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R. Kelly’s attorney on Monday (Mar. 18) urged a federal appeals court to overturn the singer’s sexual abuse convictions, warning that the case against Kelly stretched federal racketeering laws “to the point of absurdity” and could potentially turn college fraternities into illegal conspiracies.
At a hearing before the Court of Appeals for the Second Circuit, lawyer Jennifer Bonjean told a panel of judges that Kelly’s employees had just been “unwitting” staffers performing “anodyne” tasks for a famous person, not a group with a criminal “purpose” like the Mafia or a drug cartel.
Seeking to reverse Kelly’s conviction under the federal RICO law (Racketeer Influenced and Corrupt Organizations Act), Bonjean accused prosecutors of using that law in a “preposterous” new way.
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“The government has extended the RICO statute to a set of circumstances that is so beyond what the framers intended, which was to get at organized crime,” Bonjean said. “Now, we’re talking about an organization with an alleged criminal, but not organized crime.”
After decades of accusations of sexual misconduct, Kelly was convicted in September 2021 on nine RICO counts related to accusations that the singer had orchestrated a long-running scheme to recruit and abuse women and underage girls. In 2022, he was sentenced to 30 years in prison.
At Monday’s hearing, Bonjean repeatedly told the judges that the government had failed to prove that members of Kelly’s organization knew crimes were being committed, meaning the RICO law didn’t apply. She said, for instance, that staffers didn’t know any of the women were underage.
But Assistant U.S. Attorney Kayla Crews Bensing, arguing back for the government, sharply rejected that claim: “The defendant had a system in place that lured young people into his orbit and then took over their lives,” she told the judges.
Bensing pointed to specific evidence that members of Kelly’s organization had been aware of the organization’s ill intent. She cited testimony that one victim had been approached by a member of Kelly’s entourage at a McDonalds, that she told him that she was only 16 years old and that he had then given her Kelly’s number and told her to call him. Another Kelly employee testified that he had answered phones for “Kelly’s girlfriends,” Bensing said, some of whom he identified as “mid-aged teenagers.”
“This is all evidence that the jury was entitled to infer that Kelly’s inner circle knew what was going on: that he was recruiting and maintaining underage women for sexual activity,” Bensing said.
Kelly faces long odds in his battle to topple his conviction, as federal appeals courts only overturn a small percentage of the convictions that are appealed each year. But Bonjean has had success in such cases in the past, most notably winning a 2021 ruling that overturned Bill Cosby’s 2018 sex assault conviction.
Following Monday’s arguments, the court will issue a ruling in the coming months.
Like in many appeals, large parts of Monday’s hearing were spent wrangling over in-the-weeds legal issues, like whether a single sexual act could fit the definition of “forced labor” under federal law, or whether Bonjean even had a procedurally proper way to fight her appeal since Kelly’s previous attorneys had failed to challenge the instructions given to the jury at trial.
On her main point about whether RICO requires an illicit “purpose,” Bonjean repeatedly faced pushback from the judges. The judges pointed out on multiple occasions that there is no written requirement that the law only be used against outright criminal organizations, and one judge specifically noted that labor unions had been repeatedly charged with violating RICO.
“RICO is looking at organizations, that are then used to commit criminal acts,” Judge Denny Chin said. “It doesn’t have to be a criminal organization. It could be a completely legitimate organization. But if it engages in racketeering activity, it violates RICO.”
But Bonjean remained adamant, arguing that the statute could not be brought to bear against an organization like Kelly’s, which she said merely had the purpose of promoting his musical career and personal brand.
“This was not a collection of people who had a purpose to recruit girls for sexual abuse,” Bonjean said. “Whether they turned a blind eye, whether some of them suspected that some of these girls were underage, that’s a whole different matter.”
“Once we get into that sort of territory, where we’re going say that that constitutes a RICO enterprise, we have a lot of organizations, we have a lot of frat houses, we have all types of organizations that are now going to become RICO enterprises,” Bonjean added.
Pushing the point further, Bonjean said that such an approach would have allowed federal prosecutors to charge infamous Ponzi scheme perpetraor Bernie Madoff with RICO violations rather than the slew of fraud charges he actually faced. At that point, Judge Richard J. Sullivan cut in.
“Well, he got 150 years,” Sullivan said. “I don’t think that it mattered.”
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One of Cardi B’s friends will have to spend some time in jail. Star Brim has just been sentenced in her RICO case.
Per the United States Department Of Justice (DOJ) the woman born Yonette Respass pleaded guilty to involvement in criminal activity relating to the 59 Brims; an alleged subset of the Bloods. The gang reportedly carried out various crimes including assault, racketeering, firearm offenses, distribution of narcotics and murder. According to the DOJ, Star Brim served as the gang’s highest-ranking female member and not only directly participated in the ongoing conspiracy, but also ordered the slashing of an unnamed individual.
