DAY 3 YELLA BEEZY & Mo3 TRIAL, Judge will decide if TRAPBOY FREDDY Lyrics will be Adopted EVIDENCE

[00:00:00]So, today was day three of the Yellow Beey Trial. I did pop up up there at the site. Um, I definitely do got some footage that we're going to be watching and breaking down together as well. Um, and as we do that, we're going to see what y'all think today. Uh, it was a lot. You know, they talked about Trap Boy Freddy, they talked about Roy Lee, and they also had some questions about whether they believe um, you know, the lyrics should actually be used. That's like the biggest point right now that they're trying to decide is if the lyrics should be able to be used or not.

[00:00:29]Um, give me just a second. Let me get us over here. So, we about to start it right now.

[00:00:35]>> Thank you, honor. Uh, police councils.

[00:00:38]>> So, first people talking is going to be the prosecution.

[00:00:43]The evidence we heard last week in honor is the state's case on motive and the events that led to the charged offense.

[00:00:52]This case concerns a rap feud, honor, between known Dallas rappers.

[00:00:57]Their feud was open. It was public. It was in social media.

[00:01:02]It was in their media interviews. It was through their music.

[00:01:06]And it was in the streets of Dallas.

[00:01:08]This offense did not happen in a vacuum.

[00:01:12]and the jury is entitled to hear about what transpired that led to one Dallas rapper placing a bounty on another Dallas rapper.

[00:01:21]While the states filed a response that outlines every piece of evidence that we'd like to put into evidence as well as the legal justification board, I'd like to highlight some this morning, your honor.

[00:01:30]First, we've attempted to narrow down the list of items to only those that go to motive, the feud between the parties and other evidence that will be cooperated by our grand jury witness and other witness.

[00:01:41]>> Let me just break it down. So, pretty much he's saying, "Listen, your honor, we want to be able to use the evidence that we got." Now, the evidence that they got is a lot of evidence. They trying to put like Trap Boy Freddy music and lyrics. They're trying to use all sorts of type of lyrics and stuff, right? But what this guy is saying, listen, if you don't want us to use all the lyrics, we'll use only the lyrics that's directly got to do with the motive of the actual murder of Mo 3.

[00:02:05]That's what he's trying to say.

[00:02:09]>> During this hearing, your honor, the court heard repeatedly the name royally paid regarding how this feud got started.

[00:02:18]It's in the grand jury testimony. And Louisville PD even asked the defendant, "Does this feud have anything to do with Roy Pay?" And he said, "I think so."

[00:02:29]Now, this the shooting and the death of Roy Pay will not be admitted as orb evidence against the defendant that he committed it. It's merely going to be suggested as the starting point between the feud between the parties. And we know that it has something to do with his feud because hours after his death, the defendant is shot while driving home multiple times. Lewisville PD asks tells him the next day that the vehicle that pulled alongside him belongs to the deedent's head of security.

[00:03:02]Two months later, more Sprinter van is shot up. So the the the the vehicle that pulled up next to Mo3, I mean that pulled up next to Yellow Bezy. Obviously I remember when Yellow Bezy got shot on the highway. He said the vehicle that actually, you know, was used in that the the attempted hit attempted assassination of Yellow Bezy was Mo 3's security guard's vehicle. I don't know if he was ever arrested for that or questioned for that, but you know, that's good information to know. Now, both of these shootings are not extraneous offenses committed by the defendant.

[00:03:34]They are not other bad acts committed by the defendant. They are not 44B evidence. Rather, they are contextual pre-existing events that led and explain why the offense occurred. They go to motive, your honor, because two months after Mo is shot or his sprinter van is shot up, the deedent releases his song 219. And in that song, he makes certain declarations that he is responsible for both shootings. Now, these declarations, these statements against interest leave no doubt in the defendant's mind who's responsible for the attempt on his life or the attempt on Mo's life.

[00:04:16]It is the state's theory, your honor, that the defendant and co-conspirator Moore conspired to finance the murder in retaliation for the attempts on their life. Anyways, so y'all can see now, see the prosecution throughout this time that I was watching, he continued to try to say that Trap Boy Freddy was a co-conspirator, right? Meaning he had something to do with it as well as Yellow Beey. Now, the defense is going to come later and be like, uh, he's not a co-conspirator and he's not a co-fendant. So, I don't know why they keep bringing Tra up. But what the prosecution is doing right now, he's showing the motive. The motive was Yellow Beey got shot. Uh, Trap Boy Freddy got shot. Mo three then made a song about those shootings that happened and took ownership of those songs. So therefore, the reason Mo3 got killed is that they were trying to get some get back. That's what the prosecutor is trying to say. But of course, you know, Yellow Bezy lawyer will defend that later on as well.

[00:05:14]>> The state's case is further supported by the subsequent events that occurred afterwards. We heard from Detective Barnes concerning the Unruly Citizens Concert.

[00:05:24]there Barnes and his partner felt they needed to step in because the violence had escalated to the point that it would be dangerous for the general public. Again, this event, the event in of itself is not 44B evidence, but what we do get is the defendant's admissions after the event, right? And the court got to see his social media post right afterwards. that goes directly to motive. And it is further evidence of ill will between the parties because he says it in, if you recall, everything is not sweet on this end regarding his relationship to the deedent.

