The slow-moving gang and racketeering trial of Atlanta rapper Young Thug and five co-defendants could come to an end this week if the new judge grants a mistrial.
Court is set to resume Tuesday morning with a motions hearing, and several defense attorneys are expected to make their cases for why they think the 19-month-old trial should be tossed. A mistrial could mean the trial would start all over again.
It will be the first major test for Judge Paige Reese Whitaker, who inherited the complicated case less than two weeks ago, and will determine the future of a groundbreaking prosecution which used rap lyrics as evidence that Young Slime Life – or YSL – is more than just a record label but is also criminal street gang.
Whitaker is known as a sharp and efficient judge. But J. Tom Morgan, a longtime prosecutor who spent 12 years as DeKalb’s DA, said she is in a tough spot.
“If she grants a mistrial, it’s still in her lap,” he said. “If she doesn’t grant it, she’s got a tremendous job ahead of her to get up to speed and to conduct the trial … As far as (she) is concerned I think it’s a lose-lose situation.”
One former prosecutor who has been closely following the case predicted there would be a mistrial.
Atlanta attorney Chris Timmons, who served as the head of the organized crime division in the DeKalb County DA’s office, said there’s simply too much for the new judge to catch up on this far into the trial.
Credit: Seeger Gray / AJC
Credit: Seeger Gray / AJC
While Whitaker could read through court transcripts or even watch videos of previous testimony to catch up, Timmons said it would be difficult for her to determine whether the witnesses are credible without having been inside the courtroom.
“I think that’s what is likely to end the case and cause them to start all over again,” said Timmons, who estimates he’s tried more RICO cases than anyone in Georgia. “I don’t see how she proceeds without declaring a mistrial.”
Whitaker took over the case earlier this month after Chief Judge Ural Glanville was recused over his handling of a secret June 10 meeting he held with prosecutors and a state witness.
Attorney Bruce Harvey, who represents Quamarvious Nichols, is seeking a mistrial based on Whitaker’s arrival so late into the proceedings. He contends that it would “be impossible at this point” for Whitaker to be able to review 19 months of proceedings.
“Given the fact that the current Court is unfamiliar with over six months’ worth of testimony, arguments by the parties, motions by the parties and contingent rulings, this Court could not possibly make decisions based on what has occurred which the Court was not privy to nor has reviewed the record,” he wrote.
But former DeKalb County District Attorney Robert James said Whitaker and her staff could brush up on previous rulings and testimony if they want to — even in a trial that’s lasted this long.
“Typically, when a judge is recused and another judge comes in, it’s just like subbing a referee in the middle of a basketball or a football game,” James said. “You don’t start the game all over again.”
Whitaker could also decide to continue with proceedings or grant the defense’s request for a mistrial with prejudice, meaning the charges can’t be brought again.
Timmons expects that Fulton County prosecutors will be allowed to retry the case if a mistrial is granted, but says they would have to start from scratch, beginning with jury selection.
If the case proceeds, some jurors might be surprised when they return to court next month to find a new judge on the bench.
One issue raised by defense counsel is that Whitaker faces an “impossible task” if she is to instruct the jury to disregard days of testimony they heard after Glanville was initially asked to step aside.
Attorney Doug Weinstein, who represents Deamonte Kendrick, sought Glanville’s recusal two days after the secret meeting held in the judge’s chambers. But Glanville denied that request and continued hearing testimony rather than immediately halting the trial until another judge could rule on the recusal request.
As a result, jurors heard four days of “tainted testimony,” Weinstein said.
Attorneys have also argued that the actions of the prosecutors and Glanville violated their clients’ constitutional rights.
In the event of a mistrial, Timmons thinks some of the defendants have a good case for getting released on bond. Three have already filed bond motions, including Young Thug, who has been in jail since his May 2022 arrest.
Credit: TNS
Credit: TNS
The chart-topping musician, whose real name is Jeffery Williams, is accused of being the co-founder and leader of Young Slime Life. Fulton prosecutors say YSL is a criminal street gang based in south Atlanta. The rappers’ attorneys say YSL is simply the name of the star’s record label.
Williams’ attorney, Brian Steel, said if bond is granted, his client agrees to remain on house arrest for the remainder of the case. Williams is also willing to wear an ankle monitor and have an off-duty law enforcement officer watch him at home, Steel wrote in a recent filing.
Tuesday’s motions hearing is set to begin at 8:45 a.m. The jury is expected back in court August 5.
