Site Last Updated: 3:25 PM EDT, January 9, 2009

Remy Ma Files Appeal, Wants Out Of Jail By The Holidays

Published: Friday - November 21, 2008
Words by Allen Starbury

Remy Ma
Remy Ma (Photo: Getty Images)
Incarcerated rapper Remy Ma wants to be out of prison by the holidays, and has filed an appeal in hopes of making that happen.

According to TMZ, Remy Ma (real name: Remy Smith) and her lawyers have filed an appeal requesting that her eight-year prison sentence be dropped on grounds that the judge presiding over her case made countless mistakes during her trial.

"The trial court's order forbidding defense counsel from arguing during summation that Makeda Josephy (the victim) was shot during a struggle for the gun denied Ms. Smith a fair trial," the lawsuit reads. "Ms. Smith was unfairly prejudiced by the inclusion in the indictment of the counts regarding the violent gang assault at the Player's Club, as to which there was no evidence of her complicity, but which likely colored the jury's consideration of the remaining counts."

In court documents, the rapper's lawyers argue that several errors were made by the judge, which may have led to an inaccurate verdict. In closing arguments of the trial, earlier this year, Remy's attorney Ivan Fisher argued that Smith-Barnes' (the victim) testimony actually supported his client's explanation of the shooting as an accident.

However, the jury was instructed that if they believed the victim to be "truthful and accurate," under law, her words would have been enough to establish reasonable doubt.

Due to the circumstances, via the lawsuit, they are asking for a dismissal.

Remy Ma was convicted of first degree assault, criminal possession of a weapon and attempted coercion. She will not be eligible for parole until September 2014.




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