YNW Melly must stay in jail, judge rules, as rapper’s new trial approaches. What to know

Rapper YNW Melly will remain behind bars as his second double murder trial approaches.

After deferring his decision last week, Broward Circuit Judge John Murphy on Thursday denied Melly’s bid to be released from jail before his retrial. The rapper has been at the Broward jail for since February 2019, when he turned himself in to police.

Melly appeared in court on Sept. 15 for an Arthur hearing, which allows courts to consider setting bonds for defendants charged with crimes that aren’t usually eligible for bail. In August, defense attorney Stuart Adelstein requested the special hearing to possibly set a bond for Melly before the trial begins with jury selection on Oct. 9.

In an Arthur hearing, the state has to establish that “proof is evident and the presumption great” that the accused person is guilty. This is a high burden — often considered even greater than proof beyond a reasonable doubt.

Melly, 24, whose real name is Jamell Demons, is accused of gunning down his childhood friends Anthony Williams and Christopher Thomas Jr. in an alleged drive-by after spending the night of Oct. 26, 2018, at a Fort Lauderdale recording studio. Williams and Thomas, both aspiring rappers with the YNW collective, were known as YNW Sakchaser and YNW Juvy, respectively.

Melly is among the first defendants to go to trial after Florida Gov. Ron DeSantis signed a law to lower the threshold for a death sentence to an 8-4 jury vote, from the previous requirement for a unanimous vote.

Melly’s first trial ended in late July when Murphy declared a mistrial. After three days of deliberation, the jury told Murphy it was deadlocked and couldn’t reach a verdict.

At the proceeding, Adelstein claimed that because the last jury was unable to reach a verdict, there’s reasonable doubt about guilt, meaning that the evidence didn’t meet the high burden.

”At least, give him the opportunity for a bond because he’s presumed innocent. And there’s no way in heck that the state, based upon the lack of a verdict, can carry their burden.”

In her rebuttal, prosecutor Kristine Bradley shed more light on the mistrial, claiming that a single juror, who is a fan of the rapper and lied during jury selection, caused the hung jury. Bradley urged Murphy to consider the thoughts of the victims’ families before making a ruling.

Appearing on Zoom, Leondra Phillips, the mother of Thomas, said she doesn’t believe Melly should receive a bond given the “serious accusations against him.”

“I don’t want anything to happen to me or my family, so I don’t think he should be granted a bond,” she said.

What else is going on in the YNW Melly case?

On Thursday, the defense argued in more than 10 court filings that Murphy should consider throwing out evidence extracted from Melly’s cellphone, email addresses and social media accounts.

Adelstein had warned Murphy about the slew of filings at last week’s hearing, during which Murphy quipped that he thought the retrial would be simpler.

“It’s going to be more complicated, I will advise the court,” Adelstein said last week. “We’ve taken somewhat of a new approach to certain issues.”

Melly is set to appear in court next Wednesday, according to court records. His trial, which could last through January, will begin with jury selection on Oct. 9.