In documents obtained by Rolling Stone, Lanez’s new lawyers argue that the judge “erroneously allowed” jurors to view an Instagram comment made by Lanez’s account claiming that Megan’s former best friend Kelsey Harris was not the shooter.
Lanez’ account replied “That’s not true” on a post by The Shade Room that read “People saying Kelsey shot her.” The filing includes a declaration from Lanez’s content creator, Joshua Farias, who says he was managing Lanez’s Instagram at that point and left the comment.
Lanez’s attorneys allege that the Instagram comment was admitted into evidence mid-trial, which did not give the defense enough time to figure out who wrote the reply. They claim the post amounted to an apparent admission by Tory that Kelsey didn’t fire the gun. The defense’s entire case hinged on claims that Kelsey was the shooter, which she denied during her trial testimony.
“The court erred on numerous questions of law in allowing the People to introduce this post, depriving defendant of a fair trial,” the motion reads. “The only acceptable remedy for this miscarriage of justice is a new trial.”
In paperwork filed Wednesday, the defense argues that prosecutors unfairly “painted defendant as a gun-wielding career criminal” by introducing a shirtless photo of Lanez with a tattoo of a gun to insinuate that he had a fondness for weapons.
In December, Lanez was convicted on all three counts-assault with a semiautomatic handgun, carrying a loaded, unregistered firearm in a vehicle, and discharging a firearm with gross negligence. He faces up to 22 years and eight months in prison and deportation when he is sentenced.
Earlier this year, he hired a new legal team, including David Kenner, and successfully delayed his sentencing until April so they could prep a motion for a new trial.
Kenner, who has represented Suge Knight and Snoop Dogg, has since dropped out of the case. “Due to a scheduling conflict, David Kenner will no longer be a part of my defense team,” Lanez said. “I would like to thank Mr. Kenner for his hard work and wise counsel. Jose Baez will continue to represent me as first chair and Matthew Barhoma as second chair.”
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