NV v. Duane ‘Keffe D’ Davis — Tupac Murder Trial — Full Closings

[00:00:00] Speaker 1: About two weeks ago, exactly two weeks ago, I came before you and said this was a case about gang retaliation and rape. Nearly 30 years ago, Orlando Anderson was beaten at the MGM grant by Tupac Shakur, Suge Knight, and the group that he was with. And Orlando Anderson was somebody of consequence in the Southside crimes. And Dwayne Davis was the head of the Burr Street faction of the Southside crimes. And Dwayne Davis, in the culture of gangs, could not let that stand. And so what did he do? He acquired a firearm, got his group together, and went hunting for Mr. Shakur and Mr. Knight. They went to Club 662, they didn't find them. They go to a liquor store, decide to have some drinks. Then, in happenstance, they happened to run into Tupac and Suge Knight going the opposite way of the linko. And in that moment, a decision was made. Not to keep going, but to make a U-turn. Turn around, pass a gun, and shoot into Tupac and Suge's car. Killing Tupac Shakur. So I know the judge went over about 52 jury instructions. And I want to go over a couple of them as well, so we can kind of understand what we're talking about here. So the first one the judge went, and I kept the numbers up there in case you want to have them, is reasonable doubt. And what the law says is reasonable doubt is based on reason, which is not very helpful. At least I don't find it. But it also tells you what reasonable doubt is not. Doubts are reasonable. It must be actual, not mere possibility or speculation. And so when holding the state to its burden, you should absolutely be determining whether or not we've met the evidentiary threshold. But possibility and speculation is not reasonable doubt. There's a common sense instruction. It's number 46. And as you may recall, we spent about a week picking you folks to be part of our jury. And we asked a lot of questions. We asked whether or not you'd accept all kinds of evidence or require us to only have one type of evidence. We asked about what your knowledge of the facts in this case. We asked about your background. I think we even asked about what your favorite movie was. But the goal is to create a cross section of our community. You all have different experiences, different knowledge, different ways of having dealt and processed with information. And moreover, you have different sense of common sense, right? Different sense of judgment. And what the goal here is, you don't have to pretend your judgment or your common sense doesn't exist just because you walk into this courtroom. You bring your common sense as a whole, your judgment as a whole, your personage as a whole, when you come to this courtroom. One thing I think is very important to discuss is, in opening statements, Mr. Sanft told you that you have to corroborate every word of the defendant's sentence in order to believe it. I think he even had a slide up there that said, I mean, not nonsense, but BS I guess, right? BS. But that's not actually true. That's not the law. Jury instruction number 42 tells you what the law is. When independent evidence establishes that the victim's death was caused by the criminal agency of another, a defendant's own statement, if believed, admitting the crime need not be further corroborated by evidence connecting the defendant to the crime. So this notion of corroboration, I will tell you, I think we'll discover that there is corroboration, but this notion of corroboration, the mandatoriness of corroboration, does not exist in the law. It is absolutely untrue and not part of our requirements. [00:03:53] Speaker 2: I pause right now. May we approach? [00:03:54] Speaker ?: You may. I pause right now. May we approach? You may. I pause right now. May we approach? You may. I pause right now. May we approach? You may. I pause right now. May we approach? You may. I pause right now. May we approach? You may. I pause right now. May we approach? You may. I pause right now. May we approach? You may. I pause right now. May we approach? You may. I pause right now. May we approach? You may. I pause right now. May we approach? You may. I pause right now. May we approach? You may. I pause right now. May we approach? You may. I pause right now. May we approach? You may. I pause right now. May we approach? You may. I pause right now. May we approach? You may. You may. I pause right now. May we approach? You may. I pause right now. May we approach? You may. I pause right now. May we approach? You may. I pause right now. May we approach? You may. I pause right now. May we approach? You may. [00:04:44] Speaker 1: All right. So, like I was saying, that the criminal agency of another, the defendant's own statement, if believed, evading the crime, need not be further corroborated by the evidence. So, this hunt for corroboration that Mr. Sampas put you on is not a legal requirement. But, like, what I told you is I think there is corroboration, and I think we'll talk about that as we go on. But the one thing we have to prove without corroboration is that somebody was killed by the act of another. We don't have to say who that person is. We don't have to corroborate who that person was. But we have to say somebody was killed by the act of another. So, we've met that threshold. And once we've made that threshold, no further corroboration is required. The last thing I want to, general instruction I want to talk to you about is direct versus circumstantial evidence. That's jury instruction number 35. And in this courthouse, we have an analogy that we frequently use to explain what direct versus circumstantial evidence is. So, if you were to go outside, and you saw a rain, that would be direct evidence, right? Mr. Davis' confessions are direct evidence of a crime. But there's also circumstantial evidence. So, what is circumstantial evidence? Well, in that same analogy, let's say after a long day here at court, you go home. You go to your car, you go home, and you notice that there's dark clouds in the air, a little bit of humidity. The weather's a little bit cooler than you normally expect. And then you go inside to your house, right? While going inside your house, you see the sidewalks are dry, the grass is dry, all that. You go to sleep, you wake up the next morning, and you notice that the ground is wet, the grass is wet, maybe your car is wet. That is circumstantial evidence, not at rate. And so you have direct evidence. I saw it, I was there. And circumstantial evidence, those facts that exist that show something happened. And I will submit to you that this case is drenched with circumstantial evidence, even beyond Mr. Davis' statements. So, I want to do a little experiment as we go through this. Let's, instead of focusing on Mr. Davis' statements, let's see what happens if we just throw all those statements away and see what we have. Because it seems like you've been told that there's nothing that exists outside of Mr. Davis' statements. And that is simply not true. So, we know, we heard from gang detectives that Compton was a 10 square miles that had two gangs that are relevant to this case. Mob high roots outside of Compton Crips. Bobby Ladd told you that. And Reggie Wright Jr. and Mob James told you that Death Row Records had the head, Suge Knight, and one of its main artists, Tupac Shakur. And interestingly enough, we learned that there were two types of security, right? There was like a mob security and death row security. And the mob security, for our purposes, involved Mob James McDonald, his brother Alton Buntree McDonald, Roger Neckbone Williams, and Trayvon Lippon. And that the more straight security or official security was Reggie Wright Jr. and Frank Alexander. And Frank Alexander was the person that was with Tupac Shakur the night that he was killed. We also know that the rival was Southside Compton Crips. We heard that from a lot of people outside of Mr. Davis. In fact, we heard from Bobby Ladd and Devontae Lee, Dirt Rock, say that Dwayne Davis was the leader of the Southside Compton Crips. You actually heard Wade Lee, the detective who was investigating him on Narcotics Trunch, say that he was the leader of the Southside Compton Crips due to his narcotics trade. That money was the lifeline of gangs. Bobby Ladd, he went so further to say, he was the shock caller of the Southside Compton Crips. And Bobby Ladd is the person who could tell you that. He was the one working gangs in the 1990s in Compton. For over since then, he's become an expert talking to people all around the world about the gangs of Compton, particularly the Crips and the Bloods. So outside of anything Mr. Davis has said, you can establish that he was a leader, a shock caller, and a narcotics trafficker. We also know through Devontae Lee, Devontae Lee and Bobby Ladd, that Orlando Baby Lane Anderson was a member of the Southside Compton Crips and also Dwayne Davis' nephew. Detective Dupree also tells you that Orlando Baby Lane Anderson was very close. You could use the word Prince of Southside only behind Dwayne Davis. And then we also learned about the other members of the Southside Compton Crips. We learned about Terence Bumbleup Brown, Corey Searay Edwards, who we did not get to show up. We learned about DeAndre Big or Freaky Dre Smith. We heard about Orlando Baby Lane Anderson. And then we had Devontae Durrock Lee also testify here today. He told you about these folks, as did Bobby Ladd. We also learned about the connection between Keefe D and Eric Zip Martin. We learned about that through both Wade Lee, who did the narcotics investigation into Dwayne Davis. And we learned it through Bobby Ladd, who told you that he was assisting in federal investigations with Dwayne Davis and his connection with Zip Martin. And in fact, what Bobby Ladd had told you was that Dwayne Davis had gotten so high on the food chain that he wasn't somebody that Bobby Ladd would be investigating as a gang detective. That was more of an FBI DEA type of investigation. Through Mike Dorsey, we also learned about the connection between Sean Combs and Zip Martin. We also learned from Dirt Rock and from Reggie Wright Jr. and from Mob James that Dwayne Davis was providing some form of security for Bad Boy Entertainment. Now, this is not official security. This is just be around, make sure our guys are okay in case they run into mob guys. And we learned that from all those other witnesses. It's not a word from Dwayne Davis. And then we learned from all those witnesses that this developed into a rivalry that evolved both gangs and music labels. Then we had the Lakewood Mall incident. Now, we've heard a lot of people talk about having heard about the Lakewood Mall incident, including Bobby Ladd and Reggie Wright Jr. and a number of other folks. But we actually have heard from somebody who was there. We've heard from Dirt Rock himself. He said there was five or six, there was a number of mob guys there, a number of South Side Crips there, and there was a brawl inside the Foot Locker. And the brawl was so big that it caused a lot of damage inside the Foot Locker. And then we also learned that it was about a death row chain or a death row chain was involved. We learned from both Devonte Lee and from Bobby Ladd that the chain was an ultimate sign of disrespect. Now, let's talk about September 7th, 1996. What else do we know about September 7th, 1996 that doesn't involve Dwayne Davis' statement? Well, we know the Burris Street crew was in Los Angeles. We know these two of them, Orlando Anderson, there's a receipt for him at the Excalibur Casino on September 8th, 1996, or September 6th, 1996 through September 8th. You see it in his name. We also know that Corey Edwards, one of the older OGs, one of the older guys in the South Side Crips was in Las Vegas as well. And that's proved independent of anything Dwayne Davis has said to this receipt. But the same time period, there he is. And we also know from Devonte Lee that the older folks would tend to be with Bobby Ladd. The older folks would tend to hang out with the older folks. The younger folks would tend to hang out with the younger folks. Which tells you the inference you can draw is that the older folks are staying at the Monte Carlo. Then the video that you've seen a number of times. Orlando Anderson getting beat by 2-4, Suge Knight, Bundy, Nick Bone, Trayvon Lane, Reggie Wright Jr. identified all those folks for you. And then you've heard from security and from patrol that the person who was in the Dan Marino jersey was in fact Orlando Baby Lane Anderson. The other thing you've heard was that when Orlando Anderson was asked do you want to press charges or do you want to assist or do you want medical attention? Orlando says no, no. What you learned from the witnesses is Orlando's beating required immediate violent retaliation. Bobby Ladd told you that he could not go back into Compton having suffered such a public beatdown. Mob James put it more succinctly when I asked him, hey, there's this rumor that Tupac knocked you out. And what did Mob James say? I would have shot him. I couldn't even get the sentence out of my mouth. Because that was the nature of the gang life in the 1990s in Compton. What Mob James said is, you had no choice. You had no choice. You could not go back to Compton having gotten beaten publicly. Otherwise, you were going to be tested by every person in your neighborhood. The need for retaliation exists without a single word. And then two and a half hours after the beating, Tupac had chilled to leave for Club 662. And we heard from three people who were part of that entourage. We heard from Malcolm Greenidge, who was a performing artist, a member of the Outlaws, one of the groups that Tupac was associated with. We heard from Ingrid Stokes, and we heard from Leonard Jefferson. And they all joined at various points of the entourage. And here's an interesting question. So, like, where are the women yelling for Tupac? So, Ingrid Stokes says, no, like, one of my girls in the back was talking to Shook. Malcolm says, yeah, there's something going back and forth. They're talking to Tupac and Shook. And, ladies and gentlemen, there's no dispute that they are both there. It's just, depending on where you are, your perspective and how you're perceiving things changes. So, Ingrid Stokes is in the car with the women. Malcolm Greenidge is in the car behind them. 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[00:27:20] Speaker 1: Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. [00:27:31] Speaker ?: Malcolm Greenidge is in the car. [00:27:32] Speaker 1: Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. 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Malcolm Greenidge is in the car. [00:33:08] Speaker ?: Malcolm Greenidge is in the car. [00:33:09] Speaker 1: Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. [00:33:52] Speaker ?: Malcolm Greenidge is in the car. [00:33:53] Speaker 1: Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. [00:33:57] Speaker 6: Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. [00:34:09] Speaker 7: Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. [00:34:18] Speaker 8: Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. [00:34:21] Speaker 7: Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. [00:34:25] Speaker 6: Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. [00:34:29] Speaker 7: Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. [00:34:39] Speaker 1: Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. [00:34:41] Speaker ?: Malcolm Greenidge is in the car. [00:34:42] Speaker 1: Malcolm Greenidge is in the car. [00:34:43] Speaker 7: Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. [00:35:00] Speaker 1: Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. [00:35:22] Speaker 7: Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. [00:35:52] Speaker 9: Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. [00:35:56] Speaker 7: Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. [00:36:09] Speaker 6: Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Malcolm Greenidge is in the car. Have you already handed Lane the gun at this point? Or at what point do you hand him the gun? [00:36:16] Speaker 7: I thought he was going to pull on my side. You know that's my little nephew. I'm going to pick out for him. You know. And he pulled on on his side. [00:36:26] Speaker 6: So you were fitting a blast if you had to? Or you were just. Yeah. If we would have been on my side I would have blasted. Okay. So you hand the gun to the back seat? Yeah. You hear Lane? I gave it to Dre. [00:36:38] Speaker 7: He was like no. No. And Lane is like. Yeah. [00:36:42] Speaker ?: He popped into it. [00:36:43] Speaker 1: So a couple of things from that is. One. Mr. Davis says. I thought he was going to pull up on my side. Which will be important later. And then two. That I was going to shoot. But then I gave the gun to the back. Dre gave the gun to him. [00:37:00] Speaker 6: Lane starts blasting. You say he looks over. He sees you. Yeah. He looks right at you. Yeah. He looks right at you. Yeah he looks right at you. Okay. Why are you looking right at you? [00:37:13] Speaker 7: I don't know what he does for seven or eight years ago. When he looks over at you. [00:37:17] Speaker ?: And then. You know. [00:37:19] Speaker 6: Tupac's busy getting shot. Evidently. The story is. Tupac's trying to. Either get out of the. Back seat or something. Yeah. What do you see happening inside there. I seen a bullet going to shoot again. I thought he was dead. I thought he was dead. He must have scraped him or something in the head or something. [00:37:31] Speaker 7: He. He. He. A piece of glass went into his neck right here. And he had a thing in there. [00:37:36] Speaker 6: Yeah. I thought he was dead. [00:37:38] Speaker 7: He must have scraped him or something in the head or something. [00:37:40] Speaker 6: He. He. He. A piece of glass went into his neck right here. And he had a thing in there. Yeah. Great. [00:37:47] Speaker 7: Yeah. [00:37:48] Speaker 10: I thought he. I thought he was dead. Okay. So. I'm sorry. Did you guys. Stopped and keep up. Did Bola stop the car and let him get off? Yeah. Then we made the right. [00:37:58] Speaker 7: Okay. But he stopped what you said. And while he boom boom boom. He got off. Then he took off. Then we made the right and the. So. Seabreeze was following us. Stupid bitches. Oh. Then we shot their window out and they stopped. [00:38:11] Speaker 10: So Tupac's trying to jump in the back seat. And what's your girl? Just ducking? Ducking. [00:38:17] Speaker 7: He couldn't really duck because he was too big. Yeah. [00:38:21] Speaker ?: Yeah. Yeah. So. [00:38:24] Speaker 1: And here is when Mr. Davis also mentions the girls in the Seabreeze. It's hard to hear if it says Seabreeze or Seabring. But fundamentally the same thing. And then you know he says like they're following us. And we're shooting at them. And then we hit the window and they stop. And I think that's an inference he's drawing from them. All of a sudden stopping because he thinks they're pursuing him. But we know from Ingrid they're not pursuing him. They're trying to get out of there. They just don't know. So if we look at the 2008 proffer. One of the other interesting things if you listen to it is that he actually thinks he's on camera at the MGM. If you listen to him talking about the meeting at the restaurant or the cafe. He says there's an exchange. He's like y'all saw me there right? Y'all saw me there? And then Darren Dupree says oh man I was there. He's like oh you're kidding. But he thinks he's on video. So this is why he's never denied being in Las Vegas. He actually thinks he's on video. In fact he further asks and you can check the transcript or check the audio itself. He further asks did you guys have video at the ballet? So this is why he thinks he's not giving up much. It's because he thinks he's already on video. Now they don't know the shooting would never be captured on the video. But the idea that he was in Las Vegas. He's never disputed from 1998 to 2023. The whole part of this case is he's never disputed because he thought he was on video. Then he also adds the liquor bar. And what we heard from Mike Dorsey was there actually was a liquor store on Maryland Parkway. That's what Mike Dorsey said. Mike Dorsey is a documentarian. He said yeah I looked that up. There actually was a liquor store on Maryland Parkway in that place. And then I think it was followed up by at some point in the 90s was Lee's Liquor going by Lee's Liquor Bar before there was a cease and desist order. He gets the white Cadillac in the seating position. He's got a .40 caliber firearm. He's shot from the rear driver. And this is really important because he provides a detail that is not publicly available. Right? The Sebring with the women following him. I'm not going to pretend that this case wasn't reported on in the previous years between 1996 and 2008. The caliber of a firearm was in the papers. Eventually it's even in Mr. Davis's office. The fact that a white Cadillac was involved, absolutely well known. What was not well known, what was never publicized by 2008, was the Sebring with the women following him. So where does he get that detail? And what's fascinating about it again is Ingrid's not following him. It just looks like that from the perspective of somebody in the white Cadillac. The open lane. So Mr. Davis says, I thought he was going to pull up on my side so I could do the shooting. And as frequently as I've heard this tape, that part never made any sense to me. And trust me folks, I've listened