By Alice Redpill
On Monday, Nov. 18, Judge Melissa Damian responded to Melly’s lawsuit against the Broward County Sheriff’s Office, where the embattled rapper accused the Broward Sheriff’s Office – Main Jail Bureau, of cruel treatment and asked for his immediate release. “On or before December 6, 2024, the respondents shall file a memorandum of fact and law to show cause why this Petition should not be granted, and shall file there with all documents and transcripts necessary for the resolution of this Petition, the ruling, obtained by XXL on Wednesday, Nov. 20, states. If the response is not submitted by Dec. 6, YNW Melly could be released on bond until his upcoming trial. If the Sheriff’s Office does respond, Melly has 14 days to counter their answer.
Will the Prosecutors get the response in time? Back On October 15, NBC 6 South Florida reported that during a recent pretrial hearing, Melly’s other attorney, Raven Liberty, urged the court to address over a dozen pending motions that have been unresolved for months. Liberty informed the judge that her team had made multiple attempts to schedule hearings for approximately 15-20 outstanding motions but faced challenges with the prosecution. “We could not get the state to agree to any dates,” Liberty explained, emphasizing that the motions had been filed before May. Leaving the prosecution ample time to respond. Some still haven’t been answered. It’s November and a lot of these were filed in May. Giving the prosecutors plenty of time to respond.
Because this involves bail will they move quicker this time?
The prosecution, in turn, stated that they were struggling to determine which motions applied to which case and requested a list to properly organize their responses. The latest update comes after YNW Melly, sued the Broward County Sheriff’s Office on Nov. 2. Melly, who has been in jail since February of 2019 fighting a double murder case, claimed his constitutional rights are being violated. The suit claims Melly has not been able to make phone calls for the past 3 years and has been subjected to “debilitating isolation.” Melly’s attorney, Michael A. Pizzi, released the following statement to XXL about the suit, “We are asking a Federal Judge to order the immediate release of Jemell Demons (a.k.a. YNW Melly) because the Broward County jail system has been violating his Constitutional Rights. The refusal to let Melly see his family and the interference on his legal representation violates the Constitution and cannot be allowed to stand and will not be allowed to stand.”
The prosecutor, Alixandra Buckelewin, days into first rounds of jury selection, requested that the South Florida rapper’s mother be barred from sitting through the retrial. Jamie King, Mellys mother, was accused of having contact with jurors. Murphy ordered King to avoid prospective jurors and areas where they may congregate to protect them from “further interference.” After a junior saw her crying and said she made intense eye contact with her. But King told the Miami Herald that none of that happened, adding that she was “completely bewildered” by the accusations. When prosecutors argued for the ban in front of Murphy. King said she felt like she was being bullied and was so uncomfortable that she decided to leave jury selection early. She said the only chance she gets to see her son, who doesn’t have access to phone calls or visitation, is during his court appearances. And that she will continue to show up and support him.
The Broward County Sheriff’s Office in response released a statement to XXL in response to the lawsuit. “The Broward Sheriff’s Office does not generally comment on pending litigation,” the statement reads. “However, the jail does not utilize ‘solitary confinement.’ Rather, Mr. Demons has been placed on administrative segregation, which is a classification resulting in an alternate living assignment for an inmate whose placement in the general population poses a serious threat to the safety of staff or inmates, or life and property.”
However when we looked up what “administrative segregation” meant the definition came up as read: Administrative segregation, also known as solitary confinement, is a form of housing for inmates in the prison system that involves isolating them from the general population. It’s used to deal with serious inmate misbehaviour, and can include inmates who are suicidal, in pre-hearing detention, or need medical or mental health segregation.
Is he a danger to general pop or is his status? “Administrative segregation” is just a fancy word for solitary confinement. Which BSO claims they aren’t doing. Melly’s Lawyers also argue that “his accomplice” Cortlen Henery, who was driving that night, was let out on Bond. Therefore, Melly should as well. Both Henry and Demons have pleaded not guilty in the Oct. 26, 2018, shooting deaths of Anthony Williams of Gifford 21 YNW Sakchaser and Christopher Thomas Jr. 19 of Fort Pierce YNW Juvy. Both just kids. They were considered childhood friends of Melly.
Allegedly, in 2018 after a late-night recording session; Melly and Cortlen drove the two friends home but the night ended in death. Henery and Melly are accused of making it look like a drive-by shooting. Melly’s lawyers stated he was at home asleep and Henery was the killer. The trail for Melly ended in a mistrial because of a hung jury, last July. The State is moving forward with retrying the South Florida rapper. This time around, Melly, has been additionally charged with witness tampering. His second trial was initially set to begin on Oct. 9, 2023. However, the case has been delayed over and over due to dozens of motions being filed on both sides.
“His cruel treatment by the Broward Detention authorities warrants his immediate release from pretrial detention since the detaining authorities have shown such a callous disregard for his human dignity Right to Counsel,” the lawsuit states. But in an official order released Friday the judge denied the request.
The judge has denied him bail before. In Sep 22, 2023, one of the mothers of one of his alleged victims, spoke over Zoom, said she was worried for her safety if he was to be released. “I don’t think he should receive a bond, he’s innocent until proven guilty but he has money and I don’t want anything to happen to me and my family, no bond please,” said Leondra Phillips, the mother of Christopher Thomas. She also took to facebook and posted after the mistrial was declared, “Lord I don’t know if I can’t take this.. my son is dead for no reason.”
Now listen, we are all for fair justice but some of these conditions that these prisoners live in are horrendous. Also, why can’t he talk to his family? Or lawyers? Murder is a very serious crime but we also we need remember— innocent until proven guilty. Right? And he has yet to be labeled as such. So why the restrictions?
Melly’s latest trial date has been set for Sept. 10, 2025. He is being held at BSO on no bond. The judge has set a pretrial meeting for December 5, 2024. In terms of the more recent tampering case. Prosecutors have said they are seeking the death penalty for Demons, if he is convicted.
Tampering with witness, violation of amendments and a alleged misconduct…this is sure to be a spicy trail.
