Despite massive support from rappers, scholars, and lawyers — plus a new confession from his cousin in the double-murder case that saw them both convicted — 37-year-old James Broadnax was executed by lethal injection Thursday evening at Texas State Penitentiary. He was given the death penalty in part due to rap lyrics he wrote as a teen.
In 2008, Broadnax and his cousin, Demarius Cummings, both under the influence of PCP-laced weed, traveled to Garland, Texas, to steal a car. They targeted Christian-music producers Stephen Swan, 26, and Matthew Butler, 28, who were shot and killed in the melee. The cousins stole Swan’s Crown Victoria and were arrested 170 miles away. At the time, Broadnax confessed to the murders, and, still high, gave two expletive-laden interviews to local news reporters bragging about the killings. He was found guilty of the double murder. Then, during the sentencing phase, lawyers used rap lyrics found in Broadnax’s car to convince jurors that he had a violent nature and would kill again if given the chance. Broadnax was sentenced to death.
In March, though, Cummings — who is serving life in prison — came forward and confessed to the murders, stating that his cousin had taken the fall because he had a less extensive criminal record. (As presented at trial, only Cummings’ DNA was found on a gun used in the murders and on one of the victims.) Broadnax’s legal team also asserts that Broadnax, who was abused as a child, was suicidal at the time of the murders and didn’t care if he lived or died.
Over the last few months, Broadnax’s legal team launched a full-scale effort to save him from the needle. In addition to bringing Cummings’ confession to the Supreme Court, they also filed briefs urging judges to consider the racial makeup of the mostly-white jury that found Broadnax guilty and the use of rap lyrics in his sentencing. A cadre of rappers, including Killer Mike and Travis Scott, contributed to the rap lyrics filings, arguing that art should not be used in the courtroom.
As Killer Mike wrote in a recent Vibe op-ed: “Across the country, police and prosecutors have increasingly relied on rap lyrics at every stage of the criminal justice process — to open investigations, to charge suspects, to secure indictments, to win convictions, and to argue for severe sentences, including the death penalty. No other fictional form, musical or otherwise, is targeted like this in the criminal justice system. Unsurprisingly, the defendants in these cases are overwhelmingly young Black and Latino men.”
This week, the Supreme Court rejected those appeals, asserting that Broadnax never recanted his confession, and pointing to the offensive interviews he did at the time of the murders as proof of his guilt. The Court also stated that Broadnax’s claims of the jury’s racial prejudice have been rejected several times at both the state and federal level. “By delaying until the last minute to raise his claims, Broadnax fails to make the requisite showing to justify interference by the federal courts,” reads the response. “As shown below, Broadnax’s claims have been available since trial or before. Furthermore, almost eighteen years have passed since Broadnax killed his victims.” The court similarly declined to review the appeal related to lyrics.