to this once or twice. And then I saw Ms. Stokes' drive. Right? What did she tell you? She tells you that this lane is open. Right? In my mind's eye when I'm thinking, well, why would you be, why would you ever think that the car, if you're all the way to the edge, the car would be pulling up on your side, the passenger side? But Ms. Stokes says that and then Mr. Heidmeyer, who's at the Max Motel, remember he's the one looking down on this. He also says that after what he sees is Shug being able to turn immediately, make a U-turn immediately and go back down Flamingo. Also indicating that there's nobody in that lane. Because Shug is not in the left-term lane. Right? He's trying to go straight. Then there's nobody in the left-term lane, which is why Mr. Davis could say, I thought they were going to, I thought they were going to pull up so I could do the shooting. Because if this lane was full, that makes no sense. But since we know that that lane is empty, Mr. Davis' story makes sense. And the other thing about the 2008 proffer is where Mr. Davis pushes back. He's not just saying yes, yes, yes. He suggested lane in the van too? He corrected. No, he's in the Cadillac. They suggested Orlando's behind the driver? There's confusion about where everybody sat. And Mr. Davis says, no. Orlando is behind me. And then there's this whole exchange about what they did with the gun. And Mr. Davis said, we left the gun on the tire on the Cadillac. And the officers just don't believe him. That makes no sense at all. You've got this gun, used it in a murder. Why would you put that on a tire? That doesn't make any sense at all. And Mr. Davis' attorney, Wayne Higgins, says, I mean, you guys aren't thinking like folks from Compton. You guys are thinking like cops. And then what Mr. Davis says is, do you want the truth or do you want me to lie? Because the truth is, that's where the gun lies. So it's not as though Mr. Davis would not push back when given something that wasn't true. Lastly, Mr. Davis' statement makes no sense as a lie. The 2008 statement makes no sense as a lie. He could have said he was just a witness. Isn't there, he has his attorney with him, and he kind of does this in 2009. He could have just said, man, Lando had the gun. I was just in the car along for the ride. I had no idea this was going to go down. Or, man, like you want the information about what would happen with the Tupac case? I can give that to you. Lando told, I was the shot caller, right? Lando told me. My nephew told me. Big Dre told me. Terrence Bubbleup Brown told me. They all told me what happened. I can give you all the information you need. He never has to put himself in the car. It doesn't make sense as a lie. And mind you, this is for the notorious VIG investigation. This isn't even the Tupac investigation. So if the notion is, Mr. Davis is creating this whole story. Why would he create the story that makes him legally liable for murder? When he could just make himself a witness? He has non-public information about the woman. He has unnecessary details. And those are necessary details like zip. Why are we including zip? Right? If anything, for somebody who's trying to get away with a lie, it makes it worse. Because that's something that if zip were to ever have cooperated, he did it. But if zip were ever to cooperate, that's something they could say, no, you're lying. Your deal's off. Why add Club 662? Why even add that detail? Why can't it just be, we were driving down the street, I happened to be in the car, and then we started blasting? Why add that little granular detail? Because there were other people at Club 662 that could have said, no, he's over there. Why add the liquor store on Maryland and the changing of the cars? If anything, all you're doing is implicating more people. He says, I start off in the van with Cory and these other guys, and then they were whining too much. So at the liquor store, I go and switch cars. Why are you adding this unnecessary lie if it's a lie? Why isn't it just, man, I heard this is what happened, I saw this is what happened? All these unnecessary details. Why add Dre passing up the shot? What does that contribute if this is a lie? The other thing I'll be upfront with you is that not everything that Mr. Davis recalls 12 years later can be confirmed, and some of it is probably wrong. He says that Mr. Shakur, he saw Mr. Shakur the night before, showed him Mr. Shakur the night before, Malcolm Greenidge and Reggie Wright Jr. said they came in Saturday. These are differences that 12 years later will cause reasonable things that you may not remember. It's not whether or not he gets every detail right 12 years later. What he's focused on is the material things, the material things, which are what happened in that car from the shooting of Tupac Chico. And if you look at this, the 2008 federal proffer, he admits to being the Southside leader, front passenger seat, gets the gun from Zip, gives the gun to the back of the cabinet, shots from the building. And this is when he has the most incentive to tell the truth. So let's talk about 2009. Now 2009 is just weird. Like this conversation is just a weird one. Right? Because Dan Long is coming in thinking, I'm going to interview somebody and maybe I'll get information enough to arrest somebody. Wayne Higgins is telling Mr. Davis, hey, be careful what you say, you might get arrested. And what's going on there came out during Detective Long's, I think it's cross-examination by Mr. Giacomo, is that Dwayne Davis was trying to work off charges. Again, he's expecting a benefit. So the one thing we know is that it's voluntary, because if he's expecting a benefit, it's voluntary. And in fact, he even has his attorney there. There's no, he's not hooked up, he's with his attorney, there voluntarily to give this interview. But it is weird. And Davis' attorney tells him to distance himself from the gun. Right? So he says, well, this is what he says. [00:48:01] Speaker ?: Just like that. [00:48:02] Speaker 7: Just like that. Just like that. Somewhere closer to that. Yeah. Can I talk to D for one second? Sure. Go ahead. I'm talking about without you. [00:48:10] Speaker 11: Oh, yeah, absolutely. You know what I'm saying? [00:48:12] Speaker 7: Absolutely. [00:48:13] Speaker 11: I'll step out. [00:48:14] Speaker 12: Yeah, go ahead, dude. Just so we can clarify it. Okay. [00:48:17] Speaker ?: What's up, man? [00:48:18] Speaker 12: What's up, man? Okay. Oh, I want to say this real quick. Look, you're doing a pretty good job. I know it's kind of hard. But, you know, you ain't supposed to be getting into anything. Like, you was involved in murder. You got to keep it really clean. [00:48:37] Speaker 10: But you, you know, you told, what you told us, the state system, what you told us. He gave me the gun. He gave me the gun. [00:48:43] Speaker 1: So, what happens here is Dan Long has left the room. Mr. Davis says, hey, can I talk to D? And Dan's like, yeah. I mean, Dan Long says, yeah, sure. But, no, with you out of the room. So, now you have Detective Derek Dupree. You have Wayne Higgins, Mr. Davis' attorney, and Mr. Davis. And what Wayne Higgins tells Mr. Davis, hey, look. You're not supposed to be talking yourself into a murder right now. So, be careful. Later in the conversation, he says, this man is here trying to put a case on you. That's what he's trying to do. And what Darren Dupree is there, Darren is also part of the federal task force. And what Darren Dupree is there, you got to keep it consistent. Why? Because if he tells a vastly different story here, then the federal proffer goes away. Because then, the federal government's like, well, were you lying then? Or are you lying now? How can we be assured that you've met your part of the bargain if you're telling a totally different story in these two different instances? So, what Wayne Davis is trying to do is thread a needle. He's trying to keep it consistent enough in order to keep his proffer deal where his only incentive was to tell the truth. But not catch a case from Dan Long. Not trying to catch a murder case from Dan Long. And what is absolutely fascinating is, so when Lane Higgins is telling him, hey look, hey look, you want to distance yourself from the gun, Mr. Davis pushes back his own attorney. He gave me the gun. He gave me the gun. Am I not supposed to say that? He gave me the gun. Even in his unguarded moments with a detective and an attorney, he's saying, Sid Martin gave me the gun. Because the first part of the story says, Orlando got the gun. And then after this interlude, he says, no, no. It was me. He gave me the gun. Now, he listens to Wayne Higgins' advice a little bit. And he alters the sequence of events a little bit. He says, I gave Dre the gun before we went hunting. But they were still on their way hunting for Mr. Shakur. And if you look at this statement, he still is the leader of Southside. He's still in the front passenger seat. He still gets the gun from Zip. He still gives the gun to the back of the Cadillac. The sequencing's a little different. And the shots are still from the rear. He still puts himself in the Cadillac as the shotgun. Now, 2017 is a completely different scenario. Now the gun is dangerous to admit. And if you recall some of the conversations that happened. This is the one to the BET Chronicles where we've got some audio. And you hear Mike Dorsey's phone clicking a little bit. And you hear some of these pieces of conversation where Mario Diaz is trying to get this information for his TV show. Here, Mr. Davis clearly has liability. He even says, they could give me the death penalty for this. So he's very aware of what he can and cannot say. Or at least he's trying to not get in trouble. But he still provides motive because of Orlando's beating. He still provides the same people in the Cadillac. He still goes to 662 to seek a violent confrontation. I think this time it's, let's just get into a fight as opposed to a shooting. But it's still a violent confrontation he's seeking. He still sees them on Flamingo. They make a U-turn. They turn to confront Tupac and Chug. The only thing that's different here is that the shots came from the back. I don't know what happened. I think they were blasted. We were blasted. I have no idea. So this, the 2017 statement is, South Side Leader, Front Passenger Seat, Gun From Zip. He denies. Gives the gun back to Cadillac. Kind of hedges about where the gun came from. And then still, shots come from the rear. So where we were in 2017, he had the incentive to protect what he was saying because he had more exposure. And so he's still South Side Leader. He's still the front passenger seat. He denies the gun from Zip. He hedges. It's not very clear. But then he says, the shots come from the rear. So now let's look at 2019 for a look. But first, when we're looking at the 2017, this isn't confusion. It's not as though Mr. David is like, well, you know, I don't know how to keep this story straight about what happened in the Cadillac in Las Vegas. It's calculation. It's his self-interest. And his self-interest dictates what he says. But it's never, I'm not sure what happened in the Cadillac while I was in Las Vegas. Okay, 2019. Now the story pays him and an excuse protects him. And so one thing I just want to talk about briefly about what an adopted admission is, and that's number 39. A statement doesn't have to be made by a defendant in order to be considered his own statement. If you find, and again, this is your promise, if you find that a defendant by his own words or conduct manifested that he adopted a statement or believed it to be true, you may consider that statement as a defendant's own statement. The same as if he made it himself. And so we have the book. It's Kifi D with Yusuf Jah. Now, I don't know the correct way to spell Kifi D, maybe with two F's, maybe with two E's, maybe with three E's. I'm trying to look it up. There's no place for an official spelling of Kifi. But this is what he tells you about. So that is a textbook version of an adopted admission, right? What he's saying is, this is my book. This is the truth. Please go get it. So if Yusuf Jah wrote it, it doesn't matter. If Kifi D wrote it, it doesn't matter. If some homeless dude on the street wrote it, it doesn't matter. The second he holds it up and says, this is the truth. This is the true version. Come and get it. It is now an adopted admission as though he said it for himself. And these are some of the things he says. I have risen in the ranks to become a major shock caller for the notorious Southside Compton Crows. And we actually know this outside, right? We've learned this before. When he talks about the Glock. I pulled out the Glock that Zip had given me and tossed it in the backseat. So that's doing two things. One is telling you that Zip gave him the Glock. He tossed it in the backseat. Bubble Up did the driving. Baby Lane and Freaky were riding in the back. It's the same composition of people in the Cadillac. Bubble Up busted a U-turn. Hit the gutter lane on their asses. They had a caravan of at least 18 or 20 luxury cars. As they sat in traffic in the middle lane, we slowly rolled past each one. Looking until each car until we pulled up to the front vehicle and found who we were looking for. And this is key, right? Because this whole, in every iteration, it is, these are the, this is an intended target, right? It was by, initially they were looking for them at 662. They gave up the search. But once they see them again, they re-initiate the mission. They make the U-turn. And they're going there for a very specific purpose. to shoot and kill the people in the vehicle. Now this is the part that Mr. Davis adds, right? The shit was on. Tupac made an erratic move and began to reach down beneath his seat. It was the first and only time in my life that I could relate to the police command, keep your hands where I can see them. Instead, Pac pulled out his trap and that's when the fireworks started. One of my guys from the backseat grabbed the Glock and started busting. So, now Mr. Davis, because he has some exposure, is trying to create a self-defense scenario. But have you heard of any other firearm being used? No. Or have you seen any physical evidence of a firearm being used? No. Is there any suggestion that another firearm is being used? [00:56:43] Speaker 9: No. [00:56:44] Speaker 1: So, what do we do with this? We don't throw away everything Mr. Davis is saying. What we say is, what is his self-interest in saying this? He published a book, and he doesn't want to get arrested for the admissions in the book. Even though, as we learn, we'll learn very soon, that this doesn't even qualify as a self-defense. Finally, a theme that was reiterated throughout all of Mr. Davis' statements is, "Them jumping on my nephew gave us the ultimate green light to do something to that." And I know you folks have heard a lot of Mr. Davis over the last couple of weeks. One interesting thing that you hear recurring, is whenever Mr. Davis is asked, "Do you feel bad for what happened? Do you feel bad for having participated in the murder of Mr. Shakur?" And Mr. Davis has two responses. One, Tupac brought it on himself, which in this courtroom, not true. In the world of gangs, it's a different story. The other thing Mr. Davis always says is, "I'm sad what it did to my life." If you listen to any one of those instances, it's not about his actions. He feels justified in the world that he lives in, to take these actions. He's more upset about the consequences of having participated in the murder of Tupac Shakur. And on the book, he says he's the leader. He was in the car. He armed the shooter. He hunted the victim. He did it for revenge. He published the proffer. Which is interesting. Because what he says in the book is, "I went there, I did a proffer." I had to do it. I had to tell the truth. That's what my attorney told me. And so, at that point, Mr. Davis has broken the confidentiality of the proffer. Now, he's not the first one. Greg Caden, in his personal capacity, published the details of the proffer. There's no doubt about that. In his personal capacity, after leaving the LAB. And no charges follow as a result of that. He will allege the proffer. Then, in 2019, Mr. Davis does two things. He publishes the fact of the proffer, and starts the proffer. And, you know, there's a fair critique of Greg Caden to say, "Hey, you are making money. Off your investigation." That's a fair critique. But it is an entirely different proposition to be profiting from a murder. And that is what Mr. Davis is doing. He is profiting off a murder. And in the book, Mr. Stamps had pointed it out, that in the book, he does say that some of the facts have been changed. There is a disclaimer here. Some of the facts have been changed. And they have. Some of the facts have been changed. But, you know, many years ago, O.J. Simpson wrote a book that said, "If I did it." And so, in 2019, you have, he's still the South Side leader. He's still in the front passenger seat. He gets the gun from Zip. The gun moves towards the rear. There's shots from the rear. There's shots from the rear. And the point of this is not to say all the facts. All of these other facts align. In fact, he does change things in the book. He says, he calls a little owl the Reaper. He changes names. He changes hotels. Instead of the Monte Carlo, now he's at the Caesar's Palace. He changes some of these things around. He's a little self-aggrandizing, not shockingly. But the core facts remain. The material facts remain. The statements are different. But again, his motivation is what changes those statements. In 2008, the truth helps. In 2009, the truth can hurt it. In 2017, the truth exposes him. In 2019, the truth needs an excuse. Because when he's going public saying, I killed, I participated in the killing, I orchestrated the killing of Tupac Shakur, he needs for some public and legal reasons to say, hey, he started blasting first. Even though we know. That's a lie. And so these are the changes. Whether he procures a firearm from Zip, admitting a firearm from the... saying who fired from the back of the Cadillac and adding that Tupac strikes back. These things are about one thing, though. His own responsibility. But let's talk about the thing that never changes. He never gets himself out of the Cadillac. In 2008, 2009, 2017, 2019. And the one thing he never says from 1998 to 2023 is, I wasn't there. Mr. Sam proposed to you this idea that this case was about fact versus fiction. This is great. This case, like all cases, is about evidence versus argument. The judge told you what each is. Evidence, which you are to consider in this case, consists of the testimony of the witnesses, the exhibits, and any facts agreed to by counsel. That is what evidence is. Mr. Sam told you that, well, you know, a microphone is always a microphone, and that's the only way you can know something to serve if it's an object that retains property over years. That's no basis in the law. And the other part is, statements, arguments, and opinions of counsel are not evidence in this case. You guys have done a great job listening to me for probably too long. But what I say when Mr. Sam says with Mr. DiGiofamo says, it's not evidence. Our little clips, even the little clips I provided you of the testimonies that happened. It's your understanding of what you've heard and the accumulation of things that have been admitted, including those statements. That's the evidence in this case. And so when Mr. Sam tells you that everything that Mr. Davis said was BS, that's not evidence. That's an argument. Because I'm sure defense will argue, Dwayne Davis is making this all up. But according to who? According to who? Detective Dan Long said he was ready to arrest. Bob James told you he knew precisely who he was hunting. According to who is this a lie? Who have you heard from say that this is a lie? What is the evidence in this case? In fact, Derek Dupree, a man who worked 33 years in homicide, who was part of that federal task force said this. [01:04:24] Speaker 10: I didn't think Mr. Davis was lying because he put the gun in his nephew's hand. And if anybody knows anything from what I hear, Mr. Orlando Anderson was D man besides keeping D in that neighborhood. He was the prince. And his family loved him. I didn't think that Mr. Davis would put the gun in his own nephew's hand, dead or alive, and put that sweat on him unless it was true. And the person I killed, two five. [01:04:59] Speaker ?: Okay. [01:05:00] Speaker 1: And again, your memory in Gubbard is not a little clip that I put together. I think this is a pretty thorough explanation of why Mr. Dupree doesn't think Mr. Davis is a liar. Because think about what this story is if Mr. Davis made it up. What kind of person would say that the person I love, the person who was a beat down, is responsible for one of the most notorious murders in Las Vegas, in the country? He would not. It would make no sense to put that smut as Detective Dupree on somebody that you love. That's a lie. As a truth to get out of a life sentence. That's Detective Dupree. I'm going to briefly discuss murder and then I promise I'll sit down. Who fired is not the question. So we're talking about the legal issues in the case. Who fired is not the question you need to ask. The law asks two questions instead. Did Mr. Davis help the killing with intent? He has to have the intent. Or did he agree to it? And you take that one at a time. So we're not required to prove precisely which defendant actually committed the crime and which defendant needed a betting. In fact, you