Supreme Court says rap music evidence allowed during trial

JEFFERSON CITY, Mo. -- Prosecutors properly used rap music to illustrate to jurors the state of mind of a man convicted of murdering two Randolph County jailers, the Missouri Supreme Court ruled Tuesday.

In upholding the death sentence of Michael Tisius, the seven-member court unanimously found that it was relevant for prosecutors to play the song "Mo' Murdah" by rappers Bone Thugs n' Harmony during the penalty phase of Tisius' trial.

Tisius had argued that the state had failed to show a connection between the content of the song and the murders of jailers Leon Egley and Jason Acton in June 2000.

The state contended that while the music did not cause Tisius to kill the jailers, it showed that he was preparing to commit the crime, making the song relevant evidence as to his state of mind.

"The introduction of the song supports the state's arguments that the appellant 'psyched' himself up for the murders and that they were committed in cold blood," Judge Ronnie White said.

Tisius also had argued that the jury was unfairly prejudiced when the song was played. But White said there was no convincing evidence of that. Neither the state nor the high court suggested that anyone who listened to a certain type of music endorsed the actions or themes portrayed in it.

Official's support

The decision to allow the music to be played was defended by Attorney General Jay Nixon's office.

"We believe the Supreme Court's decision was appropriate and we will continue to oppose any other efforts by Michael Tisius to escape the sentence," said Nixon spokesman Scott Holste.

Deborah Wafer, a public defender representing Tisius, had not read the court decision but said, "we will be pursuing all available avenues of relief."

Wafer was seeking to have the death penalty phase of the case reheard.

The court also ruled against eight other claims by Tisius ranging from a lack of sufficient evidence to failure of the court to notify attorneys that cameras would be allowed in the courtroom.

Roy Vance, whom Tisius unsuccessfully tried to break out of jail, received two life prison sentences without parole for his part in planning the crime. Tracie Bulington, who accompanied Tisius to the jail, also received two life prison terms but could be eligible for parole after about 25 years.

Tisius and Bulington were arrested in Wathena, Kan., about 130 miles west of Huntsville, on the morning of the shooting.

Egley, 33, was the jail supervisor and a member of the Huntsville City Council. Acton, 36, was in his second month as a deputy at the jail. Neither was armed at the time of the shootings.

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On the Net

Missouri Supreme Court: www.osca.state.mo.us