A 33-Year-Old Rapper Is Facing Life In Prison Because His Album Cover Had A Gun On It
Because 'murrica!
By Sadho Ram — 22 Nov 2014, 11:54 AM — Updated about 10 years ago
Last night, 21 November, I came upon a tweet by Jim Dalrymple II, a BuzzFeed reporter. According to the tweet, in America, a 33-year-old man is facing life in prison because he made a rap album.
This is rapper Tiny Doo. He's facing life in prison b/c his album cover had a gun on it http://t.co/Lp02j7nBr8 pic.twitter.com/qEJlARLBbA
— Jim Dalrymple II (@JimDalrympleII) November 21, 2014
Yes, you read that right! Brandon Duncan, a San Diego rapper who goes by the name Tiny Doo, may spend the rest of his life in prison because he put out a rap album. Entitled No Safety, the album features a photograph of a gun and bullets on the cover.
From Jim's report on BuzzFeed:
It’s a record that has been described as “gangsta rap” by some media, but to San Diego County prosecutors it’s something else: evidence that Duncan was part of a gang conspiracy to carry out a series of shootings.
Prosecutors have charged Duncan, 33, with nine felonies related to gang-related shootings in the San Diego area. The potential penalty for these charges is 25 years to life in prison.
buzzfeed.com
Duncan isn't charged with participating in the shootings; instead, he's being charged under a never-before-used 14-year-old California law which states that anyone who "promotes, furthers, assists, or benefits" criminal gang activity is guilty of conspiracy. And Duncan's album, along with "pictures on a social media page of him and several other defendants" is evidence against him.
Mr. Duncan has not been tied to the shootings and has no criminal record, but prosecutors argued that he benefited from the crimes because his gang gained in status, allowing him to sell more albums, the station reported.
“We’re not just talking about a CD of anything, of love songs. We’re talking about a CD [cover] … there is a revolver with bullets,” said Deputy District Attorney Anthony Campagna.
A judge decided on Monday that Mr. Duncan will go to trial.
washingtontimes.com
Needless to say, Duncan's lawyer is floored by the accusations:
"It's shocking," said Brian Watkins, Duncan's attorney. "He has no criminal record. Nothing in his lyrics say go out and commit a crime. Nothing in his lyrics reference these shootings, yet they are holding him liable for conspiracy. There are huge constitutional issues."
Brian Watkins, the lawyer, disputed that the album perpetrates violence in any way, raising the issue of artistic expression
Duncan’s album does not encourage violence, Watkins said.
“It’s no different than Snoop Dogg or Tupac,” he said. “It’s telling the story of street life,” with gritty details and obscenity-filled language.
“If we are trying to criminalize artistic expression, what’s next, Brian De Palma and Al Pacino?” Watkins said after visiting with his client in county jail.
“Every drug gangster loves ‘Scarface.’ Does it encourage violence?” asked Watkins, a reference to the 1983 movie directed by De Palma and starring Pacino.
However, as Jim notes on his BuzzFeed report, the origins of Duncan's case date back to the late 1990s, when he, after growing up in a black neighborhood in San Diego where gang activity is common, became a "documented gang member" in 1998
Duncan grew up in a black neighborhood in San Diego where, according to lawyer Deanne Arthur, gang activity is common. Police took down Duncan’s name in 1998 — he would have been 17 years old — though he wasn’t charged with a crime. At the time, Duncan was affiliated with the Lincoln Park Bloods, though Arthur said the affiliation had more to do with proximity than anything else.
“You grow up with a neighborhood where there’s a Crips side and a Bloods side,” Arthur said. “It was really just the neighborhood that he was in.”
Duncan emerged into adulthood without a criminal record — he once faced pimping charges, Arthur said, but prosecutors ultimately dropped the case. Today he has five children, with another on the way.
buzzfeed.com
So far, Duncan has spent five months in prison. However, if he is convicted, the decision may affect other artists in the music industry. Duncan's trial begins 4 December, and he's being held on USD1 million bail until then. He has no prior criminal record.
His attorneys argue: [The decision] could impact other artists. Lawyer Deanne Arthur pointed out that Duncan raps about the same things as other mainstream artists; if his connection to crime boils down to Facebook pictures and album art, it’s not a stretch to imagine other rap artists being similarly indicted.
Brian Watkins, another attorney on Duncan’s legal team, went even further, pointing out to the Times that gang activity is often depicted in film.
globalgrind.com