don't have to agree whether it's eating or betting or directly. And the other thing is, and this is important in this case because you've heard a lot of other people's names. You're not here to decide other people's guilt, whether they're guilty or not guilty. Mr. Davis can be guilty and somebody else can also be guilty. You're not here to decide anything beyond if Mr. Davis is guilt or being not guilty. So what's aiding and abetting? It's in instruction number nine, all persons who knowingly and with criminal intent, and he has to have the intent to be clear, the criminal intent to aid and abet are principles and are equally guilty. In an abet is to act with the intention that the crime be committed. You don't have to pull the trigger. If you knowingly help the crime along, meaning for it to happen, the law treats you as though you pull the trigger. So what do we have here? We have Mr. Davis getting the gun. Mr. Davis's status as the shot caller, right? His status is what makes him part of this. He aided and abetted this murder. The law that Zibid had given him and tossed him in the back. And he got the gun for what? For what purpose? Why does he have this gun? Why does he give it back? You know the answer. And there's a second independent path. So you have aiding and abetting, which is I helped the crime. And then there's conspiracy. I agreed to the crime. And I agreed to the crime. And one of the ways you prove that up is normally you don't have a handshake or a contract saying we're going to go murder somebody today. Normally you do it by the coordinating series of events, who you're with before, during, and after the crime occurs. And in that instance, the act of one becomes the act of all. So what makes a conspiracy here? We talked about this. It's a coordinated series of acts. The act of one is the act of all. And so whether or not Mr. Davis fired, and he did it, right? That's not our theory. The shot from his crew while he was leading them with the gun he provided and further into the plan. And one of the most difficult things for Mr. Davis in this case is his status and his presence. You combine those two. And what is his status? He's the shot caller, right? In every instance, in every iteration, he's the leader of the South Side Crimes. Now sometimes he says, I used to be the leader. But in every iteration, he's the leader of the South Side Crimes. And we've established that with Mr. Davis' statements and without Mr. Davis' statements. We've established that through all the witnesses who discuss Mr. Davis in this case agreed. Mr. Davis was the leader. Mr. Davis was the shot caller. So he has that status. And then we have his presence. He's presence. And every iteration is inside the car. So, when you have the shot caller sitting shotgun, as shots are fired, there can be no doubt that Mr. Davis is liable for that murder. Mr. Davis is responsible for that murder and frankly coordinating that murder. The shot caller doesn't just ride along. That's what you heard Bobby Ladd say. In no world does a shot caller just sit there. He's shooting. [01:09:35] Speaker ?: If he's in the car. [01:09:35] Speaker 1: Now, if he's not there, all bets are off. But if he's in the car, he is responsible. He's the one guiding. He's the one giving the approval. In his own words, he's the one giving the ultimate green light. Now, with murder, murder hit. The laws of murder here are they yet have malice. And malice here is no mystery. If you're acting in revenge, that's malice. It's malice enough to establish a murder. Why is Mr. Davis on the hunt for Mr. Shakur or Mr. Knight? There's no question about that. And then the real question for you folks is going to be the level of degree. First or second degree. That is a meaningful distinction. First degree versus second degree murder. That's one thing that you have to really look at. So the degree turns on Davis' own mind. What can we establish that he's thinking? And you never know what somebody is thinking. You can never pop in their brain. You can only learn by their actions and what they're doing. So willful. Willfulness is the intent to kill. He armed himself for one reason. He first got the gun for himself and then gave to the back for one reason. And that is the intent to kill. Deliberate. He got the gun. He organized the group. He hunted for Mr. Shakur. This is a course of action. Chosen and weight. It's not a reflex. This happened two and a half hours later. It's not as though I hear this. Let me grab my gun. Let me start shooting. Two and a half hours later. He has to organize the group. The van and the Cadillac. This is a deliberate set of actions. And then finally, premeditation. Premeditation and design and determination to kill distinctly formed in the mind of the time of the killing. He armed himself before he ever laid eyes on Tupac that night. The design was formed long before the shot. So here's an interesting break. We have him going to Club 662 for the express purpose of a violent confrontation. And then he goes to the liquor bar. And it's over, right? It's over. And then they're driving along and they see Mr. Shakur. And again, they could have just driven off. But instead they make the U-turn. A U-turn is the premeditation. It need not be a day, a minute. It can be as quick as excessive thoughts of the mind. And in that minute, in that second, when they decide to make the U-turn, with a shock collar sitting shotgun. The decision can be made. It's a plan, not an impulse. So at the beating, he armed himself, he organizes the hunt and the U-turn. The firearm as the deadly weapon. And so this has been something that I've heard in Mr. Assange's opening. Well, where's the gun? Well, the law says we don't need to require the gun. And of course that makes sense. Frequently, if you commit a crime, if you commit a murder with a gun, you're not keeping it with you. And so the law doesn't require us to have a gun. Nor does it require us to have a Cadillac, by the way. And what would those things tell you anyway? It would tell you that a gun was used in this crime. Okay, we know that. We would know that Cadillac was used in this crime. Okay, we know that. The only thing about the Glock is that we heard from the Niven investigator. That Glock has never been used again. In the 30 years, the Glock has never been used again. It was disposed of. And he is guilty of use with a deadly weapon, even if he's not the person that pulls the trigger. As long as he armed the shooter and wants him to use it as part of the continuation of the crime. So you don't have to be the person pulling the trigger. If it's part of your conspiracy to use the gun, you're guilty of the with use of a deadly weapon. And finally, I want to just give this the short shrift that it deserves. Mr. Davis in his book and in the 2017 documentary tries to make some claims that, well, Tupac's aren't blasting at us. In some effort to make a self-defense claim. But self-defense is never available to the original aggressor, a person who sought the quarrel with the design to force a deadly issue. The person killing must act under the influence of those fears alone and not in revenge. Who's doing the hunting? Even if we were to buy the public story as opposed to the private story. Even if we were to buy the public story, it's still not self-defense. It's still not self-defense. So, it's not a crime, it's not first-degree murder, it's not second-degree murder without using the deadly weapon because we know that a deadly weapon was used. It's not that guilty because it's not self-defense. Because you can establish the crime, a large part of the crime, the context of the crime, and with Bob James, frankly, the crime without Mr. Davis' statement. When we throw in Mr. Davis' statements, it's not my guilty. And because it was premeditated, willful, and deliberate, it's not second-degree murder either. It's first-degree murder. Now, the last thing I'll talk to you about is Mr. Davis' view about the compensation he has gotten. And he's gotten compensation. He got compensation for the 2017 documentary. He got compensation for the book. He's gotten compensation for the YouTube videos. He's gotten compensation for a lot of these things. And there's the argument that, well, how do we know he did it if he's getting paid for it? Well, those aren't mutually exclusive. And Mr. Davis explains explicitly what the nature of his money is. This is after he's arrested for the murder. Not before. After. Even after he's arrested for the murder. This is what he said. [01:15:44] Speaker 5: I've got blood on my money. [01:15:51] Speaker 1: Blood on my money, and then laughing about it. And whose blood is on that money? Mr. Scores. For nearly 18 years, Dwayne Davis has told the police, television, books, YouTube interviewers. Anybody that will listen, he has told. He is responsible for the murder of Tupac Shakur. Tell him you hear him. Find him guilty. [01:16:33] Speaker ?: Thank you, Mr. Pallal. [01:16:36] Speaker 2: One of the things that, obviously, that we've learned over the time that we've spent here together is that it's your recollection that governs further than whatever the evidence is. So even though we're sitting here and we're telling you what we think the evidence has shown, when you go back into that room and there's both of you, your notes and your recollections will govern what the facts are in the case. So, what I'm going to try to do is show you things that I believe are relevant in the course of the trial. Now, one of the things you just have to understand is that Mr. Perdue, I think, brought this up as well, is that with regards to the snippets, right, you know, the videos and so forth that I'll show you, I don't want you just to take it as, you know, gospel truth. So, whatever those snippets are, compare that against your notes and your recollections. Is that correct? [01:17:30] Speaker ?: Okay. [01:17:32] Speaker 2: Now, in addition to that, we have to ask ourselves the question, really, at this particular point, like, why are we here, 30 years later, Dwayne Davis that actually confessed, truly confessed? That's really the question of the day, right? You know, when you sit around and you think about a case like this over 30 years, you have to ask yourself, like, what did they really confess to that was true? So, let's walk through what we know, and then figure out at the end where they are in terms of their case. Now, I have to give you this caveat, though. Something called burdenship. Meaning, remember in the beginning, I said, you know, if I just sat there and played with my hair, looked out the window, technically, and really, honestly, the state in Nevada still has to show you proof beyond a reasonable doubt, right? I could just not say anything at all and just sit there. And the worry is, when I put on a presentation like this, is that you're going to listen to my presentation, listen to the state's presentation, and go, "Well, you know, I wasn't quite sure about the state, but I definitely don't believe in the defense statement." And so, as a result, leaning back towards the other side. If I were to sit down right now, you would still be obligated to weigh all the evidence in terms of what the state's burden or job is in this case. Their responsibility is to show you that they've proven their case beyond reasonable doubt, right? Now, one of the things I've asked everyone at some point, I think, was what favorite movie you have. My favorite movie, I just took this picture this morning, early morning, working on this PowerPoint, is Ocean's Eleven. And the reason why I like Ocean's Eleven is because it's like a twisty movie at the end, right? You sort of have to wait until the end to realize some of the twists and turns. And some of the questions that were asked during the course of this trial, you may be thinking in your mind, like, "Why ask that question?" Or, "Why bring in this piece of evidence into the case?" And so, what you're going to learn during the course of this thing is that the evidence that we have is incomplete in this case, right? You hear from both Detective Becker and Detective Long that they are missing officer reports. Now, why is that important? It's because we're not giving you everything. And you, as jurors, deserve everything in terms of the full weight of the evidence in this case. We don't have it. And because of that, you have to keep in mind as we're going through all the evidence in this case that, look, the Metro's investigation was compromised. Weird that you would have a detective concerned enough about his file that he would lock it up. Weird enough that you would have another detective basically have to create a false case number to hide people from unauthorized access of a file. Until you realize who is file. Tupac Shakur was the most famous rapper in the world. And everyone wanted to know the answer to the question, "Who shot and killed him?" Now, one of the things that we've talked about before is Contimpedie. And you've learned this already, right? We told you in the beginning, look, Contimpedie was shut down due to corruption. And who did we hear this from? We heard it from Special Agent Lee. [01:20:41] Speaker ?: "I can turn it up." [01:20:42] Speaker 2: "I can turn it up." "Oh." [01:20:51] Speaker ?: "Let me slide here." "Let me slide here." "Let me slide here." "Let me slide here." "Let me slide here." "Let me slide here." [01:21:08] Speaker 2: "We had it worked before so I don't know why it's not working now." "I don't know why it's not working now." "No problem." "This tech guy, come on." [01:21:32] Speaker 11: "This is the tech guy." [01:21:34] Speaker 5: "No, he does not." [01:21:36] Speaker 1: "He just happens to know this wrong button." [01:21:50] Speaker ?: "Thank you." [01:21:53] Speaker 2: "And it's in terms of the Compton Police Department." [01:21:56] Speaker ?: "Fair to say that..." [01:21:57] Speaker 2: "So Special Agent Lee talks a little bit about the Compton Police Department." "And it's in terms of the Compton Police Department." "Fair to say that at some point they actually disbanded or they were shut down." [01:22:12] Speaker 13: "Yes, that's accurate." "And that went in what year?" [01:22:15] Speaker 2: "I don't remember specifically. [01:22:17] Speaker 13: It was somewhere in the late 90s, I believe, or early 2000 period." "And why did they get the scandal?" "I don't know these specifics. I know there was numerous allegations of corruption and such and things like that in the department. "I don't know there was any criminalization of structural deficiencies." [01:22:38] Speaker 2: "Alright, so once again we learned this information." "Now, one of the things that I'm going to turn your attention to in your instructions." "So you can just write down this particular instruction." "It's instruction number 42." "Instruction number 42 is an instruction that says the following." "And I want to make sure everyone understands this." "Where independent evidence establishes that the victim's death was caused by the criminal agency of another." "A defendant's own statements, if believed." "Admitting the crime need not be further corroborated by evidence connecting the defendant to that crime." "It is up to the jury to determine the weight to be given any admission or confession." [01:23:25] Speaker ?: Now what does that mean? [01:23:26] Speaker 2: "That means that if you believed his own statements as Mr. Davis has been telegraphed or whatever we've presented for Mr. Davis in this case, that you don't have to cooperate with any of it." "But here's the thing. If you don't believe it, then I think you do have to cooperate." "So even though the state may say, 'Well, hey, we don't have to cooperate with anything, but we're going to show you guys stuff,' "in reality, cooperation's important." "We need to know and test the veracity of something." "So if we don't believe his statements, then we do have to cooperate." "And in this particular case, number 44, deals specifically with the credibility of a witness." "And I just want to read this real quick for you guys, because when we go through it, this will be important." "The credibility or believability of a witness should be determined by his manner on the stand, his relationship to the parties, his fears, motives, interests or feelings, his opportunity to have observed the manner to which he testified, the reasonableness of his statements, and the strength or weaknesses of his recollections." "That's the stuff, right? When you hear the testimony of people up on the stand, when you hear them talk about what they recall, that's the kind of thing you want to do with regard to that credibility." "And when you do, determine if you believe that a witness has lied about any material fact in the case, you may disregard the entire testimony of that witness or any portion of his testimony, which is not proved by other evidence." "So the idea behind it is: cooperate, right? I say something, should be proved by something else." "Now, you're also asked in this case, just don't leave your common sense at the door." "Look, when you walk in here, it's not suspended disbelief, you're not watching a movie." "Your common sense and life experience as men and women of our community governs in terms of how you look at the case and what you think about the facts in the case." "Now, one of the things that the state has talked about was this idea of direct and circumstantial information." "Now, here's the thing. I think Mr. Palal had said something along the lines of, you know, this case is drenched in circumstantial events." "You talked about this idea of rain, right? So, okay, yeah, you see outside, we're in Vegas, dark clouds over the horizon, humidity goes up, it's, you know, you can smell the rain in the air, the ground is wet, and the car is wet, right? Those are all things that could indicate to you when you leave here that it rained. Sure, right? You can agree to that." "Now, here's the thing about it. Each of those details are facts. So, when we say you smelt the air, that's a fact. You experienced that yourself." "That's direct evidence of an element to the circumstantial evidence." "When you say you see puddles on the ground, that's direct evidence, right? So, it's not like it's circumstantial, circumstantial, circumstantial. You still have to show facts in order for you to get that circumstantial decision or result." Does that make sense, everybody? Okay. So, in this case, when we talk about fact versus fiction, what we're talking about, in this particular case, goes to the heart of the issue with dirty cops, and this is coercion 101. Now, in this case, what you've learned, and hopefully you've heard during the time we spent together, is that Mr. Davis wanted his own attorney. So, in this case, it's called. And Greg Cady, this disgraced LAPD detective, calls him dirty. And Mr. P, or the detective in this case, was in the room. Now, even though he told you that he was not in the room, he's in the room when they're having conversations. And this is what happens in this case. [01:27:10] Speaker 6: "There's some problems, in my opinion, and this may not be a shared opinion, but I just don't believe in Edie's ethics. I think he's a dirty attorney. I think that he will lie, cheat and steal, in order to get himself out of the defense problem. I think that there was ethical problems with the way that he had LAPD. I know he has a problem, the officer might, and that whole thing is the problem we don't want to have to deal with. And as you know, he also represents Michael Thoreau, and we just don't want all those problems." "Are you representing Michael Thoreau right now?" [01:27:45] Speaker 2: What you just heard right there is a detective telling a defendant who his choice of attorney is and not. How does that reconcile in everyone's brain? How does that become something that's okay? The reason why that's important is because of the jury instructions, specifically on the issue of whether or not someone's coerced into discussion about anything to do with anything. And just for those who are following along here and keeping score, this would be jury instruction number 41. 