Young Thug / YSL gang RICO trial judge suggests mistrial, but with retrial rights
The defense requested a mistrial in the Young Thug / YSL gang racketeering conspiracy trial in Atlanta, Georgia, on Wednesday during rapper Wunnie “SlimeLife Shawty” Lee’s testimony.
The request occurred after Lee read aloud a “Free Qua” caption in an Instagram post that was redacted on the copy displayed on the courtroom screen but not on the copy given to him.
The trial has had problems before with testimony indicating the defendants are in jail, which is considered prejudicial.
Nicole Westmoreland, lawyer for Quamarvious Nichols, requested the mistrial during Fulton County Deputy District Attorney Simone Hylton’s direct-examination.
“We’re not going to be able to unring this bell, Your Honor,” Westmoreland told Fulton County Superior Court Judge Paige Reese Whitaker.
She also said it’s “painfully obvious that the state is not prepping their witnesses” and pointed to Lee’s earlier testimony that he didn’t know he wasn’t supposed to say someone was in prison.
“We’re just not going to be able to unring 100 bells,” Westmoreland said.
Judge Whitaker already has appeared increasingly frustrated with prosecutors for their unpreparedness, inept trial management and much-too-large case.
Last week, she told Deputy District Attorney Seth Brown, “It is not about what the court wants or doesn’t want. Although the court does want attorneys who know how to try a case. But my rulings are based on the rules of evidence, OK?”
Whitaker told Westmoreland on Wednesday that she won’t declare a mistrial with prejudice because she doens’t believe prosecutors intentionally tried to elicit the testimony about prison to goad the defense into asking for a mistrial.
However, the judge then asked the defense if they want a mistrial without prejudice, which means prosecutors can retry them. Westmoreland asked for a moment to consider, then the attorneys spoke with Whitaker at the bench before the live stream ended for the day.
No mistrial was declared, and court is scheduled to reconvene Thursday afternoon in Atlanta. I’m not sure what time, but the cameras will be there in the morning and I’ll stream online as soon as court is in session.
Here are a few videos from Lee’s testimony.
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The 25-year-old was charged in the racketeering conspiracy indictment alongside rapper Jeffery "Young Thug" Williams, but he entered an Alford plea in December 2022, which means he did not admit guilt but acknowledged enough evidence exists for him to be found guilty.
Hylton asked Lee if YSL is a gang, and he answer that “some people treat it like that.”
“What do you treat it as?” Hylton asked.
“I treated it like that before,” Lee answered.
“You treated it like a gang before?” Hylton asked.
“Yes,” Lee answered.
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