Controversial Use of AI in High-Profile Criminal Trial Prompts Calls for Convicted Fugee Retrial

The convicted Fugees rapper Prakazrel "Pras" Michel's defense team has demanded a retrial, alleging that an experimental AI program, EyeLevel.AI, was used to generate the closing argument that may have contributed to Michel's conviction earlier this year, NBC News reports.

Michel's new legal representation from ArentFox Schiff has submitted a brief to the court, asserting that the AI-generated closing argument in his original trial was a debacle.

According to the brief, the use of EyeLevel.AI by Michel's former lawyer, David Kenner, resulted in a closing argument that made "frivolous arguments, misapprehended the required elements, conflated the schemes, and ignored critical weaknesses in the government's case."

AI in High-Stakes Legal Proceedings

This startling revelation has raised serious concerns about using AI in high-stakes criminal trials and whether it can undermine the fairness of legal proceedings.

In a case involving allegations of conspiracy with a fugitive Malaysian financier, Jho Low, and attempts to influence US presidential administrations, Michel's defense was paramount.

Kenner, the former defense attorney, has not yet responded to the allegations. Neither has his co-counsel, Alon Israely. The ArentFox Schiff brief contends that the AI-generated closing argument substantially contributed to Michel's conviction and highlights a pressing issue - the adequacy of legal representation when AI is involved.

"The AI program failed Kenner, and Kenner failed Michel," the brief stated, characterizing the closing argument as "deficient, unhelpful, and a missed opportunity that prejudiced the defense."

However, what adds a layer of controversy to this already complex case is the alleged financial interest of Kenner and Israely in a company called CaseFile Connect, which acted as a "technology partner" to EyeLevel. AI.

The brief claims that Kenner and Israely may have viewed Michel's trial as an opportunity to promote CaseFile Connect, possibly advancing their financial interests at the expense of their client.

CaseFile Connect has yet to respond to queries regarding these allegations.

A Closer Look

In a declaration accompanying the brief, Peter Zeidenberg, a former Justice Department political corruption prosecutor and partner at ArentFox, revealed that they first learned about Kenner's use of an AI program from Michel's former publicist.

Zeidenberg cited a press release by EyeLevel.AI after Michel's trial, which boasted of "the first use of generative AI in a federal trial."

Kenner, quoted in the press release, expressed his satisfaction with the AI program, claiming that it transformed hours of legal work into seconds, offering a glimpse into the future of legal case management.

EyeLevel.AI has responded to these allegations by stating that Kenner and Israely do not have a financial stake in their program, emphasizing that their AI is designed to assist human lawyers in making informed decisions more efficiently.

ArentFox's investigation revealed that CaseFile Connect and Kenner's law firm share the same office suite in Encino, California.

The declaration by Zeidenberg also noted an alternative address for CaseFile Connect at a New York City office associated with Kenner's co-counsel, Israely.

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