ACLU files civil suit on behalf of man who was jailed after posting EXODUS song lyrics on Facebook

The American Civil Liberties Union has filed a federal lawsuit on behalf of a Muhlenberg County man who was jailed for eight days last year after song lyrics he posted on his Facebook page prompted law enforcement to charge him with felony terroristic threatening.

On Monday, the ACLU filed papers in U.S. District Court on behalf of James E. Evans, who was charged with first-degree terroristic threatening in August after Evans posted some of the lyrics to the song “Class Dismissed (A Hate Primer)” from the band Exodus on his Facebook page.

The complaint names as defendants both Muhlenberg County and Muhlenberg County Police Department Officer Michael Drake, who filed the probable cause affidavit against Evans. The complaint says Drake allegedly “knowingly and intentionally made a material misstatement of fact” when preparing the affidavit that led to Evans’ arrest.

The complaint also says Drake allegedly “knowingly and intentionally omitted relevant and material information from his affidavit that, had it been included, would have established that probable cause did not exist to arrest (Evans) for any alleged criminal wrongdoing.”

The complaint says Evans, who was not a student or involved with the schools, posted the lyrics on his Facebook page on Aug. 24.

The lyrics Evans posted contained the lines: “Student bodies lying dead in the halls/A blood splattered treatise of hate/Class dismissed is my hypothesis/Gun fire ends the debate/All I ever wanted was a little affection/But no one ever gave it to me/My hate primer’s the result of my rejection/You’ll die for it, and I’ll die for thee.”

At the time the song was released, the band described the song in interviews as being about the incidents such as mass shootings at Virginia Tech and Columbine High School. After Evans was arrested, band songwriter Gary Holt said the song “in no way endorses” school violence, and the song “was written through the eyes of a madman.” In a statement, the band expressed their support for Evans.

The complaint says Evans had posted song lyrics on his Facebook page before. The complaint says law enforcement officials from several agencies became aware of the posting on Aug. 24, and a trooper for the Kentucky State Police and the chief of the Greenville Police Department identified the posting as song lyrics that day.

The complaint says Evans was interviewed at his home by Central City police officers, but the officers did not arrest or charge Evans with an offense. The interview, which was recorded, includes one of the officers telling Evans, “‘I’m not trying to tell you what to do. You have the right to freedom of speech. I’m not trying to infringe on that.'” Evans’ wife told officers Evans does not possess any weapons, the complaint says.

Drake filed his probable cause affidavit on Aug. 24; the complaint cites Drake’s affidavit, which says Evans “committed the offense of Terroristic Threatening, to wit: by threatening to kill students and or staff at school.”

The complaint says Drake, “did not provide any details about the alleged crime,” such as “specific language used to communicate” the threat, whether “the alleged threat specified a specific school, building, vehicle or event,” whether “the alleged threat included a threat to use a weapon of mass destruction” or “the manner in which the alleged threat was communicated.”

State law says, to qualify as first-degree terroristic threatening, a threat must include a false statement that a person “has placed a weapon of mass destruction” on public property or school property. A person who places a simulated weapon of mass destruction can also be charged with first-degree terroristic threatening.

First-degree terroristic threating is a class C felony, punishable upon conviction by between five and 10 years in prison. The complaint says Evans was arrested on the charge Aug. 26 and was held in jail for eight days. The charge was later dismissed.

The complaint claims Drake sought an arrest warrant against Evans although “the facts and circumstances were insufficient to establish probable cause to believe (Evans) had committed a criminal offense.” The complaint claims Evans suffered from malicious prosecution, and “suffered a deprivation of his liberty” by being incarcerated and being put through the court process.

The lawsuit seeks damages, “including punitive damages” and attorney fees, as well as “any and all other relief to which (Evans) may be entitled.”

Drake said Tuesday he was aware of the suit, but had not yet seen it.

“I can’t really talk about it right now,” Drake said. An attorney sent a story about the lawsuit from a website about heavy metal music to Drake, but, “I haven’t been served with it yet,” he said.

No hearings on the suit have yet been scheduled.

James Mayse, (270) 691-7303, jmayse@messenger-inquirer.com, Twitter: JamesMayse

Babymetal is good for metal

babymetal

The metal world — or at least the metal blogosphere — has been pretty shaken up lately by Japan’s latest metal eruption, Babymetal.

