Rap video, tattoo photos on defendant's Facebook page were admissible, 2nd Circuit says
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A defendant convicted in a gang prosecution has lost a First Amendment appeal that contended prosecutors wrongly used a rap video and Facebook photos against him.
The New York-based 2nd U.S. Circuit Court of Appeals said the rap video and images of tattoos did not violate free-speech rights because they were not the basis for prosecution, the New York Law Journal reports. Instead, the appeals court said, the video was used to establish participation in a RICO enterprise and to show animosity toward a rival gang known as Young Gunnaz. The opinion is here (PDF).
Defendant Melvin Colon had challenged the evidence after he was convicted of charges that included conspiracy to murder and murder in aid of racketeering. In his rap video, which included several gang members, Melvin raps, “Somebody make somebody nose bleed / I’m OG shoot the Ruger / I’m a shooter.” The tattoos included the initials “Y.G.K.,” which was alleged to stand for “Young Gunnaz Killer.”
Initials in the last paragraph corrected on May 14; commenters pointed out the error.
