October 11, 2000
Eminem Case Adjourned Till December
Eminem's appearance in Macomb Circuit Court Tuesday went smoothly, but the battle between the prosecution and the defense is already starting to heat up the rap star's lawyers say they won't consider a plea bargain that involves any time behind bars.
Eminem (né Marshall Bruce Mathers III), 27, faces charges of assault with a deadly weapon and carrying a concealed weapon, stemming from a June 4 incident in which he allegedly pistol-whipped John Guerra after catching him kissing the rap star's wife outside the Hot Rocks nightclub in Warren, Mich.
While the chart-topping rapper stood by, dressed down in an oversized sweater and baggy slacks, his attorneys told Judge Antonio P. Viviano that reports of their client's criminal conduct had been blown out of proportion, and that Mr. Guerra who has also filed a related civil suit seeking $25,000 or more in damages is simply out to make a buck.
"[Eminem] absolutely, categorically denies attacking him," Brian Legghio, one of the star's lawyers, told The Macomb Daily. Legghio insists that Eminem was only carrying the weapon because he was out on the town without a bodyguard's supervision, and that it only came out after slipping from his baggy pants.
Both sides are trying to negotiate a plea bargain, but Macomb Country Prosecutor Carl Marlinga who says he expects to see the case go to trial won't settle for anything that doesn't involve Eminem spending some time behind bars, a scenario the defense says it won't entertain.
"We're definitely disappointed with the fact the prosecutor wants to seek jail time for a first offense," Legghio told the Daily. "We don't terminate all discussion about it just because of one request by the other side. But we're disappointed and don't consider that appropriate."
Marlinga, who noted Tuesday that Eminem created a "dangerous situation" by carrying even an unloaded gun, has said he will seek at least 17 months of jail time for the star if the case goes to trail.
Judge Viviano adjourned the hearing until Dec. 8
Eminem Offered Plea Deal
Prosecutors told the Detroit Free Press that they will offer Eminem a deal but they drive a hard bargain.
The 27-year-old rapper, facing two felony weapons charges in Macomb County Circuit Court, will see one charge disappear if he pleads guilty to the other when he returns to trial Dec. 8. This could still result in up to 17 months in jail, according to prosecutors.
County prosecutor Carl Marlinga told the paper, "Whether we go to trial or whether he pleads, we are going to be asking for significant jail time."
One of Eminem's attorney's, Brian Legghio, told the Free Press that they are studying the offer, though they feel jail time is "completely inappropriate."
Eminem, born Marshall Mathers III, was arrested June 4 after allegedly striking a man seen kissing his wife at a nightclub in Warren, Mich. The rapper, who is on tour as part of Limp Bizkit's "Anger Management" tour, is also scheduled to appear in Oakland County Circuit Court Dec. 18 to talk about more gun charges these stemming from an unrelated incident in Royal Oaks, Mich., the day before.
12.20.2000
Eminem
Photo: MTV News
"He's got two choices: go to trial or plead guilty to the original charges."
Oakland County, Michigan, prosecutor Mark Bilkovic
Eminem will not be allowed to plead down the criminal charges he faces for allegedly threatening an employee of rival rappers the Insane Clown Posse, prosecutors say.
The rapper is charged with carrying a concealed weapon, which is a felony, as well as misdemeanor charges of brandishing a firearm in public. A judge on Monday set a pretrial hearing date of April 9 and an April 23 trial date for the case.
"There will be no plea bargain. I've already let them know he's got two choices: go to trial or plead guilty to the original charges," Oakland County, Michigan, prosecutor Mark Bilkovic said Tuesday.
The charges stem from a June argument that allegedly occurred in the parking lot of a car audio shop when Eminem ran into Douglas Dail, an employee of the Insane Clown Posse's record label. Eminem is accused of brandishing a gun while threatening Dail, who had insulted him.
Hours later, Eminem allegedly assaulted a man he saw kissing his wife, sparking separate criminal charges in Macomb County. Prosecutors in that case have offered a plea bargain that would include jail time.
Eminem (born Marshall Mathers) is ready to go trial in the ICP case, according to his lawyer, Walter Piszczatowski. "He's handled the situation extremely well," Piszczatowski said. "He's really gotten his life back together his marriage is back together, and that's really good news for him."
The rapper recently reconciled with his wife, Kim Mathers, after filing for divorce earlier this year.
Eminem is likely to be sentenced to probation, or at worst a few months in jail, if found guilty in the ICP case, Bilkovic said.
Eminem Gets Probation For Pulling Gun At ICP Run-In
06.28.2001
Eminem
Photo: Interscope
Eminem will have to split his time between celebrating the #1 debut of his D12 crew and hatching a plan to help young people in his community.
The rapper was sentenced Thursday (June 28) to a year of probation on weapons charges stemming from an argument last year with an associate of rivals Insane Clown Posse. He faced up to five years behind bars, but for the second time in three months he avoided jail time by receiving probation.
Dressed in a black suit and tie, Eminem (born Marshall Mathers) appeared solemn as Oakland County (Michigan) Circuit Court Judge Denise Langford Morris handed down his sentence.
The 28-year-old rapper, whose lyrics have been targeted as violent and homophobic, has 21 days to submit a plan to Langford Morris proposing a form of community service that will be "impactful to young people." The plan must meet her approval, and he must also pay $2360 in fees, according to a court clerk.
Eminem pleaded no contest last month to a felony charge of carrying a concealed weapon and a misdemeanor charge of brandishing a firearm in public. The incident took place on June 3, 2000, when the rapper got into an altercation with Insane Clown Posse associate Douglas Dail outside a Royal Oak, Michigan, car stereo shop.
At one point during Thursday's hearing, Langford Morris held up a stack of letters, saying that some requested her to wash Eminem's mouth out with soap, others requested a life sentence, and others asked her to make him write a clean song, according to Eminem's attorney, Walter Piszczatowski. The judge also stressed the seriousness of the probation, warning the rapper not to mess up.
Borrowing a line from "The Real Slim Shady," Langford Morris told Eminem, "Don't misstep; don't fall down. ... Now it's time for you to please stand up."
She later said, "You are extremely lucky, sir, that no one was injured or killed."
This latest sentence will run concurrently with the two years of probation he received in April for separate weapons charges, and it carries many of the same restrictions, including bans on using alcohol or drugs and engaging in threatening or violent behavior. In addition to the community service, however, the new sentence also requires Eminem to get approval from Langford Morris to travel out of the state.
Eminem's previous conviction, which required him to undergo counseling, involved a June 4 incident in which Eminem was accused of attacking a man he saw kissing his then-wife outside a Detroit nightclub (see "Eminem Gets Two Years' Probation In Weapon Case"). In exchange for his guilty plea to a weapons charge, prosecutors dropped assault charges in that case.
D12's debut album, Devils Night, sold just under 372,000 copies in its opening week, catapulting the group to the top of the Billboard 200 albums chart (see "D12 To Top Albums Chart With Devils Night"). Three members of D12 attended the hearing, as did his half brother, his nephew, his aunt and more than 25 fans.
Eminem and cross-town clowns ICP have a longstanding rivalry both on record and off. In May, Douglas Dail's brother William Dail allegedly choked an Eminem fan until he blacked out after an ICP show in Omaha, Nebraska (see "Manager Charged With Choking Eminem Fan"). William Dail has pleaded not guilty to assault and battery charges, and the case is set for trial in Douglas County Court on July 31.
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