AML people, by now many of you, have heard and read news stories about the Meek Mill criminal case in which he was recently sentenced to 2-4 years in prison as a result of an alleged violation of probation. In addition, you probably know his recent request for bail at the trial court level was denied, and so was his appeal at the appellate level. For those of you subscribed to the AML newsletter, you have received my updates about his ongoing legal shenanigans. Now, let me take it on officially here on the blog.
First, in my view, Mill needs a change of strategy with his “Judge Genece E. Brinkley is a villain” approach because it is simply not working.
Second, contrary to public opinion, I actually believe Mill has been given many passes when compared to what I have seen and experienced in the past as a criminal defense attorney in situations like Mill. I am actually surprised at the many breaks this particular judge gave Mill.
Third, we need to separate Mill becoming a better person and turning his life around from his actions that got him into the criminal justice system in the first place. Yes. It is great to beg for mercy and hope, that he receives one based on his changed perspective on life and actions. But, he is not entitled to it. Brinkley is a black judge who in my view gave this particular defendant many breaks.
Fourth, in criminal courts, while it is nice that a judge may listen and adopt the recommendation of the probation department and district attorney’s (DA) office, they are not required to do so. It is simply a recommendation and I can tell you for free that during my experience as criminal defense counsel, there were times that myself and the DA agreed on one thing but the judge decided to do something completely different. Judges are impartial judicial officers and not required to follow a DA’s recommendation. In fact, when I look at the alleged procedural history of Brinkley in this case, it seems Mill may have received as many passes as he did precisely because this judge exercised her own discretion within the boundaries of the law, and not the recommendation of the DA, in giving Mill as many passes as he received.
Fifth, speaking of impartiality, it is alleged by Mill that Brinkley engaged in inappropriate conduct and therefore should recuse herself. Specifically, it is alleged that Brinkley, in the privacy of her chambers, requested that Mill remix a Boyz II Men song and include her name as a “shout out.” In addition, they claim she told Mill to leave Roc Nation and sign with a local music manager called Charlie Mack. Here are my issues with these allegations. With respect to the court, on an appellate level, Mill’s team has failed to convince the appeals court of this alleged misconduct. In fact, Mill has been sent back to Brinkley, yet again, for purposes of the adjudication of his case. Further, reports now claim that Mill was the one who went to the FBI about Brinkley’s alleged unethical conduct last year, and when the FBI allegedly asked for his cooperation to get this bad judge off the bench, he refused. I suppose he didn’t want to be a “snitch.”
So, here is the judge who is supposedly unethical and abusing her power yet Mill allegedly did not want to get her off the bench when he had the opportunity to do so so that he and persons like him will not suffer a similar plight and lose their freedom? *Confused face.*
Sixth, I wonder why it took this long and these many years for the defense team to move to have Brinkley taken off the case. In most jurisdictions, there are tools lawyers can employ to get allegedly biased judges off a case. Some of those tools don’t even require a criminal defendant to explain the basis for doing so. I know I routinely used them when I practised in criminal courts against judges I believed displayed bias against my clients.
Folks, either way Mill and his attorneys look at this case, they need to go back to the drawing board and rethink their strategy. They also need to cease the attempt to assassinate the character and integrity of this judge in the media and public space. It is not working and it is not the best strategy even if they do get what they want. The best strategy is to realize that so long as Mill is having to return to Brinkley on all things relating to his case, he must and should look at the judge as one he is trying to negotiate with for the best possible outcome. His approach cannot vilify her and yet expect a positive outcome. He will lose every time. This is because she can actually stick by the rules and still get him locked up for 2-4 years. He has no evidence yet, to show that this judge violated a judicial ethics code. Heck, the appellate courts just sent him back to her despite his claims. Also, he allegedly chose not to cooperate with the FBI to catch her in his alleged unethical conduct. Therefore, it is what it is and he must rethink his legal and PR strategy if he expects to be released anytime soon.
Having said all the above, I do believe that Brinkley is acting very inconsistent with her prior history and decision making in this case. When you look at the timeline of this case (excerpt below from the Associated Press), you see a judge who gave Mill many breaks and in my view even helped stir him towards staying focused and with his music career, by virtue of some of her orders. See her January 2009 ruling below.
Now that he, in fact, has turned his life around, why is she refusing to grant the leniency she has historically granted. He has in fact made something of himself thanks to the many breaks she gave him. Why are we here and having her be so set on locking him up and making claims that he is a “danger to the community?”
The answer to that, in my view, lies in the attorney for Mill and Mill himself missing the point that Brinkley is human and wants to be appreciated, even if she wears the black robe, for her efforts. That to me is what Mill’s attorney and Mill need to focus on when in front of this judge. They need to ram this point home. We thank you for prior past especially when you look at the sentencing guidelines, my probation terms etc. and your contribution to getting me here. But here is why you shouldn’t reverse that pattern and why I am not “thumbing my nose at you,” as you seem to think.
