The law requires judges to weigh more carefully “forms of creative expression” that could be racially biased and prejudicial against defendants.
A state appellate court has reversed a San Bernardino gang member’s murder conviction stemming from aruling that a rap video he appeared in was prejudicial and should not have been admitted as evidence at his trial.
Venable was the alleged driver of the white Kia used in the killing. Under a plea agreement, co-defendant Elgin Johnson, 28, the alleged shooter, pleaded guilty to voluntary manslaughter in December 2019, and was sentenced to 22 years in prison, court records show.“The potential impact of this decision, if it stands, is that it would likely raise a new avenue for convictions to be challenged,” Rodriguez said in an email Tuesday, Feb 21.
“Police saw the video, saw that it referenced the shooting, took it back to the D.A., and they filed,” Gass said. “They took the video as confirmation.” When the judge presiding over Venable’s trial allowed the video evidence in, it illustrated everything the new law was tailored to prevent, according to the
Slough concluded it was “clear the prosecution used that evidence to tie Venable to the specific crime.”The video, made by Venable’s younger brother, who goes by the name “Young Trocc,” contains offensive language, including frequent uses of the n-word, depictions of guns and drugs, and references to violent gang activities. Most of those who appear in the video are young Black men.
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