Tekashi 6ix9ine’s co-defendants are battling prosecutors over being able to grill the rapper about his prior child sexual misconduct conviction.
According to court documents obtained by The Blast, prosecutors are informing the judge of an issue with Aljermiah Mack aka “Nuke” and Anthony Ellison aka “Harv” over their upcoming trials.
Ellison worked as part of 6ix9ine’s management at one point and Mack is accused of being a part of the Nine Trey Gangsta Bloods gang, the same the rapper was involved. Mack is accused of working with Ellison to kidnap and rob Tekashi last year. The two men allegedly made off with $750,000 worth of jewelry and $20,000 in cash.
Both are headed to trial in the near future.
Tekashi 6ix9ine, who has been cooperating with prosecutors, is set to testify against Mack and Ellison in the trial. Tekashi worked out a deal where he spilled secrets against his co-defendants.
In newly filed docs, prosecutors are requesting the judge not allow any talk of Tekashi’s previous conviction of “Use of a Child Less Than 17 Years of Age in a Sexual Performance” in 2015, during the upcoming trial.
The prosecutors don’t want Mack and Ellison to be able to cross-examine Tekashi about the conviction on the stand. In newly filed docs, they argue the case for Tekashi (listed as CW-2, cooperating witness #2).
They state, “The defense should be precluded from cross-examining CW-2 about the October 2015 Conviction, including the underlying facts supporting the conviction, because any probative value of that testimony is substantially outweighed by unfair prejudice”
Further, “In or about February 2015, CW-2 was with two other individuals in an apartment, when an underage girl arrived. The girl performed sex acts on the two other individuals. The acts were filmed while CW-2 could be seen grabbing the girl, fondling her breasts and buttocks. The videos were subsequently uploaded to social media. CW-2 pleaded guilty pursuant to a plea agreement.”
Prosecutors believe any talk of the 2015 conviction, “is likely to cause a jury to unfairly discount CW-2’s testimony due to feelings of disgust concerning the underlying conduct. Cross-examination about this topic would be inappropriate because it would be substantially prejudicial, entirely non- probative of any relevant issue, and irrelevant to testing the truthfulness of CW-2’s anticipated testimony.”
They argue the sexual misconduct case has no relevance to the federal charges at hand. They have no issue with his other crimes bring brought up during cross-examination.
Mack and Ellison want to use the 2015 conviction during cross-examination, to call into question the rapper’s character. A judge has yet to rule.