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Felony Justice
Accused getaway driver, aka ‘Block Da Foo Foo,’ was prejudiced by rap video proof, Texas court docket says
A trial decide shouldn’t have allowed prosecutors to introduce an accused getaway driver’s rap movies at trial in an effort to point out that he was extra refined than he claimed to be, the highest prison court docket in Texas has dominated. (Picture from Shutterstock)
A trial decide shouldn’t have allowed prosecutors to introduce an accused getaway driver’s rap movies at trial in an effort to point out that he was extra refined than he claimed to be, the highest prison court docket in Texas has dominated.
In a May 8 opinion, the Texas Court docket of Felony Appeals reversed the capital homicide conviction of Larry Jean Hart, whose rap identify was “Block Da Foo Foo.” The worth of the rap movies at trial was “outweighed by the overwhelming potential for prejudice,” the court docket mentioned in a 5-4 resolution.
“Any track that glorifies criminality, no matter style, is inherently prejudicial,” the Texas Court docket of Felony Appeals mentioned. “The hazard related to enjoying these movies to the jury is that the jury may regard inventive expression as proof that [Hart] engaged in prison habits.”
Hart had maintained that he gave a trip to a man named “Mondo” and different individuals with out realizing that they had been going to commit a theft or a homicide. Hart mentioned he’s a pleasant one that does favors for others.
Hart’s mom strengthened that declare in her testimony. She mentioned her son spent plenty of time in remedial programs at college, he was bullied as a baby, he typically doesn’t perceive others’ intentions, and he’s desirous to please individuals.
Prosecutors launched the rap movies to point out Hart’s “stage of sophistication” and his skill to know what individuals are speaking.
One of many rap movies was referred to as “I.W.T.,” which was quick for “I Received’t Inform.”
A second video referred to as “Off Days” reveals Hart with a crowd dancing and singing inside a home. Hart seemed to be lip-synching rap lyrics that confer with weapons, cough syrup and being a “lure king.”
At trial, Hart testified that the “I Received’t Inform” video wasn’t in regards to the case in opposition to him and, “It’s only a track.” He mentioned his phrases within the second video had been written by one other rapper who appeared within the video.
A prosecutor requested Hart what it meant to be a “lure king,” which the City Dictionary defines as “an exuberant drug vendor that hones a legendary avenue stature.” Hart replied that rap artists reminiscent of Gucci Mane and Jay-Z discuss it on a regular basis.
The Texas Court docket of Felony Appeals famous that courts in different jurisdictions have acknowledged that the admission of rap music or rap movies is extremely prejudicial as a result of the character of the lyrics distract from the charged offense.
Rap typically makes use of exaggeration and braggadocio, the court docket mentioned. Neither is it the one music style that makes use of exaggeration.
“Aside from Taylor Swift, who is understood to write down songs primarily based on her private experiences, it’s not cheap to imagine that every one lyrics are autobiographical as to previous or future conduct, except there may be direct proof to counsel in any other case,” the court docket mentioned.
“Holding track lyrics to their literal which means would result in the next conclusions: Freddie Mercury ‘killed a person;’ Bob Marley ‘shot the sheriff;’ Macy Grey ‘dedicated homicide and … obtained away;’ the band previously generally known as the Dixie Chicks killed Earl; and classically, Johnny Money ‘shot a person simply to look at him die.’”
Hat tip to appellate legal professional Doug Gladden, who wrote in regards to the case on X, previously generally known as Twitter.
See additionally:
“Should violent rap lyrics be admissible in a criminal trial? New Jersey supremes to decide”
“Defendant’s ‘disturbing’ rap lyrics should not have been admitted at trial, NJ high court says”
“Do rapper’s lyrics support conviction? ACLU cites Johnny Cash song, says lower court was wrong”
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