A California appeals court overturned the murder conviction of an alleged gang member, ruling that prosecutors misused the rap video as evidence.
Travon Rashad Venable, 34, is being held at the Calipatria State Penitentiary pending prosecutors deciding whether to retry the murder of Enon “Bubba” Edwards, who was shot in the head on March 5, 2014.
Venable was convicted of being behind the wheel of a shooting near Medical Center Drive and West Union Street in San Bernardino, about 100 kilometers east of downtown Los Angeles.
Jurors were shown a YouTube rap video featuring Venable’s brother “Young Trocc” and featuring Venable and other members of the California Gardens Crips gang, court records show.
“They were seen holding up gang signs and displaying guns, drugs and money,” according to a state appeals court ruling issued on February 17.
At one point, Venable was holding a rifle with an extended magazine. One of the rap phrases was, “I’ve been told by a bird[] that they done it [racial slur] real bad/Slid up Medical and left that [racial slur] head gone.” ”
A gang expert testified that the footage showed a “California Gardens member shot another in the head at a medical center” and that the group “claimed responsibility” for the murder. It says.
Last fall, California Governor Gavin Newsom enacted a law restricting prosecutors from using such music in cases.
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“There is no question that the presiding judge’s admission of rap evidence in this case is inconsistent with the new requirements for the admissibility of creative expression,” the Court of Appeals said.
There is also considerable concern that admission of evidence may have had the exact effect the legislature sought to avoid. Rap videos contain offensive language, including frequent use of the N‑word, depictions of guns and drugs, and references to violent gang activity. Most of the people in the videos are young black men.”
According to the appeals court, Venable had been sentenced to life imprisonment since 129. He should have been eligible for parole in October 2048, according to state prison records.
Benable’s attorneys and representatives of the San Bernardino County District Attorney’s Office were not immediately available for comment Friday morning.
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