Alan Jackson And Rap Lyrics Part 2
Karen Read's attorney was the catalyst for the deeply flawed 2019 book "Rap On Trial," which allegedly recounted the Laz Tha Boy case.
Part 1 recounted how a 2004 paper by Alan Jackson was the catalyst for rap lyrics being used as evidence in criminal prosecutions to receive greater scrutiny a decade later.
Spawning A New Cottage Industry
Anthony Elonis’ case played a large part in spawning a new cottage industry of left-wing academics writing articles and books and testifying as expert witnesses regarding the use of rap lyrics as evidence in criminal trials. And sadly, they’ve had a lot of success at getting convictions overturned and new laws on the book.
Two of the most prominent are Andrea Dennis, a University of Georgia law professor, and Erik “Self-Hating White Guy” Neilson, a University of Richmond (Virginia) ethnic studies professor. The duo authored the 2019 screed Rap on Trial: Race, Lyrics, and Guilt in America. The book recounts several cases from across America in which rap lyrics were used as evidence. And every one of the accounts omitted critical information or flat out misrepresented the facts. Perhaps the best example of this was their completely erroneous and one-sided account of a Contra Costa County case: The People v. DeAndre Mitchell.
Laz Tha Boy
DeAndre Mitchell, a/k/a Laz Tha Boy, is a big name in the Richmond, California rap scene. Chapter 5, titled ‘Aggressive Prosecutors and Untrained Experts,’ of Rap On Trial purported to recount the 2012 attempted murder case against Mitchell.
Mitchell’s case dates back to September 2012 when, according to witnesses, two men fired approximately ten rounds at a forty-five year-old man in an apparent drive-by shooting. One of the bullets hit the man in the chest, narrowly missing his vital organs; he survived.
Police suspected that the shooting was a gang-related retaliation by members of the Deep C, or Deep Central gang, based in nearby Richmond, California. Mitchell was one of the suspects, and after being indicted for attempted murder in October 2012, he was arrested and detained in jail. With bail set at an astronomical $6 million, he—like countless Americans across the country—had no choice but to spend years behind bars waiting for his trial.
His release was bittersweet because the father of two had already given up two years of his life to the criminal justice system, all for a crime he maintains he never committed. He ultimately pled guilty, not because prosecutors had a strong case against him but, ironically because they didn’t. There was no physical evidence connecting him to the crime, and it turns out that the victim, who had originally claimed he saw Mitchell at the shooting, actually admitted to police that he heard a rumor that Mitchell was involved; he didn’t actually see him.
With such a weak case, the prosecutor, a deputy district attorney for Contra Costa County named Satish Jallepalli, looked for evidence. He found it in the form of rap videos that Mitchell—also known as Laz Tha Boy, an aspiring rapper with a growing Bay Area fan base—had posted to YouTube. Even though Mitchell’s videos had been made years earlier and didn’t include any references to the shootings he was charged with, Jallepalli argued to a grand jury that the videos illustrated Mitchell’s mind set, his willingness to commit the crimes, and his willingness to commit them on behalf of Deep C.
[...]
When Jallepalli asked a detective, John Lopez, to explain the meaning of various phrases from Mitchell’s videos, Lopez offered implausible interpretations. He claimed, for instance that “to ‘ride’” is to shoot...If you’re a rider, you’re a shooter."
That’s nonsense “To ride,” taken literally is to go for a ride, as in a car. Figuratively, especially in rap music, it means to be loyal or devoted. Not even the depths of Urban Dictionary, on online crowd-sourced dictionary of slang terms and phrases can you find a definition that says a rider is a shooter. And when asked to explain “Do it for the block (a phrase repeated in the song “What U Do It Fo”)—he responded, “Doing it for your— in essence Deep C, whether it be crimes and/or shootings.” Aside from the fact that “crimes and/or shootings” suggest that shootings aren’t crimes, the problem is that Lopez takes a generic refrain like “Do it for the block”— used verbatim in songs by well-known artists—and offers a highly detailed interpretation that just happens to fit the prosecutor’s argument to a T. Even though Mitchell doesn’t say that he commits crimes for Deep C or any other gang, a police detective with no expertise in rap music sat before a grand jury and said he did.
