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The controversial urban music singer Yosvany Sierra Hernández, known as Chocolate MC, is facing a criminal trial in Miami-Dade County starting this Monday after being accused of making death threats on social media against the alleged killer of fellow artist El Taiger.
The judicial process began with the selection of the jury, a step prior to the hearings that will continue on Wednesday, November 12, with the formal presentation of arguments by the prosecution and the defense.
This is a case with significant symbolic and emotional weight within the Cuban artistic community in exile, as the alleged threats were reportedly aimed at Damián Valdez Galloso, the man accused of the murder of the reggaeton artist El Taiger.
Posts on social media and accusations
The Miami-Dade County Prosecutor's Office claims that Chocolate MC made posts on his Instagram account that would constitute "true threats" of violence.
Among the messages included in the tax file, phrases such as are cited:
"If the police don't kill you, we will"
"One hundred thousand dollars for your head"
According to the prosecutors, these texts were accompanied by violent emojis and references to a gang identified as ZMF, which reinforces the prosecution's argument regarding the actual intent to incite violence against Valdez Galloso.
Authorities claim that, in addition to these expressions, the artist allegedly offered a reward of $100,000 to anyone who attacked the presumed murderer of El Taiger, which increased the severity of the charges and led to the opening of a criminal trial.
The judge's ruling: Without protection under the First Amendment
The defense of Chocolate had attempted to invoke the First Amendment of the United States Constitution, which protects freedom of expression, to argue that the messages were part of an emotional or artistic release without any criminal intent.
However, Judge Milton Hirsch denied that request.
The magistrate concluded that the statements made by the artist on social media were not constitutionally protected, as they fell into the category of "true threats", a legal concept that excludes protection under the First Amendment.
This judicial setback prevents the defense from using freedom of expression as a primary argument during the trial.
Defense: Innocent and undergoing psychological evaluation
The defense attorney, Adolfo Gil, has been emphatic: “My client is 100% innocent of all the charges.”
Gil also revealed that Chocolate MC is currently undergoing psychological evaluation, although that has not been sufficient reason to suspend the trial.
Judge Hirsch rejected the request to postpone the proceedings, as the defense had requested, and upheld the date of November 10 for the formal start.
The Chocolate Couple: Between Faith and Hope
Yelena Ramírez, the partner of the reggaeton artist, expressed relief at the start of the trial after several delays and postponed hearings.
Ramírez also made statements that shed light on the artist's personal transformation during his detention: “He has changed a lot, he is now more devoted to Christianity, and that surprises me.”
His testimony adds a human component to the legal process and suggests that Chocolate MC is undergoing a process of introspection while facing multiple legal cases.
Damián Valdez Galloso and the impossibility of testifying
During the pre-trial hearing, it was also reported that Damián Valdez Galloso, accused of the murder of El Taiger and the alleged target of the threats, will not testify.
His lawyer invoked the Fifth Amendment, which protects citizens from self-incrimination, so he will not be called to the stand as a witness in this process.
Valdez Galloso is facing his own trial for homicide, which adds an additional layer of complexity to the legal context surrounding the case of Chocolate MC.
The trial that begins this Monday is not the only legal battle the reggaeton artist is facing. According to reports, Chocolate MC has two other pending criminal cases, including one for alleged kidnapping and robbery of a resident of Opa-Locka, in which a fake weapon is said to have been used.
The artist's partner, however, remains optimistic: "Now this trial is coming on the 10th, and then there will be two more. It's possible that he will be out by next month."
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