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The final two installments of Lifetime’s Surviving R. Kelly docuseries series ended with a pair of bombshell revelations about the imprisoned singer’s controversial marriage to a then-underage Aaliyah. The two episodes that debuted on Monday and Tuesday, focused in on Kelly’s 2022 federal trial, which included allegations that the singer and his team allegedly forced Aaliyah’s family to sign a non-disclosure agreement in the wake of the annulment of the performers’ brief marriage.
Kelly and Aaliyah were married in secret in August 1994 when the “Rock the Boat” singer was just 15, even though their marriage certificate listed her age as 18; the marriage was reportedly annulled by Aaliyah’s parents in Feb. 1995. Interviews with some of Kelly’s and Aaliyah’s entourages revealed some of the details of the NDA, which reportedly came after Aaliyah’s father was incensed by the marriage.
Longtime friend and former bodyguard Gem Pratt told the Surviving team that Aaliyah’s family signed a contract with Kelly that promised they would not press charges against him for the illegal marriage after the annulment if Kelly promised to sell them the rights to his first three albums. During last year’s federal trial a jury found Kelly guilty on three counts of child pornography and three counts of enticing a minor to engage in sexual activity; Aaliyah was referred to as Jane Doe #1 at that trial.
“Her dad [Michael Haughton] didn’t want her anywhere near him,” Pratt said in the series about wanting to put distance between Kelly, who was 27 at at the time of the marriage, and Aaliyah, whose debut album, Age Ain’t Nothing But a Number — released when she was 14 — was produced and mostly written by Kelly. The stories of Kelly and Aaliyah’s secret marriage were rumored at the time, but the final episodes of the Lifetimes series put the details of the aftermath into sharper focus.
They include allegations about members of Kelly’s inner circle allegedly looking the other way at Kelly’s abuse of women girls and young men over decades, with Pratt saying that “He [Kelly] couldn’t do this by himself… it’s clear as day there were enablers.” Variety noted that the Aaliyah NDA came up during Kelly’s 2022 New York trial, though it did not receive widespread media coverage at the time; Chicago reporter Jim DeRogatis originally broke the news of the NDA, telling the New York Times Popcast podcast in 2018 that the agreement was a “harrowing document… A non-disclosure agreement on both her part and Kelly’s, vowing not to pursue further legal claims for physical abuse. So, it wasn’t just an underage sexual relationship, he hit her, allegedly, according to that court document.”
A lawyer for Kelly had not returned Billboard‘s request for comment about the NDA at press time and Kelly has maintained his innocence and is appealing the convictions.
In Sept. 2021, Kelly was found guilty in a New York trial of nine counts, including racketeering and 14 underlying acts including sexual exploitation of a child, kidnapping, bribery and sex trafficking charges, as well as eight counts of violating the sex trafficking law known as the Mann Act. In June 2022, Kelly, 55, was sentenced to 30 years in prison; the singer is still facing additional sentencing in Chicago as well as pending felony sex crime charges in Minnesota.
The final chapters of producer/director Dream Hampton’s Surviving series also included new allegations of Kelly’s sexual abuse from a survivor named Ebonié Doyle, who claimed she was raped by Kelly just days after his marriage to Aaliyah. Doyle said she was 16 when Kelly’s limo pulled up on her after one of his shows, setting off a relationship that resulted in her mother kicking Doyle out of the house when she discovered it.
After moving in with Kelly, Doyle said she became subject to Kelly’s “controlling” ways, which included forcing her to sit in a specific sexual position for hours until her posture was to his liking. At the time there were whispers about the singer’s relationship with the underage Aaliyah — Doyle noticed she and the singer were similar in stature and appearance — and said at one point she found a sex tape featuring Kelly and Aaliyah. When Kelly found out that she’d seen the tape, Doyle said he pushed her down a flight of stairs.
This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings, and all the fun stuff in between. This week: A special New Year’s newsletter, looking back at the biggest legal stories from 2022, the top stories from over the holidays, and what to watch in 2023.A quick programming note: Starting immediately, the email version of the Legal Beat newsletter is now free. All current readers will continue to get the newsletter directly into their inbox every Tuesday, but now anyone else can also sign up HERE to receive a weekly recap of every big story from the world of music law.
Year In Review: 2022’s Top Legal Stories
Some of the most important music industry stories of 2022 were legal stories, so we put together a handy year-end guideto catch you up on all the big developments.As always, copyright cases dominated the list. Taylor Swift finally escaped a case over “Shake It Off,” Ed Sheeran won a big trial over “Shape of You (but faces another one soon over “Thinking Out Loud”) and Katy Perry made important case law when she defeated a case over “Dark Horse.”Cardi B had a big year all by herself. She won a $4 million defamation verdict against a bomb-throwing YouTuber, then beat back a multimillion lawsuit claiming she Photoshopped a random guy onto the “raunchy” cover of a mixtape. Oh, and she also resolved a long-standing criminal case in New York by taking a misdemeanor plea deal.But arguably the most important story of the year was the use of rap lyrics in criminal trials.Billboard did a deep-dive in March, detailing how the practice had persisted for years despite longstanding criticism that it unfairly sways juries and threatens artistic expression — and that was before we knew what the year had in store. In May, hip-hop superstars Young Thug and Gunna were hit with a sweeping indictment that quoted heavily from their lyrics and then left to sit in jail for months, bringing unprecedented new attention to the issue. Atlanta prosecutors offered no apologies for the music-heavy charges, but in September, lawmakers in California enacted landmark legislation that would sharply restrict the practice in that state, creating a blueprint that other jurisdictions might follow.
