A Georgia judge is weighing whether to declare a mistrial in Young Thug’s long-running Atlanta gang trial, a move that would require prosecutors to either start from scratch or drop a case that has already lasted more than two years.
The motion for a mistrial was sparked by an incident Wednesday (Oct. 23) in which a state’s witness accidentally revealed sensitive information to the jury. Defense attorneys said the mistake was caused by prosecutor missteps, and the judge quickly chided government lawyers for “sloppiness.”
A mistrial would mean an abrupt end to a criminal trial that has stretched across 10 months of jury selection and 11 months of testimony to become the longest-ever in state history. Prosecutors have meandered through a vast list of witnesses, and the case has been beset by unusual delays — including a jailhouse stabbing of one defendant and a bizarre episode over a secret meeting that saw the presiding judge removed from the case.
Since taking over the case this summer, Judge Paige Reese Whitaker has expressed frustration with how the Fulton County District Attorney’s office has been handling the case. Last month, she blasted the prosecutors for “poor lawyering, “baffling” decisions and steps to repeatedly “hide the ball” amid a “haphazard” trial.
At Wednesday’s hearing, Whitaker refused outright to declare a mistrial with prejudice, which would have permanently ended the case. But she said she would consider doing so without prejudice, meaning prosecutors could attempt to retry their case from scratch in front of a new jury.
The specter of such an outcome has prompted prosecutors to discuss plea deals. According to X posts by Cath Russon, managing editor at Law&Crime, each defense team was set to meet individually on Thursday with District Attorney Fani Willis to discuss potential deals.
As a result of the negotiations and the pending mistrial motions, all trial proceedings before Whitaker on Thursday (Oct. 24) and Friday (Oct. 25) have been postponed and the trial is currently scheduled to resume on Monday morning (Oct. 28), according to Russon.
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Thug (Jeffery Williams), a chart-topping rapper and producer who helped shape the sound of hip-hop over the past decade, was indicted in May 2022 along with dozens of others over allegations that his “YSL” was not really a record label called “Young Stoner Life” but rather a violent Atlanta gang called “Young Slime Life.” The case, built around Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) law, claims the group committed murders, carjackings, armed robberies, drug dealing and other crimes over the course of a decade.
While the slow-moving trial has dragged on, Thug has been sitting in jail for more than two years, repeatedly denied bond over fears that he might intimidate witnesses. If the judge grants a mistrial and prosecutors decide to retry their case, he could have years more in jail until a verdict is reached. Such an outcome could potentially motivate defendants, too, to consider a negotiated resolution.
The Wednesday incident that sparked the calls for a mistrial took place as prosecutors were questioning a witness named Wunnie Lee (aka Slimelife Shawty), a former defendant in the YSL case who signed a plea agreement in exchange for testifying.
While on the stand, prosecutors asked Lee to identify certain defendants by showing him social media posts. While reading one of the posts, Lee read aloud the hashtag #freequa — a reference to a previous prison sentence for Marquavius Huey (aka Qua), one of Thug’s current co-defendants.
That was a crucial error by prosecutors. The jury was not supposed to know which defendants had previously been incarcerated, and defense attorneys argued that the government was supposed to redact the post and prep Lee not to mention it. After the admission before jurors, defense attorneys quickly moved for a mistrial.
“We’re not going to be able to unring this bell,” defense attorney Nicole Westmoreland said in court. “It is painfully obvious that the state is not prepping their witnesses.”
The misstep quickly drew another sharp critique from Judge Whitaker, who attempted to reach a solution that would allow the case to move forward: “What I’m trying to do is fix your sloppiness so that everybody won’t have wasted 10 to 12 months of their lives in this trial.”