The original indictment was made back in February 2020. At the time of the announcement, NYPD Commissioner Dermot Shea made it clear that this was a collaborative effort between local New York City police and federal authorities.
“Targeting and dismantling gangs and crews, and preventing the violence so often associated with their illegal activities, continues to be one of our highest priorities. By using precision policing we are targeting the small percentage of people responsible for committing much of the violence in New York, and making the safest large city in America even safer. I’d like to thank our law enforcement partners for their efforts in helping us achieve this goal.”
Star Brim has been sentenced to one year and one day behind bars and three years of supervised release. Seventeen other individuals connected to the 59 Brims also were charged.
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Trontavious Stephens, a co-founder of YSL, took the stand in the ongoing RICO trial where Young Thug and his co-defendants hope to disassociate themselves from alleged ties to criminal activity. During the 20th day of the trial, Stephens explained Young Thug’s name, gang signs, and more.
As reported by local outlet Fox 5 Atlanta, Trontavious Stephens, 30, was questioned at length by prosecutors looking to land a big win in taking down Thug and his co-defendants over their alleged criminal acts. During the series of cross-examinations spanning days, Stephens, also known as Tick or Slug, discussed his YSL connection, alleged gang connections, and his plea deal.
On Monday (Jan. 22), LeBron James, Snoop Dogg, and other known figures were mentioned for their use of alleged gang signs. The defense raised a counter by saying that the insinuation that these figures are members of gangs or promoting gang culture can be proven.
The defense also played a clip of Snoop Dogg taking the stage at the 2022 Super Bowl Halftime Show where the Long Beach rapper wore a blue bandana, assumed to be a reference to the Crips gang, along with the rapper’s signature “crip walk” and their side says that does not prove true affiliation. The defense showed Serena Williams doing the same dance in an earlier portion of the trial.
Stephens also hammered home to the prosecution that the “Thug” in Young Thug’s stage name stands for “Truly Humble Under God,” a point raised earlier in the trial. The trial was to resume on Wednesday (Jan. 24) but as Fox 5 Atlanta reports, the trial was halted for reasons not known to the public.
A recording of the trial can be seen below, along with reactions from X, formerly Twitter.
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Shannon Stillwell, a defendant in the YSL RICO trial, was stabbed multiple times in Fulton County Jail with reports going wide that the trial would be delayed. The jury in the trial was dismissed early on Monday (December 10) in connection to the stabbing incident.
FOX 5 Atlanta reports that Shannon Stillwell, also known as Shannon Brown or “SB,” was stabbed by inmate Willie Brown several times after the pair got into a fight. Officials are unaware of what started the fight but what has come out is that Brown is in jail for several violent crimes, including murder, and is being held without bond.
Stillwell is one of five defendants connected to the murder of Donovan Thomas Jr., who was shot and killed in 2015. Thomas was believed to be part of a rival gang to YSL with prosecutors claiming Young Thug rented the vehicle used for the drive-by shooting that also left a teen boy harmed.
According to reports, Stillwell is said to be in stable condition and his attorney assured that their side will not look for a delay in the trial as his client recovers.
“Out of respect for Shannon’s privacy, I will not go into specifics about his health other than to say that I was happy to be able to see him and converse with him this afternoon,” the attorney said. “I encouraged him to rest, as he will need to be strong as we continue to fight the false allegations contained in the RICO indictment. We have never and will not be asking for a delay in this trial, but also recognize that the doctors will let us know what is best for Shannon in the immediate future. I hope to reunite Shannon with his family and loved ones in short order.”
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Young Thug and his legal team delivered opening statements on Tuesday (November 28), with an attorney telling the court that the rapper’s lyrics are not evidence of crimes. Instead, the lawyer argued that the music told stories about the rough upbringing Young Thug experienced in the streets of Atlanta and not that of an assumed crime lord.
The RICO trial brought by the state of Georgia against Young Thug and over two dozeon other defendants connected to the alleged street operation YSL opened on Monday (November 27) with prosecutors stating that the rapper, born Jeffrey Williams, was the mastermind of a criminal organization.
As seen in the Atlanta Journal-Constitution, attorney Brian Steel pushed back at the assertion that Thug’s success was tied to street crimes instead of his successful music career. Framing Thug’s humble upbringing in an Atlanta housing project as one of 11 children, Steel says that the music the rapper would go on to make was nothing more than him unpacking the things he saw as a young person.
