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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
UNITED STATES OF AMERICA,
v.
D-5
D-7
D-8
D-12

CRIM. NO. 15-20652

Plaintiff,

HON. GEORGE CARAM STEEH

QUINCY GRAHAM,
JEROME GOOCH,
MICHAEL ROGERS,
JEFFERY ADAMS,

Defendants.
_______________________________/
GOVERNMENT’S SUPPLEMENTAL BRIEFING
As part of its Order Denying Defendant’s Motion to Preclude the Government’s
Use of Rap Lyrics and Rap Videos at Trial, the Court ordered that the “government
shall provide defendant[s] and the court with the specific excerpt that it intends to
present…[and] restate the purpose for which the evidence is being offered and submit
a transcript identifying the speakers in the clip.” See Docket Entry (DE) 790 at 18.
Next Tuesday, the government intends to call Detroit Police Sergeant Edward
Brannock and FBI SA Vicente Ruiz and will seek to enter certain videos and rap songs
into evidence. Of the eleven rap songs identified in its initial briefing to the Court, the
government will be seeking to offer seven rap songs / videos into evidence at this trial.
Below is the government’s statement as to the relevance and theory of admissibility.

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Exhibit 86: Welcome to Hob City (rap video); the government intends to play
the complete video. The lone rapper in this video is Donnell Hendrix, a/k/a Hardwork
Jig. Other individuals seen throughout the video include, among others, Jerome Gooch,
Eugene Fisher, Derrick Kennedy, Corey Bailey, Devon McClure, Demetrius Pope, and
Martez Hicks. The video also has clips of local news stories spliced into it.
Relevance: This song lays out the history of the Seven Mile Bloods:`
identifies how SMB are “flipping pills,” how Hendrix “came home and
Rome [Gooch, standing directly behind him] show me this is what he do,”
identifies their claimed area as the “Red Zone,” how “everybody in my
neighborhood claiming red,” utilizes the code “7-6-2,” discusses “trappin”
and other drug trafficking references; how Ihab Maslemani was on trial
for murder and made the news; how they believe that “Bleek,” a/k/a
Jonathan Murphey, a former SMB member, cooperated with law
enforcement; and how “Cheech eating good,” a reference to co-defendant
and fellow SMB member Anthony Lovejoy. The opening scene show a
prominent corner in the Red Zone, Coram and Crusade. Finally, it
relevant to rebut the defenses already stated on the record that the Red
Zone is a made-up area by law enforcement and that SMB members and
associates do not act together.
Theory of admissibility:

The government would offer the lyrics
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highlighted in yellow pursuant to Fed. R. Evid. 801(d)(2)(E). The nonhighlighted lyrics are verbal acts – not being offered for the truth of the
matter asserted. The entire song would also be admissible as statements
defendant Gooch manifested as adopted or believed to be true pursuant
to Fed. R. Evid. 801(d)(2)(B) since he appears in the video nodding along
with his assent.

Exhibit 87: Murda (rap video); the government intends to play the complete
video. The rappers in this video are Devon McClure, Billy Arnold, and Corey Bailey.
Other individuals seen throughout the video include, among others, Michael Rogers,
Donnell Hendrix, and Diondre Fitzpatrick.
Relevance: the video opens with McClure standing in front of a vacant
house “tagged” with “Red Zone” graffiti; the entire song talks about the
existence of the Seven Mile Bloods and the violent nature of that group;
lyrics reference 55, Red Zone, and SMB’s involvement in various
racketeering activity including murder, drug distribution, and witness
intimidation; and the entire song is a threat to rival gangs and “snitches.”
Finally, after the shooting on May 10, 2015, Billy Arnold texts several SMB
members, including Quincy Graham, to post the Devon McClure verse
on the rival gang’s website. See Government Exhibit 11DD, page 3.
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Theory of admissibility:

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The government would offer the lyrics

highlighted in yellow pursuant to Fed. R. Evid. 801(d)(2)(E). The nonhighlighted lyrics are verbal acts – not being offered for the truth of the
matter asserted. The entire song would also be admissible as statements
defendant Rogers manifested as adopted or believed to be true pursuant
to Fed. R. Evid. 801(d)(2)(B) since he appears at the beginning of the
video and again during the Billy Arnold verse.

Exhibit 88: I’m Working (rap video); the government intends to play the video
from 0:00 – 3:40. The rapper in this video is Donnell Hendrix, a/k/a Hardwork Jig.
Other individuals seen throughout the video include Derrick Kennedy, Corey Bailey,
Billy Arnold, and Jeffaun Adams.
Relevance: This song’s lyrics and video demonstrate the SMB drug
trafficking with an simulated drug transaction outside of a “trap house”
acted out during the song’s lyrics; begins with a “shout out” to “Smokie”
a/k/a Michael Rogers; refers to the “Zone” and the drug dealing that
occurs there; identifies the criminal activity that occurs in “my hood” as
“organized crime” [a direct response to the stated defense that SMB are
simply “disorganized crime”] his “clique full of heathens,” and the “gang;”
discusses how weapons are readily available in the neighborhood to
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protect the drug dealing; and identifies certain SMB members including
appearances by Arnold, Bailey, Kennedy, Jeffaun Adams, and references
to “Dub” a/k/a Quincy Graham and “Block” a/k/a Devon McClure.
Additionally, the video shows the participants’ gang affiliation including:
(1) references to “55;” (2) showing Rex and Novara streets, streets directly
inside the Red Zone; and (3) wearing red clothing (for example, Arnold
wearing a red ski with 7 Mile printed on it).
Theory of admissibility:

The government would offer the lyrics

highlighted in yellow pursuant to Fed. R. Evid. 801(d)(2)(E). The nonhighlighted lyrics are verbal acts – not being offered for the truth of the
matter asserted.

