Rapper C-Murder’s sentencing hearing for his Sept. 30 second-degree murder conviction will be postponed indefinitely because of a motion his lawyers filed.
The Gretna, La. clerk of courts office said the rapper’s legal representation filed a motion for a new trial on Oct. 7.
Some news outlets reported Judge Martha Sassone of the 24th Judicial District Court, who presided over the original trial, will hear the motion on Oct. 28. Sassone’s office did not respond to calls from The Reveille and the information could not be confirmed at press time.
C-Murder, whose real name is Corey Miller, was convicted Sept. 30 for second-degree murder of a 16-year-old male inside a Jefferson Parish nightclub – a crime that carries an automatic life sentence.
Miller, 30, allegedly beat and then fatally shot Steve Thomas Jan. 12, 2002 at the Platinum Club in Harvey, La.
Although Miller repeatedly said he is a victim of mistaken identity, a jury found him guilty of second-degree murder instead of manslaughter, which carries a prison sentence of only 40 years in prison.
Miller, whose older brother is rap mogul Master P, did not testify in the trial.
News reports said Thomas was participating in an MC battle at the Platinum Club the night of the shooting.
The Associated Press reported two prosecution witnesses testified that Miller beat, then shot Thomas. The defense presented nine witnesses who said Miller had nothing to do with the crime, but gave opposing descriptions of the rapper’s clothes and whereabouts within the club.
The AP also reported Miller’s attorney, Ronald J. Rokosky, argued the Jefferson Parish investigators did not provide substantial evidence against Miller, who only provided two witnesses out of 150 people still in the club when police arrived at the scene.
Upon hearing the verdict Rokosky requested a mistrial because he was defending his client solely on second-degree murder charges, not manslaughter charges – a charge an appeals court said he could have been charged with.
Sassone refused the motion.
The AP reported Rokosky complained that Miller was accused throughout the case of second-degree murder and only on the trial’s final day did prosecutors mention the possibility that he was guilty of manslaughter.
Because of the new motion, Miller will remain behind bars in a Jefferson Parish prison.