YNW Melly’s Motion To Dismiss Murder Charges Considered By Judge
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YNW Melly recently caught a break in his favor, as a judge has taking a motion to dismiss the double homicide charges against him into consideration.
During a hearing on Wednesday (Sept. 27), Broward County Judge John Murphy said that he would give the prosecution time to respond to the motion, which was obtained by AllHipHop and filed by Melly’s legal team on Tuesday (Sept. 26).
According to the filing, the rapper’s legal team has accused the State of witholding evidence of alleged police misconduct by one of the detectives on the case. The defense’s motion to dismiss the homicide charges levied against their client hinges on their belief that the prosecution failed to disclose that Mark Moretti, the lead detective, executed an illegal search warrant during the investigation.
The rapper’s attorneys claim that Moretti’s search warrant to confiscate Melly’s mother phone as evidence was illegal due to the search occuring outside of his jurisdiction. Moretti is also accused of using excessive force during the search.
According to Melly’s lawyers, not having this evidence during trial was damaging to their case, as it would’ve allowed them to cross-examine Moretti and question him on whether he committed a criminal act by forcefully taking the rapper’s mother, Jamie King’s, phone.
“It would have shown that Detective Moretti was willing to lie as to who served the search warrant, an official court order, and it would have shown that Detective Moretti was willing to conspire with [Broward County Sheriff’s] Deputy Gorel to obstruct justice and to create false filings,” the motion continues.
A representative for the Miramar Police Department released a statement stating that they were investigating accusations against Moretti made in a complaint by King connected to the alleged illegal search. According to the Miramar PD, Moretti is a veteran of law enforcement who “has never been under any type of administrative investigation.”
This past June, YNW Melly’s murder trial for the deaths of 21-year-old Anthony “YNW Sakchaser” Williams and 19-year-old Christopher “YNW Juvy” Thomas ended in a mistrial. Melly’s second trial for the double homicide is scheduled to begin Oct. 9.
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