Top stories to watch in 2023…
RAP ON TRIAL – A big issue from 2022 figures to take center stage again in 2023. Jury selection in the case against Young Thug and other YSL members (though not Gunna, who pleaded out in December) will kick off next week in Atlanta, setting the stage for a blockbuster trial that could last many months. And after coming up just short in 2022, lawmakers in New York will again try to pass legislation that could limit how prosecutors in that state use rap music to win convictions.COPYRIGHT CONTINUUM – After a year full of big copyright cases, 2023 could be even more jam-packed. Dua Lipa will try to evade two separate infringement lawsuits over her smash hit “Levitating,” while Ed Sheeran will face a jury trial over whether his “Thinking Out Loud” infringed Marvin Gaye‘s iconic “Let’s Get It On.” And don’t forget the big class actions against the labels over termination rights, the looming Supreme Court ruling over Andy Warhol’s image of Prince or the upcoming trial in a case against Post Malone.DR. LUKE V. KESHA – After nearly nine years of litigation, a trial is finally set for July in Dr. Luke’s defamation lawsuit against Kesha over her bombshell rape accusations against the producer. A trial had previously been scheduled to start in February, but it cannot take place until New York’s highest court decides two pending appeals dealing with big issues — big for both the case and for media law generally.
What you missed over the holiday week…
CARDI WINS AGAIN – A federal judge refused to overturn Cardi B’s courtroom victory in a lawsuit filed by Kevin Brophy, a man who was unwittingly Photoshopped to look like he was performing oral sex on the superstar on the cover of her debut mixtape. Two months after jurors cleared Cardi of any wrongdoing, the judge ruled that he would not “second-guess” the verdict.MEGAN HEADED TO TRIAL – A judge sided with Megan Thee Stallion in an early skirmish in her legal war with record label 1501 Certified Entertainment, refusing to grant the company a quick victory and ordering the case to instead be decided by a jury. 1501 had argued that the judge himself could decide whether her 2021 release Something for Thee Hotties counted as an “album” under her record deal, but her lawyers said she must be “allowed her day in court.” STEVEN TYLER ABUSE CASE – Aerosmith singer Steven Tyler was hit with a lawsuit accusing him of sexually assaulting a minor in the 1970s, claiming he convinced her parents to sign over custody and forced her to get an abortion. The case was filed by Julia Holcomb, who says she was the underage girl that Tyler repeatedly referenced in his racy 2011 memoir, in which he said he was “so in love I almost took a teen bride.”
A woman who alleges Bill Cosby drugged and sexually assaulted her in 1986 sued the comedian-actor, NBCUniversal and other companies Friday (Dec. 30) in New York, where five other women filed a similar lawsuit earlier this month.
Stacey Pinkerton says she was a 21-year-old flight attendant and model that year when she claims Cosby drugged her at a restaurant in Illinois and took her back to a hotel room in Chicago. The lawsuit alleges Cosby “engaged in forced sexual intercourse” with her while she was incapacitated from the drugs.
The lawsuit comes more than a year after Cosby left prison after his 2018 sexual assault conviction in Pennsylvania was overturned. Earlier this year, a Los Angeles jury awarded $500,000 to a woman who said Cosby sexually abused her at the Playboy Mansion when she was a teenager in 1975.
Pinkerton says the alleged assault came after she had met Cosby in New York and he promised to help her career. She says she had a role in an episode of The Cosby Show on NBC, but did not appear in the final edit.
Months after the alleged assault, Pinkerton said Cosby invited her to his show at a Chicago theater, where she claims he forcefully kissed and touched her.
“Cosby engaged in the same or similar pattern of conduct with his victims,” Pinkerton’s lawsuit says, “including expressing interest in advancing their careers, giving them roles on The Cosby Show, using The Cosby Show and its filming locations as a means to access, isolate, sexually harass, and sexually assault women, using drugs to incapacitate his victims, and forcibly engaging in sexual acts with them without their consent.”
The lawsuit alleges that NBC, Kaufman Astoria Studios and Carsey-Werner Television should have known Cosby was a danger to women and failed to protect Pinkerton from him.
Cosby spokesperson Andrew Wyatt said Friday night that Cosby “continues to vehemently deny all allegations waged against him and looks forward to defending himself in court.”
