The Cheat Sheet: Raps and Recantations
Murder SheetMarch 08, 2024
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00:39:1035.86 MB

The Cheat Sheet: Raps and Recantations

The Cheat Sheet is The Murder Sheet's segment breaking down weekly news and updates in some of the murder cases we cover.

In this episode we cover some of the recent filings in the Richard Allen case as well as the cases of Morgan Baker and William Franklin.

We relied upon the following sources:

NBC10

https://www.nbcphiladelphia.com/news/local/philly-da-appeals-judges-decision-to-overturn-mans-murder-conviction/3795519/

Philadelphia Inquirer

https://www.inquirer.com/crime/wrongful-conviction-william-franklin-sex-for-lies-homicide-20240305.html

13 WMAZ’s coverage of how police arrested Morgan Baker for murder: https://www.13wmaz.com/article/news/local/man-charged-in-fatal-warner-robins-club-shooting/93-55c2eed3-1f9e-4ea0-9081-50ed7e637eb0

WGXA’s coverage of Baker’s conviction: https://wgxa.tv/news/local/alabama-man-found-guilty-in-2019-fatal-shooting-at-warner-robins-club

Fox 5 Atlanta’s coverage of the overturning of Baker’s conviction: https://www.fox5atlanta.com/news/georgia-supreme-court-rules-rap-video-shouldnt-have-been-used-to-convict-man

MyNBC15’s coverage of the double homicide over a dice game: https://mynbc15.com/news/local/dip-double-murder-result-of-a-dice-game-dispute-and-40

The NoCap music video that Morgan Baker appeared in: https://www.youtube.com/watch?v=BiQeZDE1t1c

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The Murder Sheet is a production of Mystery Sheet LLC .

See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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[00:02:28] discussion of murder and sexual violence. Well it's Friday so it's time for another edition

[00:02:35] of the cheat sheet and we found some interesting cases that we would like to discuss with you.

[00:02:40] Some ongoing cases and there's also been a couple of updates in the Richard Allen Delphi

[00:02:48] murder case that we also think are worthy of chatting about. My name is Ania Kane, I'm a journalist

[00:02:55] and I'm Kevin Greenley. I'm an attorney. And this is The Murder Sheet. We're a true crime podcast

[00:03:01] focused on original reporting interviews and deep dives into murder cases. We're The Murder Sheet.

[00:03:08] And this is The Cheat Sheet, Raps and Recantations.

[00:03:31] Alright, let's start off with some familiar territory. Namely the Delphi case.

[00:04:01] Specifically the case against Richard Allen who's been accused of murdering teenagers, Libby

[00:04:07] German and Abby Williams. And this is going to be really really familiar territory because we're

[00:04:12] going to start out by discussing a filing that Nick McLean recently made. Of course he's a

[00:04:18] prosecutor in the case and this is actually the third time he's made this filing. Wow okay there you

[00:04:26] yeah. And this is a request for a specific medical records pertaining to Richard Allen,

[00:04:33] particularly Richard Allen's mental health records from the time that he's been incarcerated in

[00:04:40] the Indian Department of Corrections. Ordinarily of course there's all sorts of privacy regulations

[00:04:48] that certain health records should not be shared with the public or with prosecutors.

[00:04:56] Prosecutor McLean makes the argument that there was a reason that concern shouldn't apply here.

[00:05:06] He believes that through filings and other such things, the defense seems to be the very at

[00:05:14] least hinting or suggesting that Richard Allen's mental health is going to be an issue in the upcoming

[00:05:23] trial. Particularly that he feels the defense may be trying to use Richard Allen's mental health as

[00:05:31] a way to explain away the confessions Richard Allen made him his case. In other words they're

[00:05:37] going to suggest that those confessions were false presumably because of some sort of mental health

[00:05:42] issue and his argument is if they're going to be arguing about his mental health, we should have

[00:05:48] access to the mental health records so we can judge whether or not those claims are true

[00:05:55] about his mental health. That makes sense and this is one of those areas in the case where I've

[00:06:00] always been a bit fascinated in the beginning when this first came up when the issue of confessions

