New York Judge Michael Gaffey rejected a motion to dismiss the misdemeanor assault and harassment charges facing Marvel actor Jonathan Majors on Wednesday, clearing the way for a Nov. 29 trial.
The defense additionally filed a motion under seal requesting that certain evidentiary matters continue to be under seal, or outside of public view. The defense argued that this evidence contains “sensitive information” that could jeopardize Majors’ right to a fair trial. The state did not take a position on the motion, and Gaffey told press in the courtroom that they could submit papers in opposition by Nov. 6.
Majors appeared in court virtually, as the judge mentioned he is currently out of state.
Majors faces four misdemeanor charges of harassment and assault after being arrested following an alleged domestic violence incident March 25. Police responded to a 911 call where a 30-year-old woman, who has since been identified as Grace Jabbari, reported being assaulted by Majors, with police noting that she had sustained minor injuries. Majors was released from police custody later that day.
In June, the Loki actor filed a cross-complaint against Jabbari, alleging that she attacked him that night. His attorney, Priya Chaudhry, has denied all wrongdoing on behalf of her client and said that he had called 911 out of concern for Jabbari’s mental health. Gaffey said Wednesday that he will issue a new order of protection barring Majors and Jabbari from having contact.
According to court documents filed in relation to the case, an investigatory card, or I-Card — which is not an arrest warrant but rather an NYPD document alerting officers that there is probable cause for an arrest — was also issued for Jabbari in late June in relation to the cross-complaint. However, prosecutors on the case have informed police, defense and Jabbari that they will not be prosecuting Jabbari in relation to the incident, citing the belated nature of the allegations as well as the process of evaluating cross-complaints in domestic violence cases.
Chaudhry filed a motion to dismiss the case Sept. 12, which, along with the state’s response, was evaluated by the judge in New York Criminal Court on Wednesday.
The defense’s motion claimed that the state withheld and buried evidence, which would support claims of Majors’ innocence and potentially cast suspicion on Jabbari as she testifies, and interfered with the NYPD’s investigation into Jabbari. They also alleged that the state did not disclose communications with the NYPD or any benefits discussed in relation to not prosecuting Jabbari, and the defense alleged there were missing 911 calls, among other items.
All of this also interfered with Majors’ right to a speedy trial, the defense said, which requires the state to be ready within 90 days of when the action commenced. The state has accrued more than 100 chargeable days, they argue. On Wednesday, Gaffey ruled that only 71 days had passed.
Among the allegations, the defense also claimed that the state did not initially provide them a copy of the I-Card authorizing Jabbari’s arrest in June and also did not disclose what defense says was the state’s “purported attempt” to “deactivate” the open NYPD I-Card and urge the NYPD not to investigate or charge Jabbari, as well as any other benefits they have conferred upon Jabbari.
In response, prosecutors stated that the NYPD first told defense counsel they had an I-Card authorizing the victim’s arrest on June 23, but police did not inform prosecution until late August. Further, prosecutors countered that a “wanted” flyer, issued in connection with the I-Card, featured a photo of Jabbari provided by the defense, proving that the team was aware of the I-Card’s existence.
Additionally, they denied any allegations of directing the NYPD to issue or deactivate an I-Card.
As far as potential benefits offered to Jabbari, the prosecution disclosed that it would pay for the travel and lodging for Jabbari, who is a British resident, so that she can testify at the trial. The decision not to prosecute Jabbari, which was disclosed to the state, is not a benefit, as the defense has argued, but rather a routine decision as part of the case, they say.
Prosecutors also disputed the elapsed time, saying only 34 chargeable days have elapsed, rather than the 100 claimed by the defense, and that the state has argued it provided all relevant evidence, including phone records, medical records, surveillance video from eight locations, photographs and text messages sent by witnesses, and that it was not buried but properly labeled.
Overall, the two parties disagree on the perpetrators of the event. While Chaudhry has claimed her client is innocent and that Jabbari was the aggressor, the state claims that the events of March 25 began when the two were riding in a car and Jabbari saw a message on Majors’ phone that read “Wish I was kissing you right now” and reached over to grab the phone. Majors then allegedly grabbed her hand, twisted her forearm, struck her ear and later “threw her back inside” the car after she had exited. Jabbari “sustained substantial pain, including a fractured finger, bruising about her body, a laceration behind her right ear and a bump on her head,” according to the court docs.
In June, Chaudhry said she was requesting a quick trial date for Majors in order to speed up the case. Majors has appeared in court, both virtually and in person, across the past several months.
On Sept. 6, prosecutors said they were ready for trial and had filed a certificate of compliance, but attorneys for Majors said they found deficiencies with the certificate, leading them to file the motion to dismiss.