On trial: The use of rap lyrics

The heart of Broadnax’s arguments for a reprieve center on the rap lyrics used against him during the penalty phase.

His attorneys and the entertainers who wrote to the Supreme Court argue that such lyrics are protected free speech and have nothing to do with the crime committed. The way they were presented to a nearly all-white jury, they say, was prejudicial because rap music “often invokes negative racial stereotypes about Black men among jurors and judges.”

Dallas County prosecutors called Broadnax’s claims over the rap lyrics “meritless and not worthy of this court’s attention” in a recent filing.

“The rap lyrics in his journals are relevant and admissible to show not only his gang affiliation or interest, but also that themes of lawlessness, violence, and drugs − whether fictional or not − occupied his time and thoughts,” they wrote. “If Johnny Cash had ever been on trial for murder, particularly if the murder was alleged to have occurred in Reno, no doubt his ‘Folsom Prison Blues’ lyrics (‘I shot a man in Reno, just to watch him die’) would have been admissible during the punishment phase of his trial.”

Rap music has been used against criminal defendants since the genre took hold in the 1980s and its use has only increased in recent years, experts say. Some states including California, Maryland and Louisiana have passed laws to limit its use.

Among recent trials where rap lyrics factored in: Rapper Young Thug’s 2023 trial on RICO charges (he pleaded guilty), rapper Drakeo the Ruler’s 2019 murder trial (he was acquitted), rapper Tay-K’s 2025 murder trial (he was sentenced to 80 years), and rapper Lil Durk’s upcoming trial on murder-for-hire charges (he has pleaded not guilty).

“These high-profile cases have brought attention to the risk that rap lyrics will be used as evidence of criminality or to enhance a criminal defendant’s sentence,” argues rapper Travis Scott’s filing with the Supreme Court. “Unsurprisingly, this risk chills rap artists’ speech.”

What do the victim family members say?

Lost in much of the coverage of Broadnax’s execution are the victims in the case: Stephen Swan and Matthew Butler. Their families both have expressed steadfast support of Broadnax’s execution.

“I can not believe that this evil, heartless killer is still alive,” Matthew’s mom, Theresa Butler, wrote in 2016 about her son, who was a 28-year-old married father of two when he was killed. “My son and Steve had no choice about whether to live or die that night … This killer should never have the choice to live after what he did to them.”

Last month, she called Broadnax’s most recent arguments a “hail Mary pass.” She previously called Swan and her son “two wonderful Christian, hard-working young men.”

“Matthew would have given them a ride home since the train and buses stopped running in Garland. He would have paid for an Uber for them to get home,” she said. “He would have done anything to stay alive and enjoy a wonderful life with his wife and two babies. And, his whole family. He loved us all so.”

Swan’s sister, Deborah Burkhardt, sought an execution date to be set for Broadnax last year and wrote in a court filing that “every piece of worthless litigation filed by the defense is another insult and another injury to us,” according to NPR for North Texas.

She added: “There is no end to what they will come up with, or try to put a new spin on.”

What ways could James Broadnax win a reprieve?

Broadnax’s attorneys have cast a wide net of possibilities to stop his April 30 execution.

They have multiple appeals sitting in the Supreme Court, the Texas Board of Pardons and Paroles is considering the case, and Broadnax’s attorneys are also planning to bring his claims to the governor.

USA TODAY will be closely following the case and covering the execution should it move forward.

Amanda Lee Myers is a senior crime reporter who covers the death penalty, cold case investigations and breaking news for USA TODAY. Follow her on X at @amandaleeusat.