Exhibit 89: 55 Dubb-Greatest Show on Earth (rap video); the government
intends to play the complete video. Quincy Graham opens the video by talking as he
and others stand outside of a club. The rapper in this video is unidentified. Other
individuals seen throughout the video include Derrick Kennedy, Jerome Gooch, Corey
Bailey, Devon McClure, Arlandis Shy, and Billy Arnold.
Relevance: In this music video, Quincy Graham, a/k/a “Dubb,” Billy
Arnold, Jerome Gooch, Corey Bailey, Arlandis Shy, Derrick Kennedy, and
other SMB associates appear in this rap video, which is shot at a strip club.
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Graham, amongst others, is seen on stage throwing cash. The song
explains how when the SMB members need to buy new, expensive things
they make and sell drugs, stating “whip it up… in da kitchen,” referring
to cooking crack cocaine. This video shows the wealth that comes from
the enterprise’s activities. While the SMB members are throwing cash, the
song describes their designer clothes (True Religion jeans), watches
(Rolexes or “Rollis”), and cars. The rap also discusses how the SMB
enterprise protects its wealth with a “choppa…full automatic,” referring
to an automatic firearm.
Theory of admissibility: The lyrics are verbal acts – not being offered for
the truth of the matter asserted. Additionally, the entire song would also
be admissible as statements defendant Graham manifested as adopted or
believed to be true pursuant to Fed. R. Evid. 801(d)(2)(B) since this song
and video are posted on YouTube under his name.

Exhibit 90: RoDaGreat-Bleek Ft ADA Skippo (rap song); the government
intends to play the video from 0:00 – 2:03. The rapper in this video is Robert Brown
II, a/k/a RO Da Great.
Relevance: This song’s lyrics are essentially a threat to “Bleek,” a/k/a
Jonathan Murphey, a former SMB member, who Brown and other SMB
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members believe cooperated with law enforcement (especially about
Brown’s involvement in the 2006 murder of Cleo McDougal); Brown
speaks about how “Bleek a cop, so I gun him down;” Brown also
references that he is not acting alone and that his is a “team full of killers,
don’t play around” and “if you want war, we at you now.” While this song
is directed at “Bleek,” it is also an implicit threat to anyone who provides
information to law enforcement about SMB or their activities.
Theory of admissibility:

The government would offer the lyrics

highlighted in yellow pursuant to Fed. R. Evid. 801(d)(2)(E). The nonhighlighted lyrics are verbal acts – not being offered for the truth of the
matter asserted.

Exhibit 72: POTNAS (rap song); the government intends to play the complete
song. The rapper in this video is Billy Arnold.
Relevance: Arnold sings about doing everything for and with his “potnas”
or partners. The government will present evidence through cooperating
co-defendants, and has done so through Matleah Scott, that spinning
corners in rentals is a reference to shootings at rival gang members or
“ops” and will show that is what happened on May 1 and May 8, 2015.
This song is persuasive evidence that Arnold does not act alone and his
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actions are motivated by his ties to the gang. The references to “Whytes”
is to the deceased SMB member Jason Gill who was killed on February
26, 2015. Arnold also raps about from age 17 dealing drugs with his
partners in the Red Zone. Finally, the references to “su-wooing” and “5ing” are common ways the SMB refer to each other and Arnold is
reinforcing that nothing that has occurred by July 2015 (when this song
was recorded) has changed that.
Theory of admissibility:

The government would offer the lyrics

highlighted in yellow pursuant to Fed. R. Evid. 801(d)(2)(E). The nonhighlighted lyrics are verbal acts – not being offered for the truth of the
matter asserted.
The government also intends to offer the rap song and video, Camp 9, as Exhibit 262
later in the trial. The government will supply supplemental briefing as to that video’s
relevance and theory of admissibility prior to seeking to introduce that exhibit.
Respectfully submitted,
MATTHEW SCHNEIDER
UNITED STATES ATTORNEY
Dated: February 10, 2018

/s/ Christopher Graveline
CHRISTOPHER GRAVELINE (P69515)
Assistant United States Attorney
211 Fort Street, Suite 2001
Detroit, MI 48226
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(313) 226-9100
christopher.graveline2@usdoj.gov
JULIE A. FINOCCHIARO
Trial Attorney
U.S. Department of Justice
1301 New York Avenue, N.W.,
Washington, D.C. 20530
Telephone: (202) 514-0842
Julie.Finocchiaro@usdoj.gov
JUSTIN WECHSLER
Trial Attorney
U.S. Department of Justice
450 5th Street, NW
Washington, D.C. 20530
Justin.Wechsler@atr.usdoj.gov

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on February 10, 2018, I electronically filed the
foregoing document with the Clerk of the Court using CM/ECF, for uploading and
service by electronic notice to counsel and parties authorized to receive electronically
Notices of Electronic Filing.
/s/ Christopher Graveline
Christopher Graveline
Assistant United States Attorney

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