Looks like Tory Lanez and his legal team are still fighting. According to court documents, his lawyers claim have filed a motion to disqualify Judge David Herriford. Claiming the Los Angeles County Superior Court judge has shown favoritism to the prosecution.
“Conversely, the judge gave the People a full and fair opportunity to present argument uninterrupted, even when the case cited by the People did not stand for the proposition that they advanced,” the defense attorneys wrote in their filing.
They continued: “Together, these facts reveal such a high degree of favoritism or antagonism as to make fair judgment impossible. Given these facts, a reasonable person would fairly entertain doubts concerning the judge’s impartiality. As a result, disqualification is required.”
Herriford previously responded to Tory’s claims when he filed a motion for a new trial, which was denied. “I am not prejudiced or biased against or in favor of any party to this proceeding or their counsel,” he wrote at the time. “All rulings made by me in this action have been based upon facts and arguments officially presented to me and upon my understanding of the law. … All statements made by me and all actions taken by me in this proceeding have been done in furtherance of what I believe were my judicial duties.”
As we previously reported, Tory took to Instagram to explain how he believes prosecutors lied about his DNA being on the gun. “I’ve been incarcerated for almost half a year over a gun that the D.A.s lied and said I shot. In 2021 they demanded that I take a DNA test. I took that test with no pushback, delay or question. Not only because I knew that I never shot the gun. But, because mainly I was 100% positive that I never even touched this gun. In my trial, the verdict of guilty or innocent depended heavily on my DNA results. With the help of L.A. Crime Labs DNA expert Randy Zepeda, D.A. Kathy Ta, and Alex Bott completely manipulated my DNA results, and lied to the world, the media, and most importantly my jury — by stating that my DNA on the gun was inconclusive. That was an absolute lie.”
Lanez added, “They went on further to say that ‘inconclusive means that he cannot be excluded from the gun.’ My new attorney Jose Baez hired one of the best DNA experts in the nation to carefully analyze the same DNA test, the fair and correct way. The results came back exactly as I knew this whole time. My DNA is 100% excluded and 100% eliminated from the gun. In other words, it’s physically and scientifically impossible for me to ever touched or shot this gun.”