Sleeping through testimony is now at the center of Kewon White’s effort to undo his capital murder conviction. Attorneys for the man found guilty of killing Dallas rapper MO3 are asking for a new trial, alleging that one juror repeatedly dozed off while evidence was being presented during the eight-day proceeding. The defense argues that the problem was obvious enough that both sides brought it to the judge’s attention, yet the juror remained on the panel.
According to FOX 4 Dallas-Fort Worth, White’s attorneys recently filed a motion accusing the juror of falling asleep nearly every day for several minutes at a time. The filing claims she would wake up and later drift off again, missing portions of witness testimony and other evidence presented in court.
“The juror’s sleep was open and obvious,” the defense wrote. The motion describes her leaning back with her head tilted or dropping her head forward while proceedings continued. White’s attorneys contend that letting a juror miss parts of the trial deprived him of his right to a full jury of 12.
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Defense Says The Sleeping Juror Was Raised During Trial
White’s attorneys say they didn't discover this issue after the verdict. The filing claims both prosecutors and the defense repeatedly alerted Judge Chika Anyiam when the juror appeared to be sleeping. At times, the court reportedly responded by taking short breaks, but the defense alleges the juror resumed dozing afterward.
One episode became serious enough that the juror appeared unwell while slumped in her seat. She told the court she was able to continue, though Anyiam later ended proceedings for the day after speaking with attorneys from both sides.
White was convicted of capital murder in September for the November 2020 killing of MO3, whose real name was Melvin Noble. Prosecutors said White chased the rapper on Interstate 35E in Dallas before fatally shooting him. He was sentenced to life in prison without parole after the jury returned its verdict.
The new-trial motion is separate from the appeal White filed after his conviction. Judge Anyiam has 75 days to rule on the request, according to FOX 4. Further, what happens with White’s conviction could also become relevant as another major case tied to MO3’s death approaches. Prosecutors accuse Yella Beezy, born Markies Conway, of hiring White to carry out the killing, an allegation Conway has denied. His capital murder trial is currently scheduled to begin with jury selection on October 26.
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