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4th Circuit upholds drug conviction despite use of rap lyrics during trial

By Debra Cassens Weiss

August 7, 2024, 8:57 am CDT

The prosecution’s use of drug-dealing rap lyrics at trial was not error requiring reversal of a conviction in connection with the sale of eutylone, a designer drug that is similar to ecstasy, a federal appeals court has ruled.

The 4th U.S. Circuit Court of Appeals at Richmond, Virginia, upheld the June 2022 conviction of Kenneth Jerome Watkins, an Atlanta-based rapper who was also known as “KennyMan.”

Prosecutors had argued that they were entitled to ask Watkins’ wife, Kizzy Childs, about his rap lyrics after she testified as to his good character because the defense had “opened the door” to character evidence.

Childs had testified that her husband doesn’t sell or do drugs, and it’s not his character to do drugs. Watkins is a practicing Muslim, cares about his family and has a strong work ethic, she testified.

Prosecutors asked Watkins’ wife about rap lyrics that included, “I’m a doper, for real,” and, “I’ve got truckloads and bales, don’t even put it on a scale.”

At trial, Watkins had argued that the lyrics were irrelevant. On appeal, he claimed that the evidence was inadmissible as hearsay or as improper character evidence. Because he failed to raise the objections below, the arguments were reviewed using a plain-error standard, which requires a showing that an error seriously affects the defendant’s substantial rights.

The limited inquiry into Watkins’ lyrics was not plain error, said Judge Julius N. Richardson in his opinion for the 4th Circuit panel. Richardson is an appointee of former President Donald Trump.

“The prosecution merely asked Childs whether she was ‘familiar’ with Watkins’s lyrics, accepting Childs’ answer each time and never pushing for more detail,” Richardson said.

Courthouse News Service covered the opinion, which also rejected arguments that the evidence was insufficient to convict Watson, and that the sentence was incorrectly calculated.

Richardson’s opinion was joined by U.S. District Judge Gina M. Groh of the Northern District of West Virginia, who was sitting by designation, and Judge Robert B. King. Groh is an appointee of former President Barack Obama, while King is an appointee of former President Bill Clinton.

Watkins had been sentenced to 10 years in prison after his conviction for conspiracy to distribute and to possess eutylone with intent to distribute it.