YNW Melly double murder trial heats up as judge considers mistrial after chaotic testimony
The first week of rapper YNW Melly’s double murder trial included hours of police and expert witness testimony. It wrapped up with a motion for a mistrial.
Broward Circuit Judge John Murphy on Thursday agreed to review court transcripts after defense attorney David Howard motioned for a mistrial, citing that the jury was now “tainted.” The mistrial motion stemmed from the state’s questioning of Felicia Holmes, Melly’s ex-girlfriend’s mother.
“The jury sat there while the state made implication after implication, introduced inadmissible evidence after inadmissible evidence to the substantial prejudice of this defendant,” Howard said. “This jury sat there and watch this fiasco unfold.”
Melly, whose real name is Jamell Demons, is accused of gunning down his childhood friends Anthony Williams and Christopher Thomas Jr., in an alleged drive-by cover up after spending the night of Oct. 26, 2018 at a Fort Lauderdale recording studio. Confidant Cortlen Henry, known as YNW Bortlen, was also arrested and charged with the murders.
The 24-year-old’s case is among the first being considered after Gov. Ron DeSantis signed a law to lower the threshold for a death sentence to an 8-4 vote.
Chaos unfolds as witness takes the stand
Holmes’ testimony was a major source of conflict for the state and the defense. Howard objected to her taking the stand, which led to several recesses and a back-and-forth between prosecutors.
Prosecutor Kristine Bradley wanted Holmes to testify about her statement to police back in 2018. Holmes statement, Howard argued, was impermissible evidence.
According to court records, Holmes told investigators that Melly spoke to them via FaceTime that night and said he was the victim of a drive-by shooting that left two of his friends dead. Holmes, according to court records, also said it looked like he was hiding and waiting to be picked up.
Murphy, however, allowed the state to question Holmes. Her testimony was interrupted more than 10 times for prosecutors and defense attorneys to resolve points of contention with the judge.
On the stand, Holmes, who prosecutors declared a “hostile witness,” denied lying to the police and said she couldn’t remember her previous statements, including what Melly said on FaceTime the night of the murders and what her daughter’s phone number was back in 2018.
“That was four years ago,” Holmes explained while shaking her head. “I’ve had so much trauma in my life since then.”
While questioned, Holmes identified her daughter, Melly and Melly’s friend Fredo Bang in photos the prosecution displayed. According to the state, Fredo picked Melly up the night of the murder after he sent Fredo a pin to his location.
Prosecutors also brought up a series of messages sent in June 2022 from Holmes’ Instagram account, in which she said “yalll can call me Mz Snitch B**** bc I’m airing his a** out to the prosecutor” after Melly’s team allegedly failed to take care of her financially — despite promising to do so. Holmes said she didn’t recall that exchange and denied saying anything written in those messages.
“Judge in my entire career, I have never heard the state imply with no evidence whatsoever that the defense team would take care of this witness,” defense attorney Stuart Adelstein said after the jury left for the week. “Not only does it taint our client...but it taints everybody at this table.”
Near the end of her testimony, Holmes told Adelstein she felt threatened by Bradley. When Bradley asked Holmes if she had threatened her in writing or with physical violence, Holmes responded: “You’ve been intimidating me this whole time.”
Prosecutors claim Holmes was arrested while traveling in 2022 after she failed to make it to several court appearances. But Holmes says she was never served a subpoena — and that’s why she hired an attorney to represent her.
“The state basically has me on a monitor,” Holmes said. “I have to go to my job like this. People think I’m a criminal. The state has ruined my life.”
Murphy will make a decision on the motion when court reconvenes Tuesday in Broward County.
What would a mistrial mean?
Mistrials usually occur after a jury is unable to reach a verdict or if there was misconduct or a serious error that could lead to an unfair trial.
This, however, doesn’t mean the defendant is found innocent.
If a judge declares a mistrial, prosecutors may pursue a new trial within 90 days of the original trial in most cases.