[00:06:00]Right after the concert, your honor, we have the Vlad interview where we get to >> the VA, he means >> see the defendant or hear him um attempt to say that he doesn't know who the deedent is, right?

[00:06:15]And then we get a good insight into his beliefs concerning forgiveness and his need to get the lick back. These admissions are pure motive evidence.

[00:06:26]After that, we have the defendant the defendant's attack on Rainwater, the deena's manager.

[00:06:31]Then Moore is shot again. This time he's shot in the leg. Again, the shooting of of Moore is not 44B evidence.

[00:06:39]Two weeks later, the deedent is ambushed by Moore's associates at Vive in Houston. And then two months after that, we have the murder.

[00:06:49]This time timeline event goes directly to 3836 evidence about the prior relationship. It's contextual evidence concerning an ongoing feud, your honor, and it goes to show the motive of the parties. And the jury should be entitled to know what transpired before.

[00:07:06]and the state has a great need to show its case on motive as well as to corporate some of its witness's testimonies.

[00:07:15]So pretty much the lawyer trying to say, "Hey, listen. In order for us to prove the motive, we need these lyrics because the lyrics is a direct reflection of the motive of exactly what happened. Since the majority of this evidence is not 44B evidence, the state plans to introduce most of this evidence contemporarously with states witnesses as they testify to the charge offense.

[00:07:38]And when we look at ultimately the amount of evidence that's going to be produced concerning the feud, it will be negligible in comparison to the amount of evidence that we're going to put on concerning the murder.

[00:07:50]Your honor, this evidence, the feud evidence is not unfairly prejuditial.

[00:07:56]Regarding the rap music, no Texas court or federal circuit court has ever drawn a bright line concerning rap music.

[00:08:06]The CCA and hard and almost every federal circuit court, but I cite to the sixth circuit in Stucky recognize that rap music is highly prejuditial. But despite that recognition, they still conduct a 43 analysis.

[00:08:23]Um, in my recent filed response, I cited to two recent cases. There are only two cases from Texas since Hart. It is Brown and Williams, Texas Arcana and Fort Worth. Both of these courts adhered to Hart recognized that rap music is highly prejuditial, but still conducted their own 43 analysis. And in those cases, their lyrics were found to be more probative than prejuditial.

[00:08:48]While we don't prosecute individuals for rapping about music, your honor, in a murder prosecution, the lyrics can be probitative where they speak to the murder, the feud, the party's motives.

[00:09:04]You heard from Dr. Barnes, lyrics do not drive his investigation. It's his investigation that leads him to the lyrics. Even Dr. Neielson conceded that sometimes events in lyrics can be true.

[00:09:21]Last week we heard about rap music concerning how it depicts and glorifies criminal activity and violence and it speaks to and depicts guns, drug trafficking, the gang lifestyle, degragation of women, foul and overly aggressive and sexually language.

[00:09:40]But the songs that the state have selected do not contain all that. In fact, they they are braggadocious about criminal activity, but the criminal activity mentioned is directly on point to the charged office. They talk directly about placing bounties for reprisal. They talk about the murder and they talk about the feud. In fact, all the >> Hold on, hold up, hold up. Okay, so look, the lawyer the the prosecutor is like, "Listen, we know that most rap songs are about like murdering, mu, uh drugs, um you know, degragation of women, all that stuff, right?" But he was like, "But these specific songs that we have isn't about all that." Well, it kind of is, but all that ties back directly to the murder and ties back directly to Mo three. That's what he's trying to say. So, he's just the pretty much prosecutor is trying to say anything in his power to make the judge say, you know what, I get what you're saying. These lyrics are very vital to your case. Cuz it's vital. Whether the lyrics get used is vital for the prosecution and also the defense, right?

[00:10:38]because the defense is going to have a hell of a case to try to beat if they let the lyrics go through. So, it's critical that the defense stops the lyrics from being able to be used. And it's also critical that the uh it's critical that the prosecution allow, you know, fight to get the lyrics allowed to help their case out. So, it could come down to whoever is able to, you know, win that battle may win the case potentially.

[00:11:02]>> One of the cases, your honor, >> reference directly to the hit us the first case and the first song.

[00:11:11]This is the one that does not reference the deedent, but the court heard from Detective Barnes why it's important.

[00:11:17]During this feud was the first time the defendant ever talked about placing a bounty on someone.

[00:11:26]Then we have Kipping in the streets.

[00:11:28]Grand jury testimony shows that this song is a direct response to to the civil suit. The timing of that song, the context of the song is proative. It goes to the ongoing feud. It goes to motive and it shows the escalating violence between the parties.

[00:11:44]On your head, this song is a direct is directly on point to the charged offense. Both Moore and the defendant talk about placing bounties for reprisal and more takes the prosecution.

[00:11:56]>> The prosecution, like I told y'all, mentioned Trap Boy Freddy so much. Uh the the second time, the second day of trial that I went to, they played so much music from Trap Boy Freddy, right?

[00:12:07]So, it's kind of like that the prosecution keeps trying to tie Trap Boy Freddy and Yellow Bezy together. That's why you're going to hear the defense say, "But they're not together." Right?

[00:12:16]You can try to tie it all you want, but Traboy Freddy's not on any sort of trial. He's never been arrested for anything pertaining to this case either.

