LAS VEGAS (KLAS)— A rapper convicted in a double murder will remain in prison after a judge issued a ruling.
Andre Dow, also known as “Mac Minister” claimed he was wrongfully convicted.
Clark County District Court Judge Michelle Leavitt issued a decision and order denying Dow’s Petition for Writ of Habeas Corpus.
Dow is serving life sentences in connection with the 2005 deaths of two Kansas City rappers: Anthony “Fat Tone” Watkins and Jermaine “Cowboy” Aikens. Dow was convicted in 2008.
Attorney Robert Demarco alleged in court documents that Dow did not receive a fair trial and that prosecutors withheld information, particularly about a witness in the case, Antoine Mouton.
In the order, Judge Leavitt referred to podcasts that Dow participated in from prison and how Dow provided Mouton’s personal information and talked about how he testified against him.
Two days after one of the podcasts, Mouton formally recanted his story in an affidavit. Judge Leavitt questioned Mouton’s credibility and motivation to change his story.
During Mouton’s most recent testimony, Mouton could not describe how the affidavit came to fruition.
Judge Leavitt also addressed a former San Francisco prosecutor Lateef Gray, who said that he started looking at Dow’s case after he heard Dow on a podcast.
Gray has insisted that he uncovered information about Mouton that prosecutors withheld. Judge Leavitt called some of the information provided by Gray inaccurate and pointed to his link to Dow. They grew up in the same neighborhood.
Clark County Chief Deputy District Attorney Marc DiGiacomo handled Dow’s 2008 murder trial and had mentioned a specific date twice. In recent testimony, DiGiacomo said he made a mistake and misspoke about the timeframe.
Still, Judge Leavitt wrote in the order that Dow did not prove that prosecutors withheld information.
Attorney Robert Demarco said that while he respects Judge Leavitt, he is disappointed in the court’s ruling. In an email, he wrote,
“Respectfully, while I will not address all of the legal and factual errors that I believe exist in the order, I believe that we proved by clear and convincing evidence that 1) Mr. Mouton, 2) his father, and 3) former prosecutor, Lateef Gray, were all credible at the evidentiary hearing and that their testimony was provided free from any undue influence or duress.
Mr. Dow continues to categorically maintain his factual innocence. I believe in his factual innocence.
Mr. Dow is evaluating his legal remedies and I expect that he will appeal this ruling and continue to pursue justice which will hopefully lead to his eventual release from prison.”