Tory Lanez has exhausted all his choices for freedom — and now, the disgraced rapper awaits his sentencing within the taking pictures of Megan Thee Stallion.
HipHopDX has obtained a replica of an order placing the assertion of disqualification, which was initially filed on Could 9 however was formally served on all events — together with Lanez and his attorneys — on Thursday (June 8).
Initially, Choose David Herriford made clear that there have been “no facts or circumstances which would require my disqualification or recusal in this case.” The Appellate Courtroom additionally confirmed on Thursday that choose had executed nothing to benefit his recusal, in keeping with the Authorized Affairs and Trials weblog.
“The petition for writ of mandate and request for stay are denied for failure to demonstrate entitlement to extraordinary relief,” learn the Appellate Courtroom’s choice.
Beforehand, Lanez’s legal professionals, Matthew Barhoma and Jose Baez, filed a movement to disqualify Choose David Herriford, accusing the Los Angeles County Superior Courtroom choose of displaying favoritism to the prosecution.
Herriford presided over Tory’s two-week trial in December, which culminated in him being discovered responsible on three felony counts over the 2020 taking pictures of Megan Thee Stallion. Herriford additionally rejected the rapper’s movement for a brand new trial in Could.
Of their appellate petition, which was filed shortly after their new trial movement was dismissed, Barhoma and Baez cited three examples of Herriford’s “partiality” throughout the two-day listening to final month.
They claimed the choose directed them to current their arguments within the order he wished as an alternative of the order they wished; didn’t permit them to name witnesses for dwell testimony; and interrupted them and minimize them off once they have been arguing.
“Conversely, the judge gave the People a full and fair opportunity to present argument uninterrupted, even when the case cited by the People did not stand for the proposition that they advanced,” the protection attorneys wrote.
With all authorized choices for his freedom exhausted, Tory Lanez is ready to be sentenced on June 13, with Choose Herriford presiding.
And because of Lanez’s conduct all through the trial, prosecutors are recommending a hefty sentence of 13 years in jail.
A sentencing memorandum obtained by HipHopDX was filed final week and argued Tory’s “campaign of misinformation” through music and social media posts “re-traumatized Megan” within the weeks main as much as the December 2022 trial.
Tory Lanez Begs Choose Not To ‘Wreck My Life’ As New Trial Hangs In Stability
It additionally cited Lanez’s “unprovoked attack” on August Alsina, which came about backstage at a comedy present in Chicago final September.
Prosecutors beforehand argued for a hefty sentence and mentioned Tory (actual identify Daystar Peterson) “demonstrated a high level of callousness” and “high degree of indifference for human life” when he allegedly shot Megan within the ft throughout a drunken dispute in July 2020.
“Words have power and the pen is oftentimes mightier than the sword. In this case, Daystar Peterson used both,” the memorandum learn. “Not content to have hurt the victim by use of his sword (gun), he also used his pen. His online posts for nearly three years have re-traumatized the victim.
“His online reach is worldwide (millions of followers plus casual observers) and the defendant’s statements embolden his followers so that they too have been complicit in re-traumatizing the victim. He is responsible for the effect of his words and his actions.”
