Richard Joseph Martin, a member of the Rolling 60s Crips gang, was convicted of shooting fellow gang member D’Quay Harris repeatedly. Martin believed that Harris and another member of the gang, Ervin Terry, had robbed him and his stepdaughter. Initially, Harris was paralyzed but later died after a urinary tract infection developed into sepsis. During Martin’s murder trial, the prosecutor introduced into evidence Martin’s tattoo, which featured a bent stop sign at Seminole Street and a rat with its mouth taped shut hanging from the stop sign. Coincidentally, the shooting of D’Quay Harris took place at the intersection of Seminole Street.
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| Richard Martin at Ector County Detention Center |
Martin argued that the introduction of the tattoo was highly prejudicial. He argued that using his tattoo violated his Fifth Amendment protections against self-incrimination and his First Amendment right to freedom of speech. This court argued him and reasoned that the tattoo could serve as highly relevant evidence. The appeals court viewed the tattoo as a “confession.” The court reasoned that this relevancy outweighed any possible prejudicial impact of the tattoo and it did not violate either his first or fifth amendment rights. The appeals court recognized that tattoos can constitute protected speech but reasoned that the First Amendment does not prohibit the use of tattoos as evidence in crime. While courts increasingly recognize that tattoos are a form of pure speech, courts allow them to be introduced into evidence in criminal trials, particularly when they appear to be connected to the actual crimes committed.The jury sentenced Martin to life, which means he will serve at least 30 years in prison before he can be considered for parole, not including any credit for good conduct.
I believe that tattoos are an expression of free speech. However, when it comes to using tattoos for evidence if it relates to crime and conviction, tattoos can give insight into the nature of the human being and possibly the events that occurred around the crime. In the case involving Martins and his sentence to murder, I completely agree with the courts decision to use the tattoo as for evidence.
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