The Tory Lanez jury needs more time. This afternoon, in the trial of Daystarr Peterson vs The State of California, the jurors were dismissed without having rendered a verdict to Judge David Herriford. The jury must return tomorrow with the heavy task of delivering their decision before the long holiday weekend.
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The jury had been deliberating for over five hours in the case of The People Vs Daystar Peterson as they prepare to render a verdict in the 2020 shooting incident with Megan Thee Stallion that rocked the music world. Jurors left at 4 p.m. and will resume deliberations at 9 a.m. Dec. 23.
By 3:50 p.m., jurors, in the assault case against Lanez, asked for “a better definition of the word ‘willfully’ and ‘on purpose.” Jurors also agreed to wait until Dec. 23 for a written response from the court.
Earlier, jurors notified the court, at 1:45 p.m. PT that they had a question. The jury foreman requested a “read back” of the testimony of 911 caller, Sean Kelly, who is the sole witness to the shooting. The Court Reporter read the testimony back.
If the jury doesn’t come back with a verdict, there’s a risk of a mistrial considering the long holiday season on the verge of unfolding and the availability of the jurors before the start of 2023. Jurors undoubtedly had holiday plans that could make it difficult to return.
Though unlikely, a mistrial could occur over a “legal necessity” per California Law penal code. In California, “legal necessity for a mistrial typically arises from an inability f the jury to agree or from physical causes beyond the control of the court such as the death, illness or absence of the judge or juror.” If an
“I don’t think the judge will declare a mistrial if a juror doesn’t appear on Tuesday,” offers LA criminal defense attorney, Afi Patterson, Esq. “For instance, should a juror get sick, we would probably wait until that person gets better. But, everything is in the judge’s discretion. The judge weighs things like judicial efficiency, and fairness to the witnesses, defendant, and victims. He is not going to easily enter a mistrial. It’s just not likely.”
If an empaneled juror must be removed and no remaining alternates remain, a mistrial will not be legally necessary unless the defendant first rejects proceeding with fewer than 12 jurors. (Larios v. Superior Court, 24 Cal.).
In their closing arguments, the prosecution told the jury that “ just because Lanez was drunk, it doesn’t excuse him for shooting Megan.”
Los Angeles district attorney Alex Bot also said Megan, though trying to be strong, was visibly shaken during her interrogation.
He said she lied in her first statements to the police to protect the people in the car, including Lanez. This was at a time Black Lives Matter rallies were unfolding around the country.
Bot said Megan’s testimony should be enough evidence to prove that Lanez shot her. He also noted that Harris and Kelly’s testimonies support Megan’s.
Lanez’ attorney, George Mgdesyan, pointed out that Sean Kelly, in his previous statements,said he saw “flashes” from a woman. It wasn’t until he came to court that he added that he saw “the little guy” come out of the car and he appeared to see a struggle with Kelsey Harris, Megan’s former assistant.
Mgdesyan, after calling Megan a “liar” led a series of questions and pointed out no one addressed who was the owner of the gun. And, according to the defense, there was no confirmation whether Megan came out of the back or the front of the car. He also brought into question why the LAPD officers took DNA from Lanez, but not DNA from Jaquan Smith, Lanez’ driver or Harris.
The defense also made an effort to poke holes in the prosecution’s points asking — why Megan’s and Kelly’s stories are so different and why Harris got use immunity over transactional immunity?
He also said there’s no audio recording of the DA’s interview with Megan and her team. He pointed at Megan’s attorneys present in the courtroom and called them out for passing notes to the district attorney.
At lunchtime, the defense and prosecution ended their closing arguments.
As day 11 of the trial of singer, Daystarr Peterson, also known as Tory Lanez unfolds at the Los Angeles Superior Court, the 911 caller, Sean Kelly, said he saw Lanez and Kelsey Harris, Megan’s former assistant, with something that looked like sparks or fireworks after hearing the explosive sounds. Kelly didn’t use the word “gun” to describe what he saw in Harris and Lanez’ hands.
