I write to respectfully urge your immediate review of the case of Daystar Peterson—professionally known as Tory Lanez — who is currently serving a 10-year prison sentence. According to his legal team, this conviction was secured despite significant irregularities, including prosecutorial misconduct, suppressed forensic evidence, and politically motivated decision-making. His case raises urgent concerns about due process and the integrity of California’s justice system.

At the heart of this injustice is the misuse of gun enhancement charges—a sentencing tool intended for the most dangerous and violent offenders. Mr. Peterson had no prior criminal record. Yet enhancements were pursued, amplifying his sentence far beyond what the facts, as described by his attorneys, appear to justify. Instead, his legal team believes they were used to secure a conviction and impose the harshest sentence possible, despite glaring holes in the prosecution’s case.

This effort was led by the former District Attorney, George Gascón, whose tenure was riddled with contradiction. His office routinely dropped—or never pursued—enhancements for gang members and repeat violent offenders, yet Gascón ensured that Mr. Peterson—who had no prior record of violence—received a decade-long sentence. Gascón’s own deputies openly criticized his policies, and voters removed him from office in 2024. But not before he left his mark with this deeply flawed prosecution.

Mr. Peterson was convicted of assault with a semiautomatic firearm, possession of a loaded, unregistered firearm in a vehicle, and negligent discharge. Regardless of the charges, his legal team argues the prosecution’s narrative was inconsistent, unsupported by physical evidence, and enhancements added for political gain.

The irony is glaring. In stark contrast to Mr. Peterson’s treatment, here are just two
examples from Gascón’s tenure:

• Raymond “Danger” Gonzalez, a Mexican Mafia gang member involved in the premeditated murder of two young men in 2017. Despite the brutality of the crime, under Gascón’s directive the enhancements were dropped.
• The May 2024 killing of General Hospital actor Johnny Wactor in downtown Los Angeles. Prosecutors under Gascón initially declined to pursue sentencing enhancements, despite clear evidence of organized theft and fatal violence.

Why the disparity? According to Mr. Peterson’s legal counsel, the answer lies in the court of public opinion. Prosecutors bowed to media narratives and political pressure—choosing which voices to elevate and which to silence. In Mr. Peterson’s case, prosecutors favored a politically connected celebrity’s version of events over forensic evidence, sworn affidavits, and eyewitness testimony, as outlined by his defense team.

His attorneys have alleged:

• There is no physical evidence Tory Lanez fired a gun. His DNA was not found on the magazine of the firearm.
• Gunshot residue was found on both Kelsey Harris and Tory Lanez—a fact consistent with proximity, not possession. Yet, only Tory’s DNA was tested against it.
• Sworn affidavits and eyewitness testimonies contradict the prosecution’s account:
  • Bradlie James, Harris’s former bodyguard, provided a sworn affidavit stating he heard Harris admit to firing the gun in the air, then Tory intervened, grabbed her hand, and pushed it down as the gun fired two more times. James recalled her saying, “How can I not tell on myself?” Harris later pleaded the Fifth before being granted immunity.
  • Jauquan Smith, Tory’s bodyguard, stated Harris had possession of the gun and was fighting with Megan Thee Stallion when the gun first went off.
  • Sean Kelly, a neutral eyewitness, testified that he saw two women fighting, two men intervening, and gunfire coming from the passenger side—where Harris was seated.
• Megan Thee Stallion’s story changed. Initially, she claimed she was injured by broken glass—only later claimed it was gunfire.

Even more troubling, critical evidence was withheld or compromised, according to the defense:.

• Bullet fragments allegedly removed from Megan’s feet were withheld.
• The gun was sealed during trial—its ownership, serial number, and chain of custody all omitted.
• According to Mr. Peterson’s legal team, every bit of DNA from the gun was used by the state, leaving nothing for independent retesting on appeal.

In his Letter from Birmingham Jail, Dr. Martin Luther King Jr. wrote, “Injustice anywhere is a threat to justice everywhere.” If we take those words seriously, we must act when injustice is allowed to fester in plain sight.

I founded the Caldwell Institute for Public Safety after my innocent teenage brother was murdered in Chicago on June 24, 2022. I stand firmly for public safety, for victims’ rights, and for holding criminals accountable. But justice also demands that we protect the innocent and stand against politically motivated prosecutions. That is what happened here.

When we imprison the innocent while violent offenders walk free, we undermine the very foundation of our legal system. Mr. Peterson was never given a fair trial — free from bias, political interference, and media-driven pressure. His continued incarceration erodes public trust and diverts focus from the real work of keeping our communities safe.

Further while incarcerated, Mr. Peterson was recently stabbed in prison—a tragic incident that underscores the urgency of his situation and the risk to his life while this case remains unaddressed.

Governor Newsom, I respectfully urge you to issue a pardon for Daystar Peterson, known as Tory Lanez, and a full and impartial review of his case. California must not be a state where justice is driven by headlines instead of evidence.

Sincerely,

Gianno Caldwell
Founder, Caldwell Institute for Public Safety