Crime Fix with Angenette Levy - Lawyer for Young Thug's Attorney Speaks On Judge Sending Him to Jail

Episode Date: June 11, 2024

Brian Steel, the attorney representing Young Thug in his RICO trial, was held in contempt after refusing to answer a question from Judge Ural Glanville. Steel said he found out about a meeting Judge Glanville held with a state's witness and the prosecution in his chambers. Steel refused to disclose how he learned of the meeting. Law&Crime's Angenette Levy looks at how the ex parte meeting and the contempt finding could impact Steel and the trial with his lawyer, Ashleigh Merchant, in this episode of Crime Fix — a daily show covering the biggest stories in crime.PLEASE SUPPORT THE SHOW:Blueland has a special offer for Crime Fix's audience. Right now, get 15% off your first order by going to https://ww.Blueland.com/CrimeFixHost:Angenette Levy  https://twitter.com/Angenette5Guest: Ashleigh Merchant  https://x.com/AshleighMerchanCRIME FIX PRODUCTION:Head of Social Media, YouTube - Bobby SzokeSocial Media Management - Vanessa BeinVideo Editing - Daniel CamachoAudio Editing - Brad MaybeGuest Booking - Alyssa Fisher & Diane KayeSTAY UP-TO-DATE WITH THE LAW&CRIME NETWORK:Watch Law&Crime Network on YouTubeTV: https://bit.ly/3td2e3yWhere To Watch Law&Crime Network: https://bit.ly/3akxLK5Sign Up For Law&Crime's Daily Newsletter: https://bit.ly/LawandCrimeNewsletterRead Fascinating Articles From Law&Crime Network: https://bit.ly/3td2IqoLAW&CRIME NETWORK SOCIAL MEDIA:Instagram: https://www.instagram.com/lawandcrime/Twitter: https://twitter.com/LawCrimeNetworkFacebook: https://www.facebook.com/lawandcrimeTwitch: https://www.twitch.tv/lawandcrimenetworkTikTok: https://www.tiktok.com/@LawandCrimeSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Wondery Plus subscribers can binge all episodes of this law and crimes series ad-free right now. Join Wondery Plus in the Wondery app, Apple Podcasts, or Spotify. Mr. Steele, I am going to hold you under, still hold you in summary criminal contempt. The judge in Young Thug's Rico trial orders the rapper's attorney to jail for contempt. How did you get that information supposedly from my chambers? Did somebody tell you? You should have told me. You got five minutes. This happened after lawyer Brian Steele refused to tell the judge how he found out about a meeting between the judge, the prosecutor, and a state's witness. Steele's lawyer is here with what's next

for him and Young Thug's trial. I'm Anjanette Levy and this is Crime Fix. It was a crazy, wild day in court in Young Thug's trial. On Monday, it started with testimony from Kenneth Copeland, who goes by Little Woody. Copeland wasn't really into testifying despite being given immunity by the prosecution. He spent the weekend in jail after refusing to testify on Friday. Copeland took the stand on Monday and let it be known that he wasn't going to do it. And Mr. Copeland, good afternoon. Do you want to be here? Ma'am.

Do you want to be here? I'm here. Okay. Are you going to let me ask you some questions? Okay. How old are you? Grown. Okay. What does grown mean? I'm an adult. Okay. And when you say you're an adult, what number in years are you? Grown. Okay, what does grown mean? I'm an adult. Okay, and when you say you're an adult, what number in years are you?

I plead the fifth. So after that, Brian Steele let the court know that he found out that Judge Yuro Glanville, prosecutors Ann Copeland, with his lawyer, met in chambers without members of the defense teams, including Steele, present. I was told based upon information and belief that when we arrived at 8.30, 9 o'clock today, we did not come into your courtroom until almost 11, 11.30. And what I found out just recently, this is not waived, is that supposedly in chambers, this honorable court, honorable court reporter at times, honorable court at times, district attorney or district attorneys from the DA's office,

as well as investigators, sheriff deputies, Mr. Copeland and his counsel met together. None of the defense team, to my knowledge, was aware that this was going on. It was told, based upon information and belief, that it was told to the district attorneys that Mr. Copeland intended to plead the Fifth Amendment. Can I interrupt you just a second? I'm kind of disturbed because that's ex parte. All that was an ex parte conversation. How did you find out about any of that? Now, this seems really unusual that a judge would be meeting in chambers with a state's witness and the prosecutor without a member of the defense team there. But Judge Glanville was

