Lawyers representing Kewon White are requesting a new trial following his conviction for capital murder in the case involving the fatal shooting of Dallas rapper MO3. The defense claims that a juror was asleep during critical portions of the trial, which they argue compromised the integrity of the proceedings.
The motion filed by White’s attorneys details allegations of jury misconduct, asserting that one juror consistently dozed off throughout the trial held in September. The defense argues that this behavior violated White’s right to a fair trial by a fully attentive jury.
“Defendant is entitled to a new trial because he was tried by a jury that included a sleeping juror, resulting in the violation of his statutory and state constitutional right to a trial by a jury of twelve,” the motion states.
This motion for a new trial is distinct from an appeal White filed at the end of September, which is currently under review. In that appeal, White contended that he was unable to afford the trial transcript, initiating a lengthy legal process that could last up to 18 months.
The motion highlights that the juror in question was seen sleeping for several minutes on multiple occasions, raising concerns among both the defense and prosecution. Despite these observations, Judge Chika Anyiam reportedly did not take effective action to address the issue, only providing brief breaks for the jurors.
Specific instances cited in the motion included moments when the juror appeared to be slumped over and unwell, yet continued to participate in the trial after assuring the judge she was fine. Ultimately, the judge decided to adjourn for the day after consulting with both parties.
Defense attorney Bree West remarked on the juror’s inactivity, stating, “The juror’s sleep was open and obvious. She would slouch down and lean back in her chair with her head tilted back, or her head would drop forward.” Co-defense attorney Myra McIntosh added that the level of inattentiveness demonstrated by this juror was more severe than what is typically seen in trials.
As the court considers the motion, it remains uncertain when or how Judge Anyiam will respond. She has a 75-day window to issue her ruling, with options to grant the motion, deny it, schedule a hearing, or let the deadline pass without a decision.
The backdrop to this case involves the tragic death of rapper MO3, whose legal name was Melvin Nobles. He was shot 11 times on Interstate 35 in 2020, with prosecutors alleging that the murder was part of a larger conspiracy orchestrated by fellow rapper Yella Beezy. White was convicted of capital murder and sentenced to life in prison after jurors reviewed evidence, including video footage of the shooting.
Yella Beezy, whose legal name is Markies Conway, has pleaded not guilty and maintains that he had no role in the crime. His trial has been delayed to allow his legal team to obtain a copy of White’s trial transcript, with proceedings now scheduled to begin on October 26. A third defendant, Devin Brown, is also facing charges in connection with the case.
