The state's highest criminal court on Wednesday overturned the capital murder conviction of a Greenville man after judges ruled prosecutors improperly used rap videos he posted on social media to impeach his testimony.
The Texas Court of Criminal Appeals ruled it was prejudicial for state prosecutors to use videos of 33-year-old Larry Jean Hart rapping about selling drugs and other illegal activity under the rap name 鈥淏lock Da Foo Foo鈥� in order to challenge his testimony that he was a 鈥渇riendly person" and had comprehension issues that made him unaware of the crime.
鈥淗olding song lyrics to their literal meaning would lead to the following conclusions: Freddie Mercury 鈥榢illed a man,鈥� Bob Marley 鈥榮hot the sheriff,鈥� Macy Gray 鈥榗ommitted murder and 鈥� got away,鈥� the band formerly known as The Dixie Chicks killed Earl, and classically, Johnny Cash 鈥榮hot a man just to watch him die,鈥欌�� the court鈥檚 opinion reads. 鈥淭hese are conclusions we cannot accept outside of some other evidence demonstrating the lyrics are something more than fiction.鈥�
Hart was convicted in 2019 for the capital murder of Michael Gardner while committing burglary two years prior. According to court documents, Hart drove someone he said he only knew as 鈥淢ondo鈥� or 鈥淟ittle Partner鈥� and three 鈥� possibly four 鈥� other people he didn鈥檛 know to Gardner鈥檚 apartment complex. He testified the others went into Gardner鈥檚 apartment, shot the man in the head and stole some of his things.
Hart testified Mondo said Gardner was his uncle and he planned to break into his uncle鈥檚 house, but Hart said he didn鈥檛 believe Mondo would actually do that.
Hart also said he considered himself a 鈥渇riendly person,鈥� which is why he gave the others a ride, but he did not know why they were making the trip. He also testified he鈥檚 had issues with comprehension and expressing himself since he was in school. A forensic psychiatrist found Hart competent but "opined that he had a 鈥榖elow average鈥� IQ,鈥� which the jury was not told.
The state showed the jury Hart鈥檚 rap videos in which he lip-synced a song making references to 鈥渨eapons, cough syrup, and being a 鈥榯rap king.鈥欌�� Hart said those lyrics were written by another rapper and denied owning guns or posing with real cough syrup in the video.
Hart also posted lyrics from Lil Wayne, NBA YoungBoy and Gucci Mane on Facebook, which the state argued referenced guns and was evidence of his cognitive abilities.
A Dallas appeals court upheld Hart's conviction in 2022. But the court ruled 鈥渁ny probative value of the rap videos and lyrics was outweighed by the overwhelming potential for prejudice and confusing the issues.鈥�
Hart鈥檚 attorneys could not immediately be reached for comment. The Dallas County District Attorney's office declined to comment.
In his concurring opinion, Judge Richardson cited several other song lyrics across genres he said could be used as evidence of crime under the state鈥檚 reasoning.
鈥淚 shot the sheriff, but I didn鈥檛 shoot the deputy鈥� from Bob Marley and the Wailers鈥� 1973 song 鈥淚 Shot the Sheriff鈥� could mean aggravated assault with a deadly weapon.
鈥淪o lay your cards down, down, down. So park your Lexus. And throw your keys up鈥� from Beyonce鈥檚 鈥淭exas Hold 鈥楨m鈥� could constitute aggravated robbery.
鈥淚 eat boys up, breakfast and lunch. Then when I鈥檓 thirsty, I drink their blood鈥� from Kesha鈥檚 鈥淐annibal鈥� could be interpreted as abuse of a corpse.
鈥淪inging these songs, either as the artist or just while driving one鈥檚 car to work, does not make one more or less likely to be a criminal,鈥� Richardson wrote. 鈥淪uch music merely serves as an expressive outlet to millions of law-abiding Americans鈥攖hough many will strongly disagree on what is tasteful and what is not.鈥�
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