Judge scolds attorney for inappropriate questions in Jam Master Jay’s death trial

BROOKLYN, N.Y. (PIX11) -- The prosecution’s case in the Jam Master Jay murder trial almost went off the rails Thursday following a line of witness questioning by Assistant United States Attorney Mark Misorek. 

The defense moved for a mistrial, a motion Judge LaShann DeArcy Hall ultimately denied. 

It all started with testimony with Daynia McDonald the ex-girlfriend of Defendant Ronald “Tinard” Washington. 

Washington and co-defendant Karl Jordan are accused of gunning down the legendary RUN-DMC member, real name Jason Mizell at point blank range inside his Jamaica, Queens music studio in October 2002. 

The prosecution’s direct examination opened with no issues, with McDonald implicating Washington. 

Hours before Mizell’s murder, McDonald told jurors, “Tinard comes out of the house and had a bulge in his pocket. I asked, what is that? He said, ‘It’s a gun, but it’s not real’.” 

McDonald says Washington then called her after the fact and said, “Jam Master Jay is dead. I said, what do you mean he is dead? He was just alive when I was there. How do you know? Tinard said, ‘Because I was there’.” 

McDonald later testified about what she says Washington told her the next day, about Mizell’s murder. 

“I was concerned about my safety, so I asked if he had something to do with it. He basically said yes,” she testified. 

But Misorek’s next two questions to McDonald prompted Judge Hall to temporarily excuse the jury. The judge scolded the prosecution for the questions which she deemed inappropriate and leading. 

Judge Hall then struck those two questions from the record, and addressed the defense's Motion for a mistrial, saying, “a mistrial is not appropriate, motion denied. We are going to fix this now and move forward.” 

Judge Hall then brought the jury back in and instructed them to strike those last two questions from the record. 

It was a close call for the prosecution, and Judge Hall warned it should not happen again. We should also note, that after two weeks of testimony, all three people accused in Jam Master Jay’s murder have each been described as the actual trigger man. 

 This jury will face much analysis when it is time to reach a verdict in a trial expected to last another two weeks.