Legal experts say a mistrial is likely, and that, if there is a retrial, it probably wouldn’t start until next year. The jurors, who have heard eight months of evidence, would have to be replaced in a retrial. Put simply: The trial would start from scratch.
This latest development in the case also raises questions about whether the defendants should remain in jail. And it frees up Glanville for other prosecutions that have been on hold.
The case was originally reassigned to Judge Shukura Ingram, but she later recused herself due to a former deputy assigned to her having a romance with a co-defendant.
Credit: Jason Getz
Credit: Jason Getz
How did we get here?
It all started when a key state witness, Kenneth Copeland, was called to testify on June 7. Copeland originally refused to testify, even after being granted immunity, and pleaded the Fifth Amendment. As a result, he was held in contempt.
Prosecutors called a meeting with Glanville, Copeland and Copeland’s then-attorney Kayla Bumpus on June 10 to discuss Copeland’s testimony. Defense attorneys were outraged when they found out about the secret meeting.
After Young Thug’s attorney Brian Steel complained about the meeting in court, Glanville held him in contempt for refusing to reveal how he found out about the meeting in the first place. Defense attorneys quickly filed motions to recuse Glanville from the case, citing judicial misconduct.
Credit: Jason Getz
Credit: Jason Getz
Glanville originally denied those motions and continued with the case, until July 1 when he decided to halt proceedings and let another judge determine whether he should remain. On Monday, Judge Rachel Krause ruled that Glanville should no longer preside over the case.
Mistrial likely
Attorneys for Young Thug, whose real name is Jeffery Williams, have already filed a motion for a mistrial, with other defendants expected to follow. Williams’ attorney Keith Adams said the case has been “irrevocably tainted” and a mistrial is the “only fair and just resolution at this point.”
“There are many things that have taken place during the course of this trial in terms of rulings that we believe mandates a mistrial at this point,” he said.
Credit: arvin.temkar@ajc.com
Credit: arvin.temkar@ajc.com
But while legal experts agree a mistrial is likely, the new judge has other options. The new judge could try to move the trial forward.
Another wrinkle is that, under Georgia law, everything that happened in the case after Glanville received the first recusal request on June 12 is essentially voided by the granting of that request. Glanville allowed the jurors to hear testimony and see evidence between June 12 and June 17.
Whatever the new judge decides, Adams said they have a herculean task to get caught up with everything that has happened in the trial since its inception in January 2023. The new judge will also have to reconsider motions and rulings that were made in 2022, before jury selection began.
Atlanta trial attorney Chris Timmons, a former prosecutor who has closely monitored the YSL case, said it would be impractical to continue with the trial at this point.
“It will have to be retried,” he said. “There’s no way they can just pick up where they left off. They’ve got to start over.”
A new trial?
If a mistrial is declared, it may or may not allow for a new trial.
In a July 10 mistrial motion, Williams’ attorneys argued that the case can’t be retried due to misconduct by the prosecutors. That’s one of many decisions before the new judge.
It’s unlikely that a new judge would be able to clear their calendar for a retrial until next year, since they already have other trials scheduled and separate cases that need to be dealt with.
Williams’ previous demand for a speedy trial could factor into a retrial date. Under Georgia law, the case “shall be tried” during the court’s next regular term if a mistrial is granted. In Fulton County, court terms are about two months long.
The district attorney’s office isn’t expected to concede defeat on a case as big as this one, and will push to retry it, Timmons said. He said retrying a case is frustrating, but it allows both sides to learn from mistakes made the first time around.
While a new jury would have to be selected for a retrial, that process should be more efficient under Ingram’s direction, Timmons said. He said the new judge will likely put time limits on the questioning of prospective jurors to speed things up.
“There was no reason why they needed to take a year to pick this jury,” he said. “You can get a jury like this in a couple weeks if you do it efficiently.”
Credit: Miguel Martinez/AJC
Credit: Miguel Martinez/AJC
Motion for bond
All the defendants currently on trial, including Young Thug, have been held in jail for more than two years since they were indicted in May 2022. Their attorneys are expected to file motions for bond reconsideration in coming days.
Some of the defendants may not be impacted because they are serving time on separate charges, including one who is serving a life sentence for murder. Others have charges outstanding.
Of the 28 defendants originally indicted in the case, only one, Miles Farley, received a bond of $625,000 after his attorney was jailed for bringing his own prescription medication to court. Glanville denied multiple bond requests.
Jury in the box
At the end of every day of trial, Glanville instructed the jurors not to talk about or research the case and to avoid related news items. Though the jurors have been out of court since June 17 and a new judge is now in charge, they must still adhere to those instructions until dismissed from jury service.
Adams said presumably the jurors are conscientious and have followed the court’s instructions so as not to violate their oath. He said the new judge will have to determine how to deal with the jury once court is back in session.
What’s next for Glanville?
While handling the YSL case has been the main priority for Glanville, he is also presiding over another big prosecution: the death penalty case against Robert Aaron Long, the suspect in the March 2021 shootings in metro Atlanta in which eight people were killed and a ninth was wounded.
Long was already convicted in Cherokee County and sentenced to life in prison but DA Fani Willis decided to pursue the death penalty for his Fulton County charges. A motions hearing has been scheduled for Aug. 2.
Glanville, an Army veteran, also handles veterans court every other Friday morning.
Timmons said Glanville’s reputation and credibility have taken “significant hits” over his handling of the YSL case.
“Unfortunately it’s one minor mistake in a very long career, however it’s a very public mistake,” he said.
Glanville declined a request to comment for this story.