furious that Steele found out about the meeting in chambers. So I understand that you're upset towards me, but I don't know what I did. Mr. Steele, I still want to know, how did you come upon this information? Who told you? What I want to know is why wasn't I there? Sir, I'm going to hold you in contempt if you don't tell me who this information was coming from. I don't want to be held in contempt. I'm not answering that question. That's attorney-client privilege information. I'm not answering that question. That's attorney-client privilege information. I am not answering that question.

Attorney-client privilege. Unless you were in my chambers, that's the only way you can figure out. I am telling you. I'm going to give you five minutes. If you don't tell me who it is, I'm going to put you in contempt. Because that is not attorney-client privilege. Attorney-work product privilege. I am not.

How did you get that information supposedly from my chambers? Did somebody tell you? I'm not. You should have told me. You got five minutes. Winfield actually ordered that Steele be thrown out of court for the day over Steele's objection and the objection of his co-counsel. Well, I'm going to hold you in contempt.

And you can think about it. objection and the objection of his co-counsel. I asked you how you got it. I can't do that. Yes, you can, because I have an idea how you got it. Well, your idea may be wrong. I have an idea how you got it, but that's improper, sir. Your idea may be wrong, and you're asking me to... Listen, I told you the first time, and I'm not going to breach that confidence. I don't want to hold you in contempt, but this is that serious. Judge, I'm going to raise this. You cannot eavesdrop and get information that was not meant for you to hear at that particular point. The prosecutor on the case, Adrian Love, said there was nothing improper about what happened with this ex parte meeting in chambers regarding Kenneth Copeland being held in contempt.

We certainly have the right to request ex parte communications. That's why we ask that the court reporter upon a person for not obeying the court's directive. Now, it seems like even the prosecutor thought that this could be an issue. Adrienne Love asked that Steele be allowed to return to the courtroom. We would ask that the court fashion a punishment for the contempt that affords Mr. Williams the right during these proceedings while court is in session to both counsel for both of his counsels. For Mr. Steele to be present in the courtroom, he can still be held in contempt. But for Mr. Williams to have representation of both Mr. Steele and Mr. Adams while court is in session, and that the court's

remedy does not affect his ability to have his counsel of choice represent him during this trial. Now, later in the day, and I mean the evening after 7 p.m., Attorney Ashley Merchant came to court to represent Brian Steele in this contempt matter. Judge, just for the record, is, so is the criminal contempt, is it criminal contempt that you held him in? Yes, ma'am. Okay, and you said you had a hearing earlier today. I, no, with criminal contempt, I told him what the contempt was, and that was he refused to tell, you know, order of the court,

if counsel, as you know, if the court orders you to do something and you don't, that's criminal contempt. So I've asked him several times, please just tell me who it is that told you. I didn't ask or inquire about anything that was said. I just want to know who it was. Because he's got too much detail of this particular alleged conversation for the court to be concerned about it. And, Judge, since it is a criminal contempt, he is entitled to due process. He's entitled to a hearing, entitled to an actual show cause, entitled to the allegations actually written, entitled to a witness list.

We're entitled to present our own witness list and notice of that. Well, no, criminal contempt is different. It is on the spot. So he's gotten the due process he's going to get. That's on the spot. I told him, plus he's had all day to tell me who it is that is it. So a little different, Ms. Merchant, I'm going to disagree with you, but. Well, judge, just, just for the record, it's, um, that's direct. So what you're holding him in is in direct criminal contempt. Yes. Um, the issue with the direct criminal contempt is whether or not to actually hold a hearing now,

whether or not it needs to be held immediately. And the problem is if you hold him in direct criminal contempt, as you're saying that you did, you are a witness to that proceeding. And so it has to be referred to another judge. Doesn't require recusal. You actually have to sui sponte, send it to another judge because you're a witness to the proceeding. If you're anything like me, you are always cleaning up a mess, especially with pets and kids around the house. So having cleaning products, especially sleek spray bottles

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cleaner and they have ingredients that you can feel really good about using so we have a special offer for you. Right now, you can get 15% off your first order by going to blueland.com slash crimefix. Argument from Merchant didn't matter one bit. Judge Glanville held Brian Steele in contempt. Mr. Steele, I am going to hold you under, still hold you in summary criminal contempt pursuant to OCGA 15-1-3, subpart 3, for your failure to comply with my earlier order today. I'm going to order that you be taken into custody and incarcerated in the Fulton County jail for no more than 20 days for this contempt.