41 says this: "In making the decision about the voluntariness of confession or admission, you should consider all of the evidence about the statement, including the circumstances under which the defendant may have made it. factors to be considered in determining whether a confession or admission is voluntary, includes the youth of the accused, and of course that's not here. Also, his or her lack of education or low intelligence. The lack of any advice of constitutional rights. The length of detention, the repeated and prolonged nature of questioning, and the use of physical punishment such as the deprivation of sleep or food." Now you have to understand something. The state has to prove to you by preponderance of the evidence that what his confessions were or what he talked about were voluntary. Right? Now what does that mean? That means in this case that they have to show you that it's more likely than not that his confession was not voluntary. Here's the problem. The people that are in the room talking to Mr. Davis at that particular point don't have his best interest at heart. And some of that includes Mr. Higgins, the attorneys. So you have a detective say, "Don't go with your attorney. Mr. Higgins is your attorney." And now here we are, having conversation after conversation after conversation after conversation after conversation. So in terms of the elements of whether or not there's a lack of any advice of the constitutional rights, you have an attorney who's definitely not working on the side of Mr. Davis in that room cajoling, pushing, reminding, directing what he's going to say to the people that are in that room. [01:30:03] Speaker 6: So once again, you're hearing Greg Hayden's voice on there and he's telling he, or Mr. Davis, the things that he thinks, and the things that he thinks, [01:30:19] Speaker 2: would be appropriate for Mr. Davis' best interest. Does that sound right to you? Or does that sound like the lack of any advice of constitutional rights? Now, in addition to that, here's the last question. [01:30:42] Speaker ?: Now, in addition to that, here's the last question. [01:30:42] Speaker 2: What this ultimately comes down to is how a lot of people, your life is, your family, and when I say your family, I mean your extended family, [01:30:55] Speaker ?: I mean your brothers and your sisters and your wife and your kids, that's it. And any beyond that, as far as we're concerned, it's fair to him. How about Speedy? He hasn't worked out his own deals. [01:31:04] Speaker 6: Speedy ain't got a lot to, he ain't got a lot on the table. I don't think that that's going to be a problem. And, you know, we'll throw that thing in. If that's what's important, he will throw that thing in. But besides that, everything else is serving in for us. [01:31:16] Speaker 5: I don't feel a sense that we keep taking the conversation. [01:31:23] Speaker 2: Talking, you have a tinge of what we like to call the kind of unethical behavior we would never want from our police officers in this case. Now, in addition to that, what did we learn from Detective Long? Detective Long testified and basically said that, look, there are times when I left the room so that Mr. Higgins and who? Mr. Dupree or Detective Dupree can have conversations. How is that okay? Now, when we think about the way this is working out in terms of integrity, listen to the reports that were made in this case about Becker and Long and protecting their file. You also heard from the civilian investigator, Dorsey, who got in here and testified and said, Hey, you know, he also used material like, for instance, Kathy Scott's book with the autopsy holograph. And Mr. Dupree did not want to say this, but he did say this on the stand that Caden had stolen the Tupac box. [01:32:24] Speaker 11: Was there a problem at the Las Vegas by fault with the department of information related to your investigation being leaked publicly? [01:32:33] Speaker 14: Well, I became aware that there may have been some information being leaked. I couldn't say who specifically was doing it, but I was becoming concerned to the point that in our office, we had shelves behind, not behind my desk, but there were some shelves where a lot of the case files were stored. And once this case continued and I, you know, the nature of who the victim was, especially when he passed away, there would seem to be a lot of interest in it outside interest, especially with the media. And I became concerned about it. So I started locking my case files in my desk because I didn't want them to be available. Because I left things on my desk and a couple of times I had found things different than when I left them. And it just bothered me. So that's why I locked them up. [01:33:56] Speaker 2: Now, why is that important to you? It's to determine the quality of the information that you've received in this case, whether or not it's all of it, whether or not it's in terms of its integrity has been preserved. Now, the additional... Was there still interest in the murder of Tupac at the time that you discovered the case? Was there media attention? Maybe not to the level it was in the beginning, but there's still issues with regards to access to the file network? [01:34:25] Speaker 9: Yes. Yes, there was. Now I know where you're going. [01:34:29] Speaker 2: Yeah. And what I mean by that initially is that even in Metro, was there any concerns on your part about unauthorized access to the file? [01:34:37] Speaker 9: Not by me. I wasn't concerned. But my lieutenant had become concerned and wanted to sequester the file away from everybody else because there was a lot of people going in and looking. Very, very, very famous person. [01:34:54] Speaker 2: And with regards to the going in and looking, can you describe to the jury what type of activity you're talking about here in terms of going in and looking? [01:35:05] Speaker 9: I didn't do any investigation in this, but my lieutenant told me that people had been going in and being curious looking at the file. [01:35:15] Speaker 2: Did you at any point, was there any measures that was taken to preserve the safety and security of that file? Yes. [01:35:24] Speaker 9: What were those measures? They locked down the file itself, which was the hard copy of the file. We used to, at that time, we were on a computer drive called the F drive, which turned out to be too small. And they later moved it to another drive because homicide just kept growing. So they changed the way I did my reports. I would hand them in and they were secure. Okay. [01:36:01] Speaker 2: Now, once again, this is the civilian investigator referring you back to your previous testimony with regards to Captain Scott. Just for the jury's application, Captain Scott is not a detective. Correct. She is a reporter. She was a journalist. She was a journalist. All right. And you wrote a book with regards to her information she had gathered as that journalist, right? Correct. Not her own investigation, but what she had heard on the street. [01:36:31] Speaker 9: And from detectives that she talked to, yes. Right. [01:36:34] Speaker 2: And so, when she first published her book, fair to say, but I'm holding up for you and I want to make sure I'm not here for the jury, this is the third edition, right? Okay. Are you aware that Kathy Scott's first edition that was published was actually in 1997, a year after? [01:36:51] Speaker 9: Something like that. It was very fast after that. [01:36:53] Speaker 2: I remember that. [01:36:55] Speaker ?: Okay. [01:36:56] Speaker 2: Okay. Hi. Hi. Once again. Here's a little break. He leaves LAPE and takes the Tupac file with him? [01:37:05] Speaker 10: From what I hear, something to that effect. [01:37:08] Speaker 2: Meaning he stole the file? [01:37:10] Speaker 10: Something to that effect. [01:37:11] Speaker 2: No. In addition to that, he also took the Biggie file, right? With him when he left. [01:37:15] Speaker 10: From what I hear, I've never seen him, but that's what I hear. [01:37:18] Speaker 2: Okay. Now, one of the things that's the danger in this case has always been, just because we say something, is it true? Right? Now, like what Mr. Paul had said earlier about, you know, the microphone, what you're holding in your hands right now, that you can touch and see and feel, is a fact. Right? That pen, that piece of paper, the chair that you're sitting on. The Lakewood Mall incident is interesting to me. And the reason for that is because they're using this as sort of the triggering mechanism that starts a war in Compton between Sawside Crips, Mob Pirate. The question I have to ask yourself is this. [01:38:03] Speaker 1: Those tensions boil over in the Lakewood Mall in the summer of 1996. There, you'll hear that Trayvon Lane, a member of the Mob Piru, associated with death row records, was there with other members of Mob Piru in order to do some shopping. Lakewood Mall was a mall nearby company. You'll also hear that baby Lane Anderson, Orlando Anderson, the defendant's nephew, was there. Now, Trayvon Lane that day was wearing a chain with a death row medallion. And there was a fight that occurs between the Mob Piru group and the Southside Compton Crips. And at one point that chain... [01:38:47] Speaker 2: The fight that we're talking about was discussed by the man who got up here named Jerry Rock. Remember him? He got up here and he talked about it. And he said that it was basically a man. And I want to make sure to say that you told Detective Mog a more specific sort of thing that happened at the Lakewood Mall, right? [01:39:05] Speaker 8: Yeah, I would say. [01:39:07] Speaker 2: Yeah. Can you tell us, for instance, the location of where the fight took place? [01:39:12] Speaker 8: Yeah. Yeah, it was by Foot Locker. [01:39:14] Speaker 2: By the Foot Locker. Yeah. In fact, you had mentioned that the fight at the Foot Locker was so bad that they had to remodel it after the thing had gone down at the Lakewood Mall. [01:39:27] Speaker 8: Yeah, it was turned into the world Foot Locker. [01:39:29] Speaker 2: Right. And there was the case of mayhem that was occurring in that Foot Locker. Yeah. [01:39:35] Speaker ?: Okay. [01:39:36] Speaker 2: Now that's important. His testimony to you under oath is that, hey, this is what happened at the Lakewood Mall in the Foot Locker. Now, here's the question, though. I mean, it's funny how we just immediately jump and we say, oh, Lakewood Mall incident, Lakewood Mall incident, and we jump into it as actually being true. What proof do you have that it actually happened? What proof? Now, Detective Ladd, what does he say? We go back to the Lakewood Mall incident, right? Sure. Is the Lakewood Mall incident, in your mind, the sort of the definitive act in which the war is now declared between the, you know, Mob of Hyrule and the South Side Crips? [01:40:27] Speaker 15: That was the first incident that sparked this whole back and forth thing. [01:40:34] Speaker 2: Yes. Now, let me ask you this. Did it really happen? Yes. [01:40:39] Speaker 15: Okay. [01:40:40] Speaker 2: Now, in your book, you identify it as happening at the Lakewood Mall. Yes. And it happened in a Foot Locker. Yes. Now, do you have any indication at all of a police report or a call for 911 to the area on a fight that occurs at the Lakewood Mall? No. [01:41:00] Speaker ?: No. [01:41:00] Speaker 2: No. No. [01:41:02] Speaker 15: No. [01:41:03] Speaker 2: Do you have any indication at all from the security people at the mall where they would have written up a report that said, "Hey, we had an altercation here at the Lakewood Mall?" [01:41:14] Speaker 15: I don't think a report was generated by the security officers, no. [01:41:17] Speaker 2: Okay. Now, fair to say, of course, there's been some description of that brawl being the kind of brawl that actually required Foot Locker to redo their entire inside because it just destroyed the inside. Do you recall anything like that? [01:41:33] Speaker 15: I never heard anything like that. I just know there was a fight at the Foot Locker. [01:41:39] Speaker 2: Right. You heard there was a fight, but you never made any effort, for instance. And it's not your job because it's Lakewood, right? Correct. But in essence, no verification that even Foot Locker was contacted to say, "Hey, did a fight break out over here on this particular day?" Nothing like that. [01:41:55] Speaker 15: Don't recall. [01:41:56] Speaker 2: Okay. So, in essence, what we have right now is what you had heard from people on the street as to what happened at this Lakewood Mall, right? [01:42:05] Speaker 15: Yes. [01:42:06] Speaker 2: Now, some people, I would assume, thought that the shooting of Tupac was in retaliation, or maybe the fight of Tupac and Orlando was in retaliation to what happened at Lakewood Mall. But as you're sitting there right now, you don't have any actual proof of the Lakewood Mall incident actually occurred. [01:42:23] Speaker 10: No. [01:42:24] Speaker 2: Okay. Once again, do not presume anything in this case. When someone says, "Hey, this happened," look for the evidence that supports it. Look for the facts, like you would with a microphone or a pen, that supports it. Now, we have Special Agent Lee, and what does he say is a member of the FBI? Can you tell us what facts you have to support that there was even a Lakewood incident that occurred? [01:42:55] Speaker ?: Sure. [01:42:56] Speaker 13: I'm sorry. You're asking what facts? [01:43:02] Speaker 2: Sure. [01:43:03] Speaker 13: Well, we have several witness statements. [01:43:05] Speaker 2: Okay. So, you have several witness statements. You are not aware that those allegedly, and according to what you write yourself, this was a couple weeks before the murder of Tupac Shakur. Marcus, who lived at the south side of the neighborhood, was in a mall by himself. A number of Blood Street gang members attacked Marcus, and they began beating him, or Anderson, and then others approached the situation, observed what was happening, then went to the aid of Marcus. They beat up the blood gang members. That's what you wrote in your prayer, too, right? [01:43:35] Speaker 13: That's for crew, man. [01:43:36] Speaker 2: Yeah. Now, in terms of that information, did you ever go to the mall to verify that there was this thing that happened a couple weeks before the murder of Tupac Shakur, which would have been sometime in August of 1996? Did you ever do that? No, I did not. Now, in fairness to you, sir, Lakewood Mall, in that area, is governed by a police department. I don't know, is it Compton, or is it the next one over? I'm not sure. [01:43:59] Speaker 13: Yeah, it wouldn't have been Compton. [01:44:02] Speaker 2: Okay. So, where was the next one? Did you ever, at any point, reach out to that police department and say, "Hey, can you get us the information on this so we can verify it before we put it into our 302?" A couple weeks before the murder of Tupac Shakur was a beating that took place. Did you ever do that? [01:44:18] Speaker 13: Okay. So, your statement regarding doing it before we put in the -- there was information that was provided to us by Mr. Davis. So, at that time, we're just recording what Mr. Davis is telling us. Sure. So, this is a follow-up investigation on that. Sure. [01:44:36] Speaker 2: But the state has not introduced this document as an exhibit for the jury to consider. You're telling us that you can't verify the information in it? [01:44:44] Speaker 13: I'm telling you what Mr. Davis told us. [01:44:48] Speaker 2: Okay. But you cannot verify that information. You're telling us right now you didn't verify the information that he told you. [01:44:54] Speaker 13: I didn't verify that specific event. [01:44:56] Speaker 2: Okay. Do you know if your partner did? [01:45:07] Speaker 13: I'm not sure. [01:45:10] Speaker 2: Okay. Once again, we can talk all day and have statements made, but without facts, why are those statements? They're just words. Right? So, even the FBI agent can't tell you that that was a confirmed event that actually occurred. That was a trickering mechanism to a fight between Pirate Bloods and Southside Crips. Can they? Can they? You don't have proof. So, Canada doesn't exist. Now, when you think about it, you don't have any facts. So, you start thinking. You start thinking, well, so many people have said it. So many people have said, oh, well, this leak with my incident has occurred. Your job as jurors is very difficult. You have to sit here and weigh the evidence. But what facts do you have then? If something happened inside a footlocker, for instance, you would think that there would be a report filed by the footlocker. Or an alternative, if the footlocker had damage caused to be inside of it, it would be an insurance claim. Right? There would be some trail in the information. Or even just the police showing up on scene. Now, the second one I wanted to talk a little bit about is this idea of Tupac Tupac, right? That my client describes how he first sees Tupac Shakura on the street. [01:46:26] Speaker 7: So what directed your attention to him was some girl shouting at Tupac? Tupac, he gave himself away. He gave himself away. He gave himself away. He gave himself away. He just ran up. He gave himself away. He just ran up. You are you. [01:46:56] Speaker 2: There he goes. There he goes. So what he says. Now, what did you hear from Leonard Jefferson? He testified. He was there among the caravan. What does he say? Were people running up to the park? [01:47:10] Speaker 7: No. [01:47:11] Speaker 2: And so when you ran up, Tupac, was he hanging out the window? Was he sitting in his chair? He was sitting in his seat. [01:47:17] Speaker 6: Okay. [01:47:18] Speaker 2: And when you have that conversation with them, of course, you're having a conversation and it's not like... I mean, you're not hearing people screaming out Tupac saying anything. No. No. All right. He's present at the scene. This is what he recalls. Well, let's talk about somebody else. What did she say? She's in the vehicle that's right next to Tupac and Shuk Knight's vehicle. And then, according to the testimony, she heads his forward. And then the other vehicle pulls up on the next thing over. What did she say about this Tupac, Tupac thing? And when that was happening, did any of your people in your vehicle yell out, you know, Tupac, Tupac? Anything like that? [01:47:59] Speaker ?: No. [01:47:59] Speaker 2: Absolutely not. Oh my gosh, it's Tupac. No. Okay. Now, during that time period as you're over here behind Shuk's vehicle or next to it, did you ever see... Can you describe to me what Tupac was doing in the vehicle? [01:48:12] Speaker 16: When we pulled up on the side of him and she was talking to Shuk, he was relaxed, like, sitting in the chair, um, chair, sitting in the passenger seat. And Shuk was relaxed talking to Lauren. Um, nothing. Like, there was no engagement. [01:48:28] Speaker 2: Okay. So, as you're sitting there and you pull up, Tupac was not hanging out the window and doing something out of the window. Absolutely not. [01:48:36] Speaker 16: No. Okay. [01:48:38] Speaker 2: And his torso was not sitting on top of the window yelling to his fans, Tupac, Tupac. [01:48:43] Speaker 16: No. There was no fans around. They were just driving in the car listening to music like we were. [01:48:47] Speaker ?: All right. [01:48:48] Speaker 2: And once again, I want you to remember that, okay? The, my client says he sees him and that's how he's able to recognize that it's Tupac is because the noise and the person, you know, hanging out of the window is Tupac. Now, in Mr. Davis's book, he puts in the book exactly how he describes what happens here. Um, and what he says is, if you look at the book, it says, "After our pit stop at the liquor barn, we continued towards the carriage house. As we were driving, the two vehicles that were with us that caught a traffic light that we kept rolling. A few blocks down, we were sitting at the light and who did we see? The death row caravan hit the corner of Tupac hanging out of the window. The black loved you BMW waving to his fans. The people on the streets were screaming, "Tupac, Tupac, we love you, Tupac." In unison, all of our heads turned. There them go right there. If Pac had not been hanging out of the window, we would have never seen him. Why is that important? Because we are taking his accounts, and what we're saying is, at this point, is that a fact or is it a fiction? That is obviously not what happened on that particular night, because you have eyewitnesses who say something completely different. But, what the state wants you to do is take that book like you would an applicant or a promise at the bottom of an application for credit, and sign it saying that I attest to this book being true and correct with regards to what he recalls. Now, look at the facts of the Coldwell versus Flamingo. So, Mr. O'Kali comes in and pacifies that he found these bullet cases, and these were the cones. And I think somebody had counted the cones and realized that there was a discrepancy in the number. But the cones are set out. This right here, this flamingo, that right there where the red lights are on top, that's cool. Now, the picture, of course, is, you know, technology is probably better now than it was back then. But in terms of what you're looking at on the screen, let's just look at what it is. How can my client see Tupac hanging out of the window screaming if he's sitting at the intersection? And you have to remember that Ingrid Stokes had testified and said that there is at least one car in front of Shook's car, if not two. So, if the other individuals are on the other side, and they're going to cross with their weight at the light, how can anyone see Tupac Shakur inside a BMW if no one's screaming, "Tupac, Tupac?" Is that a fact? This is the testimony that you've heard from people. Those are facts that I'm showing you right now. In fact, if anything, when you look at that again to see how dark this area is, the lights are there, once again, but this is 11 o'clock at night or 10 o'clock at night. It's dark. This is their evidence. Now, Mr. Davis in his book writes and says that we were sitting at the light. He's sitting at the light waiting for a red light. Say he is. He would have to run that red light to go down the street and flip around and come right back. Now, the other part of this, too, that just doesn't make any sense is when you look at it from the viewpoint of this picture, when you see that white vehicle that's right there, that would be basically Shook Knight's vehicle. The evidence alone just on this would indicate to you that Mr. Davis is not telling you the truth. Or in the alternative, he's not telling you a fact. He's telling you fiction as to how this all goes down on the night of September 10, 1996. Now, we're asking you to use your common sense, right? Don't leave it at the door. Don't leave it at the courthouse steps. But when you think about Mr. Davis' statements, they all conflict. The only thing that doesn't conflict in terms of his statements is what we would like to say are historical facts. Now, let me