“As we have always stated, and now America can see, this isn’t about justice for victims of alleged sexual assault, it’s ALL ABOUT MONEY,” Wyatt wrote in an email to The Associated Press. “We believe that the courts, as well as the court of public opinion, will follow the rules of law and relieve Mr. Cosby of these alleged accusations.”
Representatives of NBCUniversal, Kaufman Astoria Studios and Carsey-Werner Television did not immediately respond to requests for comment Friday night. All three companies were involved in the production of The Cosby Show,” Pinkerton’s lawsuit said.
The lawsuits by Pinkerton and the five other women were filed under New York’s one-year window for adults to file sexual abuse complaints for allegations that had fallen outside the statute of limitations to sue.
Cosby served nearly three years in prison before the Pennsylvania Supreme Court overturned his conviction, finding that he gave incriminating testimony in a deposition about the encounter only after believing he had immunity from prosecution. The trial judge and an intermediate appeals court had found no evidence of such immunity.
Seven other accusers received a settlement from Cosby’s insurers in the wake of the Pennsylvania conviction over a defamation lawsuit they had filed in Massachusetts. Their lawsuit said that Cosby and his agents disparaged them in denying their allegations of abuse.
Aerosmith singer Steven Tyler is facing a new lawsuit accusing him of sexually assaulting a minor in the 1970s, filed by a woman who claims she was referenced in the singer’s memoir as almost his “teen bride.”
In a complaint filed Tuesday in Los Angeles court, Julia Holcomb says Tyler used his “power as a well-known musician and rock star” in order to “gain access to, groom, manipulate, exploit” and sexually assault her for three years starting in 1973, when she was just 16 years old.
The lawsuit does not name Tyler, listing only an anonymous John Doe defendant. But Holcomb’s lawyers repeatedly quote from Tyler’s memoir Does the Noise in My Head Bother You? when referring to the alleged perpetrator, who they identify as a “leading member of a world-famous rock band.” Tyler’s book itself, reviewed by Billboard, also lists a “Julia Halcomb” in the acknowledgments.
“She was 16, she knew how to nasty, and there wasn’t a hair on it,” Tyler wrote in the book passage that’s quoted in the lawsuit. “I was so in love I almost took a teen bride.”
The lawsuit alleges that Tyler convinced Holcomb’s parents to grant him guardianship over her — an accusation that also came with quotes from his memoir: “I went and slept at her parents’ house for a couple of nights and her parents fell in love with me, signed paper over for me to have custody, so I wouldn’t get arrested if I took her out of state.”
The lawsuit also claims Tyler impregnated Holcomb but later “pressured and coerced” her into eventually aborting the pregnancy.
Billboard independently obtained a copy of the lawsuit, which was first reported Thursday by Rolling Stone. A representative for Tyler did not immediately return a request for comment.
The allegations against Tyler are not new. Holcomb made similar accusations in a 2011 article published by the anti-abortion website LifesiteNews, and she made the same claims in 2020 during an appearance on Tucker Carlson’s television show on Fox News.
The new lawsuit, which included claims for sexual battery, sexual assault and intentional infliction of emotion distress, was filed just days before the expiration of California’s Child Victims Act, which temporarily suspended the statute of limitations for sexual abuse lawsuits. After a three-year window of availability, the deadline to file such long-delayed lawsuits is Dec. 31.
Read the entire lawsuit here:
Rapper Tory Lanez has been found guilty on all three counts in the closely-watched trial over whether he shot Megan Thee Stallion in the foot, ending a nearly two-week trial over the July 2020 incident and setting the stage for a potentially lengthy prison sentence.The verdict was handed down by a jury in Los Angeles court on Friday (Dec. 23). Lanez was convicted on all counts: assault with a semiautomatic firearm; carrying a loaded, unregistered firearm in a vehicle; and discharging a firearm with gross negligence. He faces up to 22 years in prison.
Upon the reading of the verdict, Lanez’s father, who was present in the gallery, began screaming. “This wicked system. Shame of all of you!” he cried out.
In the course of the trial, Lanez’s defense team made their best effort to sow doubt over pulled the trigger, painting a scenario in which Megan’s ex-friend and assistant Harris was the shooter. To make their case, they leaned on inconsistent statements made by Megan in the more than two years since the incident as well as an account from alleged eyewitness Sean Kelly. However, Kelly undercut the defense team’s theory by offering confusing and contradictory testimony from the stand on Tuesday — stating he saw a muzzle flash near where Megan and Harris were scuffling in the street near his home but also that he saw a man matching Lanez’s description holding a gun and, at another point, that he never saw a gun at all.
On the other side, prosecutors have continuously highlighted Megan’s emotional testimony last week, when the Grammy winner held back sobs as she recounted the ordeal and said that she’s received severe public blowback in the wake of the incident, at one point stating, “I wish he had just shot and killed me if I would have known I was going to go through this torture.” In addition to Megan’s direct claims that Lanez was the one who pulled the trigger, prosecutors also poked holes in the defense team’s theory that Harris was the one responsible. In closing arguments, Deputy District Attorney Alexander Bott strongly suggested that Harris — who in a prior interview with prosecutors said that Lanez shot Megan and also assaulted her when she tried to intervene — contradicted her prior statements only after being threatened or paid off.
