James Broadnax has been locked up in a 6ft-by-10ft cell on death row in Texas for more than 16 years, and in that time he has developed coping mechanisms for passing the long and desolate days.

A favourite technique is to write spoken word poetry at his cell desk. He becomes so engrossed in the creative process that he can lose himself for hours, transfixed in what he calls a “time gap”.

Broadnax is set to enter the execution chamber in Huntsville, Texas, on 30 April. He will be strapped to a gurney and injected with a lethal dose of pentobarbital – his life snuffed out in no small part because of the prosecutorial use, or misuse, of his poetry. In 2009, Broadnax, who is African American, was convicted along with his cousin of murdering two white men, Matthew Butler and Stephen Swan, during a robbery in Garland, Texas. He was found guilty by a jury from which Dallas county prosecutors had initially excluded all Black jurors, until the trial judge stepped in and reinstated one of them.

During the sentencing phase of Broadnax’s capital trial, prosecutors presented the jury with 40 pages of the defendant’s notebooks found in a suitcase after his arrest. The state carefully selected rap lyrics infused with violent images of murder, robbery and drugs, to make the case that Broadnax should be sentenced to death. Its lawyers skirted over lyrics addressing peaceful narratives such as redemption and love. For the ultimate punishment to be secured under Texas law, jurors would have to be persuaded that the defendant posed a threat of “future dangerousness”.

By leaning heavily on rap lyrics and racist dog whistles, Texas prosecutors managed to drown out mitigating evidence that might have spared Broadnax’s life. His defense lawyers emphasised that Broadnax was just 19 when the murders took place. He had endured an abusive childhood at the hands of a grandmother who locked him up in his room without food and frequently beat him. And despite such a traumatic background, he had no previous criminal record other than a single conviction for non-violent marijuana possession.

The jury was clearly less swayed by such details than by the prosecutors’ lurid invocation of the rap lyrics. Jurors asked to see the notebooks twice during their deliberations. Then they sent Broadnax to death row.

  • JigglySackles@lemmy.world
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    1 day ago

    Man…cannibal corpse better hope that no one in texas decides to review their lyrics. For all the bluster Texans tend to puff up with, they are some of the most easily offended people I’ve met. Especially if you don’t like their state.

  • gedaliyah@lemmy.worldM
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    1 day ago

    Are you telling me Johnny Cash didn’t really kill a man in Reno just to watch him die?

      • zeppo@lemmy.world
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        2 days ago

        It wouldn’t be the first time a defendant’s writings were used against them. What is the indication that it was about them being ‘rap’? They were apparently in the form of free style poetry, not recorded or otherwise set to music.

        • HellsBelle@sh.itjust.worksOP
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          2 days ago

          It’s in the summary above and the article.

          During the sentencing phase of Broadnax’s capital trial, prosecutors presented the jury with 40 pages of the defendant’s notebooks found in a suitcase after his arrest. The state carefully selected rap lyrics infused with violent images of murder, robbery and drugs, to make the case that Broadnax should be sentenced to death. Its lawyers skirted over lyrics addressing peaceful narratives such as redemption and love. For the ultimate punishment to be secured under Texas law, jurors would have to be persuaded that the defendant posed a threat of “future dangerousness”.

          By leaning heavily on rap lyrics and racist dog whistles, Texas prosecutors managed to drown out mitigating evidence that might have spared Broadnax’s life. His defense lawyers emphasised that Broadnax was just 19 when the murders took place. He had endured an abusive childhood at the hands of a grandmother who locked him up in his room without food and frequently beat him. And despite such a traumatic background, he had no previous criminal record other than a single conviction for non-violent marijuana possession.

          The jury was clearly less swayed by such details than by the prosecutors’ lurid invocation of the rap lyrics. Jurors asked to see the notebooks twice during their deliberations. Then they sent Broadnax to death row.

          • zeppo@lemmy.world
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            2 days ago

            Yes, I read that about three times. What is it exactly that makes his writings “rap lyrics“?

            • CmdrShepard49@sh.itjust.works
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              20 hours ago

              Why are you so weirdly fixated on the “rap lyrics” part? All songs, including rap songs generally get written down on paper first and plenty of rap songs start out as “poetry” first.

              The issue here isnt whether these were rap lyrics or poetry. The issue is that they prosecutor cherry picked artistic works to make the guy seem like some sort of animal that needs to be put to death. They’re misrepresenting facts in order to end a person’s life.

            • HellsBelle@sh.itjust.worksOP
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              2 days ago

              In every media source I’ve read about this the 40 pages are listed as having rap lyrics. Maybe that’s how the cops described it, or the prosecutors decided that’s what they’d label it to gain the death penalty.

              • zeppo@lemmy.world
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                2 days ago

                The article initially describes it as “spoken word poetry”. I guess the thing is I’d have to see what he wrote and hear their alleged racist tropes to make a determination for myself, not just go with what the journalist alleges.

                • Art3mis@lemmy.world
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                  1 day ago

                  “id have to be on a confederate plantation myself to know if they were racist” type shit. Embarrassing.

                  Texas being racist ad legally murdering men of color is nothing new.

