Recommendations of the Editorial team
Despite massive support from rappers, scientists and lawyers – and a new confession from his cousin in the double murder case in which both were convicted – 37-year-old James Broadnax was executed by lethal injection at the Texas State Penitentiary on Thursday evening. The death penalty was imposed on him, among other things, because of rap lyrics, which he had written as a teenager.
In 2008, Broadnax and his cousin Demarius Cummings, both under the influence of PCP-laced weed, drove to Garland, Texas, to steal a car. Their target: Christian music producers Stephen Swan, 26, and Matthew Butler, 28, who were shot in the fracas. The two cousins stole Swan’s Crown Victoria and were arrested 170 miles away. Broadnax confessed to the murders at the time and, still intoxicated, gave two curse-filled interviews to local news stations in which he bragged about the deeds. He was found guilty of double murder. During the sentencing phase, his lawyers then used rap lyrics found in Broadnax’s car to suggest to the jury that he was violent by nature and would kill again at the first opportunity. Broadnax was sentenced to death.
However, in March, Cummings – who is serving a life sentence – came forward and confessed to the murders. He explained that his cousin took the blame because he had a less extensive criminal record. (As stated at trial, only Cummings’ DNA was found on a murder weapon and on one of the victims.) Broadnax’s legal team also argues that Broadnax was suicidal at the time of the crime – he had been abused as a child – and was indifferent to whether he lived or died.
Rappers and lawyers fight for Broadnax
In recent months, Broadnax’s legal team launched a major campaign to save him from execution. In addition to Cummings’ confession submitted to the Supreme Court, they also filed briefs asking the justices to consider the racial makeup of the predominantly white jury that found Broadnax guilty and the use of rap lyrics in sentencing. A number of rappers, including Killer Mike and Travis Scott, participated in the submissions regarding the lyrics, arguing that art should not be used as evidence in court.
As Killer Mike wrote in a recent op-ed for Vibe: “Across the country, police and prosecutors are increasingly turning to rap lyrics at every stage of the criminal justice process – to initiate investigations, charge suspects, obtain indictments, secure convictions, and seek harsh sentences, including the death penalty. No other form of fiction – musical or otherwise – is so targeted in the criminal justice system. Unsurprisingly, the defendants in these cases are overwhelmingly young black men and women Latino men.”
This week, the Supreme Court rejected all appeals, finding that Broadnax never recanted his confession; As proof of his guilt, the court pointed to the offensive interviews he gave at the time of the murders. Additionally, the court said Broadnax’s allegations of racial bias in the jury had already been dismissed multiple times at both the state and federal levels. “By waiting until the last minute to assert his claims, Broadnax fails to meet the necessary requirements to warrant intervention by the federal courts,” the decision states. “As set forth below, Broadnax’s claims could have been made since the trial or before. Furthermore, nearly eighteen years have passed since Broadnax killed his victims.” The court also left the objection to the rap lyrics unexamined.