[00:06:07] or in criminality statements first came up behind the scenes, not in public but essentially immediately

[00:06:13] after he made in criminality statements to his wife and mother, Richard Allen's attorneys

[00:06:19] basically kind of came out with a filing saying being in prison has had such a detrimental

[00:06:26] effect on his mental health. They threw around clinical terms like schizophrenia and psychotic

[00:06:30] and it's very hard to analyze those without having a mental health professional say okay here's

[00:06:35] what we're seeing. It gets a frenic that doesn't really make any sense that wouldn't really

[00:06:41] manifest itself in a middle-aged man that comes on earlier in life but psychotic, there can be

[00:06:47] a number of reasons that someone could become psychotic suddenly so it was very interesting

[00:06:53] then they kind of backed off on that and put in you know when explaining the incriminating

[00:06:59] statements well he may have been threatened by odinous guards no we don't have any evidence

[00:07:05] for that and he's never said that but maybe that struck me as somebody that struck me as a team

[00:07:10] that is desperate to get around the mental health issue and so that really peaked my interest because

[00:07:15] why you know I think mental health sounds like a pretty compelling reason that somebody would

[00:07:21] say something that's not true but the fact that they kind of discarded that I'll be curious if

[00:07:26] they end up going back to it because again it's it's a better explanation but it's very intriguing

[00:07:32] that there's kind of this like keep away game going on with mental health in this case like oh

[00:07:37] that's it never mind that's not it and obviously McLeanland is still very much determined to get those

[00:07:44] records and if the defense essentially feels that like we really don't want him to get those records

[00:07:51] then they'll I imagine have to really be careful about how they talk about mental health and

[00:07:56] future filings kind of boxes them in now let's take a pin in that for a second and we're gonna

[00:08:02] get back to all of that but let's jump back a couple of weeks to February 26 2024 and on that

[00:08:11] date Richard Allen's defense team filed an X part A motion seeking payment for them to get

[00:08:17] the services of experts and those experts were not identified on the court docket so first of all

[00:08:25] let's talk about what X part A means when a public defender takes a case that's different from when

[00:08:33] a private defense attorney takes a case and when a private defense attorney takes the case

[00:08:39] they may hire all sorts of experts to explore all sorts of theories and to investigate all sorts

[00:08:48] of possibilities and maybe some of those theories will come out in court maybe they will talk to

[00:08:55] an expert and decide what this particular theory doesn't really fly and we're not going to use that

[00:09:02] but because they're using their own funds all of that is going on behind the scenes and the prosecution

[00:09:08] is not aware of it now once different is when it's a public defender they're paid for by the state

[00:09:15] and so when they're talking to experts and such they need to get approval for that from the judge

[00:09:23] now you don't want to penalize someone for not having the money to go out and privately hire their own

[00:09:29] experts just because the fact that a person isn't rich doesn't mean that the prosecution should get

[00:09:37] a glimpse at their defense strategy and that's why you have these X part A things which basically

[00:09:43] means that the defense can file a motion that the judge sees but the prosecutor doesn't see

[00:09:49] and in these motions they may say well we're going to we're talking to such and such an expert

[00:09:54] who knows all about this particular area that we think may be pertinent we need court approval

[00:10:00] to get funds for them and you don't want the prosecutor to know that that might tip your hand

[00:10:06] to the other side about what sorts of defenses you are considering so if Anya is charged with

[00:10:17] stealing 10 boxes of cereal thank you for the continuity nod thank you Anya's charged

[00:10:22] with stealing 10 boxes of cereal from the grocery store and her defense team gets permission

[00:10:31] from the judge to consultant expert who specializes in the defense that women who are married

[00:10:39] to lawyer slash podcasters are driven so crazy with stress they can't help but create petty thefts

[00:10:46] that would be if the prosecutor knew about that the prosecutor would say oh this is the strategy

[00:10:50] they're going to use maybe I can talk to other witnesses or I can talk to this expert and discredit

[00:10:57] this you're giving the prosecutor an advantage that wouldn't have it in normal situation or wouldn't