          • XeroxCool@lemmy.world
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            2 days ago

            No, it’s not in that summary. The summary calls them rap lyrics, but only states they came from a notebook. A rhyme on paper is poetry. Nothing in the article makes them truly rap lyrics. Nothing about recording or performing prior to arrest, just that he wanted to be a rapper. Yes, they were very likely it ended to be rap lyrics and were definitely interpreted as rap lyrics by the jury. It’s not exactly fair to call them rap lyrics because the article is playing up the racial inequality, but, at the same time, it really is important to highlight the differences on public opinion of poetry.

            Though his love of writing has remained constant, the form of Broadnax’s poetry has changed over the years. Today it is spoken word, but as a teenager back in the aughts it was rap. Broadnax’s dream was to become a successful rapper. He would fill entire notebooks with handwritten rap lyrics. Next month, that old habit could cost him his life.

            • zeppo@lemmy.world
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              1 day ago

              I could rap Emily Bronson. Seems like the media wants it to be “omg black and he’s a rapper and rap lyrics”. Sure, Texas fucking blows but if you’re already in prison for murdering someone, good luck.

            • HellsBelle@sh.itjust.worksOP
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              2 days ago

              A rhyme on paper is poetry.

              Are you an expert on writing lyrics? Or poetry? Who decided that you have the last word on how lyrics can become part of a song or part of a poem?

              Your arrogance is showing.

  • TargaryenTKE@lemmy.world
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    2 days ago

    Someone really should’ve arrested Bob Marley (original composer/performer) and Eric Clapton (more famous cover version) for their insidious rap “I Shot the Sheriff”

    • zeppo@lemmy.world
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      1 day ago

      Were either of them ever accused of murdering someone? No, so what court case would that have have been evidence for?

        • zeppo@lemmy.world
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          21 hours ago

          Definitely could’ve reflected on him if he had been writing poetry for 10 years about how he hates kids and thinks they’re useless and he wants them to die

      • TargaryenTKE@lemmy.world
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        I mean, attempted murder is a thing. Even if they weren’t trying to kill the Sheriff, I feel like it would count towards an assault charge at the very least

        • zeppo@lemmy.world
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          21 hours ago

          When did Eric Clapton, Bob Marley or Johnny Cash come up on attempted murder? Or assault? I would think that if they did, and the local authorities wanted to win a case or didn’t like them for some reason, yeah, they’d do or say whatever to make them look bad.

  • VinegarChunks@lemmus.org
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    A defendant’s statements should not become inadmissible in court just because they are expressed in the form of rap lyrics.

    • tb_@lemmy.world
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      So Robert Bloch’s “statements” in the book Psycho should be able to he used to convict him of murder or other such? Clearly he had violent tendencies because of the fiction he wrote.

      Furthermore:

      Its lawyers skirted over lyrics addressing peaceful narratives such as redemption and love.

      • VinegarChunks@lemmus.org
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        If he was on trial for an unsolved murder he could have plausibly been present for, and the murder relates to the description he wrote in his book, yes absolutely the fact he wrote about similar murders should be presentable to the jury. Of course it should! How would that not be relevant?

        • tb_@lemmy.world
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          23 hours ago

          I guess?

          Should the playing of shooter/violent games also be possible evidence?

          In some cases I can see where there might be some overlap, like in OJ Simpson’s case. But in other cases, like this one, it gives me some pause. Maybe it can support a case, but it sure as hell shouldn’t carry one.

          By leaning heavily on rap lyrics and racist dog whistles, Texas prosecutors managed to drown out mitigating evidence that might have spared Broadnax’s life

  • Big Baby Thor@sopuli.xyz
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    2 days ago

    “Future dangerousness”? Boy, we never should have gave you English. Texan English is in itself an overcompensation. It’s somehow worse than German combine words.

  • betterdeadthanreddit@lemmy.world
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    2 days ago

    He also admitted to the killings in an interview with a reporter. Might have been lying then but it’s pure fantasy to attribute his conviction to the rap lyrics.

      • zeppo@lemmy.world
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        1 day ago

        OK, then let’s make the debate about whether the death penalty is legitimate or not, and not some “omg rap” bullshit.

        • CmdrShepard49@sh.itjust.works
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          20 hours ago

          You’re literally the one person continually steering the conversation toward “omg rap” throughout this entire comment section.

    • partial_accumen@lemmy.world
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      Might have been lying then but it’s pure fantasy to attribute his conviction to the rap lyrics.

      According to the article, there is no mention about his writings to convict him.

      The writings were only introduced after conviction during sentencing.

    • HellsBelle@sh.itjust.worksOP
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      2 days ago

      I take it you missed the part of the title where it says the rap lyrics “helped” convict him … not ‘did’ convict him.

      • betterdeadthanreddit@lemmy.world
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        No, that’s why I didn’t say “attribute his conviction solely to the rap lyrics” in this case. With the way the article presents the information, a reader might come away with the impression that the lyrics were the strongest evidence (maybe even only evidence) of his guilt. I don’t think that’s responsible journalism when details like his confession are omitted.

        • HellsBelle@sh.itjust.worksOP
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          Because his ‘confession’ was not gained by police. It was given while speaking to the press, and as far as I can tell (from reading multiple different media sources) it was not used during the trial as evidence.