Attorneys for YNW Melly have filed an application for bond for the embattled rapper, who is currently incarcerated as he awaits his second trial for first-degree murder charges.
YNW Melly’s first trial resulted in a mistrial late last month, and the prosecution is currently going through the motions of filing in preparation for a new trial which is set to begin on October 9, 2023.
The Florida rapper, whose real name is Jamell Demons, is being represented by attorneys Stuart Adelstein, Raven Liberty, and Jamie Benjamin, and according to reports from Law & Crime, they have made an application for bond.
The pleading set out says that since his arrest in 2019 pursuant to a warrant for his arrest by the Miramar Police Department, Melly “has remained in custody over four years and has never requested a Bond Hearing until now,” and that he was incarcerated despite his co-defendant YNW Bortlen being similarly charged with first-degree murder and an additional two (2) Counts of Accessory After the Fact.
YNW Bortlen’s bond was later revoked, and he is now back in jail awaiting trial.
The memorandum of law filed by attorneys acknowledges that Melly is charged with non-bondable offenses, but the Court has the discretion to grant bail even in capital cases as outlined by the precedent State v Harper [1980].
“Since the criteria for denial of bond is that the proof of guilt is evident and the presumption great that the Defendant committed the crimes charged, the Defendant submits that he must be granted reasonable bail. In fact, the “proof evident presumption great” standard is stronger than proof beyond a reasonable doubt to deny a Defendant a bond,” his lawyers wrote.
The attorneys are basing their application on the fact that YNW Melly’s mistrial was proof that the State failed to satisfy the burden of proof that Melly had committed the crimes of First-Degree Murder.
“Since the standard of proof to deny a Defendant bond/bail is the highest standard of proof (proof is evident and presumption great) and the State failed to do so, the Defendant is entitled to a bond,” the memorandum said.
In the meantime, the Prosecution lost a motion last week to re-depose Detective Mark Moretti in the upcoming trial. The prosecution is also seeking to have both Melly and co-accused Cortlen’ Bortlen’ Henry tried together during the October trial.
The judge has not ruled on that motion as yet. As for the bond application, a hearing has been set for August 18, 2023.