[00:11:03] it be like if they talk to an expert who's supposed to say that but then they didn't call them as a

[00:11:08] witness then the prosecutor would like I want to go talk to that cereal expert because obviously

[00:11:14] that didn't go well there's nothing obviously at some point the defense is going to have to turn over

[00:11:19] a list of everybody who's going to actually testify in the trial they don't have to turn over a list

[00:11:25] of everyone they've talked to so if the prosecutor knows oh they talk to this witness who's

[00:11:31] an expert in this subject and they're not using this person as a witness maybe that's an area

[00:11:36] vulnerability that I should explore so for all of these reasons we have these ex parte filings

[00:11:44] and communications that are done outside the purview of the prosecution so back on February 26

[00:11:53] there was this entry in the docket that the defense had filed a motion about expert witnesses

[00:12:01] and as we've explained here it didn't specify who those witnesses were what their specialty was

[00:12:10] or anything of that because that is something that was supposed to be kept secret at least that's

[00:12:15] typically what occurs and so I mentioned all of that because Nick McLean well why don't we read a

[00:12:24] little bit of this file? Sure the defense has now filed a verified ex parte motion for hearing

[00:12:32] on funding for expert services within that motion the defense asked the court to approve funding

[00:12:38] for Dr. Polly Westcott a clinical psychologist and for a confession expert the defense states

[00:12:45] the conclusion to be drawn from this is that there is a reasonable basis upon which to inquire into

[00:12:52] the impact of the accused confinement on his mental state this can only be done by an expert in the

[00:12:59] field of the impacts of solitary confinement on accused individuals it is clear from the statement

[00:13:06] and the other affirmations made in the motion that the defense intends to challenge the multiple

[00:13:11] confessions that the defendant has made while incarcerated further it is clear that the defense

[00:13:17] intends to make the defendant's mental health an issue in this matter in order to address this

[00:13:22] the state needs to review the defendant's mental health records and have an opportunity to consult

[00:13:27] its own expert so what it appears that prosecutor Nick McLean had access to this ex parte motion

[00:13:42] and he is quoting from it he's naming the expert they wanted to use and discussing why they wanted

[00:13:49] to use this expert and so that raises some interesting questions I presume there's good answers for

[00:13:58] them but how did Nick McLean get access to this ex parte motion yeah I'd be curious from hearing

[00:14:07] from attorneys who could shed some light on this is this really weird can we not figure this out

[00:14:12] or would there be reasons that one side you know the state could see an ex parte filing and not be okay

[00:14:19] to roll with it so I don't know it seems definitely not what we would expect with an ex parte filing

[00:14:27] but maybe there's something we're missing here because again typically the whole point of going

[00:14:32] through the motions of filing something ex parte is because there's stuff in here we don't want

[00:14:38] the other side to see and make Nick McLean saw it yeah so again if you might have any insight on

[00:14:45] this let us know because we're really confused mysteries are the heart of everything we do here on

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[00:17:00] who've already made some public statements that they find this very unusual and strange i wonder

[00:17:05] what prosecutors think we'd really be interested in getting the full range yeah as there's some way

[00:17:09] around x part a where you could do something like this and say hey you know we know what you're

[00:17:14] asking for and here's why that means that we need something in return um i don't know it's just

[00:17:20] very odd and also fascinating that the defense is pivoting back to mental health discussions although

[00:17:27] in fairness it seems like from at least what we're reading into this filing it seems like

[00:17:34] they're trying to thread the needle in a very limited capacity not necessarily speaking to

[00:17:42] you know that the whole of his mental health but maybe just specifically the element of solitary

[00:17:48] confinement things like that so they're they're trying to be a little bit specific about it i suppose

[00:17:52] yeah and also in fairness to the defense we don't know what the contents of this x part a motion

[00:18:00] is we don't know if they intend to call these people as witnesses in the trial or if they're just

[00:18:08] asking the court to pay them for services already rendered it's entirely possible they talk to

[00:18:14] this expert and this expert has stuff that's really pertinent to the case that they want to use

[00:18:19] it's also possible they hired this person talked with her and found out that oh what she says