Steel’s statements contrasted with those made by Fulton County’s chief deputy district attorney, Adriane Love, who referred to Young Thug under another name: King Slime. Love stated that as King Slime, Thug directed the YSL gang that, quote, “moved like a pack” under his leadership.
Judge Ural Glanville granted prosecutors passage to use 17 sets of lyrics from Thug in the trial to prove their case. Steel argues that the use of the lyrics is nothing more than artistic expression and a violation of free speech.
On X, formerly Twitter, fans are reacting to Young Thug and his current ordeal. Check out those replies below.
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Young Thug’s attorney told jurors Tuesday (Nov. 28) that his client was “born into a society filled with despair” and merely rapped about violent crime because “these are the stories he knew” — and that prosecutors had cherry-picked lyrics that matched the crimes they hoped to pin against him.
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A day after Atlanta prosecutors kicked off the artist’s racketeering trial by accusing Thug (Jeffery Williams) of running a criminal street gang that operated like a “pack” of wolves, his attorney, Brian Steel, responded by telling the jury that the rapper “doesn’t even know most of the people in this indictment” and had no reason to run a criminal organization.
“He’s not sitting there telling people to kill people,” Steel said. “He doesn’t need their money. Jeffery is worth tens of millions of dollars.”
In addition to refuting each of the alleged “overt acts” that form the basis for the RICO case against Thug, Steel defended his client’s First Amendment right to rap about the dangerous conditions he faced growing up in Atlanta’s Cleveland Avenue neighborhood.
“Yes, he speaks about ‘killing 12’ and people being shot and drugs and drive-by shootings,” Steel said, referring to a phrase that allegedly refers to murdering police. “This is the environment he grew up in. These are the people he knew, these are the stories he knew. These are the words he rhymed.”
“This is art,” Steel added. “This is freedom of speech.”
Thug (Jeffery Williams) was indicted last year on accusations that his “YSL” was not really a record label/music collective called “Young Stoner Life,” but a violent Atlanta gang called “Young Slime Life” that committed murders, carjackings, drug dealing and other crimes over the course of a decade.
Along with other charges, Thug stands accused of violating Georgia’s Racketeer Influenced and Corrupt Organizations Act, a law based on the more famous federal RICO statute that’s been used to target the mafia, drug cartels and other forms of organized crime. If convicted on all eight of his counts, Thug faces decades in prison.
Go read an explainer of the YSL case here, including a full breakdown of the charges and a deep-dive into the background of the accusations.
Throughout his opening statements Tuesday, Steel told a story of a young, impoverished kid whose disdain for police and the justice system stemmed from real-life instances of neglect and mistreatment. Steel said Thug had watched presumably innocent people face serious consequences after “snitches” told lies to them, and had witnessed his mother be handcuffed after his brother had been shot. During that incident, Steel said Thug had watched police place a sheet over his brother’s face despite the fact that he was still breathing.
Describing his client as a malnourished child with rotted teeth, Steel said Thug had turned to rap as a way out of poverty. He “idolized” rappers Lil Wayne and 2Pac, the attorney told jurors, and even took his stage name from the latter’s 1995 song with Smooth titled “P.Y.T (Playa Young Thugs).” Steel said the stage name wasn’t intended to be menacing but is, instead, an acronym for ‘truly humbled under God.’
Steel spent a majority of his more than two hours of opening statements going through each of the individual charges and “overt acts” — the small actions that make up a RICO charge.
One of those alleged acts is that Young Thug rented a 2014 Silver Infiniti Q50 sedan that was allegedly used during the murder of a rival gang leader, Donovan Thomas, in 2015. But Steel denied that Thug had any involvement in the killing, saying he had regularly rented cars for friends and had been “sad” to learn of Thomas’ death.
Steel frequently criticized the use of rap lyrics as evidence — a controversial prosecutorial tactic that has drawn criticism in recent years. During Monday’s opening statements, for instance, prosecutors told jurors that a particular Thug lyric — “hundred rounds in a Tahoe” from the song “Slime Shit” — referred to Donovan’s killing in a Chevy Tahoe. But Steel disputed that argument, saying Thug rapped about various cars often and there was “no evidence of when that lyric was even created.”
At other points Tuesday, Steel repeatedly questioned the trustworthiness of Kenneth Copeland, a former YSL member who made headlines earlier this year when a video leaked showing him talking with police investigators. The attorney described Copeland as a “leech” and “snitch” who had lied to investigators to avoid facing his own criminal charges.
Copeland is listed as a prosecution witness in the case, and Steel’s statements — which suggested that Copeland could have actually committed some of the crimes in the indictment — indicate he believes Copeland could be a key witness for the other side.
Several of the alleged acts refuted by Steel involved riffs or interactions with other rappers, including the allegation that YSL affiliates had once fired gunshots at rapper Lil Wayne’s tour bus in service of Young Thug.