To start with the facts, there were two shootings, not one. The September 2012 shooting was a walk-up, not a drive-by. The victim, Anthony Terry Sr. testified to the Grand Jury that he knew Laz from having lived in Richmond. The videos were shown to the Grand Jury for the purposes of gang enhancements, not the attempted murder charges.
Richmond Police Lt. John Lopez testified in Mitchell’s Grand Jury proceeding that he regularly watched local rap artists videos on YouTube to keep track of who’s associating with who, who’s beefing with who, and who’s boasting about their exploits. Having seen Lopez testify in a related case, the impression I got from watching him dissect videos was that he was very knowledgeable about the Richmond rap scene and he picked up on nuances that would be easily missed by the lay viewer. It seems clear that neither Dennis nor Nielson never bothered to do any research into Lopez’s background, much less read the complete Grand Jury transcript.
The context of the statement about “to ride is to shoot” came from a question a Grand Juror posed to Lopez about the significance of the Colorado Rockies cap Laz wore in parts of the “South Side Richmond” video. According to Lopez, the “CR” on the cap signifies Central Riders. The Grand Juror then followed up with a question about the meaning of “to ride.” Lopez’s unabridged response was:
To ride is a—is a slang term, to to ride is to shoot, to ride for your, either your homeys or ride for your neighborhood. If you’re a rider, you’re a shooter.
As for the correct interpretation—at least in Richmond, California—about the phrase “ride,” Laz provided a contextual example in “What U Do It Fo,” which was also shown to the Grand Jury:
When the n***a got a gun / You need to quit runnin’ yo mouth / Boy put you in a blindfold / Spin you like a side show / Ya know, I’m gonna ride bro / It’s either them or I go.
Regarding the significance of the phrase “ride” or “rider,” like many terms, it has multiple definitions. The most popular definitions for “ride” on Urban Dictionary pertain to sex and vehicles. As for “rider,” the most popular Urban Dictionary definitions describe it as someone who is down for whatever often times with no gang affiliation.
But if one searches for “ridah” on Urban Dictionary— a term widely used by the likes of Tupac Shakur and other rappers—one finds definitions that refers to a well-respected gangster who is down to do anything or someone who is down to rumble or rob.
When one considers the full context of “What U Do It Fo,” Lopez was on solid ground when he testified to the Grand Jury that “to ride” meant that Laz was portraying himself as a shooter. It seems a bit odd that Nielson and Dennis, who fancy themselves as leading experts on rap lyrics, omitted “ridah” from their Urban Dictionary queries. Or maybe they didn’t and just ignored it since it didn’t fit their hypothesis.
In any event, “What U Do It Fo” was posted to YouTube in May 2010, more than a year before the first Antioch shooting Laz was alleged to have been involved in and more than 2 years before the second shooting. Without getting into a pedantic and pointless debate about the cut-off point for what constitutes “years earlier,” it is reasonable to conclude that ‘What U Do It Fo’ was still recent enough to provide insight into DeAndre Mitchell’s gang affiliation at the time of the attempted murder of Anthony Terry Sr.
Nielson and Dennis also omitted Mitchell’s significance in the context of Deep C. In the early 2010s, John Lopez testified that Mitchell was one of the leaders of Deep C. When Lopez testified before the Grand Jury in October 2012, there had been several gang related shootings and murders in Richmond between Deep C and its rivals including North Richmond.
In the decade that followed, several other people who appeared in videos with Laz were murdered. The fact that rap music and Laz Tha Boy were in the center of much of this violence was evident to law enforcement.
Reinforcing the authors’ lack of fact finding into the Laz Tha Boy case, Andrea Dennis testified about Mitchell’s case during a December 2021 Racial Justice Act post-conviction hearing for Gary Bryant Jr., an African American male convicted of a 2014 homicide in Antioch. Dennis characterized the evidentiary case against Mitchell as “weak” and asserted that law enforcement substituted rap lyrics to compensate—a dishonest and intellectually lazy summation of the facts.
It cannot be overlooked that Mitchell pleaded guilty to assault with a firearm. He was also represented by John Hamasaki, an experienced private practice defense attorney he had retained, and not a public defender. His Paper Commitment meant that he avoided going to State prison. And there were other witnesses, not just the victim.