A mishmash of metal and schoolgirl pop, Babymetal is one of the those crazy ideas that could only have originated in Japan. Now, Japanese metal has long been strange, as anyone who has seen or heard X Japan can attest, but Babymetal takes the weird to new heights.

Fronted by three teen girls who range in age from 14 to 16 (and look much younger), Babymetal combines Slipknot style instrumental brutality with a pop sweetness and wholesomeness that causes some metal fans to rip out their beards. Instead of blood, fire and death, Babymetal’s three singers/dancers sing about bullying, being happy and, yes, chocolate.

The band has sold out the few shows they’ve played in the U.S., have been praised by Lady GaGa and have been treated like royalty at major metal fests by bands like Slayer, Metallica and Anthrax. But for every fan of the band, there’s another foe on the metal webs, ready to accuse Babymetal fans of being poseurs or pedophiles.

Just how bizarre is Babymetal? Maybe you just have to see it for yourself.

So, is Babymetal bad for metal? Is it “true metal,” or is it a bad parody at best, or a abomination and practical joke at metal’s expense at worst?

Frankly, Babymetal is probably the best thing that’s happened to metal this century, at least in terms of breaking boundaries and growing metal’s audience.

Despite protestations to the contrary, metal is a boy’s club. Sure, there are women in metal bands, and women who are metal fans, but the culture that still rules the scene is sexist and full of macho bullsh*t.

You don’t have to look hard to find examples, but here are a couple just off-hand. Exhibit A: “Porn Star Dancing,” by My Darkest Days. Let’s put aside the fact that the song is musically terrible (how much did Zach Wilde drink before cashing his check and widdling his way through that “guest” solo?) and look at what the song is about. That’s right, it’s about a douchebag who can’t understand why girls don’t like him (hint: he’s a douchebag), so he spends his days at the strip bar. “I know a place where there’s always a show/the dollars decide how far you can go,” the singer, whoever he is, warblers in all his epic douchebaggery. So, essentially, we have a song that objectifies woman and portrays them as prostitutes. Well, that’s what I want my daughter listening to, don’t you?

Exhibit B: The Pretty Reckless. Musically, this is a band where the sum never adds up to the musical parts. It seems everyone in the band is talented, but the end result is always less-than interesting. But again, let’s put the music aside and look at how the band’s lead singer, Taylor Momsen, is portrayed.

As you might expect from a former teen model and “Gossip Girl” star, TPR’s videos are full of shot’s of Momsen wearing scanty clothes and posing seductively for the camera. Sex sells CDs as much as it sells beer and everything else, but I’m not sure there’s much in TPR’s image for teen girls. “Look pretty and the boys will like you” is a message girls get from every other aspect of pop culture. Force-feeding it to them yet again in metal (which is allegedly an escape from pop culture) seems demeaning.

Enter Babymetal, who are both musically adept and not-at-all sexualized. Even Babymetal haters have to agree the band is musically first-rate — and anyone who says lead singer Suzuka Nakamoto (aka Su-Metal) can’t sing are simply being dismissive for hate’s sake. There’s some real talent here — and I’d argue a genre that invented death metal can’t really complain about a singer’s vocals (disclaimer: I also love death metal).

While Babymetal may seem like “metal for kids” or, perhaps “metal for teen girls,” neither of those things are at all bad. Metal needs new fans, and more women fans, if the genre is going to avoid stagnation. The generation of kids gravitating to Babymetal today will be taking that influence making their own brand of metal tomorrow. If you want metal to stay exactly the same, you’re just like a classical music fan who hates modern classical and only listens to Mozart.

Also, the sexist attitudes of metal (foisted upon us, perhaps, by the hair metal bands in the 1980s before the stereotypes took on lives of their own) are outdated and degrading to everyone involved. Metal isn’t a boy’s club anymore, and needs to start accepting that women at shows are not just groupies or girls dragged there by their boyfriends.

There need to be strong women in metal, especially for young girls, who are hypersexualized and bombarded with negative images pretty much from puberty on. Babymetal, by putting absolutely no emphasis on sex, gives girls a cool, tough and yet sweet set of metal icons.