During his statements, Steel acknowledged that Thug had recorded a video about Wayne’s Atlanta appearance that showed him surrounded by people with guns. But he said Thug had been told to create the video by his management for entertainment reasons because such a beef “creates interest in fans.”
Steel also noted Thug’s publicized disputes with YFN Lucci. The attorney described Lucci as a less successful rapper who used Thug’s name for clout, including claiming to have sex with Thug’s fiancé. Steel asked the jury if the leader of a criminal street gang would’ve let that go unscathed for so long.
Thug’s attorney also alluded to Lil Uzi Vert, accusing prosecutors of misrepresenting text messages to make it appear that Thug was threatening the fellow rapper’s life when he wrote “YSL Rule the world kid. 24m on a nigga head…” Steel said the text was not a bounty but rather an innocuous reference to Vert’s highly-publicized decision to have a $24 million diamond implanted in his forehead.
The YSL trial will continue Wednesday with more opening statements from attorneys for the other five defendants (Marquavius Huey, Deamonte “Yak Gotti” Kendrick, Quamarvious Nichols, Rodalius Ryan and Shannon Stillwell). Once openers conclude, the district attorney’s office will begin presenting its case and calling witnesses – a process that could last months.
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Young Thug and his associates will finally have their chance in court. The opening statements for the YSL RICO trial began today.
Raw Story is reporting that the much anticipated federal trial regarding Young Thug allegedly running an organized criminal empire commenced today. According to CNN the prosecutor immediately came out swinging and portrayed YSL as a miniature mafia. “YSL operated as a pact,” said Fulton County Chief Deputy District Attorney Adriane Love, and claimed Young Thug was “King Slime.” She went on to further detail their supposed operation. “They created a crater in the middle of Fulton County’s Cleveland Avenue community that sucked in the youth, the innocence and even the lives of some of its youngest members,” she added. The prosecutor also says the “Ski” rapper made sure to not have direct dealings with his team when it came to executing his criminal requests saying Thug “knew that he needed to have distance between himself and the crimes members and associates of YSL were committing on behalf of the gang.”
The road to get this case in front of a judge has been a long one. The man born Jeffery Williams and several members of his team were booked by federal authorities on varying charges related to racketeering, theft, distribution of narcotics and criminal conspiracy to name a few. On May 9, 20222 Young Thug and Gunna were among the 28 members of Young Stoner Life who were in a 56-count Georgia RICO. Since then bringing it to trial has been marred by a host of problems including a jury selection that almost took 10 months and a co-defendant who allegedly tried to pass Young Thug a pill of Percocet.
If found guilty Young Thug could face five to 20 years in prison if found guilty.
Atlanta prosecutors accused chart-topping rapper Young Thug of running a criminal street gang that operated like a “pack” of wolves during opening statements of the artist’s high-profile racketeering trial on Monday (Nov. 27).
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Kicking off a complex trial that is expected to last as long as a year, Fulton County Chief Deputy District Attorney Adriane Love read a passage from Rudyard Kipling’s The Jungle Book about wolf packs — and said that Thug’s gang had similarly “operated as a pack.”
“For ten years and counting, the group calling itself ‘Young Slime Life’ dominated the Cleveland Avenue community,” Love told the jury. “They created a crater … that sucked in the youth and innocence and even the lives of some its youngest members.”
Love repeatedly referred to Thug as “King Slime” and portrayed him as the clear leader of the gang: “The evidence will show that the members of YSL knew who their leader was, and they knew the repercussions of not obeying him.”
In an indictment unveiled last year, Fulton County prosecutors alleged that Thug (Jeffery Williams) and his “YSL” were not really a popular music collective called “Young Stoner Life,” but a violent Atlanta gang called “Young Slime Life” that committed murders, carjackings, drug dealing and other crimes over the course of a decade.
Along with other charges, Thug is accused of violating Georgia’s Racketeer Influenced and Corrupt Organizations Act, a law based on the more famous federal RICO statute that’s been used to target the mafia, drug cartels and other forms of organized crime. If convicted on all eight of his counts, Thug faces decades in prison.
Go read an explainer of the YSL case here, including a full breakdown of the legal charges and a deep-dive into the background of the accusations.
After months of slow-moving jury selection, Monday morning was set to finally mark the start of the trial for Thug and five remaining alleged members of his gang. But the start of the hearing was delayed for an hour over a missing juror; then, just minutes into Love’s statements, the case was bogged down in objections, forcing Judge Ural Glanville to clear the jury from the courtroom.