The blockbuster trial arrived nearly two and a half years after Megan was shot at least once in the foot in the early morning hours of July 12, 2020, while on the way home from a small party thrown by Kylie Jenner. According to Megan, after a fight erupted between Lanez, Harris and herself in an SUV driven by Lanez’s security guard Jaquan Smith, she exited the car only to be shot at multiple times by Lanez, who she claimed at one point shouted, “Dance, b—-” while firing out the window. That is clearly the version of the story that jurors, who took less than two days to reach their unanimous verdict, chose to believe.
The trial could well have dragged on beyond Christmas had either Lanez or Smith taken the stand, but on Wednesday, the rapper said he would not be testifying and defense lawyers opted against placing Smith on the stand, citing procedural wrangling and the possibility of a delay that could have forced jurors to return after the holiday.
Megan was not present for the reading of the verdict on Thursday.
Whether it was Taylor Swift or Prince or Cardi B, 2022 saw major legal battles involving some of the music industry’s biggest stars, ranging from never-ending copyright fights to sprawling criminal cases centered on rap lyrics. Some stars, like Katy Perry, won big; others, like Young Thug and Gunna, faced repeated setbacks; still others, like Megan Thee Stallion and Ed Sheeran, just got exhausted. To catch up, here are 10 big music law stories that you need to remember from 2022.
Taylor Swift Finally Shakes It Off
There was no bigger music copyright lawsuit than the long-running case accusing Taylor Swift of stealing the lyrics to “Shake It Off.” Since 2017, songwriters Sean Hall and Nathan Butler had argued that Swift’s song (an all-time smash hit that spent 50 weeks on Hot 100) stole some of its core lyrics from “Playas Gon’ Play,” a 2001 song they wrote for the R&B group 3LW. And despite arguments from Swift’s white-shoe lawyers that lyrics about “playas” and “haters” were too commonplace to be monopolized under copyright law, federal courts repeatedly refused to dismiss the case. Following in the wake of earlier battles over Robin Thicke’s “Blurred Lines” and Katy Perry’s “Dark Horse,” the lawsuit raised big questions about the where copyright protection ends and the public domain begins. Those questions were set to be answered at a blockbuster trial in January – until Swift and her accusers reached a sudden settlement earlier this month.
Rap On Trial: A Year of Highs and Lows
Despite widespread criticism of the practice, prosecutors continued to cite rap lyrics as evidence in criminal cases in 2022, most prominently when Young Thug and Gunna were indicted in May as part of a sweeping gang case against dozens of members of the Atlanta rap crew YSL. The charges included numerous references to Young Thug and Gunna’s music, claiming lyrics were the kind of “predicate acts” that contributed to the overall criminal enterprise. And Fulton County District Attorney Fani Willis, who bought the case, offered no apologies for doing so: “If you decide to admit your crimes over a beat, I’m gonna use it,” Willis said. “I’m going to continue to do that, people can continue to be angry about it.” And yet, 2022 also saw the enactment of landmark legislation in California that would sharply restrict the practice, and efforts to pass similar laws in New York state and at the federal level – hopeful signs for critics who say it unfairly targets black men and violates their First Amendment rights.
Prince Estate Case Closed – Finally
The long legal battle over Prince’s $156 million estate was finally resolved in 2022, more than six years after the iconic rocker died suddenly from a fentanyl overdose without a will. The estate had been stuck in probate court for years, under the control of a court-appointed bank as rival groups of legal heirs wrangled over the rocker’s legacy. Over time, those proceedings came to be dominated in part by Primary Wave, the music industry giant that slowly bought out various Prince heirs to amass a 50 percent stake in the estate. The biggest hurdle was cleared in January, when the heirs reached a deal with the Internal Revenue Service to set a final tax valuation of $156 million, followed by a ruling February on the basic structure for how the assets would be split into two groups, and then a final judicial approval in August. Prince’s legacy is now a music story and a business story, not a legal story.
Ed Sheeran’s Copyright Nightmare
Ed Sheeran says he’s tired of all the copyright lawsuits, but 2022 was something of an up-and-down year on that front. In April, he won a dramatic victory in UK court over his chart-topping 2017 hit “Shape of You,” when a judge ruled that he didn’t copy the song from a little-known track called “Oh Why.” Following an 11-day London trial – in which an opposing attorney called Sheeran a “magpie,” the singer repeatedly took the stand to defend himself, and he once even sang in open court – the judge ruled there was no evidence Sheeran had intentionally or even “subconsciously” copied any of the earlier material. But the respite was short-lived: In October, a federal judge in New York ruled that Sheeran must face a jury trial in a separate case claiming he borrowed key elements of his “Thinking Out Loud” from Marvin Gaye‘s iconic “Let’s Get It On. Barring a reversal (and Sheeran’s lawyers are asking for one) the decision set the stage for a blockbuster trial at some point in 2023, but a date has not yet been set.
