Judge denies motion to dismiss Jonathan Majors case paving way

Judge denies motion to dismiss Jonathan Majors case, paving way for trial

Jonathan Majors

Jonathan Majors

Courtesy of Derek White/Getty Images

New York Judge Michael Gaffey on Wednesday denied the defense’s request to dismiss assault and harassment charges against Marvel actor Jonathan Majors. This clears the way for the trial on November 29th.

The defense also filed a motion to seal the case, requesting that certain pieces of evidence remain sealed and not accessible to the public. The defense argued that this evidence contained “sensitive information” that could jeopardize Majors’ right to a fair trial. The state did not comment on the motion and Gaffey told the courtroom press that they had until November 6 to file objection papers.

Majors appeared in court virtually as the judge mentioned he was currently out of state.

Majors is charged with four misdemeanor counts of harassment and assault after he was arrested following an alleged domestic violence incident on March 25. Police responded to a 911 call in which a 30-year-old woman, now identified as Grace Jabbari, reported being attacked by someone Majors, with police noting she suffered minor injuries. Majors was released from police custody later that day.

In June, the Loki actor filed a counterclaim against Jabbari, claiming she attacked him that night. His lawyer, Priya Chaudhry, denied any wrongdoing on behalf of her client and said he called 911 out of concern for Jabbari’s mental health. Judge Gaffey said Wednesday that he would issue a new protective order prohibiting contact between Majors and Jabbari.

According to court documents filed in connection with the case, Jabbari was also issued an investigation card, or I-Card, in late June, which is not a warrant but rather an NYPD document informing officers that there is probable cause for there has been an arrest in connection with the cross-complaint. However, prosecutors working in the case have informed police, defense and Jabbari that they will not prosecute Jabbari in connection with the incident, citing the delayed nature of the allegations as well as the process of assessing counter-complaints in domestic violence cases.

Chaudhry filed a motion to dismiss the case on Sept. 12, which, along with the state’s response, was considered by a New York Criminal Court judge on Wednesday.

The defense motion alleged that the state withheld and buried evidence that would support claims of Majors’ innocence and potentially cast suspicion on Jabbari while she testified and prejudice the NYPD’s investigation of Jabbari. They also claimed the state failed to disclose communications with the NYPD or any benefits discussed in connection with not prosecuting Jabbari, and the defense claimed that 911 calls were missing, among other things.

All of this also affects Majors’ right to a speedy trial, the defense said, which requires the state to be ready within 90 days of the commencement of the lawsuit. The state has accumulated more than 100 billable days, they argue. On Wednesday, Judge Gaffey ruled that only 71 days had passed.

Among the allegations, the defense also alleged that the state did not initially provide a copy of the identification card that authorized Jabbari’s arrest in June, nor did it disclose what the defense said was the state’s “alleged attempt” to open NYPD I. deactivate”. -Card and call on the NYPD not to investigate or charge Jabbari, as well as any other benefits they provided to Jabbari.

In response, prosecutors said that the NYPD initially told defense attorneys that it had approved an I-Card authorizing the victim’s arrest on June 23, but that police did not inform prosecutors until late August. In addition, prosecutors countered that a wanted flyer issued in connection with the I-Card and containing a photo of Jabbari provided by the defense proved that the team knew of the existence of the I-Card.

Additionally, they denied all allegations of directing the NYPD to issue or deactivate an I-Card.

As for the potential benefits offered to Jabbari, the prosecution said it would pay travel and accommodation costs for Jabbari, who lives in the UK, to give evidence at the trial. The decision not to prosecute Jabbari, communicated to the state, was not an advantage, as the defense had argued, but rather a routine decision as part of the case, they say.

Prosecutors also disputed the elapsed time, saying only 34 sentencing days had elapsed, rather than the 100 claimed by the defense, and that the state had argued it had provided all relevant evidence, including phone records, medical records, surveillance videos from eight locations, photographs, etc Text messages from witnesses and that it was not buried but properly labeled.

Overall, the two parties disagree about who was the perpetrator. While Chaudhry maintains that her client is innocent and that Jabbari was the attacker, the state maintains that the events of March 25 began when the two were riding in a car and Jabbari received a message on the major’s phone that said, “I wish “I would kiss you” saw “right now” and reached for the phone. Majors then allegedly grabbed her hand, twisted her forearm, punched her in the ear and later “threw her back in the car” after getting out. Jabbari “suffered significant pain, including a broken finger, bruising to her body, a laceration behind her right ear and a bump to her head,” court documents said.

In June, Chaudhry said she was calling for a quick trial date for Majors to expedite the case. Majors has appeared in court both virtually and in person in recent months.

On Sept. 6, prosecutors said they were ready for trial and had filed a certificate of compliance, but Majors’ attorneys said they found deficiencies in the certificate, leading them to file the motion to dismiss.