[00:12:25]So >> he says he's put 50 bags on the deceit.

[00:12:31]Grand jury testimony will show you that this song is eerily on point to the charts offense.

[00:12:38]Now defense defense is going to argue that Moore's lyrics in that song shouldn't come in because he's not a co-conspirator.

[00:12:46]Well, Moore's lyrics come in for two other reasons. One, it's a statement against interest. And two, it's an adoptive admission by the defendant. These are commercially produced songs and performed by the defendant. He has full editorial rights.

[00:13:01]And the fact that he kept it means he adopted it.

[00:13:04]>> Wow. So listen to what he just said, right? The prosecution just pretty much said the fact that Yellow Beey and and Trap Boy Freddy got a song together and let's say Trap Boy Freddy did say something to the degree of putting a bag on uh Mo 3's head. He said that that automatically applies to Yellow Beey as well because they're on a song together.

[00:13:28]So, Yellow Bezy is somehow adopting what Trap Boy Freddy is saying because he didn't get that portion of the song taken off because he has creative control to actually do that. He said he has full creative control. So, he adopted the same message that Trap Boy Freddy was putting off. That's what the prosecution is saying.

[00:13:46]Take three. Mo three. Take three. The title, the subject matter, the mockery of 219 or the mimicry of 219.

[00:13:54]The timing is so probative in this case, your honor, because hours after the murder, the defendant text messages this song to a codefendant, Jerry Johnson. And this song directly references the deedent, the murder, and placing bounties for reprisal.

[00:14:14]Equally as a pro as probative, your honor, is gassed up. We saw evidence that it was composed days after the murder. It appears not to be finished according to detective Barnes, but just the same, it was text messaged to Jerry Johnson. Again, another neverbefore released song. It speaks directly to the feud, the murder, and contains threats of continued violence towards HMS associates.

[00:14:40]Next, we have the computer uh co-conspirator songs, hypocrite, laugh now, shirt.

[00:14:47]We heard from Dr. Neielson. He says that these are celebratory songs of the murder of Moi.

[00:14:54]Here Moore lists out several autobiographical offense. And when he does it, he does it as justification for the murder as well as he outlines certain details of the murder in all three cases.

[00:15:07]This is probative retalatory motive and goes to the conspiracy.

[00:15:13]In fact, Laugh Now is probably the most important of the three because this is the song that he previews to the defendant during that Instagram post call live, right? And we get an opportunity to see the defendant's facial expressions as he's listening to the song, as he's reading the follower comments, and it reeks of consciousness of guilt.

[00:15:32]Now, in that situation, the state wouldn't be admitting that song for the truth of the matter, sir. It would go to his state of mind, the consciousness of guilt and motive. authorship.

[00:15:47]Defense raises the issue of officer concerning these songs. Uh yet in their motions, they concede that these songs are artistic expression of the defendants.

[00:15:59]Um and that's because they're raising a first amendment uh claim. You don't have first amendment rights to words that are not yours or speech that isn't yours.

[00:16:08]More more importantly, if we look at the cases where authorship is called into question, it is not commercially produced songs performed by the artists.

[00:16:17]Authorship is authorship is not an issue for your owner.

[00:16:23]This case is about Dallas rappers airing out their beef with their music.

[00:16:30]Rap music is part of this case, your honor. It is not a side feature to distract or mislead or confuse the jury.

[00:16:38]And we aren't doing it just to impugn his character.

[00:16:42]Rather, the lyrics and the music themselves expose the motive between the parties, the relationship between the parties, and in certain cases explain the events that led to it.

[00:16:54]As you heard from Detective Barnes, these were not just words. People were dying.

[00:17:02]He further told us that everyone in this case has been shot.

[00:17:09]This evidence, your honor, is not unfairly prejuditial.

[00:17:14]Your honor, the state is going to ask this court deny the defendant's motion eliminating and allow the jury to hear the full story to understand the motivations between the parties and to understand what transpired that led to this murder. Thank you.

[00:17:30]So that was the prosecution >> giving out why they believe that the lyrics should be used. Now this is Yellow Bezy's defense lawyer. Well, one of his defense lawyers and he's got to pretty much rebuttal everything that the prosecution just said. Uh and and you know give reasons as to why the lyrics shouldn't be used. And this is like I say one of the most crit Day three is very very critical. It may seem calm to y'all right now but this is actually super critical. 38. I saw the court's hearing brief and I emailed it to the court. Would you like a paper copy of it?

[00:18:01]>> Yes.

[00:18:02]>> May I ro?

[00:18:03]>> Yes.

[00:18:20]May please accord. Your honor, we just heard Mr. would all say that the evidence they seek to admit isn't 404 B2 evidence except 404B. I assume it means 44 B2, but it goes to motive. One of the exceptions to get in evidence not directly related to the crime that the court knows as an exception to 44 B2 is motive. So he said that these aren't extraneous ev uh these aren't extraneous acts or offenses but every piece of evidence the state wants to present to the court that doesn't go directly to the murder of Mo 3 um is listed in the state's amended notice of extraneous evidence dated July the 8th of 2026. So now suddenly the state is pivoting away from this being 404 B2 or even 3836 as simply being evidence showing my client's motive.