Cardi B v. The World
Cardi B started the year with a bang, winning a $4 million defamation verdict in January against Tasha K, a gossip blogger who made salacious false claims on YouTube about drug use, STDs and prostitution. (Cardi’s lawyers are still trying to collect that money, btw.) And in October, she won at trial again, avoiding millions in damages by beating back a bizarre lawsuit filed by a California man whose back tattoos were unwittingly photoshopped onto the “raunchy” cover of Cardi’s 2016 mixtape Gangsta Bitch Music Vol. 1. The star herself took the witness stand in both trials, testifying about the pain of being defamed and sparring with an opposing lawyer over whether he had “receipts.” Oh, and Cardi also resolved a long-standing criminal case by pleading guilty in September to misdemeanor charges stemming from a 2018 bottle-throwing incident at a Queens strip club. All in all, a quiet year.
Dua Lipa’s Double-Whammy
One could argue you’re not truly a pop star until you’ve been sued for copyright infringement a few times; just ask Taylor Swift and Ed Sheeran. That means Dua Lipa must have truly arrived this year, when she was hit with not one but two separate lawsuits claiming she copied earlier songs when she wrote “Levitating”– the longest-running top 10 song ever by a female artist on the Hot 100. One case was filed by a Florida reggae band named Artikal Sound System, which claimed Lipa lifted the core hook for her song from their 2015 “Live Your Life.” The other case, filed a few days later in March, accused her of copying both a 1979 song called “Wiggle and Giggle All Night” and a 1980 song called “Don Diablo.” Armed with a top-flight legal team, Lipa has already struck back in both cases – but both remain pending.
Taylor Swift … Trust Buster?
Ticketmaster’s disastrous November presale for Taylor Swift’s upcoming Eras Tour – which saw widespread service delays and website crashes as millions of fans tried (and many failed) to buy tickets – resurfaced some uncomfortable legal questions for the all-powerful concert giant and its parent company Live Nation. Those questions have never fully gone away since the two companies merged in 2010, but in the days after the fiasco, lawmakers on both sides of the aisle called for new antitrust investigations – and that was before news broke that the U.S. Department of Justice had already launched such a probe. If violations are found, Sen. Amy Klobuchar (D-Minn.), the chair of the Senate subcommittee for antitrust issues, urged regulators to consider “breaking up the company.” Meanwhile, state attorneys general across the country are also probing the debacle, and at least one class action lawsuit has already been filed accusing the company of fraud and “anticompetitive conduct.” Hell hath no fury like Swifties scorned…
Megan Thee Stallion’s Exhausting Year
Following an October appearance on Saturday Night Live promoting the release of her album Traumazine, Megan Thee Stallion said she needed to take a break because she was “so tired, physically and emotionally.” After her 2022 legal battles, it’s hard to blame her. In February, Megan’s long fight with her former record label, 1501 Certified Entertainment, escalated significantly when she accused the company of purposefully mislabeling an album to keep her locked into the deal. 1501 quickly countersued, then Megan upped the stakes again in August with new allegations and demands for damages. And all of that had nothing to do with the even bigger Megan story: A criminal case against Tory Lanez over charges that he shot her in the foot during a July 2020 altercation in Los Angeles. When a trial in that case kicked off earlier this month, Megan took the witness stand to recount the shooting and the toll it had taken on her. “I wish he had just shot and killed me,” she tearfully recounted.
R. Kelly Gets 30 Years – And Gets Convicted Again
Things went from bad to worse for R. Kelly in 2022. After being convicted last year in New York on racketeering and sex trafficking charges, the disgraced R&B singer was sentenced to 30 years in prison on those charges in June. Then in August, he was convicted in Chicago on separate child pornography charges stemming from an infamous video tape involving him and minor, meaning he faces decades more in prison time. His attorneys plan to appeal both convictions.
Katy Perry Wins Case and Makes Law
When Katy Perry won a copyright ruling at a federal appeals court in March, declaring that her 2013 chart-topper “Dark Horse” hadn’t infringed an earlier song, it was a bigger deal than just one case. Sure, it was important to Perry herself, who avoided $2.8 million verdict by defeating the accusations. And the star was obviously pleased, telling a Las Vegas concert crowd in a viral clip: “So just be sure…before you take me to court, ‘cause I’m a Scorpio, bitch!” But the ruling was also a clear rejection of similar infringement cases over songs, stressing that simple musical “building blocks,” like the short “ostinato” in Perry’s song, cannot be locked up by any particular songwriter because it would chill future songwriting creativity. Much like a 2020 ruling on “Stairway To Heaven,” the decision for Perry could be seen as part of a pendulum swing away from earlier decisions over Robin Thicke’s “Blurred Lines,” which were criticized by some for expanding music copyrights to more basic elements.
Tory Lanez said Wednesday (Dec. 21) that he will not take the witness stand in his own defense in the trial over whether he shot Megan Thee Stallion in the foot, signaling the end of testimony in the week-long trial and setting the stage for jurors to begin deliberating on a verdict.
