In SDNY Another Rap Song
Showdown In Trial For Murder of Shaquille
Malcolm in The Bronx
By Matthew
Russell Lee, Patreon
Honduras
- The
Source - The
Root - etc
SDNY COURTHOUSE,
Dec 4 –
On the second day of 2014 in
The Bronx, New York Shaquille
Malcolm was repeatedly shot
and killed in a building in
the Allerton section.
In arraignments
that followed, Inner City
Press reported
that the death penalty was on
the table, including as to a
co-defendant who has since
pled guilty to a superseding
indictment, Gyancarlos
Espinal.
On December 4 the
two remaining co-defendants
Arius Hopkins and Theryn Jones
a/k/a Old Man Ty were on trial
before U.S. District Court for
the Southern District of New
York Judge Lewis A. Kaplan.
Testifying against them was
now cooperating co-defendant
Alexander Melendez. He
described using a .22 to shoot
and kill Shaquille Malcolm,
with orders and firepower
given by the two mean with six
lawyers sitting at the defense
table.
The
upcoming issue is the use of a
rap or hip-hop song as
evidence. Arius Hopkins'
lawyer Glenn A. Garber had
asked that prospective jurors
be asked if they were familiar
with "the genre of music
called gansta
rap."
On December 4,
Assistant US Attorney Danielle
R. Sassoon argued that
questions about the song - a
copy of which does not appear
to have been uploaded by the
US Attorney's Office unlike
with GUMMO and Billy in the #6ix9ine
trial also known as US
v. Jones - should be
limited.
Such songs
and lyrics are also being used
by the US Attorney's Office in
another SDNY case Inner City
Press has covered,
US v. Darrell Lawrence, et
al., 19-cr-761 (Oetken).
It is an emerging and
accelerating First (and Fifth)
Amendment issue, leading Inner
City Press to raise folk-type
song SDNY questions.
Judge Kaplan reserved judgment
on what he will allow on
cross-examination. This case
is US v. Jones, et al.,17-cr-791
(Kaplan).
***
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