[00:18:25] isn't really helpful to us we don't intend to use her we don't know we don't know also it's possible

[00:18:30] that some of the experts could speak to you know the idea of somebody being scared into confessing

[00:18:36] by coercion and that is going to be what their topic is less mental health being an internal factor

[00:18:44] and more of an external force saying we're odinous we're going to kill your family confess

[00:18:50] and so there's also been another filing in the case that i think it's worth mentioning at least

[00:18:56] briefly this comes from David Hennessey who of course is representing attorneys Brad Rosie and Andrew

[00:19:04] Baldwin in the contempt hearing which is scheduled for March 18th previously the judge had issued a

[00:19:13] ruling that the defense needed to turn over all exhibits in such they intended to use in the hearing

[00:19:21] on March 7th 2024 and in this motion they're asking for an extension of that time for another week

[00:19:30] and the reason they are saying that is there's actually a couple of reasons one is that

[00:19:37] the prosecutor they're not they're not casting dispersions on Nick McLean for this for

[00:19:42] their saying that for whatever reason there's some stuff that we need from Nick McLean and he hasn't

[00:19:47] gotten to us yet we expect to get that from him relatively soon but if he gives us these things

[00:19:53] we may see something in them which may inspire us to create a new exhibit or something to highlight

[00:20:00] and so we want time for that and then there is also an interesting paragraph in this document

[00:20:06] that i think is worth quoting in fall on february 29th 2024 in march 1st 2024 the defense was

[00:20:16] contacted by two separate individuals who claimed to have documents pertinent to leaks

[00:20:22] despite diligent efforts the defense has not yet obtained these documents to be able to

[00:20:26] assess their credibility and reliability upon doing so the defense may have additional exhibits

[00:20:32] which of course will be provided to the state as all others have been

[00:20:37] so i think one thing that jumps out at me from that is they say that these documents are

[00:20:43] pertinent to leaks they're not specifying that these documents are pertinent to the specific leaks

[00:20:50] under discussion in this case in other words this may or may not apply to the leak of crime scene

[00:20:57] photos and defense strategy it may apply to something else altogether and reading between the lines

[00:21:04] david hennsey is not going to present here's other evidence of andrew baldwin leaking this is

[00:21:08] going to be coming from either law enforcement or the prosecutor's office i would imagine

[00:21:13] and certainly there are always rumors swirling about in the delt by online community really oh man

[00:21:21] i didn't know that was a hallmark of that community so it would be interesting to see what these

[00:21:28] documents are if it's some of the stuff that's been spreading the rumors that have been spreading

[00:21:34] or if it's something else altogether or it is possible that the defense will get these documents

[00:21:39] and say well there's nothing here so this may be a little time we hear of it we may hear a lot

[00:21:43] more from it again hard to assess without knowing what it is but if they're not able to get the

[00:21:48] documents in a timely fashion one questions you know what exactly is this because usually if

[00:21:54] somebody's coming forward with some some good stuff then there's not really a problem with exchange

[00:22:01] so it's frustrating to keep on saying we don't know but we don't know

[00:22:05] yeah we'd rather tell you guys we don't know something then to be like yeah this is definitely

[00:22:09] this and then you know be totally wrong and misleading you so you know delf i is one of those

[00:22:14] things we're all just kind of you know on this roll of coaster together and we're sort of trying

[00:22:19] to pick out what's what's blurring past our eyes as we're going on it so that's kind of kind of how

[00:22:24] it is so let's move on next case we're going to talk about involves a man named William Franklin

[00:22:31] our sources for this are NBC 10 and the Philadelphia Inquirer as well as court documents

[00:22:39] as well as court documents this this as I say this case involves a man named William Franklin

[00:22:44] and actually involves a murder that took place all of the way back in October of 1976 when a man

[00:22:56] named Joseph Hollis was shot in a pool hall during a meeting between two drugs syndicates and there

[00:23:07] was a witness to that event named a manual clayette I'm guessing on that pronunciation apologies

[00:23:14] if it's incorrect and in exchange for getting lenient treatment from the prosecution he provided