A better explanation for Laz’s case was that the District Attorney’s Office was going to have a hard time proving a charge such as attempted murder beyond a reasonable doubt—particularly when the victim had some serious baggage—but would be able to prove a lesser charge such as assault with a firearm. Laz was released from custody on November 5, 2014. Some might argue that things could have worked out much less favorably for Laz.
The Real Story
The entire 432-page Grand Jury transcript revealed the events that took place in the closing days of December 2011 and September 2, 2012.
Anthony Terry Sr., 45, was sick and tired of his elderly parents’ house in Antioch getting shot up by gangsters from Richmond. Terry Sr. had grown up in Richmond and at one point lived above Owen’s Barber Shop in South Richmond. He knew all about Deep C.
Terry Sr.’s parents owned a 7-bedroom home in the southern portion of Antioch. The south end of the Yoc is the newer, safer part and in some ways resembles Orange County, with its wide boulevards, large floor plans, and Home Owner Association-owned improvements. Terry Sr.’s mother was afflicted with dementia, and he was concerned with her well-being. Terry Sr., his son Anthony ‘Mumu’ Terry Jr., his sister Rachel Terry, and his nephew Shawn Rogers stayed there on a regular basis, although he testified that he officially resided in West Oakland.
Terry Jr. and Rogers were affiliated with or associates of the Maine Line Boys, a South Richmond gang whose territory bumped up against Deep C’s. Maine Line and Deep C are rivals. At some point prior to December 2011, Terry Jr. and Rogers were robbed of jewelry, including a gold necklace by Deep C members. Then rap videos appeared on YouTube showing people flashing the stolen jewelry. The same videos that Laz appeared in.
Terry Sr. told the Grand Jury that he and Rogers were examining the motor mount on a red 1995 Chevrolet Camaro parked in the driveway one night in late December 2011. Laz and Darnell ‘Slim’ Hollister pulled up along the curb in a white Volkswagen sedan. Terry Sr. was aware the vehicle was Laz’s girlfriend’s ride. Slim opened fire with a pistol. Terry Sr. recognized both men from the barber shop he used to live above. Rogers, who was shot in the arm, had known Hollister from a stint at the Byron Boy’s Ranch as a youth. Terry Sr., who was shot in the foot, did not report the incident to the police. In fact, Terry Sr. helped conceal the crime by picking up four shell casings from the street.
On September 2, 2012, Terry Sr. was sitting in the front passenger seat of the same red Camaro, which was parked on-street in front of the house, getting ready to smoke cannabis. He had just replaced the motor and was “hooking up the music.” It was night and it was dark. Laz and Sam Bernstine walked up and asked him “Where MuMu at?” Bernstine pulled out a pistol, pointed it to within a foot of Terry Sr.’s face and inquired “Where the n***a at? You his daddy?” Terry Sr. removed his hat to reveal his white hair and said, “I’m old. I’m out here working on the car.” Laz confirmed that Terry Sr. was not the person they were looking for to Bernstine.
At this point, a car drove by, prompting Bernstine to conceal his gun. Laz and Bernstine began walking away. Terry Sr. testified that Bernstine turned around, yelled “Fuck that shit,” and opened fire. Terry Sr. estimated Bernstine fired eight or nine rounds. Terry Sr. was hit in the upper right chest. His sister Rachel Terry drove him to the hospital. Along the way, the Antioch Police attempted to stop the car; however, upon realizing Terry Sr. was wounded, the police gave the vehicle an escort to the Kaiser Medical Center on Deer Valley Road.
Having been shot twice in front of his parent’s house in the span of 8 months, Terry Sr. had enough and cooperated with law enforcement. Antioch Police Detective James Stenger told the Grand Jury that Terry Sr. was in fear of his safety. Stenger showed Terry Sr. a photo lineup and he positively ID’d Bernstine.
Antioch Police located two witnesses to the September 2 shooting. One said she observed only a single individual fleeing the scene. The other said he heard two loud gunshots followed by four-to-six gunshots from a smaller caliber weapon. Defense attorney John Hamasaki contended that was indicative of Terry Sr. returning fire. Another interpretation would be a second shooter firing at Terry Sr.
