"The trial court incorrectly allowed Idrissa Reaves' song to be admitted into evidence and analyzed by a court-qualified "expert in slang" hired by the Kings County District Attorney's Office, Justice Barry E. Warhit of the New York Supreme Court Second Appellate Department said. The expert's "initial interpretations of the lyrics were often varied and reflected the lyrics' inherent ambiguity," yet "precisely and remarkably mirrored the People's exact factual theory of the case," Warhit wrote."
"Courts "have recognized that rap music is a form of artistic expression that often contains nonliteral references to criminality and illicit conduct," and they have cautioned against improperly using songs as evidence, the judge said. Reaves in 2019 was found guilty by a jury of aiding in the murder of Nashon Henry, who was shot in a drive-by where Reaves drove the car."
"Nevertheless, he testified he had was familiar with some of the terms used in Reaves' phone calls from Rikers Island, including the one where he rapped. Olosunde provided a line-by-line interpretation of Reaves' profanity-laced song, which made references to stolen credit cards and helping with a shooting, according to the investigator."
Idrissa Reaves was convicted in 2019 of aiding in the murder of Nashon Henry after driving the car in a fatal drive-by. Prosecutors introduced a rap song Reaves wrote and performed from Rikers Island and presented a hastily obtained "slang" expert to interpret the lyrics. The appellate court found the trial court erred by admitting and relying on the song and the expert's analysis because the expert's interpretations were varied, ambiguous, and closely mirrored the prosecution's theory. The court noted rap often uses nonliteral language and reversed the conviction.
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