[00:23:20] testimony indicating that the man responsible for the murder was this William Franklin and so

[00:23:29] Franklin ended up being convicted of this crime back in 1980 Mr. Clayette made a statement on video

[00:23:40] before he died in 2020 where he claims that he was persuaded to take this deal because police were

[00:23:51] offering him all sorts of inducements including the opportunity to have sex with his girlfriend

[00:23:58] and so a judge has now said that these things cast so much doubt on Clayette's testimony

[00:24:07] that I'm going to vacate the conviction Franklin still has a murder charge against him but he's

[00:24:14] been released from prison and is now up to the district attorney to decide if they want to have

[00:24:21] a new trial in this case but meanwhile the prosecutor in in Philadelphia is saying wait a minute

[00:24:29] we shouldn't be putting so much stock in Clayette's recantation of his testimony it was not done

[00:24:37] under oath he didn't face any perjury charges for it he didn't come into court and face cross

[00:24:46] examination and basically he just read a statement pretty much word for word that was written for him

[00:24:53] by a defense attorney so it's very difficult for us to look at this and and just accept it blindly

[00:25:00] that his testimony is untrue and so the conviction should be reinstated I'm no fancy lawyer

[00:25:08] but it seems like the recantation has a lot of red flags there and I'm kind of shocked

[00:25:13] that a judge would put so much weight on it it does have a lot of red flags if you don't come in

[00:25:19] and face cross examination it's really tough to evaluate it the man is deceased we don't know

[00:25:26] what kind of health he was in but if he's just reading a statement given to him by a defense attorney

[00:25:33] how confident can we be that that statement is true not confident at all should we be concerned

[00:25:41] that maybe he was offered inducements to give this that's what I was going to say I mean listen I'm

[00:25:46] all about I'm all about the scrutiny of these older cases where there could have been

[00:25:51] policemen's conduct or evidence you know that that's not as slam dunk as was portrayed as being

[00:25:58] looked at I just don't know if that's I'm I just think I don't know the judge's decision on

[00:26:05] that is pretty baffling I think a lot of this would carry a lot more weight had been done differently

[00:26:11] and under oath and perhaps in his own words he described what happened so I don't know I'm not

[00:26:17] seeing necessarily that what he he's lying during the recantation it just seems really hard to

[00:26:24] assess throwing out an entire case based on this yeah I'd really like to see more information

[00:26:32] obviously I don't want it as it meant to be in prison no no one wants that but I just think a lot

[00:26:40] of these claims should be given a lot more scrutiny than they often seem to be yeah I think

[00:26:46] that there can be a real you know maybe in some cases there can be a real rush to

[00:26:52] side with the prosecutor and police and then in other cases there can be a real rush to

[00:26:57] you know get them that get a bunch of nice headlines about you know wrongful convictions being

[00:27:02] vacated I think that's also a competing impulse that's not always in the service of justice

[00:27:09] that's just my opinion I think like I don't know the judge judge is to be very skeptical of everybody

[00:27:15] and this doesn't really fly with that was there other stuff that was was a basically the

[00:27:21] recantation that did the recantation seems to have carried the most weight I really love our criminal

[00:27:28] justice system I believe the way to get true truth is by having both sides present their best case

[00:27:34] have witnesses cross examined and such and so it's troubling to me that this didn't happen here

[00:27:40] and the witness just seemed to be quoting from script right to him by defense attorney

[00:27:45] and he he never gave that under oath one thing I also feel this is maybe just my hat take but

[00:27:52] like with older cases especially non high-profile older cases but sometimes high-profile ones as well

[00:27:57] there's almost like this attitude of like well we can do whatever because like the families are

[00:28:01] dead of the victims or like it's not going to get that much attention I don't know like they

[00:28:05] almost is like no one's watching don't worry about it we can do whatever we want that's something

[00:28:10] I feel like I don't know if that's in I don't think that's necessarily a malicious impulse it's just

[00:28:15] you know maybe just a kind of the reality that you know this not could be that much outcry oftentimes