tell you the reason, the difference here. Everyone ever seen the documentary called Titanic with Jack and Rose? [01:53:18] Speaker ?: Yeah. [01:53:19] Speaker 10: All right. [01:53:20] Speaker 2: So, we've seen that. Well, I'm sorry, they say documentary. We've seen that movie. Now, do we know if Jack and Rose actually existed? The answer is no. We don't. However, we do know that the Titanic did strike an iceberg in sync. That's a historical fact in the middle of fiction. So, in this particular case, yes. His statements conflict with one another. They conflict with the book and they conflict with the facts. And the only thing that we have is that we can agree on is that Tupac Shakur was shot and killed on September 7, 1996 in Las Vegas, Nevada. Now, some of the additional information that you've heard from the discussions that Mr. Davis had with people in 2008-2009, he stated that he waited outside of 662 for 15 minutes. You recall that? Go back to your notes. But, with regards to what's in the book, he says he waited in the parking lot for 90 minutes. Why is that important? Because there's uniformed actual police officers sitting in the parking lot. You heard testimony from Reggie Wright Jr. who says Metro was guarding security from the door to the parking lot and I had my own retired police officers on the inside from the door going into the club as well as pirate blood. One of the other things that's interesting about what is the book, for instance, is when Mr. Davis says that he had a gun. When you read the book and you have that opportunity, you can take that book and look through it. One of the things that's interesting to me is this idea. that he sees Zip and Zip is in the parking lot or in the valet area. So it says while we were waiting for the valet to bring out our cars, this would be at the MGM. Zip seized the opportunity and called me over to his Benz. Zip was a big time New York player, Pimp and Hustler who used to come out to California to handle his business and take it with us sometimes. As I walked up to the driver's side window, I noticed that the rapper, Foxy Brown, was in the vehicle or the car with Zip. So he instructed her to step out of the car and motioned me to jump in. Zip had a hidden compartment that he opened up, reached in, pulled out a black 40-clock out. He turned to me and said, "It's time to get the money." Zip handed me the 17-shot pistol, which I promptly put down the back of the waist of my pants. I hopped out of the car, held the door open to Moxie Brown, get back in, closed the door and they pulled out. Just imagine and just use some common sense. Is the book basically saying that when you're a gangster in Compton, you can carry a gun whenever you want? And that when you're driving towards the state of Nevada and you see the sign that says, "Welcome to Nevada." You pulled over at some type of locker and then just deposit your firearms because you don't want to break a law in Nevada about carrying a firearm. If you are a legitimate gangster, do you have someone hand you a gun and say, "Hey, take this one gun and go and commit a murder." Does that make sense to you? Now, in addition to that, one of the things that we've asked you to consider in terms of your weighing of the evidence goes back again to the idea of witnesses. "The credibility and believability of witness should be determined by his manner on the stand, his relationship to the parties, his fears, motives, interests and feelings, his opportunity to observe the matter to which he's testified, the reasonableness of the statements and the strength of witnesses of his recollections." Now watch this. You and Orlando and everyone else meet up. [01:57:13] Speaker 17: But you guys don't have any guns. Who said that? Well, it was in the book until Zip, Von Zip came in the picture. [01:57:24] Speaker 7: I don't want to talk about that. Okay. [01:57:30] Speaker 17: But it is in the book. [01:57:32] Speaker 7: Okay, yeah. [01:57:33] Speaker 17: Let them read about it. Okay. And I guess Foxy Brown was with Zip? [01:57:38] Speaker ?: Now, here's the question. [01:57:39] Speaker 2: Is that the reaction of a man who wrote his own book and knows the details of the book? Does that look like a guy who understands and knows that yes, that actually did happen because I wrote it in my own book? That man, when that statement was made, looks over to the left or looking over to his right. And I don't think he's looking with this idea that somehow he knows what's going on. [01:58:01] Speaker 17: You and Orlando and everyone else meets up. But you guys don't have any guns. [01:58:07] Speaker 7: Who said that? [01:58:08] Speaker 17: Well, it was in the book. Until Zip, Von Zip came in the picture. [01:58:16] Speaker ?: Is that important? [01:58:17] Speaker 2: Because you have first hand experience of a person who does not know his own book. Or whatever the story was, whatever the fiction was that was inside that book. Does that sound like someone who wrote his own book? When he's asking the question, who said that we didn't have guns? That is what you would use in terms of your common sense, in terms of way the evidence in this case. Now, another thing in the book is he talks a little bit about Ingrid's car. And this is what he says about it. He says, "When the shooting stopped, we burned out and the white Chrysler Supreme full of young ladies was following us. The windows quickly got shot out. So they stopped. The interesting thing to me was all of them rough as they were supposed to have with them. None of them did a damn thing and tried to come after us. There were a lot of shots left off in both directions. Interesting part, right? Their window quickly got shot out so they stopped. Once again, he's supposed to be there. He's supposed to be at the scene. He's telling you first-hand knowledge of what happened. Let's take a look at the testimony. So at some point when the shots were ringing out, you just immediately just gassed the car and made a right-hand turn on the pole. [01:59:34] Speaker 16: Yeah, until the turning line. [01:59:36] Speaker 2: Okay. And your testimony here right now, for instance, is that the top was down but you didn't see? [01:59:40] Speaker 16: No, I was looking down because I was initially changing my seat. So I would thank God I was all face down. [01:59:47] Speaker 2: Okay. And when you pulled off and you make that right-hand turn, did anyone shoot at you? [01:59:53] Speaker 16: Probably. I honestly don't know. There was a lot of gunshots. [01:59:56] Speaker 2: Sure. Okay. Did any, after the event had occurred, did you ever observe any bullet holes in your vehicle? [02:00:04] Speaker 16: There was no bullet hole in my vehicle. [02:00:05] Speaker 2: Was there any shattered windshield as a result of, you know, anything happening on the scene? No. No. [02:00:12] Speaker ?: Okay. [02:00:13] Speaker 2: Fact or fiction? Right? Yes, we understand that Tupac got shot in Las Vegas on September 7, 1996. But outside of that, what facts do we have to support what's in this book? Now, in addition to that, Mr. Davis talks, or in the book, talks specifically about his vehicle. And what he says here is that, um, let's see here, uh, the, the, had busted on some off-duty cops in Atlanta a couple of, a few years earlier, so he wasn't scared to bust on top of it. By the time he rolled up, he had to know the person they had jumped on was, in the casino, was a Southside Crip, so they had been on high alert. The shots settled a couple of people in our car had fragments and glass in their hair, and none of us had been hit. Once again, you're, you're reading a book that is fiction and not fact, but the state wants you to believe that this is somehow a confession, that he was there and present at the time of the shooting. Now, in addition to that, sir, you're the, the things that, you, did you actually look at the actual, uh, cartridge casings themselves? [02:01:22] Speaker 18: Yes, I looked all seven side-by-side, and I streamed them, and then grouped them into one grouping, which represents one firearm. [02:01:30] Speaker 2: Right. And, uh, as far as you recall, or understand that the cartridge casings were located at one scene, not multiple scenes. [02:01:38] Speaker 18: Um, I didn't look into the case notes, uh, that's try to keep our, uh, distance. We don't do any investigative work at the lab, so we don't want to bias our mind to what was, so I did not review any of the crime scene photos, any of the diagrams, I do not know. All I know is I have seven cartridge cases, how do they group, and, uh, which ones to enter. [02:02:01] Speaker 2: Okay, and so out of the seven, all of them look like they're fired from the same firearm. [02:02:05] Speaker 18: Yes, they had similar visual characteristics, and I entered one, uh, which I assigned as lab item one. [02:02:12] Speaker 2: I see. So, no... Now, the reason why that's important is because now it indicates what's the physical evidence here, right? What is the fact? The fact is, the cartridge casings, whoever shot from whatever gun it was, was only one gun that was the shooter, right? Whatever it was. Not multiple people shooting back and forth. Now, I guess the question is, once again, just like the link with Mons, and we have to ask ourselves, was any of the people that we've talked about in the car? See, once again, facts, right? We're like, oh no, we know that at least Orlando was in the car. How do we know that? What facts have you guys taken down that says that they've proven that Orlando Anderson was even in the car? We presume, right, that there was a fight that occurs at the MGM, and that, you know, as a result, it has to be Orlando. Well, if Orlando was sitting right there in that chair, what proof do you have that Orlando Anderson was even in the car? Beyond. But no, what we do is we lump everybody into the equation. Now, one of the things that was done in this case for photo lineups, right? A tool that detectives used to help identify potential suspects. In this particular regard, the photo lineup that shows Terrence Brown, no one, as far as you know, no one identified Terrence Brown as being in a vehicle even in Las Vegas on September 7, 1996. [02:03:40] Speaker 14: If Terrence Brown was in one of those photo lineups, then he wasn't identified, correct? [02:03:47] Speaker 2: How about DeAndre Smith? Was he ever identified by anybody in a photo line, and his photo lineup as being present in Las Vegas, Nevada on September 7, 1996? I don't recall anybody being identified in a photo lineups. [02:04:00] Speaker ?: I don't recall anybody being identified in a photo lineup. [02:04:00] Speaker 14: Okay. Once again, a tool for everyone to use. We don't have proof that even Armando is in the vehicle. Now, here's the question you have to ask yourself. Is Davis, Smith, and Brown even in Las Vegas on September 7, 1996? [02:04:05] Speaker ?: Why is that important? Because we're presuming all this stuff. [02:04:07] Speaker 2: Yes, there's a book written, he says these interviews, but what actual proof do you have that Davis or Smith or Brown was even in Las Vegas? Now, here's a book written, he says these interviews, but what actual proof do you have that Davis or Smith or Brown was even in Las Vegas? Now, here's the thing, we know that Armando was, right? There's video of Armando at the MGM, he gives his ID to a cop, we know he's here, but who else? What proof do you have beyond reason without? Now, the things that we would look for would be in the MGM surveillance. Anything in there that they would spot a person that looks like Mr. Davis in a suit walking through the MGM. How about paperwork, receipts, things that would indicate that, hey, I bought some stuff here in Las Vegas, you know, something along those lines? How about phone records? Anything with regards to Mr. Davis, phone records to his home or maybe his cell phone or maybe just a phone in the hotel room because we're talking about 1996? How about photographs? These people, you know, when you go to a fight, you go to a fight, you want to memorialize the moment with a photograph? What about something like that from Mr. Davis? And the ticket stub is important in this case. And the reason why that's important is because we're going to talk about the ticket stub and the search form. Now, the ticket stub is an exhibit that I have brought up. According to the testimony that you heard, this was found with Shugnay at his home. This is what Detective Ladiott said that this was obtained at Shugnay's house. This is the ticket stub for the Zeldin versus Tyson fight for September 7th, 1996. Why would he have this ticket? Because it's important. It's an event, right? You go to the fight. You know where you don't find any evidence of this? In that guy's house. [02:06:09] Speaker ?: All right? [02:06:10] Speaker 2: Something as important as this or something as memorable as this, we don't find it there. Now, here's the thing, though, about it that's interesting. Compton PD does a search. And you recall, it was about two weeks after this event had occurred. They said, "Look, we went and did a search of all these homes. There's like 38 homes." You know the homes that they also had as well? Mr. Davis' home. And Orlando Anderson's home. So let's look at that. This would be back in your, when you go back and look at it. But with regards to this address here, and I want to say, this is 1405 South Burrs. Write that down because that's Mr. Davis' address in this case. They look through it. There's the address. People that look there. And then what do they do? They find some information that they take with them. So you're going to have this document go back there. This is a receipt for property taken from that house. And that was done on October 2, 1996. Right? So they go in there. They're looking for stuff. Here's what they find. Here's what they find. Three LA cellular envelopes. Bills and miscellaneous papers. One empty envelope. Address to the bank. A card. A hotel receipt. And they take that. But what does the evidence show you? What do the facts show you? They don't have that receipt. We don't know where it came from. We have no idea. You start jumping. And you help the state out. And you say, of course. It's from here in Las Vegas. Okay. Where? When? How? We don't have any evidence. And this is based upon their search. They also searched the house next door. The house next door was technically vacant. But it was Orlando Anderson was in that house. And this is 1409 South Burst. And what do you find there? You find a letter from Excalibur Casino. Addressed to Orlando Anderson. But nothing else. No date. No reason. And we don't have the letter to show all of you. We also have an envelope. Addressed to Orlando Anderson. That's from that address. We also have miscellaneous bills addressed to Orlando Anderson. But you think this would be important for you, right? To determine whether even Orlando Anderson was staying at the Excalibur on September Senate. We don't even have that. Now in addition to that. What you also have as well is. Let me just go back a little bit. 1997. Another search is done. Of one of the places that Mr. Davis pays. And in that place when he went in there. They were looking for information. It's of course for another investigation. But ultimately at the end of the day. They're still wondering who. If maybe Mr. Davis was involved with the Tupac murder. And this is what they find in the receipts. And this was as of. This would be the 27th of May 1997. So a year later. They find the following. Money do bill. For the Monte Carlo Casino. [02:09:21] Speaker ?: Right? [02:09:22] Speaker 2: This is what they have. This is what they do. How does that help you? It doesn't. There's no date. There's no time. There's nothing that would indicate that it has anything to do with a Tupac murder. But once again. This is them coming into your home. Or into his home. And searching without. Without any type of announcement. They're doing this as a surprise. And that's all they find. With regards to Mr. Davis. Now you have to understand. That. You know as we sit here right now. The questions are always going to be asked. of announcement. They're doing this as a surprise, and that's all they find with regards to Mr. Davis. Now, you have to understand that, you know, as we sit here right now, the question's always going to be asked. Why would he say these words? Well, obviously it was because he wanted to protect himself, he wanted to protect his family, and he wanted to make money. So let's listen to what Mr. Dupree has to say about that. In addition to that, we talked a little bit about the type of scenario that Mr. Davis is in, right? He's being targeted as a potential suspect in a Biggie Smalls murder. You develop information about him being a drug dealer, right? And you had said, I think, how much time is he looking at? Life sentence? I think so, yes. Right, pretty heavy sentence, right? And so, you had also targeted the idea, though, that it wasn't him moving some large amount. It was people coming into his house, potentially his family, people could be arrested, his friends, for instance, that was part of that, and they all [02:10:45] Speaker 10: could go to prison, right? I will say this. Mr. Davis took the hit for a lot of people in his family, and his kids, his wife, but that's why he did a lot of stuff he did. I will say that. [02:11:02] Speaker 2: And I appreciate you saying that. So, in essence, he said, okay, this is all in the I will take the hit for the family. Yes. Now, going back again to more facts. Mr. Davis says, or the book says, that he saw Shug, Snoop, Tupac, and the Rose Boyce on Friday at MTM. What proof do you have of that? Detective Long has an interview with my client in 2009. [02:11:27] Speaker 15: Everybody goes to Vegas, and you spend a couple days [02:11:30] Speaker ?: there for the fight. Are there any of the citizens in Las Vegas prior to the fight? The Tyson fight? No. We sent them, uh, they had four little Billy Rose Royces. The girls was out there, and we sent them and all that. Who'd you see? Uh, what's it, uh, what's it? It was Snoop, uh, Tupac, uh, Shug, they had a rose, they had a black, white, and a red rose, they pulled up and, where was this? Where was this? There was an MTM. It's pretty tight. Yeah. Okay. Mike Tyson, they pulled up in the Bentley's. Uh, Warby, Mike Tyson, and, um, what's the name? They pulled up and made Bentley's. And all the girls were never made rose the rose to the convention. It was, yeah, yeah, yeah, yeah, yeah, they had it. It was synthetic looking like hot wheels. It was so pretty. Um, you remember anything about what, uh, Shug or Tupac were wearing when you saw them pull up? Do you remember it all? Oh, okay, that's fine. Well, this was like the day before. The day before the fight started. Okay. So there was a big authorized girls running everywhere. Yeah, yeah, it was a pretty good circus going on. Yeah, [02:12:48] Speaker 7: Las Vegas circus. [02:12:50] Speaker 2: So Malcolm Greenish had testified. What does he say? Tupac was not there on Friday. He showed up on a Saturday. So your testimony here today is that you drove into town with, uh, Tupac, Tupac's Beyonce and somebody else in a Lexus. Is that a yes? [02:13:08] Speaker 17: That's correct. [02:13:09] Speaker 2: And that would have been, uh, what day was that exactly? The day of the fight the day before? [02:13:13] Speaker 17: That was the day of the fight. [02:13:15] Speaker 2: So, uh, so you arrived into Las Vegas, uh, the morning of Saturday? The fight's on Saturday? It was late afternoon. Okay. Why is that important? Once again, little tiny details that over time when you weigh the credibility of the statements made by Mr. Davis to whoever were never verified. You have to understand that as he's sitting there and having conversations with people, you know, the hardest thing about telling a lie isn't the lie itself. It's the first time you have to repeat the lie is trying to figure out what did I say? Was, what was I wearing? Where was I at? And who was I with as you're going through the lie? Now, every lie after that, muscle memory. It gets a little bit easier when you start repeating the lie again. For that first lie, what we're talking about here is 2009 after the proffer of 2008. Now, one of the things that he also talks about is where did this happen, right? He's telling, uh, in 2008 the group of people that's there including FBI where he got shot and then he talks about, uh, you know, it was off of Sunset and Flamingo and we know that that's not true because Sunset and Flamingo run parallel to one another, right? So, and then also he talks about, it just describes it in Death Row Chronicles about it being like a parade. Well, let's look at it. [02:14:28] Speaker 7: We went up to the 60s and 6th, they didn't show up. We waited about 15, 20 minutes, they didn't show up. So, they're like, let's go for some liquor. We stopped at the liquor store. I got out of the van today, I was a junkie in the cabaret. Oh, this kid. Where was the liquor store at? It's that street. It's a highway. What's that big dog over here? Las Vegas Boulevard? No, not that one, no, [02:14:59] Speaker ?: no, [02:14:59] Speaker 7: it's back, it's, it's east of it. [02:15:05] Speaker 19: It's the one that runs behind all the hotels. It's a parade. It may or may not be on there now. [02:15:22] Speaker 6: At least the intersection where they keep killing them. [02:15:26] Speaker 7: It's east of this. I feel like so. It was a little, what's it, 7 of them or something? Real close to the 52 club. Yeah, it's a big highway. It's a normal