By Tai Saint Louis
Attorneys for Remy Ma filed a motion in a Manhattan Court Room this week appealing the verdict handed down against the rapper in March of this year.
In court documents, the lawyers argue that errors committed by the judge presiding over the 15 day trial may have lead to an inaccurate verdict.
At issue specifically, were the judge’s instructions regarding the testimony of Remy’s victim, Makeda Smith-Barnes, who was shot by the rapper outside a New York City nightclub during an argument over $3000.
In closing arguments on March 24, Remy’s attorney Ivan Fisher argued that Smith-Barnes’ testimony actually supported his client’s explanation of the shooting as an accident.
However, the jury was instructed that if they believed the victim to be “truthful and accurate,” under the law, her words were enough to establish reasonable doubt.
Additionally, Fisher was barred by the court from arguing that the shooting in fact occurred during a struggle for the .45 caliber automatic handgun which, allegedly resulted in Smith-Barnes being shot in the abdomen at close range.
These two instructions, the appeal states, amounted to a “directed verdict,” which they say should be examined as more than just accidental error.
In addition, Remy’s lawyers argue that by including a previous unrelated violent incident at the Player’s Club in the indictment of Remy Ma, Assistant District Attorney Michael McIntosh effectively managed to taint the jury, predisposing them to issue a guilty verdict.
Remy, born Remy Smith, is currently serving an eight year prison term at the Bedford Hills Correctional facility, a maximum security prison just north of New York City.
The rapper was convicted of first degree assault, criminal possession of a weapon and attempted coercion.
She will be eligible for parole in September 2014.