Authorities taped the video in an interview room at the San Leandro Police Station on
In the video, Bey IV was seen mimicking the sound of the gunfire when he said, “That fool said, pow, pow, poof!” Bey IV also seemed to reenact Bailey’s bodily reaction to the impact from the bullet. In addition, when asked by Joshua Bey as to where Bailey had been shot, Bey IV replied, “In the head” and erupted into laughter.
Gene Peretti and Gary Sirbu, defense attorneys for Bey IV and Mackey, tried to keep the videotape from being admissible in court but were unsuccessful when Alameda County Superior Court Judge Thomas Reardon ruled that the videotape was relevant to the prosecution’s theory that Bey IV was the mastermind and gave the orders to have Bailey, Michael Wills and Odell Roberson murdered in the summer of 2007.
Sirbu presented a motion to have Mackey tried separately; stating that Mackey does not appear on the videotape and his client would be unfairly judged by jurors due to his association with Bey IV. Reardon again denied Sirbu’s request, ruling that it was relevant to the prosecutor’s case by presenting their theory that Mackey was known to have followed orders given by Bey IV.
Peretti stated that the videotape is damaging to his client but does not feel that it will prove that Bey IV gave the orders for Bailey, Wills and Roberson to have been killed.
Reardon reportedly, cut “irrelevant parts” of the video transcript in order to shorten the length to about an hour for the jurors to view.
Broussard testified during the trial that Bey IV had ordered him to kill Bailey in an attempt to prevent Bailey from publishing an article based upon his investigation into Your Black Muslim Bakery’s financial dealings. The bakery reportedly had been linked to physical and sexual abuse, intimidation tactics and welfare fraud. The bakery filed for bankruptcy in October 2006 and eventually closed in August 2007 following investigation into the murders.
Broussard also testified that Mackey admitted to killing Wills based on an order given by Bey IV.
Bey IV is charged with having ordered the murders of Bailey, Wills and Roberson while Mackey is charged with killing Wills and aiding in the murders of Bailey and Roberson.
Bey IV and Mackey, both 25, have pleaded not guilty. If convicted, they face life in prison without the possibility of parole.
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