Defense attorneys first claimed that Love was “burden shifting” in her explanation of the case to jurors – meaning she was wrongly making it appear that the defendants would need to prove that they were innocent. Thug’s lawyer, Brian Steel, then moved for a mistrial after he claimed that Love had shown jurors evidence that had already been explicitly banned from the case. Glanville later denied that request but admonished the state for how it had prepared its opening statements.
Eventually, after a lunch break and extended disputes among counsel for both sides, jurors returned to the courtroom for opening statements to continue throughout the afternoon.
This is a developing story and will be updated later today with more information from Monday’s hearing.
At the end of 2021, Young Thug was one of hip-hop’s biggest rising stars: a critically-adored rapper with three chart-topping hits, three-chart topping albums, a Grammy award for song of the year and his own record label (YSL, short for Young Stoner Life) under Warner Music’s 300 Entertainment.
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Two years later, Thug (real name Jeffery Williams) is set to face a grueling trial starting Monday (Nov. 27) over allegations he ran a violent Atlanta street gang that committed murders, carjackings and many other crimes over the course of a decade — charges that, if proven, could send him to prison for decades.
Fulton County District Attorney Fani Willis, whose office is prosecuting the case, has said that YSL wrought “havoc” on the Atlanta area for nearly a decade: “It does not matter what your notoriety is, what your fame is,” Willis said hours after the superstar rapper was first arrested. Thug’s lawyer, Brian Steel, says he is innocent: “Mr. Williams committed no crime whatsoever.”
The YSL case pits prosecutors in America’s rap capital against one of the country’s biggest hip-hop artists, making it one of the music industry’s most closely-watched criminal cases in years. To get you up to speed before the trial, Billboard is explaining the YSL case: How did we get here? What exactly is this case about? And what comes next? Here’s everything you need to know.
What’s Young Thug accused of doing?
In May 2022, Willis unveiled a 56-count indictment against Thug and 27 other alleged members of YSL — an entity that she says is not really a record label called “Young Stoner Life,” but actually a violent Atlanta gang called “Young Slime Life” that’s affiliated with the national Bloods gang.
The case claims that since 2012, YSL members have committed a wide range of criminal wrongdoing centered on the Cleveland Avenue area of Atlanta, including murder, assault, robbery, theft, illegal gun possession, illegal drug possession and sales, and more. And prosecutors say that Thug was the clear leader of the organization — they’ve called him “King Slime — who “made YSL a well-known name” by “referring to it in his songs.”
In addition to Thug, the charges also targeted his star protégé Sergio “Gunna” Kitchens, as well as Deamonte “Yak Gotti” Kendrick, Arnold “Lil Duke” Martinez, Thug’s brother Quantavious “Unfoonk” Grier and many others.
The case is built on Georgia’s Racketeer Influenced and Corrupt Organizations Act, a law based on the more famous federal RICO statute that’s been used to target the mafia, drug cartels and other forms of organized crime. Such racketeering laws make it easier for prosecutors to sweep up members of an alleged criminal enterprise based on many individual actions.
Some of the most serious accusations in the indictment center on the 2015 killing of Donovan “Big Nut” Thomas Jr., who prosecutors say ran a rival gang in Atlanta. Five YSL members are directly charged with the murder, while Thug himself is accused of renting the car that was used to commit the killing.
Prosecutors also say other members looked to Thug for leadership on serious crimes. In one allegation, the indictment claims that two other YSL members discussed “how to obtain permission” from the rapper before attempting to murder rival rapper YFN Lucci (Rayshawn Bennett) while he was in jail.
After an updated, 65-count indictment was filed August 2022, the star himself is now facing eight counts, including one count of participating in the RICO conspiracy; one count of participating in a criminal street gang; three counts of violating the Georgia Controlled Substances Act; one count of possession of a firearm while committing a felony; and one count of possession of a machine gun.
Go read the full indictment here.
What happened to Gunna?
In the 18 months since the YSL indictment was first handed down, many of the original 28 defendants have either accepted plea deals or been separated from the case for procedural reasons, leaving only six defendants to face trial this week. Just weeks ago, for instance, Derontae “Bee” Bebee pleaded guilty and was sentenced to five years in prison.
The biggest plea came from Gunna, a critically-acclaimed YSL artist who has frequently been described as Young Thug’s protégé. Last December, he took a so-called Alford plea — a legal maneuver that allows a defendant to enter a formal admission of guilt while still maintaining their innocence. The deal made sense: Gunna had been charged in only one count of the indictment and faced far less serious accusations, mostly centered on his participation in music and social media that promoted YSL.
