Thursday, Nov. 12, 2009

Judge delays ruling on former SIUE student accused of attempting to make a terrorist threat

EDWARDSVILLE -- A judge heard arguments Thursday and said he'll rule later on whether a former SIUE student's writings about going on a "murderous rampage" were rap lyrics or a threat.

Circuit Judge Richard Tognarelli said he was taking the arguments under advisement in the case of Olutosin Oduwole, who is charged with attempting to make a terroristic threat.

The charge stems from a note found in Oduwole's car in July 2007, after police took the vehicle from a campus parking space. Police were investigating Oduwole's alleged attempts to buy and sell guns on the Internet.

The note stated: "Send $2 to PayPal account."

It also stated: "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 attorneys argue the writing was rap lyrics - free speech protected by the First Amendment. Defense attorney Jeffrey Urdangen argued the charge should be dismissed because "it's the right thing to do, your honor, to uphold sacred protections."

Oduwole, wearing a sweater vest and sport coat, attended the hearing Thursday but was not called by his attorneys to testify.

Oduwole's attorneys argued that he's an aspiring rap star, and the note contained lyrics he wrote for a song.

Urdangen argued that the judge doesn't even need to find that the words are lyrics, because the words were never communicated to anyone.

"You can't have a true threat without communication," said Urdangen, who teaches criminal law at Northwestern University.

One of Urdangen's law students, Casey Gillece, added, "There's no evidence that there was any recipient intended for this note."

Assistant State's Attorney Jim Buckley argued that Oduwole, 24, had purchased four guns online and was awaiting their delivery, but police were able to "connect the dots."

"These are not lyrics," Buckley argued. "These are very scary threats."

The defense attorneys had argued in a written motion that song lyrics often contain references to homicide. They cited a song in which Bob Marley sang about shooting the sheriff but not the deputy, and another in which Johnny Cash sang about shooting a man in Reno, just to watch him die.

But Buckley argued in a written response: "Bob Marley does not sing, 'I shot the sheriff, and in seven days I'm going to shoot the deputy.'"

SIUE kicked Oduwole out of school shortly after his arrest.

In addition to the terroristic threat charge, Oduwole is facing lesser charges of theft, computer fraud and unlawfully possessing a weapon on a university campus.

Oduwole is free on $120,000 cash bond. He now resides in New Jersey and is taking college courses there.

Justin Kuehn of Belleville, another defense attorney, asked Tognarelli to reduce the bond to $60,000 in cash, in part so Oduwole can hire some expert witnesses. Kuehn said Oduwole has not missed any court appointments.

Buckley replied that, soon after Oduwole's original arrest, he was caught trying to buy a gun in Missouri by stating on an application that he was not under indictment for any felony charges.

Oduwole has put a number of his rap songs on YouTube in recent months, including one titled "Not Guilty," which states that it's about his arrest.

The lyrics of that song apparently state: "First they put my name up on the news, lied about me on TV, tried to say I was just like that Asian that shot up VT."

The song continues: "Let these haters crush my dreams, and let them (expletive) on my name. That'll be the day I cop a chrome D Eagle, hollow tip in the chamber, put a bullet to their brain."

A "chrome D Eagle" is an apparent reference to a Desert Eagle handgun.