[00:19:21]Um it's important for the court, your honor, to um distinguish between words and deeds and between ideas and conduct.

[00:19:30]What the rap music in this case are words and deeds of Mr. Conway. Um, this is what he does for a living.

[00:19:42]You know, some of it, especially what we heard from uh the various more aka trap boy Freddy is distasteful uh in some people's eyes, but still they do have a first amendment right to make the music and to publish it. Can't be punished for exercising a constitutional right.

[00:20:02]and the three judge panel. Um, >> okay. So, the first defense uh that I just heard the defense makes is the fact that, hey, listen, yes, some of the music that y'all heard from Trap Boy Freddy, cuz like I told y'all on day two, they played a hell of a lot of Trap Boy Freddy music and Yellow Beasy music.

[00:20:19]So, he's like, "Hey, listen. Yes, the music is distasteful. Yes, they're doing dissing in the music, but they do have a first amendment right where you can say and publish whatever you want. So, you can't um you know, judge them based off the music that they're doing or we can't, you know, that that's not sufficient enough to use their lyrics in the actual trial because it's distasteful and they have the right to do whatever they want. On the other end, you got the prosecution like, "No, no, no, no, no." But the music that they're making is telling us the story of how such and such happened and what happened to such and such. Um, and like I say, this is his defense still going against what the prosecution said.

[00:20:57]>> And concurring at hand stated, your honor, uh, singing about drugs, guns, and murder is nothing new.

[00:21:04]It's as prevalent in our culture as singing about God and love. But what these lyrics and music videos have in common is that they are artistic expressions.

[00:21:14]Using someone's art in the guilt innocence phase of a trial only as character evidence has the potential of being unfairly predictable. That's exactly what the state's trying to do in this case, your honor. Um, now Hart, another distinction I want to put on Hart. It differs in our case only from our case only in the context of the introduction of the rat by state. Hart was convicted of capital murder, the same offense for which Mr. Conway is charged.

[00:21:41]in heart, the defendant testified and upon the um conclusion of his direct testimony, that's the point that the state moved to admit evidence of his rap music. The court criminal appeal still reversed Hart and granted him a new trial even though the defendant in Hart took the stand and the rap music that was admitted was as rebuttal evidence. Mr. is not taking the stand in this case.

[00:22:16]Now, I'm not sure how hard the state's pushing the notion that Mr. Moore, aka Trap Boy Freddy, isn't a co-conspirator.

[00:22:26]We heard last week Detective Barnes um make an analogy at, you know, with like a CEO of UPS who sent employees out to do things. Um Mr. Conway is not the CEO of anything. He doesn't control Trap Boy Freddy. He doesn't control any of the individuals involved in this case >> right there. So, that's a good point that the that the defense is the Yellow Beasy defense is making. He's putting a line down a middle of Trap Boy Freddy and also Yellow Beasy. He's like, "Listen, whatever y'all are trying to say the Trap Boy Freddy did or whatever y'all are trying to say he was rapping about, y'all can't intermix that with my client because previously they said Yellow Bezy was pretty much like a UPS CEO that sends his workers out to deliver packages, right? But that's why this guy's like he's not a CEO of nothing. And also, he's not sending anybody out to do anything at all.

[00:23:22]Period. Point blank." Uh, including sending Trap Boy Freddy to do nothing.

[00:23:26]everything everybody does. They have an individualistic mindset and they're individuals. They're not all combined combinations.

[00:23:36]What controls whether a person's a co-conspirator is Texas Penal Code 701.

[00:23:44]That's a co-conspiracy statute that goes directly to the charge or primary offense. What I believe the state's trying to do by trying to introduce all this extraneous evidence is they're trying to peg my client with Pinkerton liability, as I explained on my brief, which is section 702 party liability.

[00:24:06]We don't have any Pinkerton liability issues in this case, your honor. And I and I went into great detail about the difference between the two on pages 7 through nine of my brief.

[00:24:17]The actual alleged co-conspirators in this case are Jerry Johnson, Kiwan White, and Deon Brown. Why? Because they've been indicted. I attached the copies of the indictments in the appendix under 801 E2E, Texas Rules of Evidence 801 E2E, their statements, if it's in furtherance of the conspiracy, could be admitted, but they haven't made any substance statements in this case, which is why the state's not trying to introduce any of their statements. They're trying to introduce every statement either public or private that Trap Boy Freddy's made. Again, Trap Boy Freddy is not a co-conspirator. He's not a co-conspirator under section 701.

[00:25:01]Uh they're trying to allude that he's a co-conspirator under Pinkerton liability and section 702, but there's no evidence of it. They introduced no evidence.

[00:25:10]Detective Barnes himself stated, he testified under oath that at this time there's no probable cause to arrest Trap Boy Freddy.

[00:25:28]And we we keep hearing about a conspiracy and the state's attempt to introduce songs and statements made after Mo's murder. Uh the law is clear, your honor, as I point out on pages 11, 12, and 13, the alleged conspiracy in this case ended on November 11th, 2020 at about noon when Mo3 was murdered. Nothing said or done after that is evidence of a conspiracy unless it's for concealing the alleged crime. Now, does the state alleged that anyone involved whether as an actual or alleged co-conspirator did anything to conceal?

