HipHopDX has obtained a copy of an order striking the statement of disqualification, which was originally filed on May 9 but was officially served on all parties — including Lanez and his attorneys — on Thursday (June 8).
Initially, Judge David Herriford made clear that there were “no facts or circumstances which would require my disqualification or recusal in this case.” The Appellate Court also confirmed on Thursday that judge had done nothing to merit his recusal, according to the Legal Affairs and Trials blog.
“The petition for writ of mandate and request for stay are denied for failure to demonstrate entitlement to extraordinary relief,” read the Appellate Court’s decision.
Previously, Lanez’s lawyers, Matthew Barhoma and Jose Baez, filed a motion to disqualify Judge David Herriford, accusing the Los Angeles County Superior Court judge of showing favoritism to the prosecution.
Herriford presided over Tory’s two-week trial in December, which culminated in him being found guilty on three felony counts over the 2020 shooting of Megan Thee Stallion. Herriford also rejected the rapper’s motion for a new trial in May.
In their appellate petition, which was filed shortly after their new trial motion was dismissed, Barhoma and Baez cited three examples of Herriford’s “partiality” during the two-day hearing last month.
They claimed the judge directed them to present their arguments in the order he wanted instead of the order they wanted; didn’t allow them to call witnesses for live testimony; and 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.
With all legal options for his freedom exhausted, Tory Lanez is set to be sentenced on June 13, with Judge Herriford presiding.
And thanks to Lanez’s behavior throughout the trial, prosecutors are recommending a hefty sentence of 13 years in prison.
A sentencing memorandum obtained by HipHopDX was filed last week and argued Tory’s “campaign of misinformation” via music and social media posts “re-traumatized Megan” in the weeks leading up to the December 2022 trial.
It also cited Lanez’s “unprovoked attack” on August Alsina, which took place backstage at a comedy show in Chicago last September.
Prosecutors previously argued for a hefty sentence and said Tory (real name Daystar Peterson) “demonstrated a high level of callousness” and “high degree of indifference for human life” when he allegedly shot Megan in the feet during a drunken dispute in July 2020.
“Words have power and the pen is oftentimes mightier than the sword. In this case, Daystar Peterson used both,” the memorandum read. “Not content to have hurt the victim by use of his sword (gun), he also used his pen. His online posts for nearly three years have re-traumatized the victim.
“His online reach is worldwide (millions of followers plus casual observers) and the defendant’s statements embolden his followers so that they too have been complicit in re-traumatizing the victim. He is responsible for the effect of his words and his actions.”