Terroristic threat or rap lyrics? Judge says jury must rule in trial of ex-SIUE student

http://www.bnd.com/2010/05/29/1274375/terroristic-threat-or-rap-lyrics.html#ixzz0pLcFsQst

A former Southern Illinois University Edwardsville student will stand trial over the writings found in his car about going on a "murderous rampage" similar to that of the Virginia Tech shootings.

Madison County Circuit Judge Richard Tognarelli ruled Friday that it's up to a jury to decide whether 25-year-old Olutosin Oduwole committed the crime of attempting to make a terroristic threat.

Oduwole's attorneys had asked the judge to dismiss the charge, on grounds that his writings were just rap lyrics, protected by the Constitution. His attorneys argued that his words were similar to Johnny Cash singing about shooting a man in Reno, just to watch him die, or Bob Marley singing about shooting the sheriff, but not the deputy.

In 2007, SIUE police seized Oduwole's car from campus and found the following note inside: "Send $2 to PayPal account. If this account doesn't reach $50,000 in the next 7 days then a murderous rampage similar to the VT shooting will occur at another highly populated university, this is not a joke!"

Defense attorney Jeffrey Urdangen argued in November that the charge should be dismissed on constitutional free-speech grounds.

Tognarelli wrote in his ruling: "It is the defendant, alone, who maintains that the note is rap lyrics. The front page and upper part of the note is written in black ink, and appears to be somewhat rhythmic and lyrical in nature. However, the bottom portion of the note does not appear to have any connection to the rest of the note -- spatially, lyrically, rhythmically, or otherwise -- and the bottom threatening portion of the note is written in blue ink and does not appear to have any connection to the portion of the note written in black ink."

In a written response to the defense motion, Madison County Assistant State's Attorney Jim Buckley highlighted the note's phrase about the PayPal account reaching $50,000 within seven days. Buckley argued: "Bob Marley does not sing, `I shot the sheriff, and in seven days I'm going to shoot the deputy.'"

Urdangen declined comment Friday on the judge's ruling.

At the time of his arrest, police had been investigating Oduwole's alleged attempts to buy and sell guns on the Internet.

Along with the note, police found a ski mask and ammunition in Oduwole's car. After finding the note, police arrested Oduwole and searched his campus apartment, where they found a handgun.

Tognarelli, in his ruling, also noted that Oduwole had recently purchased four semiautomatic weapons and was awaiting their delivery.

Oduwole is free on $120,000 cash bond. In November, his attorneys said he was living in New Jersey and taking college courses there.