[00:26:11]No, the state is alleging the opposite.

[00:26:14]That they didn't just conceal it. They did the opposite. They sang about it.

[00:26:17]They went public about it. Those statements cannot be admissible, your honor. as I point out under 801 E2E because the conspiracy if anyone existed ended on November 11th 2020 at noon and further um there's a lot of case law on this that I pointed on page 13 of my brief the statements made by the various individual in this case through rap music or through Instagram posts or Facebook live posts um they're not in the further of a conspiracy your honor.

[00:26:53]Um, they're inadmissible hearsay and what they are is uh as the there are four types of statements that numerous Texas courts and published opinions have stated are not in furtherance of any conspiracy. I listed on page 13. The first one are casual admissions of culpability to someone the defendant had individually decided to trust, mere narrative descriptions, mere conversations between co-conspirators, and puffing or boast by alleged co-conspirators.

[00:27:26]Now, this case has a lot of puffing, has a lot of boasting, but that's all it has. Those statements specifically are not admissible as statements of co-conspirators.

[00:27:37]Next, your honor, we heard Detective Barnes make a comment that Mo 3's interview um with Cam Capone on April 6th, 2019, which was a little over 18 months before his death was as close to a dying declaration as we can get. I asked the court to order the state to instruct Detective Barnes that he cannot say dying declaration.

[00:28:01]That was not a dying declaration, Ron. A dying declaration is controlled by rule 804 B2.

[00:28:07]And one of the important aspects is that the declarant must have realized that he was at death's door. Now, we don't know exactly obviously what was going through Mo 3's mind. Detective Barnes speculated and said that well he you know had a general bad feeling that you know he might get hurt in some way sometime in the future. But we don't know what else type of conflicts Mo3 was into. Um, he was a rapper. Um, he was a provocative rapper. He, the evidence shows that he manufactured the beef, largely manufactured the beef with Mr. Conway for commercial purposes.

[00:28:56]Anyway, so a reason that they keep on saying that Mo3 manufactured the beef um because that can put it into the people's minds that hey listen now this beef was manufactured by the guy that was actually killed which could further show that you know give that'll give doubt that the lyrics are actually true just in case they are able to use the lyrics inside of the future.

[00:29:19]>> That's you know we heard from Dr. renewal. That's what these individuals do. They make up beefs. They manufacture them to cause controversy. Why? Because your honor, controversy sells. Um, an uncontroversial, friendly person, usually isn't an interesting person. And in our society, especially with social media and music, it's the edgy person, the person who says, you know, say crazy things sometimes.

[00:29:48]That's the person who's interesting.

[00:29:49]That's the person who draws attention to himself. That's the person that people will pay to listen to. That's what was going on with this case.

[00:30:00]Now, uh the state uh cites several federal cases, your honor. Um I argue that the reliance on those federal cases are misplaced because number one, those cases are not binding authority and none of the none of the facts of those cases support the state's contentions. The main three ones that I pointed out in my brief, your honor, are Perry, Campbell, and Alvarez. Um Perry, the relevant page is attached in um the appendix page 8, your honor. Um it's a 55page opinion. I only attached the first page and um the relevant page um and I just want to read from Harry. Um the general conclusion from courts is that this type of evidence meaning explicit rap videos and lyrics are permutative um and outweigh substantial prejudice when the defendant performs the songs describes them as closely related to the crime and the evidence is not cumulative. Okay, here you know simply wrapping about something regarding a beef is not wrapping about some facts that are closely related to the crime. Now if someone in this case Mr. comment for instance had actually wrapped about facts that go to what we believe that the grand jury witness may come to court to testify to those specific facts that led to that then yeah that would possibly be admissible. We don't have that in this case your honor. Um you know rappers make songs about putting hits on each other. They make songs about bounties. Again, you know, it goes to the edgginess and in some people's opinions, the crashness and u distastefulness of the music, but it's not evidence that Mr. Conway is making some sort of admission to committing the crime.

[00:32:01]And in Campbell, your honor, u which is actually the case that Detective Barnes testified to that he was involved in. Um that was in the fifth circuit opinion, your honor. That was from the Northern District of Texas. H your honor, the issue regarding the admission of rap music was about punishment. That was a punishment issue. Um I don't believe it's relevant at all because here the state's trying to get into this evidence during the guilt innocence phase. And then Alber as your honor, which is also cited by the uh state numerous times in this brief, the issue was um the admission of uh coredo music. Um, it's a kind of a sort of I guess it's sort of a Mexican folk music and that was admitted because the song in question memorialized a trip during which the drugs were tender was cooperative of the testimony of cooperating witness and there was no objection to the mission of the uh song which means that the uh fifth circuit review was for plain error. Plain error, your honor, goes beyond the scope, but it's almost impossible to overcome the plain error uh exception to uh fifth circuit appellet review. Now, the Texas cases relied upon by the state that um Mr. Bella mentioned, Williams and Brown.

[00:33:18]Uh first off, both those cases, your honor, were unpublished. They have no presidential value.

