Olutosin Oduwole, 26, was sentenced Wednesday, Dec. 21, to five years in prison for making a terrorist threat in 2007 while a student at Southern Illinois University Edwardsville.
At Oduwole’s sentencing in Edwardsville prosecutors and defense lawyers offered conflicting “yelling fire in a crowded theater” analogies. Prosecutors say that’s pretty much what Oduwole did.
Oh no, argued defense lawyer Justin Kuehn. It’s more like walking into a crowded theater to yell fire and then changing your mind and leaving without doing it.
Oduwole was convicted Oct. 25. I was not at the trial but after listening to arguments Dec. 21 and reading about the case I have this spin: It’s like walking into a crowded theater to yell fire, changing your mind and leaving — and then having police discover matches, accelerant and a map of the inside of the theater in your car.
Defense attorneys continued an argument Dec. 21 that they lost at trial. They said that the threatening words Oduwole wrote — which they say were really rap lyrics — were never conveyed to anyone so an essential element of the crime is lacking.
Prior to this week what I knew about this case is that Oduwole somehow was convicted because in July 2007 police found a piece of paper with threatening words on it. The paper was inside his locked 2001 Ford Taurus and not visible from outside the car.
It was discovered only after police did an inventory of the car’s contents prior to a tow. The car had been abandoned on campus.
The words were: “If this account doesn’t reach $50,000 in the next seven days then a murderous rampage similar to the VT shooting will occur at another highly populated university. THIS IS NOT A JOKE!”
VT refers to Virginia Tech. Three months earlier a lone student gunman killed 32 on campus, wounded 25 and then killed himself.
Oduwole did not take the witness stand at trial. His attorneys have said the scribbling was potential rap lyrics for a possible song. Oduwole, whose rap name is Tosin Potion, dabbles in gangster rap.
His attorneys say they will appeal his conviction. They contend this case is all about the First Amendment and free speech. You’d think that as a journalist I’d be supportive of that. But I’m not because there are other troubling facts.
Oduwole already was under investigation before his car was towed. A gun dealer testified at trial that he was alarmed by Oduwole’s hurry to get his hands on four guns he had ordered over the Internet.
On July 12, 2007, the gun dealer was so worried he notified the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Oduwole never received those guns. But police later found a loaded handgun at his on-campus residence. For that violation he was sentenced to 364 days in the Madison County Jail. (He will serve that time concurrently with the five-year prison sentence.)
Why was Oduwole so anxious to get four more guns only days before police found what they say is a terrorist message to kill people?
No one has said. Madison County Circuit Judge Richard Tognarelli mentioned that unanswered element prior to sentencing.
“There has been no good explanation regarding the weapons and there still isn’t,” he said.
Jurors are not supposed to draw conclusions if a defendant declines to testify. I can only assume that Oduwole’s lawyers thought that putting Oduwole on the stand to explain the guns would have hurt him more than helped him.
The sentencing range was from probation to 15 years. Defense lawyers wanted the minimum and prosecutors the maximum.
The judge received 23 letters seeking leniency for Oduwole. They described the defendant as caring, compassionate, non-violent and someone who worked in the community to end rape.
When I watched two of Tosin Potion’s videos I noted use of the N-word, as well as the misogyny and violence that are part of the genre.
I wondered: Who are you really? Compassionate, non-violent friend? Gangster thug who disrespects women? Terrorist?
Oduwole spoke softly to the judge prior to sentencing. It was nearly impossible to hear him.
“This experience has taught me that as a person and as a musician I have to be conscious of my words,” Oduwole said.
“America has provided an opportunity for myself and my family to be successful,” he said. I also heard, “It was never my intent.”
Defense lawyer Jeffrey Urdangen, a professor at Northwestern University Law School, criticized the “all-white” jury and hinted at racism. (Oduwole is black and a citizen in both the United States and Nigeria.)
Urdangen said jurors didn’t do their job, didn’t follow instructions and were “frightened and distracted” by the brandishing of weapons in the courtroom at trial. After the hearing, Urdangen told reporters any “responsible” prosecutor would never have brought charges.
So what we have is a losing attorney implying the jury was a bunch of redneck yokels and labeling the state’s attorney as irresponsible.
Urdangen called this case a “A First Amendment train wreck” and said the conviction was “based on no evidence.”
If that’s true, sounds like it should have been a slam-dunk acquittal. Maybe it’s not the jury that didn’t do such a great job, professor.
Steve Pokin is a columnist for the Suburban Journals. He can be reached at spokin@yourjournal.com or by phone at 618-344-0264, ext. 126. His column is on Facebook at www.facebook.com/PokinAround.
