Lawyers for Tory Lanez have filed a motion to dismiss Los Angeles County Superior Court Judge David Herriford for favoring the prosecution.
In December last year, Tory was found guilty on three felony counts related to the shooting of Megan Thee Stallion after a two-week trial that was presided over by Herriford.
In May, the rapper’s motion for a new trial was also denied.
Last month, both lawyers, Matthew Barhoma and Jose Baez, cited three instances of Herriford’s “partiality” during the two-day hearing last month in their appellate petition, which was submitted soon after their fresh trial motion was denied.
According to Lanez’s lawyers, the judge directed them to present their arguments in the order he wanted instead of the order they wanted; he didn’t allow them to call witnesses for live testimony; and he interrupted them and cut them off when they were arguing.
“Conversely, the judge gave the People a full and fair opportunity to present argument uninterrupted, even when the case cited by the People did not stand for the proposition that they advanced,” the defense attorneys wrote.
“Together, these facts reveal such a high degree of favoritism or antagonism as to make fair judgment impossible,” they added. “Given these facts, a reasonable person would fairly entertain doubts concerning the judge’s impartiality. As a result, disqualification is required.”
However, during the second day of the hearing on Lanez’s motion for a new trial, Herriford gave a “verified answer” in a written order because he knew Barhoma and Baez would try to have him disqualified by going to the appellate court.
“I am not prejudiced or biased against or in favor of any party to this proceeding or their counsel,” he wrote. “All rulings made by me in this action have been based upon facts and arguments officially presented to me and upon my understanding of the law. … All statements made by me and all actions taken by me in this proceeding have been done in furtherance of what I believe were my judicial duties.”
The petition has remained unanswered for nearly three weeks, and it’s uncertain whether the court will take it into consideration before Lanez is sentenced, according to Law &Crime reporter Meghann Cuniff.
If Judge Herriford rules in favor of the prosecution, Tory might receive a term that exceeds the authorized maximum of 22 years and 8 months in prison.