[00:33:24]Uh I just want to point out two brief issues with each case uh that I think are most relevant. In Williams, your honor, one witness um testified that they had made between 8 to 12 rap songs about the murder. So in Williams, your honor, the state put during the trial, the state put a witness on the stand who testified that he was either there or he helped the defendant make these videos or write the lyrics to these videos between 8 to 12 that discuss specific facts of the murder. We don't have anything like that here. what we have instead of Detective Barnes um speculating about what the meaning of the lyrics are.

[00:34:00]>> Okay, look. So, the prosecution said, "Hey, your honor, we have cases of the past." Y'all got to understand this, right? Within trials, the the law the the if the lawyers, if the prosecution can prove to the judge that previous cases went a certain way, then the judge will have to honor it and let the current case go that way as well. Right?

[00:34:22]That's why it's super crucial whenever anything new happens in the court because all further cases will proceed the way the current the previous case actually went. Now the prosecution's like, "Look, your honor, someone else was facing the exact same charge as Yellow Bezy, and the lyrics were able to be used inside of that case, but you have Yellow Bee's defense coming out, and he's saying, "Listen, yes, the lyrics were able to be used, but then it went and got reviewed by a bigger court." But not only that, um the circumstances within that case was actually different. um they had witnesses that actually got on the stand that said they helped the person that wrote the song uh actually write it and do the videos and stuff like that. So the the you know the the situations within the cases were actually different. The charges may have been the same but it wasn't the same sort of situation. So I guess that might be a little loophole that he's able to use >> are which as you heard Dr. and say that just is impossible because then you would have to assume that detective Barnes can get into the heads of the uh rappers which of course you can do. Um and then Brown, your honor, the um rap music was admitted u but it was admitted only after Brown got on the stand and testified that he didn't know the reason uh about uh his father's relationship with the woman, which was the state's theory about why he paid money to have his own father killed. Um he said that he wasn't angry about the relationship and he didn't know why his father died. Well, all that was rebutted by other witness testimony and also his own phone calls he had made from the county jail here. Your honor, again, again, I keep going back to it, but it's important to, you know, not know Mr. Conwood has not testified. that if he gets on the stand and makes certain, you know, statements that he has no idea um, you know, about why anyone's saying that like a certain song he made has anything to do with Mo 3's murder. Then yeah, under impeachment, the state may be able to get into that, but he hasn't done that yet, your honor. So I asked the court at minimum to hold off on admitting any of the rap songs that Mr. Conway made until we get to the point where it would maybe be admissible because he gets on the stand and testifies.

[00:36:46]Now, the state uh is also trying to get into this evidence during the guilt innocence phase, your honor, under article 3836 of the court of criminal procedure. It's important to note, your honor, that as clearly stated in Garcia, it's cited on page 21, evidence under article 3836, especially if it has to do anything about violence between the deedent and the defendant, it still has to meet the requirements of rule 404 and 403.

[00:37:18]You know, it's not 3836 isn't an end round to admit evidence of unsolved feud cases, uh, drill, rap music, or other alleged bad acts without the evidence being subjected to 403 and 44 A1 and 44B2.

[00:37:32]We just heard the state through Missella say that this isn't about 44 B2. It's not about 44B2.

[00:37:39]Then you know again these are unadjudicated cases for which the state the police don't have probable cause to arrest anyone and the state's trying to get into it during the guilt phase of this case.

[00:37:55]Now, um, we heard Detective Barnes testify last week, Arer, about, you know, you know, these shootings and how, you know, the shooting of Roy Pate started the feud.

[00:38:07]And, you know, we also had evidence of, um, James Browning's murder.

[00:38:12]>> Like I said, they talk about Roy Lee Pati um, a hell a lot during today's portion, day three. They talked about Roy Lee a lot. Y'all obviously know the Roy Lee trial and I mean not the Roy Lee trial but about Roy Lee and how that all went down and stuff. Well, some of y'all may know. For those that don't know, the detective, the lead detective on that trial was actually the detective that I covered on day two that's on this case.

[00:38:36]So, I'm sure in the future somebody will get um arrested for his murder and have to go on trial. So, uh >> just stay tuned. talked about um and Dewan Spike's murder um and the shooting of a third individual in the case um um Robert Ga being shot. Um now other than the um murder of Dewan Spikes for which someone already pleaded guilty um criminal district 4, your honor, um in front of Judge Collins, uh Randall Hunter in cause number F1976608 pleaded guilty to the murder of Dewan Spikes and received 20 years in prison.

[00:39:28]The state already has their defendant in that case. Uh to say that, you know, without there being any probable cause that Mr. Conway had anything to do with these murders, it's so prejuditial to allow evidence of these murders into the guilt phase. Um because again, there's no evidence that Mr. Conway had anything to do with it. Just because he may be tangentally associated with someone the state thinks may have done something in those cases doesn't make it admissible under any exception in this case during the guilt innocence phase.

[00:40:05]And then you know you have the September 1920 shooting at V Live in Houston where MO3 was doing a show. You know in that case Davis was shot in the head. Davis was one of the ones who ambushed Mo 3.

[00:40:18]Now, even if Davis is associated with Trap Boy Freddy's record label, which is how the state is associating Davis with Mr. Conway, this has nothing to do with Mr. Conway. Again, Mr. Conway didn't direct any of the actions and misfe, 2020. He doesn't control these people.

