Most rap lyrics by Yella Beezy cannot be used as evidence against him in his murder-for-hire trial, a Dallas judge ruled Monday.
The use of in criminal prosecutions has become a controversial topic, as First Amendment advocates argue they aren't meant to be taken literally and are a legitimate expression of free speech.
Yella Beezy, whose real name is Markies Conway, is accused of paying a man to kill rapper MO3, who was gunned down on Interstate-35 in Dallas in 2020.
Eric Barnes, a Dallas Police Department investigator and "rap music expert," testified in a hearing last week that lyrics and social media posts were relied on as evidence because many witnesses refused to talk.
Attorney Chad Baruch 鈥� who wrote an in 2015 on behalf of rappers Killer Mike and T.I. 鈥� told 四虎影院 rap songs can only be used as evidence if there鈥檚 a link between the lyrics and the crime.
鈥淥bviously, if I write a rap song about murdering my wife, and 48 hours later I murder my wife, that鈥檚 coming into evidence,鈥� Baruch said. 鈥淵ou can't just have a blanket rule that says, well, you can use rap lyrics, or you can't鈥�
He also said the use of rap lyrics is controversial because they are used as evidence while lyrics in other genres are often not.
鈥淚f Johnny Cash were accused of murder, no one would let them introduce the lyric that he shot a man in Reno just to watch him die,鈥� Baruch said, referring to 鈥淔olsom Prison Blues鈥� by Cash. 鈥淎nytime you're treating rap differently than other art forms, you're almost inevitably treating black performers differently than other performers.鈥�
The highest criminal court in Texas found in 2024 that, when rap lyrics are introduced, their value as evidence must outweigh the bias they introduce.
In that case, Hart v. State, the court overturned a capital murder conviction of a Greenville man due to the rap songs prosecutors used as evidence.
In Conway鈥檚 trial, the judge will allow parts of the song 鈥淥n Ya Head鈥� and all of 鈥淜eep It in the Streets鈥� to be used as evidence.
"I fire my strap and you can fire your strap,鈥� Conway raps in 鈥淜eep It in the Streets.鈥�
One song by MO3, 鈥�2 Nineteen,鈥� was also allowed to be used as evidence.
Conway鈥檚 trial is scheduled to begin Aug. 24.
Dylan Duke is 四虎影院's breaking news reporter. Got a tip? Email Dylan at dduke@kera.org.
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