We, the metal community, needed Babymetal. Thank god they finally arrived. May others — equally fearless, empowering and innovative — follow in their wake.

Book Review: “Mean Deviation: Four Decades of Progressive Heavy Metal”

meandeviation

If you think you’re pretty knowledgeable about progressive metal, as I did, you’re in for a rude awakening with Jeff Wagner’s “Mean Deviation: Four Decades of Progressive Heavy Metal.”

Wagner, a former editor of Metal Maniacs magazine, is an apparent aficionado of progressive rock and metal — which makes him a particularly good guide into the world(s) of metal’s most adventurous auteurs. By the time I was finished, I had compiled a long list of “must have” bands I’d never heard of before meeting them through “Mean Deviation” (and then YouTube).

Wagner knows his metal and I have a suspicion the man could write fluently about music theory. But Wagner has a conversational writing style that never becomes dry or gets bogged down in discussions of time signatures or sixteenth notes. He’s also not a sycophant; Wagner can appreciate classic Celtic Frost — while still admitting “Cold Lake” was a shocking, embarrassing disaster.

As Wagner describes it, the stirrings of progressive metal can be found in albums like King Crimson’s “In The Court of the Crimson King” and with 70-era Pink Floyd, Yes, Kansas, Genesis (pre-Phil Collins, of course) and mid-career Black Sabbath.

Sabbath? Progressive? I doubted as well — but Wagner makes a strong argument that Sabbath ventured into uncharged musical territory on classic albums like “Sabotage,” “Sabbath Bloody Sabbath,” “Technical Ecstasy” and even the maligned “Never Say Die.” Today, Sabbath is considered sacred, untouchable and calcified metal gospel, due to the overplaying of “Paranoid,” “War Pigs” and “Iron Man” by lazy rock radio — but Sabbath reached for something new on albums like “Sabotage” and “Sabbath Bloody Sabbath.” Really, go find the track “Am I Going Insane?” and you’ll agree Sabbath were a lot more progressive than people might suspect.

Any history of progressive metal must visit with Rush, and Wagner pays the band their due — even if he acknowledges the band left most of its creative masterworks behind after recording “Moving Pictures” in the early 1980s. But even while we can fault Rush for, essentially, sticking with a winning formula in its post “Pictures” work, the band’s influence can’t be dismissed. My tolerance for Rush is somewhat limited, but certainly the band heavily influenced some of the bigger names in progressive metal, particularly Dream Theater.

Along the way, Wagner examine bands like Fates Warning (also one of Dream Theater’s biggest influences), Queensryche, Voivod and the Dream Theater boys themselves. It was nice to see Fates Warning get some deserved recognition — they were never commercially as successful as Queensryche or Dream Theater, but they’re the band people like Mike Portnoy name check when discussing their inspiration.

Wagner makes some interesting stops along the way and finds the progressive gene in the death metal swamps of Florida, the arctic cold of black metal and in the hearts of Swizerland, Germany, Finland and Japan. You’ll want to take notes, because many of the bands Wagner highlights — like Coroner, Mekong Delta, Anacrusis, Nocturnus, Atheist, Sigh and Amorphis, to name a few — are worth your time. Death gets particular mention, and rightly so — go back and listen to “Human,” “Symbolic” and “Individual Thought Patterns” and you’ll be amazed at the innovation.

History aside, “Mean Deviation” particularly shines when Wagner digresses into an min-essay on the difference between progressive metal and “Progressive Metal.” The progressives with a small-p, Wagner says, were (and are) the bands willing to throw out their own rule books in order to push themselves musically. Large-P “Progressive Metal” is largely a formula founded on Dream Theater that, at its core, isn’t terribly progressive, Wagner argues.

For example, compare Voivod to Symphony X. Going into the 1990s, Voivod had a cult of followers after bludgeoning metal albums like “War and Pain,” “Killing Technology” and “Dimension Hatross”  — but Voivod lost many of those fans when the band followed its muse (and Floydian influences) on somewhat controversial albums like “Nothingface” and “Angel Rat.” Taking musical strides while risking alienating fans makes Voivod small-p progressive, Wagner says.

