Attorneys for Daystar Peterson (Tory Lanez) are reportedly attempting to disqualify Los Angeles County Superior Court Judge David Herriford after he ruled against their motion for a new trial in the case of Megan Thee Stallion’s 2020 shooting.
“In a jaw-dropping move, Lanez’s lawyers filed a motion to disqualify Judge Herriford from Lanez’s case, then told the judge they didn’t think he could issue his ruling until the motion was resolved. Herriford disagreed,” writes Meghann Cuniff, a local legal affairs reporter who is live tweeting from the courthouse. The court will reconvene at 1:30 p.m. Pacific Time, she says, to hear final arguments from Peterson’s defense team.
Update, May 10, 10 a.m. EDT: Peterson’s attorneys’ attempts to disqualify Judge Herriford have failed. He will not be granted a new trial.
Peterson was found guilty in December of assault with a semiautomatic handgun; carrying a loaded, unregistered firearm in a vehicle; and discharging a firearm with gross negligence, all felonies. If the conviction stands, Peterson will face up to 22 years and eight months in prison.
Peterson’s attorneys were able to delay his sentencing in January, however, lobbying the judge for more time to prepare a motion for a new trial. They filed that motion in March, alleging jurors in the initial trial were “erroneously allowed” to see an incriminating Instagram comment that should not have been admitted as evidence.
Last month, Peterson wrote an open letter to Los Angeles County District Attorney George Gascón taking “a stance as an innocent Black Man wrongfully convicted of a crime I DID not commit.” He reportedly continued his emotional appeal in a hearing Monday, addressing Judge Herriford, who is Black: “Please don’t rule on my life. I could be your son. I could be your brother.”