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Judge Denies Motion to Dismiss Case Against Jonathan Majors, Paving Way For Trial

The actor's attorney last month filed the motion that claimed that the state withheld and buried evidence which would prove Majors’ innocence and potentially cast suspicion.
Jonathan Majors COURTESY OF DEREK WHITE/GETTY IMAGES

Jonathan Majors COURTESY OF DEREK WHITE/GETTY IMAGES

Judge Michael Gaffey rejected the defense’s motion to dismiss the misdemeanor assault and harassment charges facing Marvel actor Jonathan Majors Wednesday, clearing the way for trial.

Majors faces four misdemeanor charges of harassment and assault after being arrested following the alleged domestic violence incident on March 25. Police responded to a 911 call where a 30-year-old woman, who has since been identified as Grace Jabbari, reported being assaulted by Majors, with police noting that she had sustained minor injuries. Majors was released from police custody later that day. 

In June, the Loki actor filed a cross-complaint against Jabbari, alleging that she attacked him that night. His attorney, Priya Chaudhry, has denied all wrongdoing on behalf of her client and said that he had called 911 out of concern for Jabbari’s mental health. 

According to court documents filed in relation to the case, an investigatory card, or I-Card, which is not an arrest warrant, but is an NYPD document alerting officers that there is probable cause for an arrest, was also issued for Jabbari in late June in relation to the cross complaint. However, prosecutors on the case have informed police, defense and Jabbari that they will not be prosecuting Jabbari in relation to the incident, citing the belated nature of the allegations as well as the process of evaluating cross complaints in domestic violence cases. 

Chaudry filed a motion to dismiss the case on Sept. 12, which, along with the state’s response, were evaluated by the judge in New York Criminal Court Wednesday.

The defense’s motion claimed that the state withheld and buried evidence which would prove Majors’ innocence and potentially cast suspicion on Jabbari as she testifies, and interfered with the NYPD’s investigation into Jabbari. They also alleged that the state did not disclose communications with the NYPD or any benefits discussed in relation to not prosecuting Jabbari, and alleged missing 911 calls among other items.

All of this also interfered with Majors’ right to a speedy trial, the defense said, which requires the state to be ready within 90 days of when the action commenced. The state has accrued more than 100 chargeable days, they argue. 

Among the allegations, the defense also alleges that the state did not initially provide a copy of the I-Card authorizing Jabbari’s arrest in June and also did not disclose what defense says was the state’s “purported attempted” to “deactivate” the open NYPD I-Card and urge the NYPD not to investigate or charge Ms. Jabbari,” as well as any other benefits they have conferred upon Jabbari. 

In response, prosecutors stated that the NYPD first told the defense counsel they had authorized an I-Card authorizing the victim’s arrest on June 23, but police did not inform prosecution until late August. Further, prosecutors countered that a “wanted” flyer, issued in connection with the I-Card, featured a photo of Jabbari provided by the defense, proving that the team was aware of the I-Card’s existence. 

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

As far as potential benefits offered to Jabbari, prosecution disclosed that it would pay for the travel and lodging for Jabbari, who is a British resident, so that she can testify at the trial. The decision not to prosecute Jabbari, which was disclosed to the state, is not a benefit, as the defense has argued, but rather a routine decision as part of the case, they say.

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

Overall, the two parties disagree on the perpetrators of the event. While Chaudry has claimed their client is innocent and that Jabbari was the aggressor, the state claims that the events of March 25 began when the two were riding in a car and Jabbari saw a message on Majors’ phone that read “Wish I was kissing you right now,” and reached over to grab the phone. Majors then grabbed her hand, twisted her forearm, struck her ear and later “threw her back inside” the car after she had exited. Jabbari “sustained substantial pain, including a fractured finger, bruising about her body, a laceration behind her right ear, and a bump on her head,” according to the court docs.

In June, Chaudhry said she was requesting a quick trial date for Majors in order to speed up the case. Majors has appeared in court, both virtually and in person, across the past several months.

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

Author: Editors Desk

Source: THR (The Hollywood Reporter)

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