Court reverses murder conviction over rap music law

A state appeals court on Friday overturned the murder conviction and 129-year sentence of a San Bernardino gang member because one of the prosecution’s key items of evidence was a rap video — evidence a new state law has substantially restricted because of its potential appeal to racial prejudice.

The law, the first of its kind in the nation, was approved unanimously by both legislative chambers and signed by Gov. Gavin Newsom in September.

Supporters cited a 2019 report that found rap lyrics had been used as evidence in about 500 trials. The law declares that such evidence proves little in most cases and requires trial judges to consider that it may inject racial bias into the case and wrongly imply that an accused defendant had a violent character.

The new law took effect in January. But because it strengthens defendants’ rights against an unfair trial, said the Fourth District Court of Appeal in Riverside, it must be applied retroactively to cases that are not yet final, such as the case of Travon Rashad Venable.

Venable was accused of driving a car for another member of the California Gardens Crips gang who fatally shot Enon Edwards Jr., 20, and wounded another member of a rival gang on a San Bernardino street in March 2014.

He was convicted of first-degree murder and attempted murder, and his sentence was increased because of prior convictions and gang membership.

Venable denied guilt, and his aunt, with whom he lived, testified that he had been with her all day. The main prosecution witness, identified only as John Doe, told police Venable had been the driver. Doe later told a defense investigator that officers had threatened him with a murder charge if he did not name Venable, but he recanted that statement at trial and repeated his earlier identification.

Prosecutors also showed jurors a rap video that featured Venable’s younger brother and showed Venable and other gang members flashing gang signs and displaying guns, drugs and money. At one point, the court said, Venable was shown holding a rifle.

A prosecution expert witness said some of the lyrics referred to the shooting, and that the message of the video was the gang “claiming ownership” of the crime. Prosecutors played the video twice during their presentation of evidence and a third time during closing arguments, the court said.

“The remaining evidence of Venable’s involvement was not strong,” Justice Marsha Slough said in a 3-0 ruling that granted him a new trial.

“The only witness who identified him as being involved was Doe, a police informant who gave a series of conflicting accounts of the incident,” Slough wrote. “Meanwhile, Venable’s aunt provided an alibi for him, and Venable testified he was not involved in the shooting.

“The prosecution’s emphasis of the rap video at various points in the trial, including in closing arguments, likely had an effect on the outcome,” the court concluded.

Defense attorney Joshua Siegel said he was pleased by the ruling and declined further comment. Attorney General Rob Bonta’s office said it was reviewing the decision, which it could appeal to the state Supreme Court.