I would cease all the media discussions, interviews, celebrity fanfare et al. even if Jay-Z is involved. It is too distracting and removes from the case. I would also cease the implicit and explicit threats to the judge. Instead, focus on the legal action that must be taken. File the necessary appeals that need to be filed including any arguments that can be made for her to recuse herself, encourage Mill to be on his best behaviour and bring evidence of good prison behaviour that allows his attorney to go before Brinkley to make an appeal for release.
I don’t agree with Brinkley that Mill is a danger to the community. I do not believe there is anything to substantiate such an inference based on the limited information I have in the public domain, and her own prior history of giving him many breaks when persons similarly situated like him would not get such breaks. He has actually turned his life around and there are actions to prove this.
Again, I believe Mills team and their approach is simply not working and sets him up for possible long-term incarcerations even if he should be released, today, through vilifying Brinkley and painting her as a villain. It is essential he works this relationship out and does so through negotiations taking into account the points I raised above.
Folks, that is my take on this case. It certainly runs counter to the media and mainstream hype but I believe is the most prudent approach in this case and does not stop Mill’s legal team from still trying to get the judge off the case. What are your thoughts? Do you agree with me? Share your comments in the comment section or hit me up via my social media channels to continue the discussion.
Cheers,
-Ms. Uduak
The timeline of events per excerpts from the Associated Press:
“HOW DID ALL THIS START?
JANUARY 2007: Mill is arrested in Philadelphia, charged with assault, drug and gun possession. According to a criminal complaint, he pointed a firearm at a police officer and was forcibly subdued.
AUGUST 2008: Mill is convicted of charges including simple assault, possession of a controlled substance with intent to deliver, possession of a loaded weapon.
JANUARY 2009: He is sentenced to 11? to 23 months behind bars, seven years of probation. Common Pleas Judge Genece Brinkley says the term was “considerably shorter” than it could have been. She wrote that the court wanted to “give him an opportunity to turn his life around from selling drugs and instead focus on his musical talent.”
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RELEASE AND PROBATION
JUNE 2009: Mill is released from jail after five months and paroled under house arrest. He is given permission to work but is also ordered to earn a high school equivalency diploma and undergo drug treatment.
2010-2012: On multiple occasions, he tests positive for marijuana and opioid use but is not held to be in violation of the terms of his release.
DECEMBER 2011: He is found to be in technical violation for testing positive for opioid use but is not jailed.
2012: After a court date is rescheduled several times because of Mill’s “unavailability and failure to communicate with his attorney,” Brinkley writes in a court document, his travel outside Philadelphia is suspended.
MARCH 2013: He is found in violation of probation for traveling outside the city but is not jailed. Instead, he is ordered to enroll in an etiquette course to address “inappropriate social media use and crude language in the courtroom,” court documents state.
JULY 2014: He violates probation again, this time for failing to report to his probation officer, making unauthorized travel plans and ignoring the court’s orders. He is returned to jail for about five months and given an additional five years of probation.
DECEMBER 2015: Mill is back in court for his fourth hearing for violations. Authorities say he didn’t report to his probation officer, disobeyed travel restrictions and submitted a sample of cold water for a urine test. A lab technician testifies that Mill told him that the sample was cold because he drank a lot of water. His then-girlfriend, Nicki Minaj, testifies on his behalf. Mill’s attorney says his work in the entertainment business makes it hard for the rapper to comply with orders restricting his travel. Sentencing was scheduled for February.
FEBRUARY 2016: He is sentenced to 90 days house arrest and is required to do community service.
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RECENT IMPRISONMENT
NOV. 6, 2017: Brinkley sentences Mill to two to four years in prison for violating probation. She cites a failed drug test, failure to comply with an order restricting his travel and two other unrelated arrests — one in St. Louis for a fight in an airport where charges against him were later dropped and the other for reckless driving in New York City where he took a dismissal deal.
“You basically thumbed your nose at me,” she says.
The prosecutor and his probation officer recommended he not be imprisoned.
Mill admits to the violations but says jailing him would likely end his musical career. “I may have made a mistake but I never had the intention of disrespecting you,” he said.
He’s currently in a Pennsylvania prison.
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LEGAL BATTLE, PR CAMPAIGN TO FREE HIM
Mill’s lawyers file appeals to have him freed on bail, and ask judge to recuse herself. They allege Brinkley has made the case personal and has assumed an “essentially prosecutorial” role.
They say she suggested Mill record a version of the Boyz II Men song “On Bended Knee” and mention the judge in it. After Mill declined, the judge replied: “Suit yourself,” his lawyers say. This conversation occurred in the judge’s chambers and a transcript of the meeting is unavailable. Brinkley can’t comment, a person at her office says...”