Texas murder conviction in which rap videos were used as evidence overturned

The state's highest criminal court on Wednesday overturned a Greenville man's murder conviction after judges ruled that prosecutors improperly used rap videos he posted on social media to impeach his testimony.

The Texas appeals court ruled that it was harmful for prosecutors to use videos in which 33-year-old Larry Jean Hart raps about selling drugs and other illegal activities under the rap name “Block Da Foo Foo” to challenge his statement that he was a “kind person” and had trouble understanding that left him unaware of the crime.

“If you were to strip the lyrics back to their literal meaning, you would come to the following conclusions: Freddie Mercury killed a man, Bob Marley shot the sheriff, Macy Gray committed murder and…escaped, the band formerly known as The Dixie Chicks killed Earl, and in classic fashion, Johnny Cash “shot a man just to watch him die,” the court's statement said. “These are conclusions that we cannot accept unless there is other evidence to show that the texts are more than fiction.”

Hart was convicted in 2019 of murdering Michael Gardner during a burglary two years earlier. According to court documents, Hart drove someone he said he knew only as “Mondo” or “Little Partner” and three – possibly four – other people he did not know to Gardner's apartment complex. He said the others went to Gardner's apartment, shot the man in the head and stole some of his belongings.

Hart testified that Mondo said Gardner was his uncle and that he had planned to break into his uncle's house, but Hart said he didn't think Mondo would actually do that.

Hart also said he considers himself a “kind person,” which is why he took the others with him, but he doesn't know why they made the trip. He also stated that he had had problems with understanding and expression since his school days. A forensic psychiatrist found Hart competent “but opined that he had a 'below average' IQ,” but this was not told to the jury.

The state showed the jury Hart's rap videos in which he lip-synced a song with references to “guns, cough syrup and being a 'trap king.'” Hart said these lyrics were written by another rapper and denied owning weapons or posing with real cough syrup in the video.

Hart also posted lyrics by Lil Wayne, NBA YoungBoy and Gucci Mane on Facebook that the state said referenced guns and were evidence of his cognitive abilities.

An appeals court in Dallas upheld Hart's conviction in 2022. However, the court ruled that “any probative value of the rap videos and lyrics was outweighed by the overwhelming potential for prejudice and confusion of the facts.”

Hart's attorneys could not immediately be reached for comment. The Dallas County District Attorney's Office declined to comment.

In his concurring opinion, Judge Richardson cited several other song lyrics of various genres that he said could be used as evidence of a crime, according to the state's reasoning.

“I shot the sheriff, but I didn't shoot the deputy” from the 1973 song “I Shot the Sheriff” by Bob Marley and the Wailers could mean aggravated assault with a deadly weapon.

“So put your cards down, down, down, down. So park your Lexus. And throw your keys up” from Beyonce's “Texas Hold 'Em” could represent a serious robbery.

“I eat guys up, breakfast and lunch. Then when I'm thirsty, I drink her blood” from Kesha's “Cannibal” could be interpreted as mistreatment of a corpse.

“Singing these songs, whether as an artist or simply while driving to work, does not make you any more or less likely to be a criminal,” Richardson wrote. “Such music merely serves as a means of expression for millions of law-abiding Americans – even though many have completely different opinions about what is and is not in good taste.”

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