Gayelon Spencer, Jr. scheduled for sentencing on 2nd degree murder conviction Thurs. Dec. 19, 2024 in chaotic club scene shooting Nov. 27, 2024
Motion hearing scheduled at 1 pm prior to sentencing; Spencer asking for new trial due to Detroit cops’ destruction of 2 witnesses’ original statements, in violation of Brady v. Maryland and due process
Spencer, acting pro se, filed his motions for a new trial and evidentiary hearing under highly restrictive conditions at Detroit “Justice” Center Jail
Mainstream media coverage of case was biased, one-sided; only recounted version given by victim Ariel Harris’ family re: “elevator etiquette”
Gayelon Spencer, Jr. is circled in red in this crowded, chaotic scene from hotel video, surrounded by large threatening group which had been drinking and partying, including victim Ariel Harris.
By Diane Bukowski
December 17, 2024
Judge Paul J. Cusick
DETROIT– Gayelon Spencer, Jr., is fighting for his life during this holiday season, facing sentencing in front of Wayne 3rd Circuit Court Judge Paul Cusick December 19 at 1 pm. on charges of second-degree murder; weapons, carrying concealed; firearm possession by felon; and weapon felony firearm, second offense.
Representing himself, Spencer is expected to argue his motions for a new trial and evidentiary hearing prior to the sentencing at 1 p.m.
“Mr. Spencer’s trial counsel requested disclosure of each oral statement and copy of each written or recorded statement made by witnesses,” Spencer says in his motions. “The State’s Attorney failed to furnish the defense counsel and Mr. Spencer with both Allante Mosley’s and Kreanna Mapp’s audio or video recorded statement, contrary to MCR 6.201(2).”
AP Krystal Murphy
Spencer says Wayne County Assistant Prosecutor Krystal Murphy, on Nov. 11, 2024, “admitted to this Just Court that law enforcement destroyed the video and and audio recorded statements” of the two witnesses, who testified at trial against Spencer.
“I have knowledge that the audio and video recorded statements contained exculpatory evidence, as well as impeachment evidence, due to the fact that Detective Yousseif Berro wrote non-verbatim statements of the statements given by both Allante Mosley and Kreanna Mapp . . .[Mosley] stated that I was asked to take another elevator and when I refused, a commotion started and I was pushed and stumbled toward him where I was pushed again.”
Detective Berro works with VOD discovered the following information about Detective Berro in a federal filing, United States v. Brown at http://voiceofdetroit.net/wp-content/uploads/United-States-v.-Brown-1.pdf
“Officer Berro taunted Brown for thinking he was “slick” and “trying to hide it.” Berro Body Worn Camera, Gov. Ex. 3 at 04:12-04:16. Brown reiterated that he had the gun for protection and stated he had recently been robbed. Johnson Body Worn Camera, Gov Ex. 2 at 04:20-04:35. Officer Berro then berated Brown for not telling them about the gun initially, stating, inter alia, he was “pissed” and “going to fucking tear up this car, ” that Brown had “tried to play it smart, ” and that he does not “play around with that bullshit.” Id. at 04:35-04:51. Officer Berro asked Brown if he had a concealed pistol license, and Brown confirmed he did not. Id. at 04:54-04:57. Officer Johnson then informed Brown he was “going to jail” for carrying a concealed weapon. Id. at 05:01-05:10.”
Ariel Harris, photo from GoFundMe.
Spencer notes that his trial attorney failed to object to the use of Mosley and Mapp as witnesses at trial, despite the prosecution’s failure to provide their original statements to the police to the defense. He eventually discharged that attorney and opted to represent himself.
The story was covered across the country, using sensational headlines like, “Detroit man gunned down for holding an elevator for a group of women.” The media interviewed only members of Harris’ grieving family. They made no attempt to portray the entire situation shown in the photo above, or in multiple videos of the confrontation.
Local stations used only photos of Gayelon Spencer Jr. shown exiting the elevator, provided by the Detroit Police Department, and parroted the DPD version of events. This has become the media’s normal practice, in violation of journalistic ethics. It is highly likely that members of Spencer’s jury had seen that coverage,
Wayne County Criminal Justice Center
VOD has reviewed extensive surveillance videos from the scene. They show no evidence that Spencer was trying to keep women from entering the elevator in question. They mainly show that he was “bum rushed” by a group of hostile men, as another man who has seen the videos termed their actions. Unfortunately, Ariel Harris lost his life, and Spencer is facing a sentence if death in prison.
Spencer has been incarcerated since 2022 in both Wayne County jails, at the Frank Murphy complex in downtown Detroit, and now at the new “Detroit Justice Center,” where conditions have been likened to those at the U.S. prison at Guantanamo Bay. He has told VOD that mail delivery is frequently non-existent and that he has trouble getting copies of his handwritten motions from jail staff. Fortunately, his motions got through to Voice of Detroit. They are linked in full below.
Gayelon Spencer Motion for a New Trial
http://voiceofdetroit.net/wp-content/uploads/Gayelon-Spencer-Motion-for-a-New-Trial.pdf
Gayelon Spencer Letter to Judge Paul Cusick
http://voiceofdetroit.net/wp-content/uploads/Gayelon-Spencer-Letter-to-Judge-Paul-Cusick.pdf
Gayelon Spencer Motion for an Evidentiary Hearing
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PROTEST FRI. SEPT. 20 VS. INHUMANE TREATMENT OF PEOPLE INCARCERATED AT THE NEW WAYNE CO. JAIL
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