Symphony X, however is large-P “Progressive Metal” in that they took Dream Theater’s style, did it as well or better than Dream Theater, but never deviated much from that style. Now, don’t get upset — Symphony X is a stellar band, with excellent musicianship and vocals, complex musical arrangements and fascinating songs. But really, there are few surprises with Symphony X. They’re great at what they do … but they’re never going to shock us with a unexpected left hook. Symphony X is never going to produce its own “Angel Rat.”

The final third of the book is a series of mini-biographies on a host of bands Wagner found significant in the progressive genre. Frankly, I found myself skipping some bands — look, I can appreciate what Therion is doing, but I don’t find it overly interesting. But many of the bios were intriguing enough to keep me adding names of my list of bands.

With the exception of Opeth, Wagner doesn’t spend much time on the current crop of progressive bands, which makes sense. Who knows what those bands will sound like tomorrow?  But what I found myself doing after reading “Mean Deviation” was listening to current progressive metal bands with new ears — now, it’s hard for me to listen to Mastodon or Opeth without hearing bits and pieces of Voivod, or classic progressive bands like Kansas.

If you’re a fan of progressive metal — or if you always wondered what the fuss of progressive bands was all about — you’ll find something of interest in “Mean Deviation.” You’ll also find about 30 to 50 albums you’ll discover you have to own. Prepare your wallet to take a bit of a beating.

You can read an interview with Wagner about progressive metal here.

Slayer guitarist Jeff Hanneman dead of liver failure

hanneman

Blabbermouth.net is reporting Slayer guitarist Jeff Hanneman died at about 11 a.m. Thursday at his home in California. Hannemann was 49 years old.

According the Blabbermouth post, which you can read here, Hanneman died of liver failure.

Hanneman had been away from Slayer for a while, while he attempted to recover from a spider bite that had caused serious damage to his arm. According to Blabbermouth, Hanneman was in the hospital for two months undergoing treatment and surgery on his arm.

I won’t claim to be the world’s biggest Slayer fan, but I have a copy of “Reign in Blood” (an album I first purchased when it was first released) and have seen the band in concert. I have the “Still Reigning” DVD at home as well, which rules. A Slayer concert was like no other live show in the world; the energy at those shows was contagious. No other band — Black Sabbath, Metallica, Iron Maiden, Exodus, or anyone else — could match Slayer on stage.

To say the least, this is a big loss to metal. Hannemann (along with band mates Tom Araya, Kerry King and Dave Lombardo), helped create the thrash sound; in some ways, “Reign in Blood” is the ultimate thrash album, in that it took all the intricate riffs of Metallica and the technicality of Megadeth and compressed it into 30 minutes of overwhelming sonic assault. While “South of Heaven” and “Seasons in the Abyss” were also great albums — and while the band had moments of greatness on later albums like “Divine Intervention” and “God Hates Us All,” “Reign In Blood” is the album for which the band will truly be remembered.

Hanneman’s guitar style was unique; too be honest, it was just plain weird. Hanneman and King tortured the most bizarre sounds out of their guitars. Both men had heavy punk influences, and that came out in their frenetic solos.

I guess we’ll find out more later what the future holds for Slayer (although King previously said in an interview posted on Blabbermouth that he would be happy if the band went on with Exodus guitarist Gary Holt, who has been filling in for Hanneman). I imagine there will be a new Slayer album; and while Holt is an amazing guitarist and twisted song-writer, Hanneman’s absence will be felt. We have yet to learn if Hanneman — one of the key members of Slayer — can really be replaced.

Anyway, time will tell. Raise a toast to Jeff Hanneman, if you will. His place in the history and legend of thrash metal is secure. Rest in peace.

Review: Ahab, “The Giant”

ahab

Doom metal isn’t the most innovative genre. I admit I have not immersed myself in the genre as I have in other styles of metal, but I’ve heard enough funeral dirge metal to know I’d mostly rather get doom from the original masters — Black Sabbath.

The one exception to my “no new doom” rule, however, is Germany’s Ahab. Ever since the band’s first release — the suffocating yet oddly beautiful “The Call of the Wretched Sea” — I have been a fan and have always eagerly await news of new Ahab albums.

