Tory Lanez’s attorneys are attempting to get him out of jail and into rehab.
Next week, Tory is scheduled to be sentenced for shooting Megan Thee Stallion — however, his attorneys are arguing that instead of jail he should go to a residential rehab facility where he’ll be treated for alcoholism and receive therapy for his traumatic childhood.
via Legal Affairs and Trials:
A 41-page memo filed Tuesday questions the quality of the investigation that concluded Lanez is the one who fired five rounds at Megan, injuring her feet, early July 12, 2020, in the Hollywood Hills. It says the evidence of Lanez’s guilt “is questionable at best and by no means overwhelming,” so Lanez’s “lack of remorse” can’t factor into his sentence.
But, it says, “assuming the allegations are true, Mr. Peterson’s psychological, physical, and childhood trauma was a factor in the commission of the offense. Likewise, the current offense is connected to Mr. Peterson’s childhood trauma and mental illness, alcohol-use disorder,” referring to Lanez’s legal name, Daystar Peterson.
“Mr. Peterson’s alcohol-use disorder, although not amounting to a defense, reduced his culpability,” according to the memo from Lanez’s defense lawyers, Jose Baez of Miami, Florida, and Ed Welbourn of Newport Beach, California.
Lanez is scheduled to be sentenced at 10:30 a.m. on Monday before Los Angeles County Superior Court Judge David Herriford at the criminal courthouse in downtown Los Angeles.
Welbourn’s and Baez’s request for probation is a stark departure from the 13-year prison sentence requested by prosecutors, who cite the jailed rapper’s lack of acceptance of responsibility and his “campaign of misinformation” aimed at humiliating and re-traumatizing Megan.
“His online reach is worldwide (millions of followers plus casual observers) and the defendant’s statements embolden his followers so that they too have been complicit in re-traumatizing the victim,” prosecutors wrote in their memo. “He is responsible for the effect of his words and his actions.”
Welbourn and Baez say the 13-year recommendation contradicts Los Angeles County District Attorney George Gascón’s policies, which if followed would result in a recommended three-year prison sentence. They want Judge Herriford to sentence Lanez to three years instead of 13 if he won’t release him on probation.
They filed their memo with a confidential report from a psycholigist who met with Lanez in jail last month and believes he’s amenable “to managing his risk for violence in the community with the support that will be available to him.” The report is not publicly available, but Lanez’s attorneys quote some of it in their memo, including the finding that Lanez’s alcoholism “compromised his ability to manage and regulate his emotions and behaviors and that his alcohol use disorder played a significant role in the alleged offenses.”
The memo says Lanez “presents a low risk for violent recidivism in the community.”
“Mr. Peterson has a history of prosocial conduct and behavior, including active involvement in charitable and community organizations serving underprivileged communities,” according to the memo.
The memo also cites Lanez’s solitary confinement and deprivation of recreation time, and it says imprisonment “will most certainly have a devastating impact on both him and his six-year-old son, Kai.”
The boy was in the courtroom for much of his father’s trial, including when Megan testified.
“Prior to his incarceration, Mr. Peterson not only provided for his son financially, but also acted as Kai’s role model and pillar of emotional support,” according to the memo. “Mr. Peterson’s incarceration has significantly interfered with his ability to actively participate in his son’s growth.”
Baez and Welbourn also cite Lanez’s charity work, which has ceased “due to his recent incarceration.”
“If sentenced to a term of probation, Mr. Peterson will be able to resume his charitable activities and provide much needed support for underserved communities in Los Angeles and beyond,” the memo reads.
So basically, the argument has shifted from “he absolutely didn’t do it” to “well, if he DID do it — he was drunk.”
These lawyers are reaching, your honor. For more from Tory Lanez’s attorney’s filing, click here.