food board. [02:15:46] Speaker 6: As you guys go to the liquor store, you're tired of listening before you keep on, you jump into the Cadillac, [02:15:51] Speaker ?: and you, you what? You go to the liquor store, you get out of the van, [02:15:59] Speaker 6: you jump into Cadillac with lame little guys, [02:16:02] Speaker ?: and then what? [02:16:03] Speaker 6: You roll up, what is that? Is there a harmony? There is a harmony on there. Harmony Street's on there, if you can see it. Should be a harmony street on there. Cool wall. [02:16:17] Speaker 7: And where did he get shot at? Harmony. That's on the harmony right there. [02:16:23] Speaker ?: Go ahead. [02:16:24] Speaker 7: That's on this street, huh? What else? The whole wall. Please, I think it's Merlin Parkway or something like that. What do they call that? [02:16:36] Speaker ?: Yeah. [02:16:38] Speaker 7: Just a little bit of a stroke right there. Then we came up Harmony at the Los Angeles Boulevard. Oh, shit. Every day he's coming at the end of it, we're going to get in your car. And we're all like, [02:16:52] Speaker 5: Cooper! Cooper! [02:16:54] Speaker 7: We're like, there you go. We had a U-time. We wasn't supposed to pick you. This was one of the U-times. They was in the middle lane. We just pulled up on the side and checked every car and see where they were. [02:17:06] Speaker 1: And with regards to Mr. Davis' statements. Then, Dwayne Davis decides that he's going to do public interviews regarding his role in the murder of Tupac Shakur. [02:17:22] Speaker 7: So you ended up getting in the car with Baby Lane and... I don't know. I got to throw it on here. We ran into the gym. Went into the light on the sunset and Tupac Shakur. [02:17:34] Speaker ?: And Duda, we act like he was in the parade or something. And that B&W hang out [02:17:40] Speaker 7: and we're like, [02:17:41] Speaker ?: man, it's Tupac, it's Tupac. [02:17:45] Speaker 2: I'm set in Flamingo. Now, you have to ask yourself the question. If he's the man who commits the crime or is present during the murder of Tupac Shakur, doesn't sound like he knows where it's at. But let's look at this. This is the video that was shown to you by the documentary people that were doing the Death Row Chronicles. I want you to watch his reaction here. [02:18:11] Speaker 7: I'm here, Cold War, Flamingo. And this is the spot that changed my life. Forever. September 7th. [02:18:23] Speaker 2: Now, let me ask you, look at this. Does that look like somebody who knows exactly where the spot was that it happened? Remember the testimony of the person that got up there? He said, oh yeah, we went and we asked him going out to the area what evidence do you have of that? He's standing on a corner and if you look at it again, he's on this corner of Cold War. [02:18:43] Speaker 7: I'm here, Cold War, Flamingo. And this is the spot that changed my life. [02:18:51] Speaker 2: right over the back of his shoulder is where the turn would have been made by Shug Knight and so forth to make that left. That's not a man that's pointing to the exact location at which the murder occurred. Now, why is that important for you? Because by this point, I mean, we're talking years later, information about where Tupac was shot and killed, the general location of it, the Cold War area. That's what he was pointing to. He was never, you don't have any proof that he knew exactly where the murder was. Why is that important? Because he would think. That's one thing he would remember is where it was when it happened. [02:19:26] Speaker 7: I'm here, [02:19:28] Speaker 2: Cold War. I'm sorry, I'll go back there. [02:19:30] Speaker ?: Let me just do it one more time. [02:19:32] Speaker 7: I'm here, Cold War, Flamingo. And this is the spot that changed my life. September 7th. [02:19:44] Speaker ?: You know what would have been [02:19:44] Speaker 2: a better angle for this crew when they're doing their documentary? Would have been from the other corner. Right? You're sitting on that corner and you point backwards like this is where the spot happens. This is where I was, this is where Suge was, this is where the next car was, and the next car. You get specific. You don't sit on the corner of Cold War and Flamingo in some random corner and say this is where my life changed. That's not how it works. You show people exactly where it happens. He never knew because he wasn't there. Now, in addition to that, what you find as well is the, you know, one of the images from the state's exhibit in this case is the degree of material. Now, one of the things that was asked about multiple times from different people who were responding to the state's subpoena is you don't want to be here, right? You're responding to a subpoena. Well, why is that important? Because they were showing you that, hey, I don't want to come forward, I don't have time for this, but I get dragged into the court, right? We've heard from people that the state had asked about. But who are the people that should have shown up in this case? Detective Maugh. The main detective, right? The guy who pushes this over the bull posts and says, hey, now there's enough evidence to charge this case. Where is Detective Maugh? Could they have subpoenaed him? Sure. Could they do it in this case? How about Chiknay? They know where he's at. He's in custody. It's not like he's going anywhere. Why isn't he here to share his story with you? How about Foxy Brown? Now, Foxy Brown is an artist. She's not here. You saw parts of the book where the reference to Foxy Brown is. Where is she at? This Big Meech of Detroit is another individual that's named in the book. So when you read the book, what you're going to find is Big Meech is one of the individuals in the van that they're driving, allegedly, right? They never go talk to Big Meech of Detroit. Where is he? And then this use of job person. Who is that? And then, once again, our disgraced LAPD detective, Greg Caden. Now, you have to understand how many people had eyes on this file. And it isn't just one or two people. We're talking different, highly qualified, professional organizations from the FBI to the Metro to LAPD to Compton PD and even to Mike Dorsey, the eager beaver civilian investigator. Those guys are all looking at this file and none of them verified any of the information that we're talking about here. How is that possible? How is that possible? And that's a problem in this case when you presume that just because the state says something that it's true. Now, in addition to that, think about all the law enforcement tools that they have to their disposal. Wiretaps, phone records, bank records, business records, hotel records, digital forensic examinations of digital devices, fingerprints, DNA, surveillance videos, surveillance, they can do firearm and case examinations, search warrants, DMV databases, criminal history databases, gang databases, photo lineups, and then I fell asleep. So I don't know how many more, but when you look at all the tools at their disposal, they have nothing in this case that says that that man was here in Las Vegas on September 7, 1996 with all of their tools. And once again, for some of us that may be a little bit younger, the idea behind this is, yeah, maybe some of that stuff wasn't around, like digital forensics examination. Sure. Maybe the DNA wasn't as good back then. But all the other stuff is still relevant. There's not one thing that says that Mr. Davis was in Las Vegas on the night of the shooting of two bucks or two. Now, one of the things we talked about was retaliation, right? He said, oh, this was retaliation and Mr. Peniel over here said that this was one of those things where retaliation was key and I think Mob James got up here and said, oh, yeah, if this happened to me, this is what we would do. That night, we knew who did it. Really? What proof do you have of that? So what they're alleging is Mob James went hunting. I think that's what the state said. Mob James went hunting. How? How did they retaliate against these poor individuals when they went back to conflict? So the analysis is man gets jumped at a casino and then you shoot him to kill him. That person just happens to be Tupac Shakur, the crown prince of death row records, the number one rap artist in the world and then nothing happens to those four individuals? Well, let's ask the question as to what happened with the four individuals that were allegedly in the vehicle that somehow there's going you were talking at the time with Terence Brown. You are aware that Terence Brown actually dies in what, 2015? [02:24:51] Speaker 15: Yes. [02:24:52] Speaker 2: Right. And when he dies, do you know how he dies? [02:24:58] Speaker 15: Yes. [02:24:59] Speaker 2: How did he die? [02:25:00] Speaker 15: He was at a marijuana dispensary in Compton and a robbery occurred and he got killed during the robbery. [02:25:09] Speaker 2: So based upon the way he was murdered in that case, no indication that that was some type of retaliation for the murder of Tupac in 1996? No. Okay. In addition to that, 1996, I apologize. With regards to DeAndre Smith, do you know [02:25:27] Speaker 15: when he passed? 2004 and he died of medical complications. [02:25:34] Speaker 2: Right. And as far as you know, nothing that would have been associated with any type of retribution or revenge for the murder of Tupac Shaker? [02:25:43] Speaker 15: Correct. [02:25:45] Speaker 2: Now, Orlando is the one who passed away relatively quickly after the shooting. [02:25:51] Speaker 15: Yes, approximately a year and a half. Right. And in terms of how he passed, is he was shot and killed? Yes. You want me to tell you what happened? Please. Orlando Anderson was with his best friend, Michael DeRoe, and they were at a burger stand in Compton, and across the street from the burger stand, there was a carwash. Orlando Anderson recognized the people of the carwash. There was three people sitting in the car, and he recognized one of them that owed him money for some narcotics that he didn't pay him for. So Orlando Anderson took it upon himself, and he initiated the confrontation. He drove up to the car, and he exited with a gun. However, one of the persons in the other car, they had a gun too, so they had a shootout at the carwash, and then when the smoke cleared, Orlando Anderson was killed during the shootout, as well as two other people in the other car were killed. [02:26:49] Speaker 2: And in terms of the two other people in the other vehicle, were they both Crips? [02:26:53] Speaker 15: Yes. [02:26:54] Speaker 2: So it wasn't a blood-on-Crips sort of shootout? [02:26:58] Speaker 15: No. [02:26:59] Speaker 2: It was just over money and drugs? Yes. Where's the retaliation, guys? Where's the thing that says this was a gang thing, and as a result of Tupac fighting and, you know, getting into altercation with Orlando Anderson that cost him his life, that somehow that in and of itself is done, and no one goes after the four individuals that are allegedly in the car? Do you know why they didn't do that? It's because they weren't in the car. Because, as you recall, Mob James' testimony up here, this man gets up here and he's Mob James. But he's the type of person, though, that you think if he's impulsive on this stand, how do you think he was 30 years ago? You don't think he would have done something? If the word on the street was, it's these four guys, you don't think he would have done something? But no, these guys don't die at the hands of any of the Piru bloods. Interesting, right? No retaliation. And in this case with regards to being lame with Amanda Anderson, he sues Tupac's state for injuries. What do you do? Why do you do that? Why do you get involved in a lawsuit if you're the guy who's the shooter and commits the crime? Why would you do that? And then you heard testimony that Shug Knight in the Death Row Records pays him money. Why would you do that? You're Shug Knight, you're in the car, you narrowly miss death, and now you pay this guy money? This very fearsome man, Shug Knight, who's the type of person that allegedly even held vanilla ice over a balcony, right, to get the rights of something or another, pays this guy money? This powerful man of a $300 million company pays this guy money? How does that work? Now, this is where the common sense comes into play, doesn't it? Shooting of Shug Knight, murder of Tupac, and no retaliation. Tell me how that makes sense. Now, in addition to that, when we go through the questions, what evidence do you have to show that Tupac was even a gangster? I think we had testimony that says that he wasn't affiliated with the gang. He was on a death row label, Shug Knight was Malpahiru, and so as a result, maybe he was just hanging around with people who were. But do you have any evidence to show that he was actually a gang member with the Malpahiru? The answer would be no. So we can't presume that either. They haven't shown you proof of that. So as a result, there's no retaliation going on between anybody because there's no gang warfare going on between anybody. Lakewood Mall incident was not proven to you, nor does it exist because you don't have any proof of it. Now you have this idea that there's a gang war going on and no proof of that after the fact. Now, let's talk about this white Cadillac. The white Cadillac shows up in work, right? Now the first time we hear of the white Cadillac is when Luxor Security tells Detective Fekker basically that a white Cadillac shows up and is at the rear of Shug and Tupac's caravan. So let's hear this. The angel Zavala, [02:30:25] Speaker 11: Zavala, he was working as well and his recollection of the vehicles were there was a white Dodge caravan, a black Cadillac or a Mercedes and two other black vehicles. Two white vehicles were also behind the group. Zavala said he thought the last car was a Cadillac or Burek with four black males. That's what he reported. [02:30:51] Speaker 14: Right. That's correct. [02:30:55] Speaker 11: Thank you, Judge. [02:30:56] Speaker 2: Good luck, brother. [02:30:57] Speaker 5: Okay. Any regress? [02:31:00] Speaker 2: Just real quick to Detective Fekker. With regards to that last line, the last line is that the last white vehicle was either a Cadillac or a Buick, right? So the Cadillac was a white Cadillac. [02:31:14] Speaker 14: Correct. That's the way that's worded, yes. Either a white Cadillac or Buick, yes. [02:31:20] Speaker 2: All right. No further questions there. And why is that important? Remember the timeline. Tupac gets into a fight with Orlando Anderson. Tupac, Suge Knight, and the rest of the Pyro Bloods leave or death row records. They leave MGM and where do they go? To the Luxor. While at the Luxor, they get changed. While they're getting changed, they get picked up by Suge Knight and the caravan. Now from that point forward, at the Luxor, you've heard now that there is a white Cadillac that's in the caravan. And they're picking up Tupac. Now what happens is that caravan does not go directly to 662. They go instead to Suge Knight's house. And it's a private community. And this is what Officer Haidt says. I'm going to turn your attention to the Suge Knight residents. Can you tell us what you're or what you actually did at the residence? [02:32:13] Speaker 20: I was with another officer and we were at a gate and we basically stayed at the gate while an entourage of vehicles came through. Approximately 15 vehicles came through and the last one being Sugar Knights. [02:32:25] Speaker 2: Okay. Now with regards to the entourage of vehicles, where did they go? [02:32:29] Speaker 20: In through the gate. I never went in through the gate so I didn't see where they went after they entered the gate. [02:32:35] Speaker 2: Okay. And with regards to the vehicles that went in, did you recognize or give note any of the vehicles that were in there? [02:32:41] Speaker 20: The last one was Suge Knight's it was a cream-colored Cadillac. [02:32:45] Speaker ?: Okay. [02:32:46] Speaker 2: Um. Did you hear that? Cream-colored Cadillac goes into Suge Knight's residence along with a long line of vehicles. This is right after they're at the luck store. They picked up Tupac and now the caravan goes into Suge Knight's residence area and it's a private community. So it's not like this Cadillac just happens to drive down the street he's in a private community because he heard from that particular officer that he was not inside of the community he was on the outside by the gate. Now here's additional testimony from you. Did you see [02:33:18] Speaker 5: the cream-colored Cadillac leave? [02:33:21] Speaker 2: Yes. [02:33:22] Speaker 20: They all left. [02:33:24] Speaker 5: Okay. When was that? [02:33:28] Speaker 20: Um. Close to 10 o'clock I would say. Okay. Maybe 9.30ish. [02:33:34] Speaker 2: Okay. So now it's not like the cream-colored Cadillac or light-colored Cadillac or white-colored Cadillac whatever you want to call it parks itself at the you know some other residence in the community that Suge Knight lives. They all leave. That's important. Right? Because in essence now that white Cadillac or that cream-colored Cadillac is by all intents and purposes by just by the actions part of the caravan. Now another sergeant that's there at the scene he testifies and he says this about the color of the cup. Now with regards to your recollection for that night did you what were the other vehicles that you remember entry into the residence area of Suge Knight and leaving the area of Suge Knight's residence? [02:34:20] Speaker 19: Well they uh Suge and Tupac were there approximately 30 minutes and they exited back out followed by cream-colored Cadillac compact vehicle that was occupied by four females. [02:34:39] Speaker 5: Okay [02:34:39] Speaker 2: so once again you have law officers law enforcement officers sitting there and they're just taking casual notes of things they're not no one's understanding this and 30 years later we're now talking about a cream-colored Cadillac that goes in and out of Shibnack's residence. Now let's keep going. [02:34:57] Speaker 11: Oh and when that white Cadillac left that guard gate it was occupied by two black males as well. [02:35:06] Speaker 19: Yes. [02:35:08] Speaker 2: Okay not two white males not two not a black male white male two black males and the question's asked about a white Cadillac right so light-colored Cadillac let's keep going just with regards to the last question that was asked I was going to drop from the third he says that it was a white Cadillac it was either white or cream is that correct? Yes that's what you wrote in your report yes thank you good for the question now reports are important right because this man would never have guessed in a gazillion years he'd be sitting on the witness stand 30 years later what do you think he would have to do he would have to refresh his recollection based upon what he wrote down in his report as a police officer right so thank goodness he had done that now Malcolm Greenish says he saw a light-colored white Cadillac right before Tupac was shot Ingrid Stokes describes the Cadillac as whitish the Cadillac fleeing the area after the shooting let's hear what she says and then did you [02:36:09] Speaker 1: see the color of the vehicle? [02:36:11] Speaker 16: Yes so we almost hit the car when we were trying to drop off there was a car in the that last lane that was the turning lane and it was a white four-door I can't tell you what combination it was like white-ish and [02:36:23] Speaker 2: so that's what she says is the color of the vehicle that was the shooter in this case now Heidmeyer you remember him he was the guy that was the very well-dressed older gentleman that was from the Maxim Hotel and he was a security guard and this is what he describes over the wall [02:36:47] Speaker 11: what do you see? [02:36:48] Speaker 3: I see a line of vehicles in the the left straight lane on Flamingo heading heading east and there's several vehicles there was a white Dodge Stratus at the front a black BMW behind it another dark car and I believe another car and then there was a white Chevy Suburban behind that and several more cars [02:37:12] Speaker 2: okay why is that important? well obviously he doesn't know how many cars we've had a detective or officer I'd say there's 15 vehicles that leave Shipnight's residence but one of the things that you find out from what he's saying is that you don't have a description of a white Cadillac and this is remember how he's looking at the road right he hears shots he runs over to where the parking structure is and he looks out and he's telling you what he sees because guess what's happening Shipnight's vehicles make a new turn everyone in that caravan is making a new turn so what he is seeing is after the shots are fired right there's no white Cadillac now if it was somebody in the group maybe somebody's mom was driving it or another person and it was all legit where is it now? where is that white Cadillac? we don't know let's keep going with that so crime scene analyst Dan Ford what does he do? he documents the vehicles in the caravan when they start to stop so as the vehicles go back down Kovall they make a left up to Las Vegas Boulevard and then Shug stops the BMW in the intersection of Harmon and Las Vegas Boulevard crime scene analyst Dan Ford appears on scene and this is what he documents in his crime scene report 1996 BMW 1995 BMW 96 Lexus Mercedes Benz Dodge and Dodge no Cadillac now you have to ask yourself the question why isn't there a Cadillac? why isn't there a Cadillac? the testimony from the people that were there say that Cadillac drifts down from the back drifts up to where