Rapper YNW Melly could be still facing the death penalty if he is found guilty of double homicide in his trial.
Florida’s District Court of Appeal has overruled Judge Andrew Siegel’s decision to ban prosecutors from seeking the death penalty. Siegel claimed prosecutors violated state rules when they failed to give Melly and his attorneys the appropriate notice they planned to seek capital punishment.
But now, Florida’s District Court of Appeal says prosecutors complied with state rules because they gave notice when they charged Melly in 2019.
“We find that the state complied with its statutory obligations when it filed its notice of intent to seek the death penalty within 45 days of arraignment,” wrote Judge Spencer D. Levine. “The fact that the state filed a superseding indictment, requiring a second arraignment, does not vitiate the already filed and timely notice of intent. … The defendant has had nearly three years to start the preparation of his defense to the state seeking the death penalty [and] the record contains no evidence that the defendant was prejudiced in any way.”
Melly is currently awaiting trial for double homicide. His attorneys say the restrictions are impeding his ability to prepare properly for the trial and his entire legal team cannot all fit into the designated visitation room.
