I found this in a old e-mail today............enjoy.
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The Source Magazine: June 1999 Issue Number 117
Ear To The Streets/Music Bytes
Title Of Article: "First Amendment Blues, Lyrics Keep Coming Back To Haunt
Rappers In Criminal Trials"
The one thing you can't accuse incarcerated Sacramento-based rapper Anerae
Brown (a.k.a. X-Raided) of is being a studio gangster. Soon after he
released his first album, Psycho Active, for independent Black Market Records
(which sold upwards of 50,000 units), Brown, who'd been gangbanging with a
Crip-affiliated set since age 15, ran afoul of the law. On March 15, 1992,
the then 17-year-old Brown and three other men drove up to a rival gang
members house. Identifying themselves as police, the men kicked down the
door and forced their way in. Two shots were fired. The bullets missed
their intended target, who wasn't present at the time. But one shot hit the
rivals mother, killing her. Brown, who claims he didn't fire that fatal
shot, was later tried (as an adult) and convicted of murder, along with two
of his accomplices, while the alleged shooter, Samuel Maurice Proctor, ended
up being acquitted. For his part in the crime, Brown was sentenced to 31
years in Soledad Prison.
Just another case about the wrong path? Well, yes and no. The Brown case
may very well be indicative of a larger pattern of law enforcement officials'
method of criminally prosecuting popular rap artists. In the past five
years, there have been at least four such cases (including Brown's) in
California where rap lyrics were used as evidence in criminal trials. In
1993, Andre "Mac Dre" Hicks was convicted of bank robbery after his song
"Punk Police" was used to implicate him in the infamous "Romper Room"
robberies, where several credit unions, banks, and Chuckie Cheese restaurants
were robbed. In 1996, lyrics from Calvin "Snoop Dogg" Broadus's Doggystyle
album were admitted as evidence in his trial for the murder of Phillip
Woldemariam (for which he was aquitted). In 1998, Shawn "C-Bo" Thomas was
arrested after law enforcement officials determined his songs "Deadly Game"
and "Desperado Outlaws" violated the conditions of his parole, which
specifically prohibited him from making music which "promoted gang lifestyle,
criminal behavior, or violence against law enforcement."
In Brown;s case, Deputy District Attorney Pete Harned, during his closing
argument to the jury, referred to Brown as "the gangster rapper, the
ringleader." Early, Brown's raps, taken from the song "Fuckin Wit a Psycho",
entered into the court record. The lyrics foreshadowed the events of that
fateful night: "Kicking down doors, waving gats???I'm killing mama, daddies and
nephews/ I'm killing sons, daughters and sparing you". Harned told THE
SOURCE the introduction of X-raided's lyrics as evidence was necessary "to
show Mr. Browns possible association with gangs and the spirit of gang
mentality" (under California law, persons convicted of gang-related crimes
are subject to mandatory maximum sentencing guidelines). Ironically, Harned
says the use of X-Raided's raps in court was "quite moving".
Harned, who claims the use of X-Raided's music, lyrics, and album cover
(which depicted the rapper holding the same caliber weapon used in the
killing) were "a very small part of the evidence", doesn't feel such usage
constituted a violation of Browns First Amendment Rights. "In a trial, you
can certainly argue that this is just music, this is just an expression", he
says. "But in fact this is what [Brown] did do, and frankly the jury has to
reveal to the judge whether it was a plan of intent or indicative of his
state of mind." Yet even Harned finds it somewhat intriguing that the
X-raided, Mac Dre, C-Bo, and Snoop Dog cases all took place in California,
which incidentally, spends more money on correctional facilities than on
educational facilities. "At the time, I had never heard of it being done.
But since then, I've seen it come up in three or four national cases," he
states.
In an exclusive interview from Soledad, Brown contended that not only were
his lyrics taken out of context, but he was convicted in the media before the
case ever got to a jury. While awaiting trial, a process that dragged on for
four years, his controversial second album "Xorcist" recorded over the phone
from jail, was removed from store shelves at Tower Records following a
protest by the victims family. This event and details of the trial, were
widely reported by the Sacramento Bee. "I felt like the world was after me,
because at first the judge was not going to allow the evidence to be used,
but the district attorney, he found ways to get stuff into the trial," Brown
says now, adding that he has matured and no longer considers himself a gang
banger.
Brown, who ironically wrote C-Bo's rhymes for "Deadly Game", feels that rap
artists are being unfairly targeted. "Look at DMX, as soon as he dropped his
album, all it took was for that female to accuse him of rape. No evidence, no
nothing, and the authorities went full steam ahead with that. Snoop's
acquittal was just a matter of money and having the proper attorney." At
press time, Browns court-appointed attorney could not be reached for comment.
Anerae Brown is no angel. That much is clear. He maintains he is not guilty
of murder, though he doesn't deny participating in the incident. But under
the law, every defendant, gangsta rapper or nor, is supposed to be presumed
innocent until proven guilty. With media bias and public opinion strongly
weighted against him, the question of whether Brown received the fair trial
he is entitled to or whether rap lyrics are viable as evidence in a trial
hangs in the air like gunsmoke.
