RIVERSIDE, Calif. — An appellate court in Riverside, California, overturned the murder conviction of a man who was sentenced to 129 years to life in prison, ruling in part that the use of a rap video as evidence in this case violates the state's new 'Decriminalizing Artistic Expression Act' – a landmark law, which was signed by Gov. Gavin Newsom on Sept. 31, 2022.
judge’s traditional wooden gavel on white background & shadow detailRIVERSIDE, Calif. — An appellate court in Riverside, California, overturned the murder conviction of a man who was sentenced to 129 years to life in prison, ruling in part that the use of a rap video as evidence in this case violates the state's new"Decriminalizing Artistic Expression Act" – a landmark law, which was signed by Gov. Gavin Newsom on Sept. 31, 2022.
The appellate court judge ruled in a Feb. 17 opinion obtained by ABC News that the"admission of the rap video without the new safeguards was prejudicial to Venable" and the prosecution's emphasis on the rap video during the trial"likely had an effect on the outcome." "Right now we're in a waiting phase to see if the appellate court will give jurisdiction back to us," she added.According to court documents obtained by ABC News, prosecutors introduced a YouTube video found by police where Venable and other members of the California Gardens gang are seen"flashing gang signs" and displaying"guns, drugs, and money."
In the ruling the court pointed to testimony from a gang expert who testified that the gang as a whole took credit for the shooting. "The conviction was overturned because the appellate court could see that there was very little evidence against Venable other than the video," he added.The California law, which was dubbed the"rap lyrics bill," became the state's Evidence Code section 352.2 and seeks to ensure that"creative expression will not be used to introduce stereotypes or activate bias against the defendant, nor as character or propensity evidence," according to the text of the law.
The California bill is the first legislation that explicitly sets guidelines for the the use of rap lyrics in court to be signed into law in the U.S.
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