Kewon White’s lawyers seeking a new trial over sleepy juror

DALLAS - Lawyers for the man convicted of murdering Dallas rapper MO3 are asking for a new trial because of sleepy juror.

Motion for a New Trial

What we know:

Kewon White’s defense attorneys recently filed a motion for a new trial because of jury misconduct. They allege one of the jurors slept through most of the testimony during White’s trial in September.

"Defendant is entitled to a new trial because he was tried by a jury that including a sleeping juror, resulting in the violation of his statutory and state constitutional right to a trial by a jury of twelve," the motion states. 

This motion is separate from an appeal that was filed at the end of September.

Dig deeper:

The motion notes that the juror was observed to be sleeping almost every day for several minutes at a time before waking up and falling asleep again.

Both the prosecution and the defense repeatedly brought the matter up to Texas Criminal District Court Judge Chika Anyiam, and the motion alleges the judge either did nothing or only gave jurors a short break.

"The juror in question resumed sleeping after most break," the motion states.

It points to a specific incident during the trial when the sleepy juror was slumped over and appeared to be ill. Even though the juror advised she was okay to continue, the judge later agreed to break for the day after having a discussion with the attorneys on both sides.

What they're saying:

The motion also includes statements from two of White’s trial defense attorneys. 

"The juror's sleep was open and obvious. She would slouch down and lean back in her chair with her head tilted back, or her head would drop forward. While she was in that state, she was not watching the witness, the attorneys, or the exhibits being displayed," defense attorney Bree West said in part.

"I have had a plethora of trials and have seen one or two jurors doze off for a few minutes, especially after lunch. However, in those trials, the court took a small break, advised the juror to stand up and stretch, go get a Coke or a coffee, or released the jury early for the day. This matter was different because this wasn’t just a few minutes of inattentiveness and alertness by that juror, but a few hours of continually on and off sleeping for several minutes with the juror clearly missing material evidence from material witnesses," added co-defense attorney Myra McIntosh.

What we don't know:

It’s not yet clear if or when Judge Anyiam will rule on the motion. 

She has 75 days to issue a ruling. She could grant it, deny it, schedule a hearing to review the evidence, or simply let the deadline pass without taking any action. 

MO3 Murder

The backstory:

Rapper MO3, whose legal name is Melvin Nobles, was shot 11 times and killed on Interstate 35 back in 2020. Prosecutors say the shooting was part of a murder-for-hire plot organized by rapper Yella Beezy, whose legal name is Markies Conway.

In September, jurors found White guilty of capital murder and sentenced him to life in prison after viewing video and hearing testimony about the shooting. Prosecutors also presented evidence of an alleged payment from Conway to White.

Conway has pleaded not guilty to capital murder and denied involvement. His trial was delayed by a month so that his lawyers could get a copy of White’s trial transcript. The trial is now set to start on Oct. 26.

A third defendant, Devin Brown, is also charged with capital murder.