A bill before Gov. Gavin Newsom would force prosecutors to seek a judge’s approval to introduce rap lyrics to a jury.
Looking back, Bryant’s attorney, Evan Kuluk, said he would have challenged the introduction of lyrics at the 2017 trial, but research into the use of creative expression was in its infancy.
Kuluk’s office searched all Contra Costa County trials that resulted in appeal, and found that lyrics were introduced in 13 of them, all related to rap music. Ten of the defendants were Black and three were Latino. None was white. Bryant is also seeking to remove the gang enhancements to his conviction, arguing both were improperly influenced by racist stereotypes.
To show the mindset of prosecutors who use rap lyrics at trial, Dennis quoted from Bureau of Justice Assistance guidance to local prosecutors in 2004. The bill before the governor also highlights the role of gang investigators, who tend to be working police officers, academics or retired members of law enforcement.
“The question is really, what is the person rapping about?” Grant said. “Is it literally their participation in gang activities in this incident? Is what the substance is close enough to their actual physical activity?”
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