Those 20 days consisting of every weekend for the next 10 weekends. And you'll be reporting to 901 Wright Street, Northwest, Atlanta, Georgia, 30318 at 7 p.m. on Fridays. You'll be released on 7 p.m. on Sundays. And it's to commence this Friday, June the 14th at 7 p.m. and not to end till Sunday, August the 18th at 2024, 7 p.m., subject to further order of this court. Now, after the judge said that Brian Steele was going to have to spend his weekends in jail, Steele had just one request. Can I ask a question?

Sure. I'm going to file a notice of appeal, but for whatever reason that doesn't take and you don't give a bond, then I'd ask that I can be with Mr. Williams and we work on our case all weekend for all those weekends. Otherwise, I can't prepare. I speak with Mr. Williams all the time.

That's up to you. Sir, if that comes to pass, you have my support. I will talk with our sheriff and we may be able to make that work, okay? And this entire thing has turned Brian Steele into a hero of sorts among defense attorneys. Joining me is Ashley Merchant. She is Brian Steele's lawyer. She's also the president of the Georgia Association of Criminal Defense Lawyers. So Ashley, talk to me a little bit about

how you end up at the Fulton County Courthouse last night at 7.30 at night, representing Brian Steele in this issue, this contempt matter. Definitely not how I imagined my day beginning or ending. I was in a meeting and my paralegal came in and said, your phone is lighting up and Brian's in custody. And I said, oh my God, call me on my phone. I'm getting in and said, your phone is lighting up and Brian's in custody. And I said, oh my God, call me on my phone. I'm getting in the car. I'm driving down there. And I've served for many years as GAPTL, as our association's contempt attorney, where we have attorneys that we dispatch if any lawyers are ever held in contempt. We call it strike force. So I'm a member of that. So I'm one of the lawyers that regularly would represent someone. But when I heard Brian was in custody, I had to go myself. And luckily, he's very loved in our community.

And so many members of our team went down there and were there. And so we had a very strong showing of force. But it was definitely something I did not expect to happen. You're a criminal defense attorney, and you've done a lot of murder trials. Is this unusual? Because it sounds unusual to me that a judge would meet in chambers with a prosecution, you know, the star witness for the prosecution, the prosecution, the star witness's lawyer, and they'd all be there having a confab together without a member of the defense team present. Is that weird? That seems like an ex parte communication or something. Right. And, you know, during my hearing, the judge is admitting that he a member of the defense team present. Is that weird? That seems like an ex parte communication

or something. Right. And, you know, during my hearing, the judge is admitting that he had this ex parte communication. And it seems like that should be what everyone's focused on, not whether or not Brian is going to tell him who told him the judge had this ex parte. It just seemed like deflecting. You know, the judge was in trouble, got caught with having this ex parte hearing. Instead of admit to that and handle that, you that, when Brian brought it up, they're going to throw Brian in jail. It just didn't make a lot of sense. But like you said, it's unheard of.

These proceedings are supposed to be what we call adversary, where all the defense is there. The defendants, the defense lawyers are all supposed to be present. But instead, they chose to have this meeting without inviting any of the defense, without letting them know. And when they brought that up, the lawyer ends up in custody. The only time I've ever heard of a defense attorney maybe being back in chambers meeting with a judge without the prosecution present or something like that happening is when it was like, oh, judge, we need to talk to you about funds we need allocated for an expert or something like

that. If it's like a for an expert or something like that. If there's, if it's like a public defender case or something, you know, that's the only time I've heard of this type of thing happening, but this, this just sounds hinky. So, so what are you doing for Brian now? Because Brian, as of right now, is supposed to report to the jail Friday night to spend his weekend in the cell with Young Thug, getting ready for court and doing his time for this contempt that you argued that he shouldn't be serving. Right. I mean, there's two huge issues there. The first, what we're doing is we are appealing it. So we're filing an emergency appeal. Thank God we have an emergency process in Georgia