the BMW is and shots are fired and that Cadillac was whitish light white green whatever and then takes off now let me just finish up at this point here's my problem with why I just did that here's my problem this is 30 years later you don't have any detective who got up on the stand to testify and say hey we eliminated that theory in fact I don't think that theory has ever existed until such time as we took a look at it and realized hey we got a problem with this Cadillac it pops up at the Luxor it pops up at Reggie or at Shug Knight's residence it pops up and then all of a sudden it's gone why didn't detectives look into it once again not your burden your burden is to see whether or not that guy has been proven beyond reasonable doubt to be present at the scene of the shooting now Reggie Wright what do you know about this guy ex-cop new cop and once again this is one of the state's witnesses he's a fellow this is their witness what does he do he pulls security from Tupac and Shug why would you do that but in this case he takes over a 300 million dollar company with no paperwork he just presumed it because why Shug gets in trouble for violating on probation to which that guy Reggie Wright had testified and said yeah I knew that and he's the main guy for the security what does he get convicted of as a felon money laundering what does he tell his people to do after the shooting occurs blights metro why is that important because what he also told you is hey I'm Shug's right-handed man when you make a call if you want to find Shug call me I'll get you Shug he also is the guy who does all the logistical stuff right he's the guy that's at the 662 and so forth this is his testimony now up to this point you had developed into the person that if you wanted to get a little Shug they would call you right [02:40:56] Speaker 8: in the streets meaning when we out and about he had an office staff assistant Mr. Henderson and Mr. Tessade Roy that were in the office but generally if I call Shug he'll pick up [02:41:09] Speaker 2: he had basically made himself into like the right-hand man for Shug Knight here's this his job was to provide security for Tupac right this is what he says about that [02:41:22] Speaker 1: as the head of right-way security which was contracted by death row records were you responsible for Tupac Shakur security [02:41:31] Speaker 8: yes sir [02:41:33] Speaker 1: how did you handle Tupac Shakur security [02:41:35] Speaker 8: well I had two guys that were primarily always assigned to him one guy was a guy by the name Kevin Ackie who was with him a lot at the beginning later on towards the end a gentleman by the name of Frank Alexander was the one that worked with him as well and then I'll always have additional guys like Al Giddings is one of them fill in for him when those guys wasn't available generally always had one security guard with him after this particular song came out about May or June we upped it to two security officers [02:42:15] Speaker 1: now you mentioned a particular song came out that changed how you handle Tupac Shakur Tupac Shakur's security what song are you talking about [02:42:24] Speaker 8: it was a song called hit him up [02:42:25] Speaker 1: and is it fair to say that in that song Tupac is aggressively expressing his dislike for the members of bad boy entertainment as well as other artists [02:42:42] Speaker 8: that's fair to say [02:42:44] Speaker 1: and as a result of that you decided to change security for Tupac or increase [02:42:50] Speaker 8: well I was a part of the discussion and ultimately had to prove it but I'm sure Mr. Knight and possibly Mr. Shakur and maybe the security officer that was primarily with him we all agreed that he probably needed another guy with him [02:43:05] Speaker 2: does that make sense I mean what he's saying there is like hey you know one of his songs one of Tupac's songs at that time was definitely geared to cause some reaction from other people hearing that song and as a result there was some concern and on the night of the fight September 7th 1996 how many people do you have in your notes were guarding Tupac on the night of the fight with all these people around now let's continue on with Reggie though let's figure out in terms of what he does here you have Frank Alexander you have Tupac and no other bodyguards protecting Tupac that night [02:43:52] Speaker 8: yeah Kevin Hecke was supposed to attend but he wasn't there and I didn't know that he hadn't shown up yet [02:43:59] Speaker 2: but you are aware at that point Tupac was the most famous rapper almost in the entire world if not the entire world and you only assigned one person another person calls him sick [02:44:10] Speaker 8: he didn't call him sick he just didn't show up but yeah I mean it wasn't unusual for Mr. Shakur to roll around with one guy and his outlaw guys [02:44:21] Speaker 2: but once again you're telling us it's only Frank Alexander that's coming from your office right that is correct and you also share with us that there's other people inside 662 who are patting down the mob James crew but you can't send any more people over to be there for Tupac [02:44:40] Speaker 8: if I knew there was going to be an issue that eventually happened of course I would have I would have asked him to stay in the hotel I knew what was going to happen [02:44:50] Speaker 2: you are aware that this was fight night this was Mike Tyson and that everyone in the world would show up to Las Vegas to be there for the fight there are so many people and in your opinion only if you believed that Tupac was somehow going to get into a fight or something on those lines would you have provided more than just the one person I'm just asking for your clarification [02:45:12] Speaker 8: I would have had an army around even if I knew something like that was going to happen or suspect something like that was going to happen but the gentlemen that were with them and the ones that you seen kicking on that on Mr. Anderson that was with security as well [02:45:29] Speaker 2: that was who's security [02:45:31] Speaker 8: death row with staff [02:45:34] Speaker 2: but once again let me make sure I'm clear you at this particular point only have one security guard with all these other people from I don't know from death row records who are not security guards they're all gangsters mob night groups [02:45:49] Speaker 8: I trust more than I trust my security yes [02:45:52] Speaker 2: so more than you would trust cops and officer cops and retired cops you trust those mob pirate guys [02:46:00] Speaker 8: I do personally [02:46:01] Speaker 2: okay what's the problem with that when you are first of all you have a very important client and his name happens to be Tupac Shakur you have to understand his history right this wasn't the first time that Tupac had been shot at he'd been shot at before this was a violent sort of lifestyle that potentially he was potentially going to be in danger and you put one guy on him and then what you say and what you tell all of you is that hey you know and by the way even though I run a security program with all these retired and often police officers I trust mob Piru gangsters and criminals to do the job why how that makes no sense so [02:46:53] Speaker ?: so [02:46:53] Speaker 2: what he says is he says he has 20 to 25 people at six so you're sitting at the club and you don't know [02:46:58] Speaker 8: I wasn't sitting but yeah [02:47:00] Speaker 2: oh well whatever I mean I'm sure you're working right so you're working and your concern is making sure the club passes and that the club passes for Shug Knight even though his attorney's present all these cops are on the outside and you have the security proficiency of mob James on the inside right [02:47:16] Speaker 8: and about 25 to 30 of my guys [02:47:18] Speaker 2: and so once again yes 20 to 30 of your guys correct retired police officers or often police officers correct and they're all there [02:47:26] Speaker 8: correct [02:47:26] Speaker 2: you know and I don't know if you want to chalk it up to bad business I don't think this is bad business at that particular point what he's done is expose Tupac Shakur and Shug Knight to potential harm that occurred that night you put into the other equation of course that that guy became the right hand man to Shug Knight that Cadillac seemed to have a pretty good home at Shug Knight's residence and what do you have you have an issue right because right now with regards to everyone else that's here at 662 you have Metro and Bayside I was in control [02:48:04] Speaker 8: and James was with Shug at the beginning and quite frankly he might be a little upset that my guys kind of took a lot of their roles or their responsibilities [02:48:18] Speaker 2: so on this particular night there's actually metropolitan police officers there were were they hired by you to be on the outside well [02:48:27] Speaker 8: I would say club 662 are under Mr. Khaleesi and the person that was running the club under the other direction I knew they were going to be there but I didn't speak to anyone from the police department to say this is how much I'm going to be getting paid I need you to do this I just didn't think we're going to be working from the door [02:48:46] Speaker 2: it still does not ring true and if you were a detective during that time period what kind of investigation was done on Reggie Wright Jr. what kind of investigation was done on Reggie Wright Jr. to see could he have been responsible for what happened here I want you to take a look at the picture that was part of the exhibits in this case and I'm at and once again this is strip night's BMW it is sitting on the third lane and then you have two other lanes the middle lane is occupied by Ingrid who then moves up a white or cream colored Cadillac depending on how he looks at it rolls up in the next lane over and shots ring out into that vehicle now it's a moving target because the other vehicle is moving Suge Knight's car is perfectly still but the way that the bullets are moved and the impact [02:49:53] Speaker ?: in this area indicates what [02:49:56] Speaker 2: whoever held that gun knew how to shoot it [02:49:59] Speaker 20: because of the group [02:50:00] Speaker 2: now here's the problem with that who was in that white Cadillac that guy that guy's responsible for this Orlando Anderson is responsible for this you have no proof there is no evidence there's nothing when you look at this picture in every other picture in this case that says that Dwayne Davis or Andrew Anderson or Dre or in the other term Bubble Up the man that's driving the vehicle wherever there what evidence do you have but you have a very amazing group in this case coming white or tan Cadillac in this case now one of the individuals that we've talked about is Great Canadian right he gets removed from the Biggie Smalls task force he is then he's escorted out the door with LAPD he steals the file we've talked about that and he creates books podcasts in other countries that part is the last part of support why because that's how he's making his money nowadays now in this case we've talked a little bit about this idea of a shot caller what evidence do we have that Dwayne Davis has ever called a shot in his life before the the Tupac situation do you have anything about that? do you have anything that he's ever called a shot after? and what proof do you have that he actually called the shooting death of Tupac? once again we jump the conclusion we say oh well he had to have done it because he's the uncle of the nephew of the guy who got jumped we can't put Armando in the car we can put Davis in Las Vegas but we're saying that he did it just look at the proof if you have proof your recollection's gone but here's the fact we might have clear on something here in terms of your investigation in this case um did KPD ever order a hit on anybody before or after the shooting of Tupac Shakur not that I know that's coming from Detective Lack right boots on the ground he's in Compton he's a Compton gang a detective and what does he tell you? I don't have any proof of that I don't know now we talk about defending war and in that case what Detective Lack tells us that no one's ever charged in that case weird right people are shooting each other and there's no indication that it's an actual Southside Creek versus Piru blood war in addition to that what are the details here that we want to get out first of all the states brought up this idea of the Chrysler Sebring here's what I'm going to tell you 30 years later or even at the time when the statement was made about the Chrysler Sebring how many people knew the information in this case? you don't know but I would presume if you just follow what Mob J said everyone knew everything it was to do with anything with this case and when you follow what the detectives say there were leaks everywhere with MESCO in terms of their file what information was Sancresant? what information was kept in a vault that was buried 30 feet down that had a double combination code and a rock wireless that was at the top of it what information that no one would have had access to that was leaked out through Metro's people that they were concerned about or an alternative talked about on the streets so this idea of a Chrysler Sebring is that enough? is that what you say? ah, definitely that's it that's the one thing what we would like instead is when they searched his home Davis's home that you find something that maybe was one of the girls in the Chrysler's possession that just happened to pop up and I don't have anything to talk about but it's a Chrysler Sebring now the 40 block the saints basically submitted on this one meaning that hey the information about a 40 block was pretty quick you have to remember [02:54:01] Speaker ?: you have to remember [02:54:01] Speaker 2: that people were looking at this trying to get as much information as they can any which way so you have Kathy Scott who writes a book you have all these people writing articles and all kinds of stuff back in those days and as a result any of this information was available because you had newspaper articles we looked at some of them over here and then we talked about this Laker ticket which I can't find but the Laker ticket is important and the reason why it's important is because in the book Mr. Davis talks about meeting up with Suge Knight sometime later at a Lakers game and they have a conversation weird right it's like this man allegedly just looked directly into Suge's eyes and then shots ring out that killed Tupac and then all of a sudden they're at a Laker game and like somehow Colby just kind of brought them together and now they're you know they're back to being normal that's not how this works that doesn't make any sense but the state finds a ticket that's a Laker ticket now here's the problem with that in terms of the let me get to the ticket here when you think about the ticket in this case go back again to my original problem that's a Laker game ticket that allegedly my client held onto which we don't even know if he was at the game but look at this ticket by Suge Knight the Tyson ticket he has the ticket indicating it was there you know what would be a better case for them if they had this ticket right if they found this ticket in Mr. Davis' home this would be a better piece of evidence in this case now we're also going to talk a little bit about the Coyote Cafe there was some discussion with this young man who gets in here and he's part of the security grand DM and he talks a little bit about you know the security and the video back then but we get into a little bit of scuffle over this idea of what was in the security report what we did is we included the security report for you to look at this is the security report and in that report an officer writes a report that says on Sunday August 7th 1996 approximately 850 this officer was in the elevator core when I noticed a BMA wearing a sports jersey force his way past the officers at the North Key checkpoint by the Coyote Cafe why is this important because in the book allegedly Mr. Davis is waiting for his nephew at a cafe at the MGM they don't name the cafe they just say we're waiting for him at the cafe because everyone had gone to different locations of the fight which by the way the book also says that he was sitting in the second row sitting in the second row of the Tyson fight and so afterwards they're all going to meet up at the cafe what the state will argue to you is what this description is is indicating that he's trying to get into the cafe to be with his uncle but that looked like that's what that means trying to force his way past the officers at the North Key checkpoint by the Coyote Cafe the unidentified black male adult was questioned by myself and Officer Kornbaugh at the side of Coyote Cafe BMA was very uncooperative on answering their questions while questioning the BMA he continued he kept looking over his shoulders towards North Key checkpoints it was seconds thereafter that I noticed a large group of BMAs forced away through the North Key checkpoint now it seems clear that where they were talking about which we now know was running from that group of people which we now know was Tupac and Shibnye and the Death Row Records people does that show you anything at all that he was meeting up with his uncle after the fight they're not trying to make it a point I just wanted there to be clear because in the book it says the following after the match we headed to the prearranged meeting place where we waited for about 15 minutes little by little everybody started showing up except for my nephew then some people showed up except they saw some Death Row people jump on my nephew down by the casino we came to find out later the same dude from the Lakewood Mall which once again is this to be true that is James Snatch was walking with Tupac when they saw Baby Lane at the lobby of the MGM we rushed out of the cafe and went to find Baby Lane now here's the question what surveillance do you have after that do you remember the surveillance that they showed you when Orlando was talking to the police officers and so forth there do you ever see a bunch of people rush in there that would have been nice right you would have seen the younger version of that guy running in 30 years before running in to check up O.S. Matthew look at the surveillance for yourself is that a fact that's not proven just like everything else in the book now finally search warrant of Mr. Davis' home 2023 his home gets searched and they're looking for evidence they're looking for evidence and they take a whole bunch of stuff among the things that they take is they take this binder and once again it's odd for a hardcore crypt dude to have this particular binder that they are saying that somehow contained information in there that indicated to them that he was responsible for Shubha's work this is what they are giving this is their evidence in addition to that they're you know they look through his iPads and computers and I think we had Detective Gaddis testify to that and say like hey we didn't look at any of that stuff or there was no evidence that was found in those things why is that important because if you're actively working on a book what are you doing you're emailing back and forth you're sending manuscripts to Davis to say read this and he said something back and says hey it wasn't white it was cream colored Cadillac right that kind of stuff that's what would have happened that's what they're looking for they found nothing that's a fact right in addition to that they find the book right so the book is in the evidence and you'll have an opportunity to go through the book but you know what's interesting that the book is low is the part that we talked about this is in the book although the authors and publishers have made every effort to ensure the accuracy and completeness of the information contained in this book we assume no responsibility for errors inaccuracies omissions or any inconsistency hearing why is that important when's the last time a book had that language in there typically something like this would be if it's a historical sort of fiction right well you know it's a book about a guy who's in the gulf war and he's a he's a soldier and he does soldier stuff and that's a book about him yeah the gulf war was true but him as a person is fictional that's the same kind of level and when you put that in a book what are you telling the reader we can't verify the information that's in the book now we talked a little bit about the spelling of uh of Kifi Kifi is his childhood name you could pronounce Keith so when he was a kid it was Kifi Kifi and it's important right because you would think that a man who just published a book that he's very proud of this book right that he would put up there Kifi the book right is that the spelling of his name now what the state did is they said hey we couldn't verify the spelling of his name well here's the thing here's the verification of his name let me show it to you real quick they found inside of his home this jacket and this is a jacket for looks like south side city of Compton that year states they took a picture at the front of that jacket which is this one right here right so this is the front of the jacket but when you look at the close-up picture of this what you find is this this is how Kifi spells his name so even though we might pronounce it Kifi it's spelled like this now why is that important to you because if you just publish the book or if you're reviewing a book for the first time and you're going through