Lawyers for Kewon White are seeking a new trial after alleging that a juror repeatedly fell asleep during testimony in the case over the murder of Dallas rapper MO3.
White was convicted of capital murder in September and sentenced to life in prison without parole. His defence has now filed a motion claiming that the sleeping juror meant he was not tried by a properly functioning jury of 12.
Defence alleges juror missed key evidence
The motion alleges that the juror dozed off almost every day, sometimes for several minutes before waking and then falling asleep again.
It says both the prosecution and defence raised concerns with Judge Chika Anyiam during the trial. According to the filing, the court either took no action or allowed only brief breaks, after which the juror resumed sleeping.
One incident cited by the defence involved the juror slumping over and appearing to be unwell. Although she said she was fit to continue, the judge later agreed to end proceedings for the day after speaking with lawyers on both sides.
Defence lawyer Bree West said the juror’s conduct had been “open and obvious”, claiming she was at times not watching witnesses, lawyers or exhibits being shown in court.
Co-counsel Myra McIntosh said the issue went beyond the occasional brief lapse in attention sometimes seen during long trials. She alleged the juror slept on and off for hours and missed “material evidence from material witnesses”.
Appeal filed separately
The request for a new trial is separate from an appeal filed by White at the end of September. His appellate lawyers have said the appeal will involve a review of the trial record rather than an automatic retrial.
It is not yet clear when Judge Anyiam will rule on the new-trial motion. Under the applicable procedure, she has 75 days to act and could grant or reject the request, order a hearing to examine the evidence, or allow the deadline to expire without a ruling.
MO3, whose legal name was Melvin Nobles, was shot and killed on Interstate 35 in Dallas in November 2020. Prosecutors alleged that the attack formed part of a murder-for-hire plot involving fellow rapper Yella Beezy, whose legal name is Markies Conway.
White was accused of being the gunman. Conway has pleaded not guilty to capital murder and denied involvement. His trial is scheduled to begin on October 26, while Devin Brown, another defendant charged in the case, also faces a capital murder allegation.
