Rap Artist Evidence Requires Reversal
A second degree murder conviction has been reversed by the Tennessee Court of Criminal Appeals due to error in the admission of rap lyrics/videos
The Defendant admitted that he was a rap artist named “Lil Will.” He acknowledged producing several music videos that featured songs he either wrote himself or participated in writing. The Defendant asserted that he sold music and did shows, which were a source of his income, and that he had been a rap artist since he was thirteen years old. When asked why he told the jury on direct examination that he was a security guard and omitted the fact that he was a rap artist, the Defendant stated that he had not made any rap music or music videos since the shooting involving the victim.
When asked about the meaning of the lyrics in the song “Three Down Em” that he wrote and performed, the Defendant stated, “It’s just a song. It’s just words. They don’t mean anything.” He added, “That don’t mean that’s how I am. That’s how I make money, and that’s what this youth want to hear about.” The Defendant asserted that the lyric “little N word slumped” from that song was “just lyrics” and “could mean you’re asleep” and “could be anything.” He also maintained that the words “killer, killer, take a life” in that song was “just a lyric” and that it did not mean anything.” The Defendant stated that his movements in the music video, such as putting his hand as if he were holding a gun, was part of a dance “called bobbing” that was “just for video purpose[s] only.” The Defendant also asserted that the lyrics “it’s a nightmare on bang street, but this ain’t no mother f’ing Freddy” was just a song “like Freddy on Nightmare on Elm Street” and that the words did not mean anything. He also said the lyrics “it’s a bloody murder scene, it’s killing season” referenced a movie called “[K]illing [S]eason” and that the lyrics were “just words” and “just business[,]” and it was “just a song.” He added, “You’re making it seem like I’m this bad person” and these words were “just music to catch people’s attention.”
The Defendant acknowledged that he was featured on another song entitled, “Homicide” written by a friend but stated that he did not write that song. He agreed that he performed in the music video for that song and asserted that the guns in that video were “[p]rop guns” and “BB guns.”
The court
We conclude that the probative value of the Defendant’s rap lyrics/videos did not outweigh the prejudicial effect of this evidence on the substantive issues. The rap lyrics/video evidence admitted at the Defendant’s trial created a substantial danger of unfair prejudice because the highly inflammatory nature of this evidence created a serious risk that the jury would convict the Defendant on improper grounds. See Williams, 663 F. Supp. 3d at 1134-36. In addition, the probative value of the rap lyrics/video evidence is extremely minimal because this evidence did not relate to the Defendant’s character for violence. See Hart, 688 S.W.3d at 896,
Conclusion
The trial court abused its discretion in admitting evidence of the Defendant’s rap lyrics/videos, and this error was not harmless. The trial court also erred in failing to instruct on “first aggressor proof” in conjunction with the self-defense instruction, and this error was not harmless beyond a reasonable doubt. Accordingly, we reverse the Defendant’s conviction for second-degree murder and remand this case to the trial court for a new trial.
(Mike Frisch)