wrote Alan Jackson for the American Prosecutors Research Institute<\/a>. \u201cBut the real defendant is a criminal wearing a do-rag and throwing a gang sign. Gang evidence can take a prosecutor a long way toward introducing that jury to that person.\u201d<\/p>\nAccording to Kuluk, that\u2019s exactly what happened to Bryant: In court, his music videos and Facebook posts were introduced to the jury. He was photographed in a do-rag, and he made a letter \u201cB\u201d with his hands, which prosecutors alleged was a local gang sign.<\/p>\n
The bill before the governor also highlights the role of gang investigators, who tend to be working police officers, academics or retired members of law enforcement.<\/p>\n
In Bryant\u2019s case, his attorney has challenged the prosecution\u2019s use of an officer without academic training in gang investigations working in the department that investigated Bryant\u2019s case. The officer later testified to the lyrics\u2019 so-called meaning, which were contested by the defense.<\/p>\n
Robert Grant III, a former Los Angeles police officer who now does consulting work in gang investigations, said the bill before Newsom would \u201cnarrow\u201d the way gang investigators do their jobs.<\/p>\n
\u201cThe question is really, what is the person rapping about?\u201d Grant said. \u201cIs it literally their participation in gang activities in this incident? Is what the substance is close enough to their actual physical activity?\u201d<\/p>\n
Grant said police officers often are legitimate experts in gang investigations. As beat cops or supervisors, they\u2019re closest to the people they\u2019re investigating, and most familiar with the use and intent of what might be very local slang.<\/p>\n
\u201cDefense attorneys always want to describe us officers as a bunch of knuckle-dragging thugs that just come up with opinions out of our butt,\u201d Grant said. \u201cWe are a lot more intelligent about what we try to do in the field.\u201d<\/p>\n
Bryant\u2019s mother, Denise Holdman, said the image of Bryant conveyed to the jury doesn\u2019t cohere with the real person.<\/p>\n
\u201cThe whole music industry uses violence in their songs, you know?\u201d Holdman said. \u201cBut my son is not violent. Those lyrics don\u2019t portray who he is.\u201d<\/p>\n
Holdman will be in court Sept. 30, when Bryant has a hearing for a new trial.<\/p>\n
Grant, the gang investigator, said proponents of the bill \u201choping gang investigations will be minimized or destroyed\u201d will be disappointed by the outcome.<\/p>\n
\u201cThere\u2019s going to be a lot of people upset when they realize that for me as an expert, I get to use both admissible and inadmissible evidence to describe my opinion,\u201d Grant said, meaning he can still interpret what lyrics or gang signs mean.<\/p>\n
\u201cAs much as they would like for (rap lyrics) to be outside of the consideration for us as experts, I still get to consider it now and I still will.\u201d<\/p>\n
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