The band’s 2012 release, “The Giant,” is not a disappointment. In fact, “The Giant” is a great leap forward for Ahab, as the band moves away from their already-hybridized version of “doom” and more into progressive metal. Not every fan will like the band’s musical direction — but if fans look back on the band’s previous two albums, “The Call of the Wretched Sea” and “The Divinity of Oceans,” it should be clear that “The Giant” was Ahab’s next logical step.

Like album’s past, “The Giant” is a concept album, this time based on Edgar Allan Poe’s “The Narrative of Arthur Gordon Pym of Nantucket.” But you don’t need to know your Poe to enjoy “The Giant.”

Vocalist/guitarist Daniel Droste still employs his dead-man’s sludge-filled grunt throughout the album — but Droste sings much of the album with “clean vocals.” Now, singing clean isn’t new to the band; there were moments of clean vocals in “The Divinity of Oceans,” and what I’d guess you call “clean chanting” on songs like “The Sermon” and “The Hunt” from “Call of the Wretched Sea.” But Droste does something new here, singing almost entire songs (“Fathoms Deep,” “The Giant” and “Time’s Like Molten Lead”) entirely with clean voice.

Droste’s “regular” voice isn’t Bruce Dickinson’s, to be sure — but the vocals fit the melancholy feel of the disc. How much the “clean” vocals bother you will like depend on how much of death metal purist you are — certainly, some older bands of the band have not loved the new style. On the other hand, the juxtaposition of clean and doom vocals gives the band a much broader musical range and depth.

Speaking of “depth,” Ahab has always been about the impossibly heavy depths of the sea (all three concept albums are based on sea epics or history of shipwrecks). While the vocals are often clearer, there has been so softening musically; the beautiful parts are steeped in sadness, or are eerie and full of foreboding — while the metal still crashes down and obliterates. A prime example is “Fathoms Deep,” a deceptively lulling song for the first few minutes, until the doom crashes in like a tidal wave and overwhelms everything in its path.

There are a lot of standout tracks here — almost everything works, really, although “Antarctica the Polymorphess” is not quite as interesting as everything that comes before and after. While all the rest are great, my personal faves are “Further South,” Fathoms Deep,” “The Giant” and the brilliant “Time’s Like Molten Lead” — which, I’ve read, is actually a bonus track.

Ahab continues to grow on “The Giant” and is moving in directions I can’t quite predict. While I love the band’s doom metal approach, it’s good to see the band member’s setting sail for different musical shores. I’ll be looking forward to their next musical voyage. Who knows where they’ll go?

Skid Row preparing to release new EP (wait — Skid Row still exists?)

If you see this little postie in the next 24 hours, you can hear the new Skid Row EP, “United World Rebellion: Chapter 1″ at Loudwire. You can find the EP here, but it’s only gonna be on line for 24 hours. So run. Or, get a time machine if you’re a little late.

In case you missed it, “United World Rebellion” sounds, well, like it was recorded in 1989.

The singer, Johnny Solinger, sounds pretty much exactly like Sebastian Bach on “Kings of Demolition” and “Let’s Go.” That’s not exactly a criticism — there are certainly worse singers to be compared to than Bach — but if you didn’t like the Bach incarnation of the band, you won’t like them much now.

Solinger sounds a little bit more like his own man on “This is Killing Me” … but jeeze, the song might as well be called “I Remember You Again.” Or, perhaps, “I Remember You Too (Two).” You get my meaning? The songwriting team of Rachel Bolan and Snake Sabo have not changed much with the decades.

If you like quasi-dirty-sounding 80s hair metal — or if you graduated from high school in 1990 and have fond memories of shaking your fist to “Youth Gone Wild” before football games — you’ll be happy with “United World Rebellion.” As for me, well, I didn’t love the 80s that much the first time.

But don’t take my word for it. Stream the thing yourself. Also, you can purchase the EP from iTunes, Amazon or Wal-Mart.

(P.S.:  Does anyone else think it’s ironic that Wal-Mart is selling an album called “United World Rebellion”? Imagine the ad campaign: “Angsty  ‘Occupy Wal-Street’ metal, sponsored by Corporate Giant Wal-Mart!” Anyway, funny …)

A Tale of two Queensryches, part two

As you know, Geoff Tate, who fronted Seattle’s Queensryche since, well, forever, was booted from the band by former buddies Eddie Jackson, Scott Rockenfield and Michael Wilton. Myriad accusations were thrown back and forth, alleging physical abuse, financial malfeasance, nepotism and the inevitable irreconcilable musical differences.

