Prosecutors want to use 55 songs against YNW Melly in retrial. Which are on the list?
YNW Melly’s hit single “Murder on My Mind” topped Billboard charts in 2019. Now, the Florida native’s viral song could be front and center in his double murder retrial in 2024.
Last week, prosecutor Alixandra Buckelew filed a list of 55 songs, four album covers and 18 audio files that could be included in the retrial, which is expected to begin in February. Melly’s legal team asked Broward Circuit Court Judge John Murphy to bar prosecutors from introducing songs, music videos and lyrics into the case.
Defense attorney Raven Liberty told the Miami Herald that three years ago, the Broward State Attorney’s Office assured the defense that Melly’s lyrics wouldn’t be used against him.
But the state, in a response filed in court Saturday, said no such agreement existed — and even if it did, it was voided when former prosecutor Kristine Bradley was ousted from the case.
READ MORE: Could lyrics be used against YNW Melly in double murder retrial? Prosecutors will try
In the filing, the state said it altered its strategy “as opposed to reading a script from the first trial,” the filing said. The prosecutors also said that concerns related to lyrics can be addressed when the rapper’s legal team questions pre-selected jurors in January.
“These are the defendant’s own songs, and as such, are clearly on notice of them,” the filing said. They are the defendant’s own words and therefore amount to an admission and/or adoptive.”
A hearing on the issue will be held Monday before Judge Murphy. Here’s what to know about the 55 songs in prosecutors’ proposed evidence list.
‘Murder on My Mind’ nabs No. 1 spot
Topping the prosecutors’ list was Melly’s double-platinum song “Murder on My Mind,” which features a grim retelling of an unintentional homicide over a blend of emotional piano riffs and hip-hop beats. Fans, experts and critics of the practice long speculated over whether or not the hit song would be used against the rapper in his double murder case.
Melly dissected the song in a 2018 video with Genius, a media outlet that posts song lyrics and frequently interviews artists about the meaning of their music.
In the video, Melly recounted writing the song while in jail in an unrelated case. He credited “Melvin” — his artistic persona — with inspiring the song’s violent themes.
“I’m a p---y murderer. I murder the vagina, and I murder the beat,” Melly said during the interview. “I am not no human murderer.”
What songs could be used as evidence?
The proposed evidence list includes songs from each of the rapper’s four albums: “Just a Matter of Slime,” “Melly vs. Melvin,” “We All Shine,” and “I Am You.” The state seeks to admit those album covers into evidence, too.
Some of the songs on the list include: “223’s” (2019); “Mama Cry” (2018) and “Virtual (Blue Balenciagas)“ (2018).
But some are more obscure. Seven are from the rapper’s 2017 “Collect Call EP.” Seven others are either unreleased or singles, according to the Miami Herald’s analysis of the song list.
And 7 others aren’t even Melly’s; he’s either featured in the song or mentioned in the lyrics. Some of those include “Brazy” by Fredo Bang; “Free Melly” by YNW BSlime, Melly’s younger brother; and “Rollin” by King Von.
Seventeen of the songs on the list were released before the murders, according to the analysis. Twenty-seven were released after Melly was arrested on first-degree murder charges. He has been in the Broward jail since February 2019.
While the rapper has released music behind bars, it’s unknown how long ago some of those songs were written and recorded.
Rap lyrics in court?
The Miami Herald on Sunday released an in-depth project about the use of rap lyrics in courts. For more, read the stories below:
Is rap on trial? How lyrics can be used against rappers in courtrooms
Mac Phipps was a rising rap star. Did his lyrics put him behind bars for two decades?
In Florida and across the U.S., here’s where — and how — rap lyrics have made it to court
Art or evidence? Closest U.S. Supreme Court has looked at rap lyrics is for ‘true threat’