Foxy Judge Wants an Earful

Rapper's petition for early release due to medical condition has fallen on deaf ears

By Josh Grossberg Jan 18, 2008 6:07 PMTags

It seems Foxy Brown's initial get-out-of-jail request has fallen on deaf ears.

A New York judge wants more information about the rapper's debilitating hearing condition before granting her an early release from jail. Brown had asked for the pass so she can seek treatment to fix a defective ear implant.

On Thursday, State Supreme Court Justice Melissa Jackson told Brown's attorney she wanted additional evidence to support the hip-hopster's contention that the procedure can only be done at Los Angeles' House Clinic before making a ruling.

"I need to have more information on this," the judge said, per the New York Daily News.

In a petition filed this week, the 28-year-old performer wrote that due to the severity of her condition, she faces "imminent harm to her hearing" if she's not let out of the clink by Jan. 30 so that she can have "her cochlear implant reprogrammed and repaired" by House specialists.

Assistant District Attorney Cindy Chung opposed the motion for an early release, stating there's no sufficient reason Brown couldn't get the implant fixed in New York and adding that prisoners with medical conditions are typically not allowed preference over the physicians treating them.

"The mere existence of a debilitating health condition does not merit a sentence reduction, even if it is a terminal illness," the prosecutor told the judge. "Basically, your honor, this is a desperate and frivolous petition."

The Broken Silence emcee has been holed up at Rikers Island since early September after being sentenced to a year of incarceration for repeatedly violating her probation for attacking two manicurists at a Manhattan nail salon in 2004.

Jackson set the next court date for Jan. 31; by then, Brown must be checked out by a doctor from New York's Department of Health and Mental Hygiene.

The judge also told Brown attorney Laura Dilimetin to give the DA, the Department of Correction and the Department of Probation copies of Foxy's medical records so that they could inform the court with their position on the matter.

Hoping to make nice with the judge before heading back to her cell, Brown, whose real name is Inga Marchand, said her stint behind bars has given her plenty of time to reexamine the error of her ways, including keeping her emotions in check and exercising better judgment.

"I have too much talent to throw it away," the Brooklyn-born entertainer told Jackson. "I know I will make you proud and my family proud."

Replied the judge: "I'm glad you're learning some very hard lessons that needed to be learned."

Brown pleaded guilty in 2006 to misdemeanor assault resulting from the smackdown and initially received probation.

But a string of transgressions soon followed: She failed to show up for anger-management classes; she left New York without permission and went to Florida, where she wound up getting arrested there for a fight at a beauty store and resisting arrest; and she attacked her neighbor with a BlackBerry.

Jackson sentenced Brown to one year in the slammer, which would have been her original sentence for the nail skirmish.

Should the judge grant the petition, Brown would be out in time to promote Brooklyn's Don Diva, her first studio album since 2001, which drops Feb. 5.