Rap Lyric Evidence Had Probative Value

From the headnotes to a decision of the Maryland Court of Appeals

The Court of Appeals held that rap lyric evidence has heightened probative value, and is admissible as substantive evidence of a defendant’s guilt, when the lyrics bear a close nexus to the details of an alleged crime. When a defendant’s rap lyrics bear a close nexus to the details of an alleged crime, those lyrics exceed the low relevance threshold of Maryland Rule 5-401, and are therefore admissible under Maryland Rule 5-402, because they make it more probable that the defendant committed the alleged crime. Petitioner’s rap lyrics had a close nexus to details of an alleged murder because the lyrics had a close factual nexus to the details of the murder, had a close temporal nexus to the murder, and recited “stop snitching” references that were published on social media to potentially intimidate witnesses to the murder. As a result of this close nexus, Petitioner’s rap lyrics tended to prove his involvement in the murder and served as substantive evidence of his guilt.

The case

This case is about the admissibility of jailhouse rap lyrics composed by Lawrence Montague as substantive evidence that he shot and killed George Forrester. In the early morning hours of January 16, 2017, Mr. Forrester was shot and killed by a drug dealer after he attempted to purchase cocaine using a counterfeit $100 bill. Mr. Forrester’s cousin, Tracy Tasker, accompanied him to purchase the drugs and, after witnessing the shooting, fled in Mr. Forrester’s vehicle. Ms. Tasker was later arrested for unrelated warrants and identified Mr. Montague as the shooter. Mr. Montague was later indicted for Mr. Forrester’s murder.

Three weeks before trial, while incarcerated in the Anne Arundel County Detention Center, Mr. Montague made a telephone call to an unidentified male using another inmate’s personal identification number passcode. Mr. Montague requested that the unidentified male record his rap, which included lyrics that matched the details of Mr. Forrester’s murder. The rap lyrics also made references to shooting “snitches” and the recording was subsequently uploaded on Instagram. The State sought to introduce the recorded telephone call containing the rap lyrics as substantive evidence of Mr. Montague’s guilt, and Mr. Montague moved in limine to exclude the recording. The circuit court admitted the raplyrics and, on appeal, the Court of Special Appeals agreed that the lyrics are admissible under Maryland Rules 5-401, 5-402, and 5-403.

We agree.

(Mike Frisch)