[00:28:23] I'm also interested in issues such as sentencing disparities this man has been incarcerated for

[00:28:28] 44 years for this murder is it typical for people who have been convicted of murder in the

[00:28:33] Philadelphia area to receive such long sentences is there something unusual about this case I'm

[00:28:38] also interested in that well it's his behavior like in prison also that's also a good question yeah

[00:28:44] so this definitely this is definitely some interesting stuff to impact there and again it's not

[00:28:50] really even commenting on guilt or innocence at this point it's like how is the system functioning

[00:28:56] as it functioning as it should so for this next case we need to go down to Georgia for our sources

[00:29:03] for this we relied on reporting done by 13 WM AZ as well as WGXA box five Atlanta my NBC 15

[00:29:16] as well as a rap music video on YouTube so on July six there's a reason for that yeah that's the

[00:29:23] reason obviously our standards aren't slipping that badly we're just gonna we're gonna give you the

[00:29:30] crime as filtered through a Taylor Swift music video now this it actually comes comes up in evidence and

[00:29:37] an interesting way so on July 6 2019 in Warner Robbins Georgia there was a rap concert at club

[00:29:46] boss one rapper who was there was named his rap name is no cap and his real name is Kobe Vidal

[00:29:55] Crawford Jr. And he's from Mobile Alabama and he's an he's an up-and-coming rapper so

[00:30:02] unfortunately things did not go well at club boss there was some kind of confrontation between

[00:30:10] different people and the club security out in front at a kind of like the breezeway that confrontation

[00:30:18] involved a 23 year old man named Morgan Baker from Alabama he's part of no caps posse and

[00:30:27] he and another unidentified person have a scuffle between security and them then they what the

[00:30:35] state alleges is that they went back to a van in the parking lot got firearms went back and started

[00:30:40] shooting a witness even saw Baker firing a gun unfortunately those bullets did hit somebody a man

[00:30:49] named to Marco head he was a bouncer for the club and he was killed he was 39 years old when he

[00:30:56] was killed and unfortunately according to 13 WAMZ family told them that heads relative had recently

[00:31:03] also died at a shooting at some apartments so the family was going through a lot at that point

[00:31:08] on November 13 2019 Baker was arrested and extradited to Houston County in Georgia there was

[00:31:16] ultimately a trial in 2022 the trial involved witness testimony as well as the prosecution showed

[00:31:27] the jury a clip from a no cap music video for his song ghetto angels so in the ghetto angels

[00:31:36] music video Baker can be seen holding and waving about a semi automatic pistol and i'll explain

[00:31:45] what exactly can be seen in this video at a moment but the jury saw that

[00:31:50] and they deliberated for an hour and then found him guilty of murder and several other charges I believe

[00:31:56] so what happened recently this nitlite is update is that the murder conviction the conviction of

[00:32:02] Baker has been overturned because the Georgia Supreme Court felt that the jury should not have

[00:32:11] been shown that rap video it didn't have anything to do with the crime and it may have really biased

[00:32:17] them so they've thrown out the conviction now it's up to the prosecutor to bring charges again

[00:32:22] and redo redo everything but i guess first of all there's been a lot of discussion about rap

[00:32:27] lyrics typically in this situation or rap music video but rap lyrics being used in cases

[00:32:34] what do you think about that uh it makes me uncomfortable i i'm not i'm sure this won't come

[00:32:42] as a shock to our listeners i don't really listen to a lot of rap songs but i certainly enjoy

[00:32:50] music and lyrics and storytelling and i think it would be a mistake for for instance

[00:33:00] even sondheim wrote a terrific musical about presidential assassins some of the songs are from

[00:33:06] the point of view of assassins and it would be a mistake to take those lyrics and say oh this proves

[00:33:15] Stephen sondheim wants to kill presidents get him there's lyrics in some of the songs there from

[00:33:22] the point of view of john wilkes booth where racist uh lyrics and ideas are expressed

[00:33:30] and clearly that those don't reflect Stephen sondheim's uh views or opinions they represent

[00:33:36] the views and opinions of the character he is writing the lyrics about and so

