ATLANTA — In yet another turn of events in the ongoing trial against Young Thug and the alleged YSL street gang, a crucial witness for the State will now have to redo their entire testimony.
Superior Court Judge Paige Reese Whitaker ruled Tuesday that Kenneth "Lil Woody" Copeland will have to re-testify when the jury returns, which is likely to be on Monday.
This comes after Whitaker granted a motion last week to strike all proceedings that occurred after June 12, when motions were first introduced to recuse the trial's previous judge, Ural Glanville.
With looming questions about which parts of Copeland’s testimony could still be used, Whitaker stated it might be best to “start from scratch." Tuesday marked the first time Copeland has appeared in court since proceedings were paused over a month ago.
The court took the time to ensure he understood the immunity order in place, explaining what would happen if he chose whether to testify or not.
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Judge Whitaker told him he must testify truthfully and could only be charged with perjury or making false statements under the deal. However, if he refuses to testify, he could be held in jail until the trial ends.
It's still uncertain whether Copeland will choose to cooperate on the stand. When asked if he would testify, he told the judge, "It depends on how I wake up."
More on recent case developments
On Monday, it was discovered that several details had been left out of the transcript released from a June 10 proceeding known as an ex parte meeting, which prompted Judge Paige Reese Whitaker, now overseeing the case, to revisit calls for the removal of some prosecutors from the case for misconduct.
Defense attorneys allege possible off-the-record discussions during the meeting may have included Brady material, which the state denies. Brady material describes any evidence that is favorable to the defendant in a criminal trial, which the prosecution is required to disclose.
The case's initial judge, Ural Glanville, was removed after attorneys for Young Thug argued that he should no longer oversee the case because of the meeting, which became the subject of deep contention in the trial.
In her order, Judge Rachel Krause -- who was assigned the recusal matter -- stated, "This Court has no doubt that Judge Glanville can and would continue presiding fairly over this matter if the recusal motions were denied, but the 'necessity of preserving the public's confidence in the judicial system' weighs in favor of excusing Judge Glanville from further handling of this case."
The controversial private meeting led to Young Thug's attorney Brian Steel being held in contempt and sentenced to a 20-day jail sentence, which was reversed after the state Supreme Court granted him bond. Steel had been held in contempt for refusing to reveal his source for how he heard about the ex parte meeting.
Judge Glanville later released the transcript of the meeting with the witness, Kenneth Copeland, a.k.a. "Lil Woody."
Copeland was arrested on June 7 and held in contempt after refusing to testify on the stand as part of an immunity agreement. A few days later, in the judge's chambers, prosecutors shared an email sent to them by Copeland's attorney accusing them of making him a target by forcing him to testify. They also said his attorney was threatening to pull out of the case.
Prosecutors later told Copeland that if he still refused to take the stand, he could be in jail until every defendant had their cases decided. He did eventually testify.
Copeland had an attorney present for the meeting, but she was a stand-in for his usual lawyer, who was out of town. Steel insinuated that the court was committing "coercion" as no representation for his client was invited to the meeting.
The extraordinary turn in the case captivated legal observers.