[00:40:36]There's no evidence that again, he is some sort of lead. You know, they're trying to pin Mr. Conway as some sort of leader of a gang. He's not a leader of a gang. He's not in a gang. He's never been accused of, you know, credibly accused of being in a gang. You know, they, you know, had pictures of this trap house in Oakliff that uh co-defendant Jerry Johnson owns that, you know, Quinoan White was seen in some of those pictures and um Theodore Thomas was seeing some of those pictures. Mr. has nothing to do with that trap house. There's no evidence that he went there to hang out, that he went there to deal drugs, to ingest drugs. I mean, that sort of evidence, your honor, is so prejuditial.

[00:41:23]And of course, you know, with Detective Barnes on the stand speculating about the meaning of pictures, we heard a lot of that on Thursday and Friday. Of course, any reasonable juror is going to think, well, is Mr. Conway involved in that? If Mr. Conway might be involved in all these unadjudicated shooting for which Mr. Uh, Detective Lawrence says that there's no probable cause to show that anyone's been uh charged or arrested. You know, they're going to think, well, if he may have been involved in that, maybe he did uh cause Mo 3's death. That's why as the gatekeeper, your honor, we ask that you keep this evidence out during the guilt innocence phase.

[00:42:04]Now, the unruly citizens const July 27th, 2019 that the state seeks to admit to show the beef between Mo3 and Mr. Conway. Um, that was a strange one. You know, again, logically, you know, if Mo3 was really booked for the show, the appear on stage with Conway, he would have entered the venue through the entrance that performers and the crew enter, not live streamed himself walking through the to the main entrance, you know, where he was arrested. And also, you know, there's no evidence that Mr. Conway had anything to do with MO3 being stopped. No evidence that Mr. Conway had anything to do with MO3 being denied entrance into the venue. In fact, you heard Detective Barnes testify that he was concerned about Mr. Conway and MO3 being on the stage at the same time. So, he contacted Frisco PD and they affected him being Mo being stopped from entering the venue. They affected his arrest.

[00:43:01]>> One moment. Who are those standing in the back? I'm going to need you all to sit down, please.

[00:43:08]Find the seat.

[00:43:15]Now, you you you uh you have copies of all the videos and all the lyrics uh that state wants to get into. I'm not going to go through every single one, but I start on page 25, 26, and 27 of my brief. Um, we argue that no evidence of the rat music is accredited or sent by Mr. Conway or anyone else is admissible during the guilt phase. Um, you know, you know, in again, you know, going through the state's amended notice of extraneous evidence dated July 8th, there's no evidence supporting the states detective Barnes contention that, you know, the song pick six or six peg, excuse me, um, from October 20th, 2017 had anything to do with the planning of the murder of Mo 3 or, you know, with the, uh, beef that again Mo3 largely um, manufactured for his own commercial benefit. During the hearing last week, you heard Detective Barnes, your honor, uh say for an instant that, you know, Mr. Conway is largely, you know, like a local rapper.

[00:44:21]Uh but then on cross-examination, uh Mr. Shook got him to get the barns to admit, no, no, actually, he already had a big national following. That's why Mr. Conway um you know is going to places like Los Angeles to do recording. Local rappers usually aren't invited to Los Angeles and New York to make rap music in numerous studios.

[00:44:44]And all these songs uh you know Keep It in the Street Love I Had, A Guardian Angel. Um none of them have anything to do with um any motive or any other exception contextual or otherwise about the murder of Mo 3 on November 11, 2020. Your honor, >> yeah, they got to keep I ain't going to cap, man. Well, this is so big whether they keep those lyrics on January 27th, 2021 song.

[00:45:11]>> Um >> hypocrite vital fact >> where trap Freddy is mocking the death of Mo 3. Again, that's not evidence that Mr. Conway or any alleged co-conspirator, the three other indicted gentlemen caused Mo3's death. Um, it doesn't fall under any exceptions of 44B2.

[00:45:29]It doesn't fall under 3836. Again, um, you know, these songs, it's true that a person, Mr. said this earlier. It's true that a person doesn't have a first amendment right to music or any expression that's not his own.

[00:45:49]However, these expressions are at least partly Mr. Conways and you know he can't be punished like if he crow wrote a song the lyrics for a song he can't be punished for expressing them especially here commercially. Um, and no evidence of the interviews of other uh social media posts are admissible during the guilt phase, your honor, like the live stream from the evening of MO3's death.

[00:46:13]Um, for Detective Barnes to sit up there and say in front of the jury, well, he doesn't seem bothered by it. Well, your honor, he Detective Barnes doesn't know Mr. Conway personally. He doesn't know how certain people uh react to a person's death. And I mean, you know, and Mr. Conway and Mo3 weren't friends.

[00:46:32]Um, usually people that are upset about that someone's death, it occurs that they knew them and had some affection for them. Um, here we have a case where, you know, Mo 3 largely manufactured a beef against Mr. Conway because he saw Mr. Conway as, you know, one of the premier rappers in the Dallas area. You know, Dallas is one of the largest metropolitan areas in the country. So that made Mr. comment especially after he went national one of the premier rappers in the country. Uh obviously you know Mr. um Noble Mo 3 has a lot of uh motive to manufacture beef with one of the top rappers in the country. That's what happened here and that's all that happened.

