Attorneys for YNW Melly are seeking to have the double murder case against him in Broward dismissed, claiming prosecutors withheld information about the lead detective that could have been used in his first trial.
Lawyers for the rapper, whose real name is Jamel Demons, filed a motion to dismiss the case on Tuesday.
Melly appeared in court Wednesday morning where Broward Judge John Murphy said he would give prosecutors time to respond to the motion.
The motion claims Miramar Police Det. Mark Moretti used "excessive force" when he allegedly unlawfuly took the phone of Jamie King, Demons' mother.
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It also claims Moretti executed a search warrant outside of his jurisdiction to take the phone and was "willing to conspire with" a Broward Sheriff's deputy "to obstruct justice and to create false filings."
"Rather than presenting this to the defense, so that the defense could have used it during the first trial,the State withheld this information," the motion reads.
Miramar Police told NBC6 last month that they'd received a complaint from King's lawyer and were looking into it. Moretti, a 20-year veteran, has never been under any type of administrative investigation, police added.
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The initial trial for Demons ended in a mistrial back in July.
Demons, now 24, is accused of shooting and killing two childhood friends, Christopher Thomas Jr. and Anthony Williams, in October of 2018. They were all part of the YNW rapper collective.
Demons, Williams and Thomas were riding in a Jeep driven by Cortland Henry, known as YNW Bortlen, after a recording session in Fort Lauderdale when Demons fatally shot Williams and Thomas, prosecutors said. Authorities said Demons and Henry staged the crime scene to resemble a drive-by shooting.
Demons has pleaded not guilty and faces a possible death sentence if convicted.
Murphy last week denied bond for Demons. The re-trial is set to begin Oct. 9 with jury selection.