to appeal contempt orders. We believe the judges of the appellate courts will grant a bond. And so hopefully Brian will not have to spend his weekend in the jail. The worst part, though, is this trial is continuing. And so imagine, you know, we don't just work during the hours you see us in court. When we're in court, we are regularly working after hours. We're working at night. We're working on weekends. I have never tried a case where I didn't work all weekend. And Brian is a very good lawyer and he does a lot of work on his cases, so he's definitely working all weekend.

You're taking a man from his office where he has computers, Westlaw internet, all this stuff, access to the case file, and this case file is huge, and putting him in a jail cell where he's none of that. The trial can't continue. I mean, it's just, it boggles my mind that anybody thinks that you could have the lead defense lawyer in custody the entire weekend and this trial continue unhinged. That defies logic to me. So you're filing the emergency appeal. I mean, I would assume you expect to hear back about that within a day or so. Am I wrong about that?

Or what's the process? What's the timeframe? Yes. Luckily in Georgia, when an attorney is subject to incarceration, the appellate courts respond very quickly. And what it's called is a supersedious bond. So essentially they issue a bond that kind of stays everything and says, wait, hold on. We're going to pause this.

You're not going to have to go to custody. You get to go and do this appeal. And so it just pauses that while the appeal is pending. If we're successful with the appeal, then Brian never has to go into custody. Obviously, if we lose the appeal, he could still be forced to spend weekends in custody, but that would be down the road. That wouldn't be right now. But then we have the issue of this big kerfuffle. I mean, this big mess, this big confrontation between the judge, who seems very angry and really dug in on his position, and Brian Steele. Now the trial continues and they have to move forward. Brian Steele

moved for a mistrial, that's not happening. Can this trial continue in your view and be tried fairly given what's happened? I mean, it doesn't matter if the jury didn't see this. It's something that is impacting the course of the trial. I can tell you as a defense lawyer, nothing will affect your advocacy more than a judge saying if you keep arguing and doing your job, I'm going to lock you up and putting you in handcuffs. Nothing will affect you more. And that's essentially what happened. Brian made an argument. He ended up in handcuffs. He ended up in the Fulton County Jail in the lockup for, you know, an hour or so before the judge let him out. Nothing will stop an advocate in their tracks more than going to jail because you can't do your job. And, you know, that fear has got to be in the

back of everybody's mind in that courtroom, every single defense lawyer. You know, some of them, they may have kids they've got to go home to and they can't go to jail. I mean, you think about the things that are going on in their minds. You know, you want to be able to do everything you can for your client, but you can't do that if you're in jail. But Ashley, can he go to the appellate court? Can Brian Steele maybe go to the appellate court and say, look at what happened? I mean, it's on video. That's not how appellate courts make decisions, but it could be filed as an exhibit and file

something saying this is, you know, some type of an appeal saying, what is going on here? What happened? Is impacting this trial? Can that happen? Oh, yes, definitely. And I was doing some research this morning working on this appeal. And the law is really clear. If you have an ex parte communication with a witness during trial, it is reversible error. So this error is, and what that means in the legal world is that's about as bad as it gets. That means it's reversible error. So this error is, and what that means in the legal world is that's about as bad as it gets. That means it's reversible. That means that any conviction is going to be reversed because of this. So if they want to try and remedy this, they better hurry up and remedy it. And the state should really be thinking about that because the state's duty is to preserve their

conviction. So if they were to get a conviction, they have a duty to make sure that the conviction stands on appeal. And this is reversible error. So I don't understand why they're not jumping up and saying, give him these transcripts, give him what he asked for in this ex parte. They have a duty to preserve the record as well. Otherwise, they're just wasting the taxpayer's dollars and keeping people incarcerated while they try this case that they know is not going to stand up on appeal if there is a conviction. Ashley Merchant, we'll keep an eye on it. Thank you so much. Thank you. And that's it for this episode of Crime Fix. I'm Ann Jeanette Levy. Thanks so much for being with me.

I'll see you back here next time.