clients have included Death Row Records co-founder Suge Knight, including briefly in his recent manslaughter case but not during the plea deal that put him in prison for 28 years. Kenner did, however, represent Knight in the civil wrongful death trial afterward.
Kenner was joined at the courthouse Tuesday by Michael “Harry-O” Harris, a former imprisoned drug kingpin who is the founder of Godfather Entertainment and co-founded Death Row with Knight.
Kenner has been a licensed attorney in California since 1968 while Barhoma has been licensed since 2017.
Baez is not an appellate specialist, and he’s never tried a case in California. But he’s experienced with high-profile trials, and he told TMZ in January that they often include procedural mistakes that can be brought up post verdict. He declined to speak about the specifics of Lanez’s case, saying he hadn’t yet formally appeared as his attorney. But, he said, “I certainly wish I had come in sooner as opposed to later.”
“Unfortunately this is the way it is, and he’s got me now and I’m certainly willing to give him everything I have,” Baez told TMZ.
Kenner and Barhoma secured the first sentencing delay during their formal appearance for Lanez on Jan. 13. Bott and Ta said then that they would be willing to consider an additional continuance, depending on how quickly the trial transcripts would be available.
New trial motions typically encompass different issues than those considered by the appellate court, said attorney Lee Stonun, who is not involved in Lanez’s case.
“Generally speaking, when a motion for a new trial is successful, it is based on something that judge was not aware of during the trial, for instance, juror misconduct or evidence being withheld by the prosecution,” Stonum told me for a Los Angeles Magazine article in January.
“It’s very rare to see a new trial motion granted based on the kinds of things that win appeals, such as erroneous admission of evidence or failure to exclude evidence, because the motion is made in front of the judge who already made the evidentiary rulings,” Stonum continued.
Tuesday’s hearing was brief. Judge Herriford had to ask Lanez if he agreed to continue his sentencing and “waive time” as they say in court regarding mandated deadlines for sentencing under state law. Lanez, wearing orange jail garb and a black wave cap, answered, “Yes, Your Honor,” when Herriford asked if he agreed to the delay.
Lanez faces up to 22 years and eight months in prison if he doesn’t get a new trial. He also could be deported to Canada, where he is a citizen. Prior to the hearing, prosecutors will file a memorandum before sentencing that recommends a specific number of years in prison and explains why. Lanez’s attorneys will do the same.
The July 12, 2020 shooting occurred about 4:25 a.m. after Megan got out of an Escalade driven by Lanez’s driver, Jaquan Smith, as they drove from a pool party at reality star Kylie Jenner’s Hollywood Hills home.
The trial began on Dec. 12 and drew huge attention. You can find my coverage for Law & Crime News here. I also created PDFs of each Twitter trial thread I wrote, which you can download here.
Like several others, I obtained copies of the trial exhibits through a public records request. I haven’t posted everything, but I’ve posted the main stuff such as Lanez’s phone call to Megan’s now-former friend Kelsey Harris on July 12, 2020.
It was hours after the shooting, and Lanez was in jail on a gun charge. He was released that day on bond, then charged later with assault after Megan spoke with the Los Angeles County District Attorney’s Office four days later and said Lanez had shot her. She’d initially told police she’d merely stepped on glass. (Trial witnesses included an assistant surgeon who operated on one of her feet.)
There’s also Kelsey’s full interview with prosecutors three months before trial. Kelsey recanted this interview on the witness stand, but Judge Herriford allowed prosecutors to play it in full for the jury after Mgdesyan repeatedly implied in his cross-examination of Kelsey that prosecutors unfairly pressured her.
Then there’s this footage of Los Angeles police stopping Lanez’s Escalade on Hollywood Boulevard and Formosa Avenue minutes after the shooting.
Thank you for reading Legal Affairs and Trials with Meghann Cuniff. I am experimenting with more frequent postings as a way of moving away from Twitter, but I am not emailing everything so check the homepage for news.