Jackson, Wilton, Rockenfield and guitarist Parker Lundgren hooked up with Todd La Torre — first as “Rising West” and later as “Queensryche.” The band is releasing an album of new material in June.

Meanwhile, Tate connected with a new group of musicians, including former Queensryche guitarist Kelly Gray and former Quiet Riot bassist Rudy Sarzo to form a new band, which is also called “Queensryche.” Tate’s Queensryche album, “Frequency Unknown” comes out later this month.

Both bands have released a bit of new music — and both bands are touring heavily on old QR material. Tate’s band is currently doing “Operation: Mindcrime” in its entirety, while the La Torre version of QR has been doing shows based entirely on songs from the band’s original EP and the first four albums.

Both sides — and their various fans — have been bashing each other mercilessly through the metal media for months now. Both sides claim they are the “real” QR and dismiss the other as has-beens (Tate) or cheap imitations (La Torre).

Who’s right? No one.

It seems obvious Tate and Wilton/Jackson/Rockenfield can’t work together anymore. Really, that’s just as well. Tate hasn’t really been interested in the old QR material for a while — it was Tate that pushed the band away from metal toward the mellower, more melodic music found on “American Soldier” or the second half of “Operation: Mindcrime II.” It was also Tate who moved the band to record “Dedicated to Chaos,” an album Wilton and the others later claim to have hated.

I didn’t love “American Soldier.” I thought the album was much too respectful, too tame. What little I heard of “Dedicated to Chaos” was enough to convince me not to buy the album. I thought “Operation: Mindcrime II” was half of a good album.

But even if I didn’t like Tate’s direction, I can’t accuse the man of not taking chances. Nothing in the world would have been easier for the members of Queensryche than to keep bashing out “Empire” clones for the rest of their careers; I can’t say I liked the way Tate was going musically, but at least he was pushing himself.

The La Torre version of QR — at least judging from “Redemption,” the band’s first single from the new album — isn’t treading new ground. Frankly, “Redemption” could have come right off “Empire” — it’s slightly heavier, perhaps, but the song doesn’t stray far from the template the band laid out in 1990.  It’s a listenable song with an excellent central riff, and the song shows the Le Torre version of the band has promise … but it doesn’t pack any surprises.

As for “Cold,” the first single from Tate’s “Frequency Unknown,” well, it’s frankly better than I expected. La Torre partisans love to claim that Tate’s voice is shot. But while it’s possible the man can’t scream like he could in 1981, Tate has hardly lost the ability to sing. Tate sounds better on “Cold” than he sounded on “O:MII” or “American Soldier” — and if the song’s main riff is a little generic, the guitar solo is certainly frenzied and full of power. Tate sounds like he has a fire that was missing on the last few QR albums.

Tate and Wilton’s “divorce” seems like the best thing that could have happened to both sides. If the end result is two good albums and two groups of re-energized musicians, then everybody wins.

But there’s one thing both sides need to do — retire the name “Queensryche.”

Tate doesn’t need it; he wanted to make a break from the past, so he should  cut the old name loose. He’s recognizable enough that people would still come to see him if he went on simply as the Geoff Tate Band or something similar. Dropping the name doesn’t mean Tate has to ditch the old material; if he wants to continue singing “Silent Lucidity” for the rest of his career during encores, who’s gonna tell him he can’t?

As for Wilton, Rockenfield, Jackson, Lundgren and La Torre, their first instinct — to call themselves “Rising West” rather than “Queensryche” was correct. Tying themselves to the QR name means La Torre will be constantly compared to Tate for rest of his career with the band. Even with new music, people will be saying, “well, Tate would’ve been better” or words to that effect. A new name would give the band its own identity — and again, if La Torre and company still want to bash out “Queen of the Ryche” and “Warning” during shows, that’s their right.

Queensryche was a great band, particularly between the EP and “Empire.” But that band is dead now. Let it rest in peace and move on as something new, guys. You’ll be happier that way.

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