Rap on Trial: Brooklyn Shooting Conviction Reversed Because DA Cited Defendant’s Song Lyrics

Brooklyn prosecutors shouldn’t person utilized a rap opus arsenic grounds successful a execution trial, a New York authorities appeals tribunal says, ruling that the lyrics person “inherent ambiguity” and the suspect was “deprived of a just trial.”

In a determination Tuesday (Sept. 23), New York’s Appellate Division ordered a caller proceedings for Idrissa Reaves, who was convicted of aiding successful the 2016 execution of Nashon Henry. The grounds? That prosecutors had improperly cited his jailhouse rap opus to assistance unafraid a blameworthy verdict.

The reversal centered connected grounds from a expected “slang expert” who had explained Reaves’ lyrics to jurors. The appeals tribunal said the antheral had not been qualified to bash truthful — and that helium had conveniently interpreted each portion of the opus to enactment the state’s charges.

“The suspect was deprived of a just proceedings based upon the improper admittance of the rap opus done a witnesser who was unqualified to connection adept sentiment grounds regarding the meaning of the lyrics,” Justice Barry E. Warhit wrote, earlier adding that the expert’s interpretations ever “ultimately evolved into opinions fitting precisely into the People’s factual mentation of the case.”

The ruling is the latest successful a years-long debate implicit whether rap lyrics should beryllium utilized arsenic grounds successful transgression trials. Critics reason the signifier threatens escaped code by treating originative look arsenic a literal confession; others accidental it tin improperly sway juries by tapping into biases against young achromatic men. California enacted a instrumentality successful 2022 restricting the practice; New York came close to doing the aforesaid but has not yet done so.

Though the existent lawsuit does not impact a large artist, immense names successful hip-hop person faced transgression prosecutions involving their music. Young Thug faced a high-profile pack lawsuit successful Atlanta that focused heavy connected his songs; Lil Durk is presently facing a lawsuit successful which prosecutors initially cited his lyrics.

Reaves was charged implicit a fatal 2016 shooting successful Brooklyn, successful which prosecutors accidental helium served arsenic the getaway driver. While awaiting proceedings astatine Rikers Island, helium authored a rap opus that helium performed implicit recorded telephone calls, which featured lines similar “Boy ever f—d up but helium wanna drill a n—-.”

At trial, prosecutors wanted to usage the song’s lyrics to amusement that Reaves knew the shooting was going to instrumentality place, a cardinal request of proving that helium committed a transgression by aiding the shooter. And a justice ruled that they could present them arsenic grounds — but lone if they secured an adept who could attest astir what the lyrics meant.

When the authorities couldn’t find specified an expert, the justice told prosecutors they had “ten minutes” to “get somebody” to beryllium one. So they rapidly turned to an researcher astatine the Brooklyn territory attorney’s bureau without circumstantial expertise connected rap lyrics. The researcher had immoderate grooming successful “gang lingo,” the appeals tribunal said, adjacent though “this lawsuit did not impact gangs.”

On the stand, the witnesser “admitted to guessing” astir the meaning of lyrics, conceded that songs are “not ever literal,” and acknowledged aggregate interpretations that “reflected the lyrics’ inherent ambiguity,” the appeals tribunal said. But successful his last opinion, helium “invariably inculpated the defendant” successful ways that were “in cleanable accord with the People’s mentation of the case.”

The appeals tribunal nodded to the ongoing ineligible statement implicit rap lyrics arsenic evidence, saying that immoderate courts person “cautioned” against it due to the fact that it’s “difficult to separate betwixt world and fantasy.” However, the tribunal added, galore judges person inactive recovered it due if a genuine adept tin enactment the words successful context.

In Reaves’ case, Justice Warhit said prosecutors had intelligibly not done so. And the expected adept had gone adjacent further than conscionable speculating, the tribunal said — including suggesting that the lyrics referenced crimes with which Reaves had not adjacent been c...