At the time, Gunna stressed that he had not agreed to work with prosecutors to convict Young Thug or any of the other defendants, and had “absolutely NO intention of being involved in the trial process in any way.” But at the court hearing where he entered the plea deal, Gunna publicly acknowledged that YSL was both “a music label and a gang,” and that he had “personal knowledge that members or associates of YSL have committed crimes and in furtherance of the gang.”
That has led to some backlash for the rapper, but true to his word, Gunna is not expected to testify at the upcoming trial. Citing an anonymous source, Rolling Stone reported in December that an understanding had been reached that “the state is not going to call him as a witness.” And if he were called, he would still be entitled to exercise his Fifth Amendment right to avoid answering questions.
Why are rap lyrics being cited in court?
The YSL case is one of the most prominent examples of prosecutors using lyrics as evidence against the artists who wrote them — a controversial practice that has drawn backlash from civil liberties activists, defense attorneys and, increasingly, the music industry.
Critics say the use of lyrics as evidence unfairly treats rap as a literal confession rather than a work of creative expression, potentially violating the First Amendment. Even worse, they say rap can have a prejudicial effect on jurors, tapping into existing biases toward young Black men and helping prosecutors win convictions where more concrete evidence is lacking.
California recently enacted first-of-its-kind legislation restricting the practice, and Democrats in Congress have proposed a bill that would do the same in federal cases — an effort supported by major music industry groups. But in the absence of such laws, courts around the country have mostly upheld the right of prosecutors to cite rap lyrics, particularly in gang-related cases.
For her part, the Fulton County District Attorney has offered no apologies: “If you decide to admit your crimes over a beat, I’m gonna use it,” Willis said last year. “I have some legal advice: don’t confess to crimes on rap lyrics if you do not want them used, or at least get out of my county.”
At a climactic pre-trial hearing earlier this month, Thug’s lawyer blasted prosecutors for attempting to use creative expression to convict his client. “They are targeting the right to free speech, and that’s wrong,” he said. “They are saying that just because he his singing about it, he is now part of a crime.”
Prosecutors argued back that lyrics were “proclamations of violence” by alleged gang members, making them “highly relevant” to proving that YSL was an illegal criminal enterprise. “The issue here is not rap,” one Fulton County attorney argued. “This is not randomly the state attempting to bring in Run DMC from the ’80s. This is specific. These are party admissions. They just happen come in the form of lyrics.”
In the end, Judge Ural Glanville sided with prosecutors and allowed the lyrics to be used in the case, repeatedly telling Thug’s lawyer that “the First Amendment is not on trial” in the case. “They’re not prosecuting your clients because of the songs they wrote,” Glanville said. “They’re using the songs to prove other things your clients may have been involved in. I don’t think it’s an attack on free speech.”
Go read the full list of lyrics that could be cited in the case here.
What took so long to get to trial?
The case against YSL is almost unfathomably complex — so much so that it has repeatedly strained the local legal system nearly to its breaking point.
With 28 men originally indicted, finding lawyers for all of them — a constitutional requirement — proved difficult. According to the Atlanta Journal Constitution, prosecutors secured millions in extra funding to bring huge gang cases, but Georgia’s public defense system did not receive equal funding to keep up. That forced the state to contract with numerous private defense attorneys to help cover the YSL case, but even that arrangement nearly fell apart this past spring over inadequate pay.
Jury selection was even harder. With the trial expected to last as long as a year, it proved nearly impossible to find a dozen people who could drop their financial commitments and halt their lives for that long. The selection process started in January with hopes that the trial could kick off in the spring, but it eventually took more than 10 months — by most accounts, the longest ever jury selection in Georgia state history.
Throughout all of that, Young Thug and the other defendants have been sitting in jail. Though Thug’s attorneys argued that he should be placed under house arrest, Judge Glanville repeatedly refused to grant him bond, swayed by arguments from prosecutors that doing so would increase the risk of witness intimidation.
How is Donald Trump involved?
If the words “Fani Willis” and “RICO” sound familiar, they should: She’s using the very same statute to bring an even-higher-profile case against Trump and others over alleged efforts to overturn the 2020 election in Georgia.
Back in August, a Fulton County grand jury in August indicted Trump and 18 others over accusations that they participated in a criminal scheme to try to keep the Republican in the White House after he lost the presidential election to Democrat Joe Biden. Several co-defendants in that case have recently pled guilty to lesser charges, including former Trump lawyers Sidney Powell and Jenna Ellis.
Willis recently proposed an August 2024 trial for the case — a timeline that could mean that both the YSL trial and the Trump trial would be happening simultaneously. Like the YSL case, the DA’s office expects the election trial to last many months.
Trump’s lead attorney, Steve Sadow, represented Gunna in the YSL case and negotiated his plea deal to end his involvement.
What do prosecutors need to prove?
