NEW YORK —
At the heart of the motion is an alleged inconsistency between the arresting officer's account and that of the detective that filed the police report.
It was previously testified in court that the exchange between the arresting officer and Wayne on the rapper's tour bus differed from what was ultimately reported about the matter. There is also the question of whether events in the report unfolded before or after the bus had been stopped. The police contend that they smelled marijuana before they stopped the bus and entered the vehicle, where they eventually discovered an illegal firearm. Wayne's lawyers have asserted that police did not smell marijuana prior to stopping the bus and actually had no reasonable cause to search the bus.
An affidavit was also filed that seeks to question DNA procedures used by the state to prove that the gun belonged to Wayne or was, in fact, a legal firearm registered to the rapper's manager, Cortez Bryant, as the lyricist's lawyer claimed during a previous court date.
The arresting officer, the detective who filled out the police report and Wayne are scheduled to appear in court next on May 20.
The judge, Charles Solomon, asked Wayne's attorney, Stacey Richman, to call any additional witnesses on that day as well. Originally, jury selection for the trial was slated to begin this week. However, Wayne's legal team and the state's attorney met with the judge in private last week and it was determined the hearing of the original witnesses would be reopened.
The rapper quietly entered the courtroom, with just his attorney and a bodyguard. He wore black-framed glasses, a gray pea coat, black sweater, dark jeans and black sneakers. His Cash Money label heads, Bryan "Baby" Williams and Ronald "Slim" Williams, arrived 10 minutes afterward to support their top star. The courtroom was lightly populated, but across the hall a number of schoolchildren were present, barely missing the hip-hop superstar.