[00:33:44] the creation of rap lyrics is a work of imagination and it shouldn't be read as in my opinion

[00:33:53] as confessions or is sworn testimony what do you think yeah i tend to agree it given you know

[00:33:59] rap is is tied to the african-american community it's tied to the black community

[00:34:04] it seems a bit like why are we holding rap to that standard i mean if you look at rock and roll right

[00:34:09] which you know like maybe isn't as culturally dominant as it once was but if you look at

[00:34:16] the heyday of rock and roll some of the lyrics there can be pretty sexual right can be pretty

[00:34:21] raunchy talk about you know getting getting with ladies or whatever and i mean nobody would like

[00:34:29] we didn't have people necessarily like using that as like oh you know you wrote that or you like

[00:34:34] that so therefore you must be guilty of like some sort of sexual crime right sexual assault and

[00:34:39] that would that would seem ludicrous to most people and this rap video was filmed in some date prior to

[00:34:48] the murder so there's there's no connection between it other than at some point prior to the

[00:34:55] murder he held a gun and was acting tough with it in a video where are the guys were acting tough

[00:35:02] with it that's correct and that's part of that's part of rap videos sometimes it's

[00:35:07] her an element of rap videos people want to look tough and random shwepins it doesn't mean

[00:35:12] that that is what their real lives are yeah and i'm certainly not saying the baker is innocent it seems

[00:35:18] like witnesses had him holding a gun shooting i mean that's pretty bad i just don't think you know

[00:35:23] you should be including stuff that's prejudicial to a jury even if somebody you know likely did

[00:35:30] something because again as you said it's it's not it's not real life it's a music video um i i

[00:35:36] mean to me like when it comes to lyrics when it comes to writings if if maybe in some very specific

[00:35:44] cases that the details of the crime really are reflected in something to the point where you're like

[00:35:50] well how would this person even know this if they weren't involved maybe there's some room there for

[00:35:58] including them but i think just in general when it's being almost feels like it's being used to be

[00:36:06] like look this guy's inherently violent because he's holding a gun in a rap video i mean i don't know

[00:36:13] like that people post pictures of themselves holding guns on facebook and stuff i mean it's kind

[00:36:18] of maybe it's a machismo thing but it's not evidence that a person committed a specific crime

[00:36:26] i mean again unless you're holding the literal murder weapon and you can prove that i don't really

[00:36:31] know how it's super relevant yeah if an actor like a Harrison Ford holds a gun in a movie

[00:36:38] that wouldn't be used in a hypothetical trial against an actor

[00:36:43] in my hypothetical rap music video that i'm definitely not making if i'm like sitting on a throne

[00:36:50] and like there's a bunch of cereal boxes piled up around me you know and then i'm accused of

[00:36:55] stealing cereal to use the classic example you know i i don't really see like you know because maybe

[00:37:00] i bought all those legally you know not i mean like unless you can prove that those specific boxes

[00:37:05] were stolen why should that have anything to do it's probably just you in your mind

[00:37:10] think that all this cereal makes me look really tough yeah i look pretty cool

[00:37:18] yeah and so you know if i'm if i'm doing that like i don't again like i can understand why

[00:37:24] that's interesting to prosecutors wow this woman is obsessed with cereal but there's a difference

[00:37:30] between being interesting and being relevant enough and fair enough to include in a trial

[00:37:38] there's a there's a high bar that you have to clear to have stuff be in a trial

[00:37:43] and punishing people for creative works and rap is a creative work punishing people for creative works

[00:37:52] makes me uncomfortable yeah because again like you can have an artistic persona i mean in this case

[00:37:58] this is not the rapper this is a guy part of the rappers entourage who's just in the video so

[00:38:03] it's not even like his vision he's just a guy hanging out it seems it seems problematic and

[00:38:10] i feel like i i many years ago this is how old i am uh i was in the background of a scene from

[00:38:18] a league of their own and you would somebody try to use outtakes from that to show that i have an

[00:38:24] unhealthy interest in female baseball oh Kevin see really happy this particular play what does that

[00:38:31] mean it probably means i was doing whatever the director told the crowd to do yeah that's another

