The law requires judges to weigh more carefully “forms of creative expression” that could be racially biased and prejudicial against defendants.
A state appellate court has reversed a San Bernardino gang member’s murder conviction stemming from aruling that a rap video he appeared in was prejudicial and should not have been admitted as evidence at his trial.
Venable was the alleged driver of the white Kia used in the killing. Under a plea agreement, co-defendant Elgin Johnson, 28, the alleged shooter, pleaded guilty to voluntary manslaughter in December 2019, and was sentenced to 22 years in prison, court records show.“The potential impact of this decision, if it stands, is that it would likely raise a new avenue for convictions to be challenged,” Rodriguez said in an email Tuesday, Feb 21.
“Police saw the video, saw that it referenced the shooting, took it back to the D.A., and they filed,” Gass said. “They took the video as confirmation.” When the judge presiding over Venable’s trial allowed the video evidence in, it illustrated everything the new law was tailored to prevent, according to thehanded down on Friday, Feb. 17, by the three-justice panel of the Fourth District Court of Appeals in Riverside.
Venable didn’t say anything in the video, although he was seen holding a rifle with an extended magazine. A 22-caliber rifle was one of the firearms used in the 2014 drive-by, according to the opinion.
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