Putting a defendant on the stand to be cross-examined by prosecutors is a big gamble in any criminal case, and Lanez’s attorneys opted not to do so — resting their case without giving Lanez a chance to personally persuade jurors that he didn’t pull the trigger the night Megan was shot.
“I will not testify,” said Lanez, sitting beside his father, to Judge David V. Herriford.
During Wednesday morning’s proceedings, it was also revealed that Jaquan Smith, Lanez’s driver who was present the night of Megan’s shooting, would similarly not be testifying. Smith, who could have provided eye-witness testimony to the incident, had been present at the courthouse earlier in the day.
With no testimony from Lanez or Smith, both the prosecution and the defense will proceed to make their closing arguments later in the day on Wednesday. After that, the case will be submitted to the jury, with a verdict expected as early as Wednesday evening.
Lanez stands accused of three felony counts over the July 12, 2020 incident, during which prosecutors say he yelled “Dance, b—-” and shot at Megan’s feet, striking her at least once. If convicted on all three counts, he faces up to 22 years in prison. His lawyers have steadfastly maintained his innocence, suggesting throughout the trial that the trigger might instead have been pulled by Kelsey Harris, Megan’s former friend and assistant who was also in the vehicle that night.
Kicking off Dec. 12, the trial has seen gripping testimony from Megan herself, who recounted the alleged shooting, pinned the blame on Lanez and said, “I wish he had just shot and killed me.” Harris — expected to be a star witness for the prosecution — also took the stand, but she largely failed to re-affirm previous statements pinning the blame on Lanez. Then on Friday (Dec. 16), prosecutors played recordings of Harris’ earlier statements, in which she clearly stated that Lanez had shot the Grammy-winning rapper and then tried to buy both women’s silence with million-dollar bribes.
Back in court this week, jurors heard confusing and contradictory testimony from Sean Kelly, a man who allegedly saw the entire incident from his nearby home. Expected to be a key witness for Lanez’s defense team, Kelly told jurors that he saw Harris violently grappling with Megan outside the vehicle, but that he also saw a man matching Tory Lanez’s description holding a gun. Bizarrely, he then later said he never actually saw a gun at all.
Smith, the driver of the vehicle, could have provided additional perspective as the only other person present during the incident — and the only one who has never been suggested to have been involved in the shooting. But like Lanez, he was never placed on the witness stand on Wednesday.
Speaking to Billboard during the recess, Lanez attorney George Mgdesyan said he’d wanted Smith to testify, but that procedural wrangling and the possibility of a delay that could have forced jurors to return after Christmas prevented him from taking the stand.
This is a developing story and will be updated later on Wednesday with more information from the afternoon’s proceedings.
Sean Kelly, an alleged eye witness to the 2020 incident in which Megan Thee Stallion was shot, offered confusing and contradictory testimony Tuesday (Dec. 20) about what really happened, saying he never actually saw a gun — but also that he saw a man matching Tory Lanez’s description holding one, and that Megan’s former friend and assistant Kelsey Harris may also have fired.
During the seventh day of the blockbuster trial, Kelly (a key witness for Lanez’s defense team) testified that when he first looked outside his home on the night of the incident, he saw Megan and Harris kicking and punching each other outside of a vehicle. “They were pulling their hair and hitting each other. It was quite violent,” he told Lanez’s attorney George Mgdesyan.
Shortly after a man matching the description of Lanez’s driver Jaquan Smith got out of the car and attempted to separate them, Kelly says he heard a shot fired. He said a man matching Lanez’s description then exited the car, leading to a scuffle between all four people — and that four or five more shots then rang out.
Lanez’s defense team has suggested throughout the trial that Harris, not Lanez, potentially pulled the trigger, partly based on an earlier interview Kelly gave to them in Jan. 2021. In confusing testimony that repeatedly contradicted itself, Kelly didn’t offer much clarity on that point. The alleged witness, who called 911 but never identified the shooters on that call, first said he “never saw a gun” and “just saw flashes” and that he believed one of the women fired it — before later appearing to confirm that he saw Lanez (referred to as “the shorter guy”) holding the weapon.
“Did you see the shorter guy with a gun in his hand?” asked Mgdesyan.
“Yes,” answered Kelly.
Later in his testimony, Kelly said he witnessed three of the people beating one of the women in the street as she was curled in a ball, before hearing the man matching Smith’s description say, “The cops are coming!” He then said he saw someone in the group pick the woman up — at which point he believed the group was going to attempt to throw her into a nearby creek. “It appeared to me they were trying to kill her. Dragged her across the street and picked her up,” he said.
Kelly became visibly agitated during cross-examination from the prosecution, when he once again testified that he saw the man matching Lanez’s description shooting the gun, saying “the short guy was agitated; he got out of the car. His arm was stretched out and he was firing everywhere. Four or five shots.” At this point, Lanez, wearing a white turtleneck under a white jacket, looked on sternly, his eyes bulging as he listened to Kelly’s testimony.