[00:47:21]And finally, your honor, as I point out on page 29 and 30, if the court takes the uh state's amended notice of extraneous evidence, they July 8, 2026 and runs them through the Montgomery and Gigalo Biano test, the court should find that none of it is admissible and even any of it that might come to the come close to the line of admissibility. um the presidential effect far outweighs a probative value to admit this evidence during the guilt innocence phase and before Mr. Conway takes a stand if he takes a stand.

[00:47:57]And also I just briefly mentioned your honor on page, you know, we didn't really do a 702 hearing, but you know, if the court uh consues last week's hearing as a 702 hearing, um Detective Barnes, your honor, isn't qualified to provide expert testimony about the meaning of videos, interviews, and social media posts unless a much stronger foundation is laid for the evidence because frankly, his testimony is nothing more than personal pains and narratives.

[00:48:27]So, at this point, he just said something that's true. The Detective Barnes guy already admitted on the stand that he didn't have anybody that would come to him and just give him information. So, he had to go look at YouTube videos. I'mma be real. Just like a lot of people uh just just fans of the music and fans of the artist, Both Sides, Mo 3, Yellow Beey, Traboy Freddy, everybody else. Everybody goes to YouTube and look and find everything, right? So, the fact that people were actually going to YouTube to find stuff, uh, that just shows that, you know, you know, it's not strong enough, right?

[00:49:01]Because in the YouTube space, you got a lot of people giving their opinions. Uh, and some people may be biased on the other party, right? That's why I try to stay in the middle of everything. But, you know, some people may be biased and fully riding with this side or fully riding with this side. So, if a detective stumbles across videos, which he said he got from YouTube already and admitted that, and he gets across a channel that's specifically biased on one side, then he'll be collecting some of the wrong information, which that could be some sort of doubt, right?

[00:49:32]>> Detective Barnes admitted, your honor, that he received little to no cooperation from people on the street about Mo 3's murder. He said that on stand.

[00:49:41]um he couldn't get evidence of witnesses, so instead he went to YouTube, started looking for evidence to match what he believes happened in this case. You know, M Detective Barnes belief isn't evidence, your honor. And he also admits that this is the first time he's worked a case like this where he's broken down rap lyrics line by line and tries to offer opinions of the meaning of lyrics. Now, as the court knows, jurors place great weight.

[00:50:08]>> They're going at that detective, Detective Bourne. are going in its credibility >> on expert testimony and the trial court has a heightened responsibility to ensure that the expert testimony is both relevant and reliable. Um, we believe that, you know, if Detective Barnes is allowed to testify before the jury, as he did here, that the jury will place great weight on his testimony and believe that his personal opinions about the meaning of lyrics and, you know, about what Mofrey was thinking during the Capone interview is actual fact and it's not fact. He pretty much saying, "Listen, it ain't no way in blue hell we're going to be able to allow you should allow the detective Barnes to give his personal opinions on what he thinks Mo 3 was thinking like he can get inside of MO3's head, which he can't.

[00:50:56]There's no way you should allow his testimony or what he's saying on the stand to be used in the actual trial.

[00:51:02]Remember, this is just a pre-trial where the judge is going to allow certain things and not allow certain things."

[00:51:07]Like, she's either going to allow the lyrics to be used or not allow the lyrics to be used. she's either going to allow some of the stuff that the detective Borne said or not allow some of the stuff that the detective Bourne said and it's all going to be up to her discretion. So that's why they're pleading with the judge um that she makes the decision cuz she's the gatekeeper >> and that's all.

[00:51:26]>> Thank you very much.

[00:51:29]>> Anyway, so as far as this goes, right, as far as the trial goes, um there there are some other pre-trial hearings that's going to actually happen. Um, but other than the pre-trial hearings, there's also going to be the actual trial that's going to happen. We got people that's got to take the stand. We've got tons of witnesses that's going to be coming in.

[00:51:47]Um, we've also got um I mean, pretty much just the witnesses. That's what a lot of people's waiting to see. Uh, we do know that they did I believe Trap Boy is supposed to be called as a witness.

[00:51:58]Um, but that pretty much happens to anybody that's involved with the case, right? You'll get a subpoena. When you get a subpoena, you have to go. It's not like you can be like, "Nah, I don't want to go." Unless you want to be held in contempt and then be sent to jail. So um of course you can plead the fifth. You don't have to uh say any, you know, give up anything, but you are on a stand where you have to tell the truth. And if they find out you wasn't telling the truth, then you can be held in contempt of court or uh no, it's not called contempt of court. It's called um I forgot what it's called, but lying on the stand. Either way it goes, um this trial is definitely heating up. It's definitely interesting and something to watch, especially for the people uh that's in the streets. If you're on the streets, you should be listening to every single thing that they said. Um because this could definitely be you one day. Especially if you out doing hits and stuff like that. Uh this could definitely be you. So hey, man, y'all be careful what y'all got going on out here in these streets, man. Cuz uh it's the real deal Holyfield.

[00:52:55]Anyways, let me go and close it out. So uh but anyways, hey man, make sure y'all subscribe to the channel. Uh hit the like button. Hypen me up. You know what I'm talking about. I'mma definitely double back because we do got day four of the trial coming up as well. Anyways, let me know something comment down below. Let me know what you think about this entire deal.

[00:53:16]I'm out.