Tory lanez – Source: Greg Doherty / Getty
After weeks of delays in preparing to request a new trial Tory Lanez’s motion for that new trial has been denied leaving his legal team desperate.
Last December Tory Lanez was found guilty in the 2020 shooting of Megan Thee Stallion. Without delay, Lanez was immediately taken into custody two days before Christmas. Since he began his incarceration rumors have floated around that he would likely seek a new trial. After multiple days Judge David Herriford denied Lanez’s motion for a new trial. In the opposition filed prosecutors highlighted the multiple eyewitnesses, the gun found at his feet, and recorded apologies as reasons to object to Lanez’s request.
“The defendant’s brief is replete with colorful rhetoric and conclusory statements, but it lacks substance,” according to the 16-page opposition to Lanez’s motion for new trial. “Despite being nearly 80 pages long, the defendant has failed to cite a single instance of error in the trial court.”
“As the court is aware, the right to a fair trial is a cornerstone of our justice system. However, a motion for a new trial must be based on substantial legal grounds and supported by evidence. It is not a vehicle for a litigant to reargue their case or to make vague and unsupported allegations,” according to the filing, which is signed by Deputy District Attorney Alexander Bott.
Herriford went through the seven main arguments from Lanez’s lawyers and dismantled each one. He concluded there were no errors. But he also said even if he concluded each error existed, the errors didn’t have a material affect on the outcome of the trial to warrant a new trial.
— Meghann Cuniff (@meghanncuniff) May 9, 2023
In what can only be described as a hail mary move, Lanez’s attorneys then filed a motion to disqualify Judge Herriford from the case. This move was done with the belief Herriford could not deny a retrial until the disqualification motion was satisfied.
In a jaw-dropping move, Lanez’s lawyers filed a motion to disqualify Judge Herriford from Lanez’s case, then told the judge they didn’t think he could issue his ruling until the motion was resolved. Herriford disagreed.
— Meghann Cuniff (@meghanncuniff) May 9, 2023
Judge Herriford in the most professional way possible reminded Tory’s team of his responsibilities as a judge. Then he reminded them the fumbling of the case isn’t his fault. Horriford even suggests maybe they should have focused on other evidence in order to have a better defense. For now, Tory’s hopes of becoming a free man are dead in the water.
The judge said his job is to look at all the evidence in the case, “not cherry pick very small portions.” He said the Instagram comment “that’s not true” that Lanez’s lawyers took issue with was really a very minor part of the trial.
— Meghann Cuniff (@meghanncuniff) May 9, 2023