During the redirect with Mgdesyan, Kelly once again appeared to contradict his own version of events, stating, “I believe the girl [Harris] fired the first shot.”
Kelly’s testimony came more than a week into a closely-watched trial over the July 12, 2020 incident, during which prosecutors say Lanez yelled “Dance, b—-” and shot at Megan’s feet, striking her at least once. He’s charged with three felony counts — assault with a firearm, gun possession and discharging a firearm with gross negligence — and could face as much as 22 years in prison if convicted.
The first week of the trial saw gripping testimony from Megan herself, who recounted the alleged shooting, pinned the blame on Lanez, and said, “I wish he had just shot and killed me.” Later in the week, Harris — expected to be a star witness for the prosecution — largely failed to re-affirm previous statements pinning the blame on Lanez. But on Friday (Dec. 16), prosecutors played recordings of those earlier statements, in which Harris clearly stated that Lanez had shot the Grammy-winning rapper and then tried to buy both women’s silence with million-dollar bribes.
This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings, and all the fun stuff in between. This week: Gunna takes a plea deal to escape the sprawling case against Atlanta rap crew YSL, the Tory Lanez/Megan Thee Stallion trial continues with blockbuster testimony, Metallica loses a battle with its insurance company, and much more.
THE BIG STORY: Gunna Pleads Guilty, But Says He Won’t Flip
With a trial looming in less than a month, the rapper Gunna bowed out this week from the closely-watched criminal case against members of the Atlanta rap crew YSL, reaching a deal with prosecutors that will allow him to end his “personal ordeal” while seemingly still not cooperating against Young Thug or the other defendants.The chart-topping, Grammy-nominated rapper (real name Sergio Kitchens) took a so-called Alford plea — a maneuver that allows a defendant to enter a formal admission of guilt while still maintaining their innocence. After pleading guilty to the single charge he was facing, he was sentenced to five years in prison but immediately released because he was credited with one year of time served, while the rest of the sentence was suspended.Gunna’s plea deal will allow him to exit a sweeping criminal case filed in May by Fulton County prosecutors, who claimed YSL was not really a record label called “Young Stoner Life,” but a violent Atlanta street gang called “Young Slime Life.” Listing dozens of individual allegations (including murder, carjacking, armed robbery, drug dealing and illegal firearm possession), the case accused Young Thug (real name Jeffery Williams) and 27 others of violating Georgia’s Racketeer Influenced and Corrupt Organizations Act, a state version of the more famous federal RICO statute that’s been used to target the mafia. Such laws make it easier for prosecutors to sweep up many members of an alleged criminal conspiracy based on smaller “predicate acts” that aren’t directly related.A plea deal for Gunna made sense. The rapper was facing only a single charge and was named in only nine of the 191 predicates that make up the YSL RICO case — and most of those were either problematic references to his music or linked to an earlier case in which he eventually pled guilty to having illegally tinted windows. By way of comparison, Young Thug is facing several other separate criminal charges over guns and drugs and is named in substantially more of the RICO predicates.But such a deal was always going to raise heated debate about the touchy subject of snitching — about whether Gunna had won his freedom by promising to cooperate with prosecutors against Young Thug and the other defendants. In his own statement announcing the deal, the rapper strongly denied any such arrangement.“While I have agreed to always be truthful, I want to make it perfectly clear that I have NOT made any statements, have NOT been interviewed, have NOT cooperated, have NOT agreed to testify or be a witness for or against any party in the case and have absolutely NO intention of being involved in the trial process in any way,” Gunna wrote.The situation is a little more complicated. In footage of the plea hearing, Gunna acknowledged that YSL was both “a music label and a gang,” and that he had “personal knowledge that members or associates of YSL have committed crimes in furtherance of the gang.” He also acknowledged that if called by any party in the case, he would be required to testify “truthfully.” But he also reserved his Fifth Amendment right to avoid incriminating himself and, in texts released on social media this week, Gunna’s lawyer made clear that if subpoenaed, the rapper would indeed “take the 5th and not testify.”The trial against Young Thug and the rest of the defendants is set to kick off Jan. 9, so stay tuned.