As with all criminal cases, the burden is on prosecutors to prove “beyond a reasonable doubt” that Thug and others did what they’re accused of — meaning jurors must be virtually certain that they’re guilty before they vote to convict.
To prove the core RICO charges, the DA’s office will need to show a “pattern of racketeering activity” by the YSL members — meaning they conspired to run an illegal enterprise, or a “racket.”
Prosecutors will try to do so by detailing more than 150 “acts” that were allegedly carried out “in furtherance of the conspiracy.” Some of those will be what are called “predicates” — meaning actions that would crimes on their own, like the like Donovan murder. But others will merely be “overt acts,” meaning any concrete step that YSL members took to help the illegal enterprise, even if it isn’t a crime on its own. That’s where social media posts and song lyrics come into the case.
Importantly, prosecutors don’t need to show that every defendant knew about every element of YSL’s operations. They only need to prove that each YSL member knew about the conspiracy and agreed to be part of it, and took at least two actions to further it.
RICO is best known for the federal law that was created in the 1970s to target mob bosses who didn’t directly commit crimes themselves. But many states have passed their own versions, and Georgia’s, passed in 1981, is notably broader than the federal version. It has a longer list of crimes that can serve as “predicates,” and it covers shorter-term criminal conspiracies than the federal law.
Willis is very familiar with Georgia’s RICO statute. In addition to using it against YSL and former President Trump, she also recently brought a RICO case against a gang that allegedly robbed the Atlanta homes of celebrities like Mariah Carey.
And back in 2014, when she was an assistant DA, Willis served as lead prosecutor in a RICO case against a group of Atlanta educators over their role in widespread cheating on standardized tests. Following an eight month trial — the longest in Georgia history — Willis secured convictions against 11 of 12 of the teachers.
“The reason that I am a fan of RICO is, I think jurors are very, very intelligent,” Willis told reporters last year. “RICO is a tool that allows a prosecutor’s office and law enforcement to tell the whole story.”
How is the trial going to play out?
Starting first thing on Monday, the six remaining defendants — Thug, Marquavius Huey, Deamonte “Yak Gotti” Kendrick, Quamarvious Nichols, Rodalius Ryan and Shannon Stillwell — will go to trial.
The jury, composed of seven Black women, two white women, two Black men and one white man, will hear opening arguments from both sides, and then the DA’s office will begin calling witnesses. According to a report by Atlanta’s 11Alive, prosecutors said in court earlier this month that their list of potential witnesses includes a stunning 737 names, featuring 258 lay witnesses — regular people who can testify to what they saw — and 479 expert witnesses, who will explain complex issues to jurors.
Eventually, the defendants will get a chance to call their own witnesses. In a recent legal filing, Thug listed among his potential witnesses rappers T.I. (real name Clifford Harris) and Killer Mike (Michael Render), as well as music business executive Lyor Cohen, who co-founded 300 Entertainment. Thug’s attorneys will also call their own expert witnesses to counter the testimony from the government.
If convicted on the RICO charge, the defendants face prison sentences lasting anywhere from five to 20 years. But Thug and others also face separate charges over other specific crimes that, if proven, could add additional prison time to any eventual sentence.
An Atlanta judge ruled Thursday that he would allow many of Young Thug’s rap lyrics to be used as evidence against him and other alleged gang members in their upcoming criminal trial, rejecting arguments that doing so would violate the First Amendment.
The ruling came a day after Fulton County Superior Court Judge Ural Glanville held a hotly-anticipated hearing about the use of lyrics as evidence – a controversial practice that has drawn backlash from the music industry and efforts by lawmakers to stop it.
The lyrics could play a key role in the trial, which will kick off later this month. Prosecutors allege that Thug (Jeffery Williams) and his “YSL” were not really a popular music collective called “Young Stoner Life,” but a violent Atlanta gang called “Young Slime Life” that committed murders, carjackings, drug dealing and other crimes over the course of a decade.
Representing the superstar artist, attorney Brian Steel blasted prosecutors for attempting to use creative expression to convict his client. “They are targeting the right to free speech, and that’s wrong,” Steel said. “They are saying that just because he his singing about it, he is now part of a crime.”
But after an hours-long hearing that ran until nearly 9 pm on Wednesday evening, Judge Glanville largely rejected those arguments. “They’re not prosecuting your clients because of the songs they wrote,” Glanville said from the bench. “They’re using the songs to prove other things your clients may have been involved in. I don’t think it’s an attack on free speech.”
In a formal ruling on Thursday morning, the judge denied Thug’s request to ban the lyrics entirely, and granted a motion by prosecutors to preliminarily admit them. Though Judge Glanville said prosecutors would still need to establish why they were using them and that Steel could object during the trial, the judge repeatedly suggested at Wednesday’s hearing that he would allow lyrics to be admitted as evidence and that it would be up to jurors to decide how much weight to give them.
