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Cousin's Confession Sparks Death Penalty Appeal
24 Apr
Summary
- Demarius Cummings confessed to being the shooter in 2008 murders.
- James Broadnax faces execution, partly due to rap lyrics.
- Supporters cite racial bias in jury and use of artistic expression.

Demarius Cummings has confessed to the 2008 murders of music producers Stephen Swan and Matthew Butler, stating his cousin, James Broadnax, is not the shooter. Broadnax is currently on death row and scheduled for execution on April 30, 2026. Cummings' confession, made to aid Broadnax's clemency efforts, asserts that he alone committed the killings.
Broadnax was convicted in 2010, with prosecutors using his rap lyrics as evidence of his violent nature during the sentencing phase. His legal team and supporters are now arguing that the trial was compromised by a predominantly white jury and the prejudicial use of his artistic expression. They are pursuing appeals based on Cummings' recent confession and alleged racial bias.
Legal experts and artists, including rapper Killer Mike and representatives from Free Our Art, have lent their support to Broadnax's case. They argue that using rap lyrics as evidence disproportionately affects young Black and Latino men and perpetuates harmful stereotypes. A proposed federal bill, the Restoring Artistic Protection (RAP) Act, aims to prevent such practices.
Despite the ongoing legal challenges and appeals to the Supreme Court, Broadnax's execution date looms. The victims' families have expressed their desire for the execution to proceed. Broadnax, currently on death row, continues to write poetry, expressing regret and reflecting on his situation, a stark contrast to the lyrics presented in court.