Other top stories this week…
TORY LANEZ TRIAL CONTINUES – The criminal trial over whether Tory Lanez shot Megan Thee Stallion in the foot ran all week long, featuring blockbuster testimony in which Megan herself recounted the alleged shooting and said, “I wish he had just shot and killed me.” Later in the week, the rapper’s former friend and assistant Kelsey Harris — expected to be a star witness for the prosecution — largely failed to re-affirm previous statements pinning the blame on Lanez. But then on Friday (Dec. 16), prosecutors played recordings of those earlier statements, in which Harris said Lanez had shot the Grammy-winning rapper and then tried to buy both women’s silence with million-dollar bribes. The trial continues and, though a verdict was expected this week, it’s unclear if the case is moving fast enough to get there.LIVESTREAM FIASCO – Nearly two years after Marc Anthony was forced to cancel his highly-anticipated “Una Noche” livestream concert at the last minute, event promoter Loud and Live Entertainment filed a breach of contract lawsuit against Maestro, the streaming platform that hosted the show. Loud and Live says Maestro assured them its technology could “automatically scale” to accommodate over 100,000 ticketholders, but had suffered a “complete collapse” when users tried to log on, causing “significant economic losses.”METALLICA LOSES INSURANCE BATTLE – A California judge ruled that Metallica’s insurance company (a unit of Lloyd’s of London) doesn’t need to pay for six South American concerts that were canceled when COVID-19 struck, thanks to an exclusion in the policy for “communicable diseases.” The case is one of many that have been filed by music venues, bars and other businesses seeking insurance coverage for harm caused by COVID-19 — and one of many that have been decided in favor of insurance companies.DEVIL IN THE DETAILS FOR MGK – Citing the name of Machine Gun Kelly’s 2019 album Hotel Diablo, lawyers for the superstar last week quietly launched a legal battle to block the television network Fox from securing a trademark registration on the term “Diablo” — the name of an anthropomorphic dog character on Fox’s animated sitcom HouseBroken. Kelly’s attorneys, who are currently seeking to trademark a wide range of terms linked to the star, argued that Fox’s “Diablo” was “confusingly similar in overall commercial impression” to “Hotel Diablo” and must be refused.ULTRA V. ULTRA – Nearly a year after Ultra Records founder Patrick Moxey sold his 50% share of the lauded dance imprint to Sony Music, the major label sued him for trademark infringement over his continued use of the “Ultra” name. When Moxey parted ways with the imprint, which he founded in 1995, he held on to another company called Ultra International Music Publishing, but the new lawsuit from Sony claims he has no legal rights to use the “Ultra” name following the sale: “He has sought to perpetuate the falsehood that he remains involved with Ultra Records by wrongfully continuing to use Ultra Records’ ULTRA trademark.”
The Recording Academy Entertainment Law Initiative (ELI) will honor Peter T. Paterno, partner at King, Holmes, Paterno & Soriano, LLP, with the 2023 Entertainment Law Initiative Service Award. The award will be presented at the ELI’s 25th-anniversary event at the Beverly Wilshire Hotel in Beverly Hills, Calif. on Friday, Feb. 3, 2023 — two nights before the 65th Annual Grammy Awards are presented at Crypto.com Arena in Los Angeles.
“We’re thrilled to return to the Beverly Wilshire Hotel for the 25th anniversary ELI Grammy Week Event to salute the impact of entertainment law on the music industry,” Harvey Mason jr., CEO of the Recording Academy, said in a statement. “The creative community is grateful for Peter’s advocacy on behalf of music makers, and I look forward to celebrating ELI’s mission to inspire dialogue between industry professionals and to cultivate an inclusive future generation of entertainment law practitioners.”
Over the course of his career, Paterno has nurtured the careers of dozens of recording artists. He has extensive experience in all aspects of copyright and trademark law, tax planning relating to the entertainment industry, litigation management and live theater production.
Paterno’s clients include Dr. Dre, Metallica, Van Morrison, Blink-182, Twenty One Pilots, Skrillex, Tyler the Creator, Q Tip, Goo Goo Dolls, Rage Against the Machine, Rancid, Alice In Chains, Offspring, Linda Ronstadt, Jared Leto/Thirty Seconds to Mars, Roddy Ricch, Richard Sherman, Sia, Shirley Manson, Alanis Morissette and Tori Amos — as well as the estates of Tupac Shakur and Henry Mancini.
Peter T. Paterno
Ron Lyon
In 1990, Paterno started and became the first president of Hollywood Records, the Walt Disney Company’s popular music record label.
The Service Award winner is determined by ELI’s executive committee, which is currently chaired by Laurie Soriano. Members include Kris Ahrend, Sandy Crawshaw-Sparks, Susan Genco, Renee Karalian, Michael Kushner, Dina LaPolt, Wade Leak, Angie Martinez, Tanya Perara, Julian Petty, Leron Rogers, Henry Root, Bobby Rosenbloum, Julie Swidler, Jeff Walker, Robert Windom and Stephanie Yu.
The ELI Grammy Week event will also celebrate the winner and two runners-up of the Entertainment Law Initiative writing contest, co-sponsored by the American Bar Association. The contest challenges students in Juris Doctorate and Master of Laws programs at U.S. law schools to research a pressing legal issue facing the modern music industry and outline a proposed solution in a 3,000-word essay. Students have until Jan. 3, 2023, to enter the contest.
A $10,000 scholarship is awarded to the author of the winning paper, and $2,500 scholarships are awarded to two runners-up. The winning paper will be published in the ABA’s journal Entertainment & Sports Lawyer. The winner will also receive travel and tickets to Los Angeles to attend the 65th Grammy Awards, MusiCares Person of the Year and the ELI Grammy Week Event. See official rules, detailed prize packages and deadlines at recordingacademy.com/eli.
Individual tickets and a limited number of discounted student tickets to the ELI Grammy Week event are on sale now.