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It has now been nearly two years since Atlanta rapper Young Thug was taken into custody in Fulton County. He was but one among the nearly 30 members of his rap collective and record label, YSL, accused of criminal conspiracy and gang activity under the states’ RICO laws.
The high-profile case and its stunning duration (it is set to become the longest in Georgia history) have shed considerable light on the way evidence is gathered, used, and relied on in gang-related cases. From potential witness intimidation to the controversial inclusion of rap lyrics as evidence, the evidence conflicts and problems run deep in Young Thug’s criminal trial as the case continues to drag on.
The case is also a stark example of the importance of evidence-based defense strategies and motions that criminal defense lawyers can bring forward. Criminal cases of all varieties often hinge on evidence rulings, so the lessons coming out of Young Thug’s case are certainly worth understanding for any potential defendants.
But first, what is going on with the YSL case and the evidence under dispute in Young Thug’s trial?
For those who someone missed it the first time around (or forgot over the last two years), the case against Atlanta rapper Jeffery Lamar Williams, aka Young Thug, and multiple members of his record label and rap coterie (and alleged gang, YSL) is something of a landmark in its own right.
Accused of a wide variety of criminal activity and the organizational setup to profit from it, Young Thug’s organization is the target of a vast array of criminal charges by Fulton County district attorney Fani Willis (also in the news for her role in the election interference case against former president Donald Trump).
She argues, essentially, that the brand, rap collective, and record label Young Stoner Life is a cover for Young Slime Life, a criminal gang. Twenty-seven people were charged, including Young Thug. Though many of the other prominent members, such as Gunna, have been released on bail or pleaded out, Young Thug’s bail has been denied three times, and it is unclear how long he will end up spending in jail, especially with all the debacles over evidence in and out of the courtroom.
There is more at stake than just Young Thug’s freedom or gang violence in the YSL case trial in Fulton County. One of the central debates of the initial portion of the trial revolved around the admissibility of rap lyrics as evidence by the prosecution. Indeed, over 10 of the alleged “overt acts” in the YSL case revolve around Young Thug’s rap lyrics.
The use of lyrics in court cases is not entirely new, but rap lyrics, in particular, are being relied on more and more frequently by prosecutors. This has brought cultural and political push-back, however, as lyrics can be argued to be artistic in nature and used to convey personas rather than facts. It is also debatable whether they should be protected by default under the First Amendment as free speech, which several recent laws have tried to argue, including a bill that passed the New York State Senate just a few weeks after Young Thug’s case began.
While the judge in the YSL case, Ural Glanville, ruled that the lyrics were ultimately admissible, this only led to further debate as lawyers argued over what the lyrics meant. Given the subjective nature of artistic expression, this has done little to speed up the case. It is also a stark reminder of the importance of remaining silent in the face of law enforcement accusations.
If police officers and prosecutors won’t shy away from using out-of-context rap lyrics, they certainly will not hesitate to use any statements you make, no matter how you mean them. Remember, always consult with a defense attorney before sharing anything publicly or with law enforcement. If Young Thug and Gunna had had a lawyer go over their lyrics before releasing them, the case against them today might not be so vast.
That said, lyrics are only the contentious tip of the iceberg of evidence in the YSL case against Young Thug; witness testimony remains the bulk of the prosecution’s case. But even that is fraught with problems.
Hundreds of witnesses (Including over 150 or the prosecution alone) are involved in the YSL RICO case against Young Thug and his entourage, brought forward by both sides to validate their perspectives and arguments. Getting them all to testify reliably, however, has been difficult, to say the least.
The threat of witness intimidation was one of the key reasons cited by Judge Glanville when denying Young Thug bail. Nevertheless, both sides in the case have experienced problems with witnesses despite Young Thug being behind bars for the duration of the YSL trial.
Earlier this month, the prosecution was hit with a roadblock over accusations of sexual harassment of a witness by one of their investigators, who later had to be arrested as a material witness to guarantee attendance for the end of her testimony.
Earlier, a YSL associate witness against Young Thug, whose identity was accidentally revealed in a leak in 2022, had to be taken into protective custody.
With witness testimonies expected to run throughout much of the upcoming year and possibly the next one, there is little doubt that such incidents will continue to occur, bogging down the YSL trial and creating problems for both Young Thug and his accusers.
If there is one lesson to be taken away from the debacle in Georgia, it is that gang-trials, any criminal charges really, are only as strong as the evidence supporting them.
While the prosecution may think, and will always argue, that the evidence skews heavily in its favor, a good defense attorney will call into question that evidence at every turn. From the reliability of witness testimony to the methods used to acquire physical evidence or the rights that may have been trampled to obtain it, there are many paths that can be pursued to undermine the prosecution’s evidence.
Only time will tell whether the evidence against Young Thug will be sufficient to convince a jury of his guilt (assuming the jurors do not drop out first!), but most cases will not hinge on such a mountain of evidence, reliable or unreliable as it may be.
When it comes to the vast majority of criminal cases, gang-related or not, a single piece of evidence or its dismissal may be all that is required to swing a case, which is why dynamic and proactive defense attorneys are so vital.
If you or someone you know is facing criminal charges, the complexities of the legal system can be daunting and the stakes incredibly high. Remember, understanding your rights and the intricacies of evidence rules can make a significant difference in the outcome of a case.
Don’t navigate these turbulent waters alone. Reach out to our office today for a consultation that ensures your rights are protected, and your voice is heard. Let us help you turn the tide in your favor with a defense strategy as dynamic and resilient as you deserve. Contact us now to secure your future.