-----------------------------------------------------------------------------
The Source Magazine: June 1999 Issue Number 117
Ear To The Streets/Music Bytes
Title Of Article: "First Amendment Blues, Lyrics Keep Coming Back To Haunt
Rappers In Criminal Trials"
The one thing you can't accuse incarcerated Sacramento-based rapper Anerae
Brown (a.k.a. X-Raided) of is being a studio gangster. Soon after he
released his first album, Psycho Active, for independent Black Market Records
(which sold upwards of 50,000 units), Brown, who'd been gangbanging with a
Crip-affiliated set since age 15, ran afoul of the law. On March 15, 1992,
the then 17-year-old Brown and three other men drove up to a rival gang
members house. Identifying themselves as police, the men kicked down the
door and forced their way in. Two shots were fired. The bullets missed
their intended target, who wasn't present at the time. But one shot hit the
rivals mother, killing her. Brown, who claims he didn't fire that fatal
shot, was later tried (as an adult) and convicted of murder, along with two
of his accomplices, while the alleged shooter, Samuel Maurice Proctor, ended
up being acquitted. For his part in the crime, Brown was sentenced to 31
years in Soledad Prison.
Just another case about the wrong path? Well, yes and no. The Brown case
may very well be indicative of a larger pattern of law enforcement officials'
method of criminally prosecuting popular rap artists. In the past five
years, there have been at least four such cases (including Brown's) in
California where rap lyrics were used as evidence in criminal trials. In
1993, Andre "Mac Dre" Hicks was convicted of bank robbery after his song
"Punk Police" was used to implicate him in the infamous "Romper Room"
robberies, where several credit unions, banks, and Chuckie Cheese restaurants
were robbed. In 1996, lyrics from Calvin "Snoop Dogg" Broadus's Doggystyle
album were admitted as evidence in his trial for the murder of Phillip
Woldemariam (for which he was aquitted). In 1998, Shawn "C-Bo" Thomas was
arrested after law enforcement officials determined his songs "Deadly Game"
and "Desperado Outlaws" violated the conditions of his parole, which
specifically prohibited him from making music which "promoted gang lifestyle,
criminal behavior, or violence against law enforcement."
In Brown;s case, Deputy District Attorney Pete Harned, during his closing
argument to the jury, referred to Brown as "the gangster rapper, the
ringleader." Early, Brown's raps, taken from the song "Fuckin Wit a Psycho",
entered into the court record. The lyrics foreshadowed the events of that
fateful night: "Kicking down doors, waving gats???I'm killing mama, daddies and
nephews/ I'm killing sons, daughters and sparing you". Harned told THE
SOURCE the introduction of X-raided's lyrics as evidence was necessary "to
show Mr. Browns possible association with gangs and the spirit of gang
mentality" (under California law, persons convicted of gang-related crimes
are subject to mandatory maximum sentencing guidelines). Ironically, Harned
says the use of X-Raided's raps in court was "quite moving".
Harned, who claims the use of X-Raided's music, lyrics, and album cover
(which depicted the rapper holding the same caliber weapon used in the
killing) were "a very small part of the evidence", doesn't feel such usage
constituted a violation of Browns First Amendment Rights. "In a trial, you
can certainly argue that this is just music, this is just an expression", he
says. "But in fact this is what [Brown] did do, and frankly the jury has to
reveal to the judge whether it was a plan of intent or indicative of his
state of mind." Yet even Harned finds it somewhat intriguing that the
X-raided, Mac Dre, C-Bo, and Snoop Dog cases all took place in California,
which incidentally, spends more money on correctional facilities than on
educational facilities. "At the time, I had never heard of it being done.
But since then, I've seen it come up in three or four national cases," he
states.
In an exclusive interview from Soledad, Brown contended that not only were
his lyrics taken out of context, but he was convicted in the media before the
case ever got to a jury. While awaiting trial, a process that dragged on for
four years, his controversial second album "Xorcist" recorded over the phone
from jail, was removed from store shelves at Tower Records following a
protest by the victims family. This event and details of the trial, were
widely reported by the Sacramento Bee. "I felt like the world was after me,
because at first the judge was not going to allow the evidence to be used,
but the district attorney, he found ways to get stuff into the trial," Brown
says now, adding that he has matured and no longer considers himself a gang
banger.
Brown, who ironically wrote C-Bo's rhymes for "Deadly Game", feels that rap
artists are being unfairly targeted. "Look at DMX, as soon as he dropped his
album, all it took was for that female to accuse him of rape. No evidence, no
nothing, and the authorities went full steam ahead with that. Snoop's
acquittal was just a matter of money and having the proper attorney." At
press time, Browns court-appointed attorney could not be reached for comment.
Anerae Brown is no angel. That much is clear. He maintains he is not guilty
of murder, though he doesn't deny participating in the incident. But under
the law, every defendant, gangsta rapper or nor, is supposed to be presumed
innocent until proven guilty. With media bias and public opinion strongly
weighted against him, the question of whether Brown received the fair trial
he is entitled to or whether rap lyrics are viable as evidence in a trial
hangs in the air like gunsmoke.