Likelihood of YSL mistrial growing after judge’s recusal, experts say
ATLANTA - More than two years into a sweeping RICO indictment that accuses rapper Young Thug and five others of running a criminal street enterprise, the fate of the case that involves hundreds of witnesses and is being lauded as the most expensive in county history is now in question with the possibility of a mistrial looming.
On Monday, motions filed seeking to recuse Fulton County Superior Court Judge Ural Glanville from the case were granted by Fulton County Judge Rachel Krause. Defense attorneys filed the motions claiming Glanville showed bias toward the state after it was revealed in court he met with prosecutors and their witness, Kenneth Copeland, on June 10 after Copeland refused to testify the day prior.
"There are instances where you can have an ex-parte communication that deals with scheduling, but one of the requirements is you notify the defense immediately about that…that did not occur," former Georgia Bar Association President Lester Tate told FOX 5.
He says another key factor in the decision was Glanville’s defense of his actions.
"You don’t defend yourself and that’s one of the things she put in the order," he added.
In her ruling, Krause said while the court has "no doubt that Judge Glanville can and would continue presiding fairly over this matter…preserving the public's confidence in the judicial system" weighs in favor of excusing him from the case.
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Manny Arora, a criminal defense attorney and former Fulton County prosecutor unrelated to the case, says he believes she made the right decision.
"Almost sort of strong arming the witness to testify and the defense not knowing about it and the government being present…it just leaves a very bad odor," Arora explained. "The DA’s office has just made a mess out of this whole thing."
Now the case will be reassigned to another judge. Previous rulings Glanville made can be re-visited. Whether it will move forward, be declared a mistrial, or be tossed out completely, will also rest in that judge’s hands. Both Tate and Arora say it’s very likely defense attorneys will try to get the case thrown out.
"I’ve tried hundreds of cases over a hundred jury trials, and I don’t think I’ve ever seen a case that has the confluence of all the events that have come forward," Tate said.
The Fulton County District Attorney's Office declined to comment. Another judge could be assigned to the case in the next day or two. It’s unclear when the case will resume.