[00:38:37] really good point this guy is not even the creative visionary behind this he's a person who works for

[00:38:44] a rapper who had a vision for a music video seemingly or maybe the director did i don't know

[00:38:49] and they did that and and whatever it's it's way too much of a stretch to to really go with that

[00:38:56] in a court setting and again there has to be a high standard of what you present in court

[00:39:01] he can't just nest as like this feels very prejudicial because it's just like look he's waving

[00:39:05] a gun isn't that scary don't you think he probably shot somebody yeah go go with the evidence go

[00:39:11] with go with the concrete things that are proving that he did it at the scene because you know otherwise

[00:39:18] it just i don't know gets into some very uncomfortable territory for me especially again it feels like

[00:39:24] targeted against the African-American community in a way that's like are we holding any other

[00:39:30] musical genre to the standard so just to give you a sense of the the no cap music video forgetto

[00:39:35] angels you see Baker from about five seconds into about ten seconds and he's wearing a black hoodie

[00:39:42] which has the words the resurgence and loyalty is love on it he's kind of sticking at his tongue

[00:39:48] like he's concentrating his eyes are half closed and he holds up in his right hand a semi-automatic

[00:39:54] pistol blocking part of his face with that his trigger finger is against the barrel of the gun

[00:39:59] and then he shakes it at the camera sort of like he's shooting the videos viewers

[00:40:04] then later on he shows up and a bunch of people are holding guns so it's not just him he's not

[00:40:11] the only gun guy but the other kind of bizarre twist to this music video is that actually the lyrics

[00:40:17] of the actual rap seem to be alluding to the murder of two men 27 year old willicious willy

[00:40:25] mothat and 28 year old Carlos Cunningham who were both killed in 2019 in mobile alabama during a

[00:40:32] confrontation over a dice game and so no cap is essentially mourning his friends you can see their

[00:40:39] posters you know he's basically saying I miss my friends who are killed with gun violence

[00:40:45] so it is a bit ironic that there are guns in the video but it also is kind of I don't know

[00:40:50] it's like the spiral of gun violence because I mean obviously those two young men shouldn't have

[00:40:54] this was over a $40 game like this was over nothing that these guys lost their lives so he's

[00:41:00] mourning them they are holding guns that is about but ironic but it also it does show you that you

[00:41:06] know unfortunately this gun violence is a scourge and uh I just thought that was interesting to

[00:41:13] point out because I was like wait what are those names that they're kind of like standing near these

[00:41:17] posters for and it looks it up and it was another murder so unfortunate but interesting well with all

[00:41:23] of that said I can tell you're interested in eager to get back to your throne of cereal I'm actually

[00:41:31] literally going to eat a bowl of corn flakes after we are done with this so you're not wrong

[00:41:35] you're not wrong you're making fun of me but you're correct I know I'm correct I live with you I

[00:41:42] see the furniture you created for yourself all the cereal themes why did this become a thing

[00:41:53] oh my gosh we're so silly but yeah no I'm definitely gonna eat some corn flakes but yeah this is

[00:41:59] interesting interesting array of cases we talked about today hopefully hopefully between all

[00:42:05] the bizarre cereal anthology of my cereal killing crimes hopefully hopefully everyone was

[00:42:12] interested but I do really want corn flakes right now thanks so much for listening to the murder sheet

[00:42:20] if you have a tip concerning one of the cases we cover please email us at murder sheet at gmail.com

[00:42:27] if you have actionable information about an unsolved crime please report it to the appropriate

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[00:42:45] slash murder sheet if you want to tip us a bit of money for records requests you can do so at

[00:42:52] www.bimiacafi.com slash murder sheet we very much appreciate any support special thanks to

[00:43:02] Kevin Tyler Greenley who composed the music for the murder sheet and who you can find on the web

[00:43:07] at kevantig.com if you're looking to talk with other listeners about a case we've covered

[00:43:14] you can join the murder sheet discussion group on facebook we mostly focus our time on research

[00:43:20] and reporting so we're not on social media much we do try to check our email account but we ask

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