At the hearing, prosecutor Michael Carlson urged Judge Glanville to avoid sweeping questions about free speech. He said the actual issue before the court was not rap lyrics but rather “proclamations of violence” by alleged gang members that are “highly relevant in this case.”
“The issue here is not rap,” Carlson said. “This is not randomly the state attempting to bring in Run DMC from the 80s. This is specific. These are party admissions. They just happen come in the form of lyrics.”
Near the end of the hearing, Carlson sharply criticized the suggestion that the rap lyrics in question were simply works of art without a direct link to real events. “People can look at that indictment and see one thing that’s for sure not fantasy: People are dead. Murdered.”
“That’s not fantasy, your honor,” Carlson said. “That’s tragically real.”
Earlier on Wednesday, prosecutor Symone Hylton highlighted specific lyrics that the state plans to play for jurors during the trial and explained why they were relevant enough to be admitted. They included lines from Thug’s 2016 song “Slime Shit,” in which he raps about “killin’ 12 shit” and “hundred rounds in a Tahoe.”
Hylton argued that “12” is a well-known euphemism for police officers, and that the lyric referred to a specific incident in which an officer was shot by a YSL member. And she said that the “Tahoe” lyric was a boast about the 2015 murder of Donovan Thomas – a key allegation in the indictment.
“Not only did Donovan Thomas drive a Tahoe, there were multiple rounds of shell casings laid out on the ground where he was killed in front of his barber shop,” Hylton said. “While [the lyric] may on the surface seem irrelevant, when you put it to the facts that are going to come out in this case, that particular verse becomes very relevant.”
Among other songs, she also referenced the 2018 track “Anybody,” in which Thug raps “I never killed anybody/ But I got somethin’ to do with that body”; and the song “Really Be Slime,” a 2021 compilation track released by Young Stoner Life Records that features the line “You wanna be slime? Go catch you a body.”
“It’s the state’s contention that [the lyric] means you go out and you go murder someone,” Hylton said. “That’s how you become ‘slime’.”
Young Thug, Gunna and dozens of other alleged YSL members were indicted in May 2022. Gunna and several other defendants eventually reached plea deals, and other defendants were separated from the main case, leaving just Thug and five others to face a jury. If fully convicted, he could face a life sentence.
After months of delays, a jury was finally seated last week, clearing the way for the trial to kick off on Nov. 27 – proceedings that are expected to last well into 2024. But before then, Judge Ural Glanville must decide on whether the jury can hear his lyrics as part of the prosecution’s case.
Civil liberties activists and defense attorneys have long criticized the use of rap lyrics to win criminal convictions. They argue that it unfairly targets constitutionally protected speech, treating hyperbolic verse as literal confessions; they also say it can unfairly sway juries by tapping into racial biases.
Lawmakers in California enacted legislation last year restricting the use of creative expression as evidence in criminal cases, and a federal bill in Congress that would impose similar restrictions has been widely supported by the music industry. But absent such statutes, courts around the country have mostly upheld the right of prosecutors to cite rap lyrics, particularly in gang-related cases.
In his arguments Wednesday, Thug’s lawyer Steel echoed such concerns in pushing to exclude the lyrics from the case. He noted that many other artists had used similar phrases – he name-dropped Rick Ross, Meek Mill and Cardi B — and that rap lyrics are often exaggerated or wholly fictional. Steel argued that individual lyrics should only be admitted when prosecutors have linked them much more specifically to actual alleged actions – an analysis he said the DA’s office had failed to perform.
But Steel’s main message for Judge Glanville was that using the lyrics would violate the First Amendment and its protections for free speech, arguing that it would effectively criminalize the output of a “prolific songwriter.”
“A person in America can say I hate Brian Steel, I hate criminal defense lawyers, I hate prosecutors, I hate judges,” Steel said. “We believe that we flourish when we can share ideas even when they’re repugnant, even when you don’t agree with them.”
“If you allow this evidence,” Steel said, “it’s going to have a chilling effect.”
But Judge Glanville was skeptical of Steel’s arguments from the beginning, repeatedly suggesting that he believed some of the lyrics were relevant enough to be admitted in the case — and occasionally showing frustration with Steel’s arguments to the contrary. At one point, he interrupted Steel to say that “the First Amendment is not on trial.”
Later, Steel said that prosecutors were using Thug’s “words” to convince jurors that he was “a bad man” — the kind of improper “character” evidence that is typically rejected. But Judge Glanville again had a quick retort: “No they’re not. They’re using his words to show that he’s involved in a gang.”