Prosecutor Satish Jallepalli disclosed Terry Sr.’s arrest and convictions to the Grand Jury: arrest for gun possession and possession of stolen property (1986); arrest for robbery and conviction for felony grand theft (1987); arrest for resisting arrest, battery, and recklessly evading an officer and conviction for misdemeanor resisting arrest and reckless evading of an officer (1992); arrest and conviction for misdemeanor resisting arrest (1992); arrest for robbery (1992); arrest for possession of stolen property and gun possession (1994); arrest for recklessly evading an officer (1995); arrest for gun possession (1995); arrest and conviction for DUI (1999); arrest for vandalism (2002); arrest for theft (2002); arrest for possession of controlled substances (2002); arrest for arson (2003); arrest and conviction for theft (2004); arrest for DUI, recklessly evading, and reckless driving (2006); arrest for gun possession and possession of stolen property (2008); and arrest for robbery (2012). As Terry Sr.’s record shows, contrary to what one is led to believe by certain media outlets and activist types, suspects of all shapes, sizes, and colors end up getting the benefit of the doubt more often than not from the criminal justice system.
To say that Terry Sr. wasn’t the most poised witness would be an understatement. He was asked several times by Jallepalli and Grand Jurors to keep his voice up. Terry Sr. told the Grand Jury that he thought Laz’s real name was Demetrius Walters, then Andre Spears, then Demetrius Spears, and finally Deandre Spears. The following line of questioning didn’t help either.
Jallepalli: What’s your nephew’s name?
Terry Sr.: Shawn Rogers.
Jallepalli: And how do you spell “Shawn”?
Terry Sr.: Shit, I don’t know how they spell that. S-H-A-N something it’s S-H, though, I know.
Despite Terry Sr.’s shortcomings as a witness, Jallepalli obtained a True Bill from at least 12 members of the Grand Jury against Mitchell, Hollister, and Bernstine for attempted murder, shooting into an occupied vehicle, assault with a firearm, with firearm and gang enhancements on all charges. Hollister was also indicted for being a felon in possession of a firearm.
Jallepalli requested bail in the amount of $1.4 million for Hollister, $2.2 million for Bernstine, and $3.6 million for Mitchell—staggering amounts for a non-fatal incident. Where Andrea Dennis and Erik Nielson got the $6 million bail amount for Mitchell they cited in their book is unclear. However, if one erroneously summed Bernstine’s and Mitchell’s bail amounts, it would add up to $5.8 million, which could be rounded up to $6 million. Or perhaps they just made it up.
It’s safe to say that Jallepalli didn’t have an airtight case. The Terrys had some significant credibility issues and had concealed evidence. That being said, a prosecutor doesn’t need to lay out the entire case to the Grand Jury; he just needs to show them enough to make them believe he can likely prove his case at trial.
The YouTube videos shown to the Grand Jury were done for the purpose of providing background and context about Deep C for the gang enhancements; they were not used to prove that Mitchell, Hollister, and Bernstine were involved in the shootings of Terry Sr. and Rogers. Moreover, it was impeccable evidence, as it was a recorded self-admission by Laz of his ties to Deep C. Obtaining a True Bill for those charges was a foregone conclusion.
In final analysis, Laz wasn’t going to get the benefit of the doubt. It was too much of a coincidence that a guy rapping about murking his enemies with full auto pistols and extended magazine clips found himself accused of shooting at a perceived rival. It was apparent to law enforcement that the rappers that appeared in Laz’s videos were being murdered or accused of violence. Arguably, the most perilous place in Contra Costa County in the early 2010s was to be in one of Laz’s rap videos.
Getting Their Grift On
Like many academics, Andrea Dennis and Erik Neilson have gotten their grift on testifying as expert witnesses. This side hustle can pay nicely ($200 to $300) an hour), and nowadays, many expert witnesses can testify remotely via video chat; no travel necessary. And invariably, these so-called experts bring up Alan Jackson’s 2004 paper with the line about how “prosecutors can invade and exploit the defendant’s true personality” by introducing his rap lyrics as evidence.