the manuscripts the actual spelling of your name is probably the most immediate thing you pick out especially when it's on the cover of the book let alone inside of the book why is that also important because in this case Kifi is also the treasurer of this organization it's a low-ride organization so this is the man that's paying attention he's not just the guy who's a member who just gets a jacket and they realize oops we misspelled your name this is a man who would have put the exact spelling of his name on his jacket the right way because he was a treasurer of the club that's what that means why is that important because Kifi never saw this book never read it never reviewed it so when he holds it up and he tells people like go buy the book what's he trying to tell you go buy a book that's not verified I don't know anything about but I'm here to make money out for this book so use your common sense in addition to that one of the other things as well that I just wanted to bring up is this picture here this is State's Exhibit 151 this is a picture of P. Diddy with Zip Martin you know what's interesting about this picture is how many times allegedly Davis saw P. Diddy right and it wasn't like in some like alleyway committing a crime or doing anything like that he saw him in the back of the like the award ceremony for Soul Train Awards or whatever the case is where's his picture where is that guy's picture with Diddy just like Bon Zip's picture with Diddy right because you would think on some level you want to show off you want to say hey this is my boy here I am with you know Puff Sean Combs where is his picture it's because it didn't happen now there is a quote that's not even Voltaire by the way but I think the quote fits and that is we live in a world especially in our country where freedom of speech speech is a right we enjoy that as citizens and as people who live here in America and here's the problem right there are times when we hear someone say something and we're like ugh like we don't approve of it I don't want to hear it I may be triggered by that I may be angry by that but the problem is though at the end of the day we will defend it because as Americans that's what we would do is defend people's rights in this case when the state closes and they just say hey this man basically said blood money we don't even know what that means where is that from how is that in context you guys got to look at it but when you throw blood money out there what you're trying to incite is for you to get angry it's for you to say hey you know what no we're going to punish this guy because Voltaire basically says look I may not agree with what he said but at the end of the day we defend it now once again is there any proof to anything that he said when you go back and deliberate ask yourself the question what is fact or what's fiction in this case and finally before I close it's very difficult in a case like this when there's when you have so much information maybe you're sitting here and you're logically going through it and realizing like hey we don't have it but there's few of us that feel it in our bones and we say to ourselves no he's got to have done it there's no way this man would have just said this over and over again without it not being true and that's fine that's your feeling and there's no way that anyone would disrespect you for feeling that way but the problem is you have to ask yourself if you're feeling that what facts do you have to support how you feel because we can feel that but whether or not it's proven beyond a reasonable doubt by the state is quite a different question and that's the question you have to ask yourself in this case and it's going to take some courage to say you know what I might feel this way but there's no proof beyond reasonable doubt that Mr. Davis committed any crime in this case let alone murder of Tupac Shukra so if you keep asking you keep asking yourself the question you just keep lying over and over again you keep telling the fiction does that change it into a fact no you have to have supporting facts in order for a fiction to become a fact so when I leave state will get up in the rebuttal they have the last say because they have the burden they have to convince you that they have done their job that they have shown you everything beyond a reasonable doubt sometimes some of these prosecutors I don't think it's going to happen with Mr. Giacomo but sometimes prosecutors will go out of here well Mr. Sam said this [03:07:09] Speaker 6: and Mr. Sam said that [03:07:11] Speaker 2: here's the thing whatever you recall is really what the facts are on this case so even though I put up stuff on the screens doesn't mean that that's what it is it's your recollection but in essence when I was showing you things it's basically what the facts are so in essence if you ever hear from Mr. Giacomo oh this is what Mr. Sam said it's what the facts have shown you that's off and what facts do you have to show that that man was even in Las Vegas on the night of the shooting of Tupac Carr or in the vehicle when you go back and deliberate we are confident we're going to come back with a verdict of not guilty from Mr. Davis because it's the only verdict that makes sense in this case and it's the only verdict that has any facts [03:07:59] Speaker 11: as I was saying the jury trial in America in any courtroom a jury trial in America is about the truth that's ultimately the determination that the jury gets to make what's the truth of the matter here and you know Mr. Pallal said and I won't try to not call him Mr. Padu but Mr. Pallal said you know you started this case two weeks ago well actually no you started it three weeks ago because during jury selection there was as much going on maybe at the time he didn't realize it do you remember Mr. Samp's theme during jury selection for a lot of you it was like what if you had a family member that you never thought would steal got accused of stealing and you know you wouldn't believe it you'd want to look at the evidence you'd want to hear the witnesses and almost to a juror you say yeah but then I'd ask him but if they told me they did it I'd believe him right and what was our or at least mine more than Mr. Pallal's was this isn't a referendum it's not a referendum on the Las Vegas Metropolitan Police Department it's not even a referendum on the task force that was involved in this particular case and it's not even a referendum about our decision in 2009 not to prosecute Mr. Davis because this case is not about provability it is a slam dunk absolutely totally no defense to murder case it's about admissibility right because what happened in this case is in 2008 think about what you know from Detective Becker you know from Detective Becker well first I'm going to back up how about you know from Mob James that there's two people and why is it those two people that they're hunting from the Southside Cricks right because the only person that Schrit Knight probably knows in that car is Dwayne Davis and the other guy got his ass beat on the MGM video so that's the two names that they know right that's the only two names Bob James knows when he goes to go hunting so Compton by the morning of September 8th 1996 one knows it's Southside and at least two of the people involved in this case and then you have the search warrant and evidence we didn't read it to you but read the 10 day war search warrant and all of the violence that occurred and all of the information that was gathered by the end of October or the end of the 10 day war really but by October 2nd of 1996 the police know it's Southside they just don't have a witness it's CRI credible reliable or confidential reliable informants or whatever it is that the LAPD uses or Compton police uses by March of 1997 what is Brent Becker telling you Brent Becker tells you we know the four people in the car and it just happens to be the same four people he says are in the car 11 years later that is the evidence that you have in front of you and his defense is he well Mr. Sam's defense is he lied but that isn't his defense you haven't heard one recantation of his 2008 proffer or the various versions that go thereafter why didn't we [03:11:43] Speaker 2: I'm sorry [03:11:44] Speaker 5: make your question yes I'm sorry [03:11:48] Speaker ?: I'm sorry I'm sorry Thank you. [03:12:45] Speaker 11: Think about all the pieces of evidence you have in this case, right? You have 1997 where he default won't let him really answer a question about much. You have 2008, 2009, 2017 twice. You have 2019, the book. And I'll agree with Mr. Sam, most of it is garbage. You guys can read it. We didn't present you that. I'll explain to you why you got the book. But then what else did you learn? In 2023, this man was arrested and he got on jail calls and he repeatedly said things that indicated he told the truth. When he says, I didn't break the deal, Greg Kading broke the deal. What was the deal? The deal was to keep it confidential. And why was this a problem in 2009 for us? Because we have a recording where our detective is asked to step outside the room. We have a lawyer coaching the defendant to not say things that are going to get him in trouble. We have a task force officer who's sitting in there going, yeah, but be consistent. And there is this whole very weird conversation. What we don't know in 2009 is if even the 2009 statement is admissible in front of a jury. But certainly we don't have 2008. And whatever Greg Kading did, whether you like it, don't like it, cops write books. Whatever he did, he wasn't a signatory to the agreement. So in 2011 and 2012, when there's the book and the documentary that's published and this recording is released, legally, it didn't exist for the state of Nevada. You heard from Wade Lee. For me to use federal government evidence, I have to get a letter from the federal government to utilize it. What happens after that? Oh, 2018, death row records. All right, this guy, sizzle reel. He says he's the last living witness. This is great. Wait till we see death row records and then what's published. Every viable admission that he makes in the public release of death row records is from the 2008 recording. And what does E1 Entertainment do? Tell us we can't have the underlying records. We don't have it. We can't have it. All we have is Dwayne Davis' face on for some time, but most of the admissions. And now you know why, now that you've heard the underlying recordings. Because these documentarians are trying to tell the truth. But Mr. Davis' version of events doesn't match the facts in those two statements. And when you actually hear it, his first one, why does that break down? It's not because he's not wearing a suit. That first one breaks down because they get to the point where they want to talk to him about the murder. And he says, I haven't had enough time to talk to my lawyer about exactly the way I'm going to word this so I don't basically violate the terms of the proffer agreement or get the death penalty or get prosecuted by the state of Nevada. So 2018, we're sitting there. Nothing we can do. And then what happens is in 2019, he writes a book. And, you know, there's all this, we should have called Detective Maude. What exactly was Detective Maude going to be able, 30 years later, to corroborate specific facts that are named in this book? No, when Mr. Davis sat down and told the police in 2008, they already had corroborated it all. In his book, what he did was two things. Because we hadn't yet seen the underlying recordings, you know that, from 2017. At the end of his book, when you get there, he starts talking about S.A. Holliday. Who the heck is Special Asian Holliday? Who is this guy? Nobody knows who he is. Call up the federal government. Hey, did Dwayne Davis ever talk to Special Agent Holliday? Oh, yeah. He was interviewed in 1998, 1999. And then after you get into them and look at those statements that he made in 1998, 1999, you then realize, oh, crap. That is what, in the beginning of the proffer, the statements he's allowed to review and make any corrections to. Where he says things like, no, I didn't see Reggie Wright at the Peterson Museum. That is what allowed the admissibility of all of these statements to come in. It's because when he wrote the book, he described his lawyer, he described conversations with his lawyer, he said, I did a proffer, and he said, I told the truth because I knew I couldn't lie. And I, look, Darren Dupree obviously was uncomfortable with the entire situation. And like I said, it's not a referendum on what the task force did. When they found out they were going to get information on Dupac Shakur, it would have been nice to get a phone call and say, hey, the guys who actually have jurisdiction on this case should probably be involved in this. But that's not what this case is about, right? Darren Dupree said, Keefe D. took the hit for his family. Explain to me what hit this guy took. He got caught with a gallon of PCP, a kilo of cocaine, should have gone to prison for life. Had the, he said, I know nothing about Biggie Smalls. They should have left it there. Sent him to prison for life because he's the head of the Southside Crips. He's dangerous. Mr. Shamp says he's never shot before. Yeah, his first criminal conviction is for shooting at a house. Read the book. He says, well, Mr. Shamp says there's no evidence that he was involved in the retaliation. Really? Because in those statements that you heard here, he says the stupidest thing I ever did was hold a meeting and tell the youngsters, you take care of the young mob guys and we'll get the big guys. Right? That's what he's doing. Mr. Shamp got up here and accused, I think Reggie Wright, of murder. Let me get this straight because he only fed little parts of this. So, they go to the Luxor. There is a cream-colored Cadillac. I wonder how many cream-colored Cadillacs there are in all of Las Vegas. Or maybe it's a white Cadillac. Either one. I'm just going to call it a white Cadillac because it's less words. Right? And that white Cadillac then goes and is driven by Shook Knight when he drives into his residence with the caravan. And it's inside the residence for 30 minutes. When it leaves, Sergeant Magnum says, Shook Knight and Tupac are now in the BMW and the last car out is the white Cadillac. And it's a 15-car chain. Right? There's only six cars caught at Harmon and the Boulevard. Right? But who's in that caravan? Idi Amin. With Frank Alexander and Yafoula and everybody else. Are you telling me if the white Cadillac that's Shook Knight's Cadillac shot Shook Knight? Well, first of all, are you kidding me that Shook Knight set this up? So, Shook Knight's driving the vehicle. Is he going to put himself in the line of fire to have Tupac shot when he catches a bullet in the head? That's the defense. The defense is Shook Knight did it. Oh, but if Shook Knight didn't do it, well then Reggie Wright did it because he wanted to kill Shook to take over death row records. Really? So, you're going to kill the guy who's making the most money for death row records as you're trying to take it over? None of that makes sense. But what did Sergeant Mangum tell you? Right? He didn't know, and guess what? Weird. There was no question asked to Brent Becker about that portion of the investigation. But he looked at his report and he goes, oh yeah, look at that. All of the overtime officers, yeah, they're all here. Oh, look at this. There's the gate log with all the license plates for all the vehicles. You don't think that was all run down early on in the investigation? Of course it was. We didn't feel the need to call Brent Becker back from Texas to say Reggie Wright and Shook Knight didn't try and kill themselves. Right? So if it's not them, who is it? That's the question you have to ask yourself. Mr. Shams says that, oh, it's involuntary, his statement, because he didn't have his dirty lawyer in the room. E.D. Fall. And you know he's dirty, right? Because he's the guy who, according to everybody, pays $60,000 or receives the $60,000 and is representing Orlando Anderson for him to perjure himself at Shook's probation hearing. That guy should be the guy that the government says, yeah, we want you in the room for him. But more importantly, what did you hear in the recording that Mr. Shams just played you? E.D. Fall represents Michael DeRoe. What does the defendant say about Michael DeRoe, the reaper? That he was snitching on him. So E.D. Fall couldn't have been the lawyer in the room. It wouldn't be legally appropriate, and the least fit, for E.D. Fall to represent Dwayne Davis when he's representing Michael DeRoe, the guy who's providing information on Dwayne Davis. What else do you know? There's things in that book that are true, and there are things that are just giant lies. Mr. Davis says, Corey Edwards, C-reader, ratted me out. But what do you know? 2006, he gave a statement to the task force. 2026, he gave a statement to Gaddis and Mog. You heard about the efforts we went through. We blew up his house. We blew up his girlfriend's house on back-to-back days. We got a warrant out of a California courtroom. But Mr. Davis tells you exactly what Corey Edwards said. He says Corey Edwards is in the band behind. Why are we working so hard to get Corey Edwards through this courtroom? Right? Oh. Once again, I know the lawyers have said it. Pay very careful attention to that Dirt Rock and the Lakewood Mall thing. Because actually, it's Mr. Sam saying that the fight was actually in the Foot Locker and that that caused them to remodel. What Dirt Rock says is it was by the Foot Locker, and then later they were remodeled to the World Foot Locker. There's no description by Dirt Rock of the fight spilling in there and breaking up all the furniture. These are kids fighting in a mall. Is it shocking to you that the police weren't called? And look, I don't run security for the Lakewood Mall either. But read the search warrant in this case from October or September of 1996. There's all kinds of descriptions of this Lakewood Mall incident in that search warrant. What else does the defendant say? The defendant says, you know, Corey Edwards started snitching on me the moment his neighbor got killed. Oh, shocking. Bobby Finch gets killed. Happens to be Corey Edwards' neighbor. Happens to look just like Corey Edwards. He's like, she calls Shug and tells him I'm not part of this. I don't want to die over this. And the response from Mr. Samft is, well, they never actually got to kill Mr. Davis and Orlando Anderson. So they must not be guilty. Right? It must be some other Southsiders that they're... Is there anybody in the world who doesn't think Orlando Anderson is the person that pulled the trigger on this thing? Right? Bobby Ladd knows it because, just as Mob James explained, he's the Prince of Compton. He didn't just get beat down by Tupac. He got beat down by Tupac and Shug and Neckbone and Buntree and every one of those guys on video in Las Vegas. And I know there's this complaint about the surveillance video. Look at that surveillance video on a number of different issues. One of which is, maybe the most important of which is, the cameras are fixed and you can't see a darn thing unless the operator is following it. Yeah, they keep it on the victim for a short period of time, Orlando Anderson, and then they follow the suspects out. They didn't think, at that moment, to focus on where did the victim go after he left security. Because the shooting doesn't happen for two and a half hours later. So, there is, this is not modern day Las Vegas with the high definition cameras, right? Mr. Sam tells you, oh, well, what facts are there that he's in the car? Well, as far back as 1998, he says that he's in Vegas. He's like, oh, well, there's no evidence he's in Vegas. But there's actually more than that. And he thought of the search warrant returns. And he says, there's a hotel receipt taken out of the defendant's house. And there is a letter taken out. Now, sadly, Compton PD exists no longer. So, those records as to exactly what was taken. But if you look at the Excalibur receipt in this case for Orlando Anderson, that receipt shows that he checked in on the 6th or 7th and checked out on the 8th. I think it's the 6th to the 8th. That isn't a letter from the MGM. What does Mr. Davis say? Well, the, or the Excalibur. What does Mr. Davis say? I stayed, or Orlando stayed at the Excalibur because he had comp points from their, you know, everybody knows their casino cards, right? So, who's getting a letter for something like that? That letter allowed the police, and if you look, the search warrant's on October 2nd. On October 3rd is the fax from the Excalibur showing Orlando Anderson's room. And when you continue to look at that receipt, you will see that Detective Becker went through and he wrote down the hotel phone numbers that they're calling. And then you see hotel receipt as the other thing that's collected. And what do you have from this case, which is the MGM Corey Edwards hotel receipt. But that one is only from September 6th to September 7th. Corey Edwards didn't stay, or at least his room, did not stay at the Monte Carlo Saturday night. But he did stay there on Friday night. And if you look, his phone is calling the Excalibur about 1 o'clock in the afternoon the next day, on the 7th, the day of the homicide. But then you go back to the Excalibur receipt, and you look at it, and on the morning after the murder, September 8th of 1996, whoever's in Orlando Anderson's room is calling the Monte Carlo. There's somebody else from the group staying at the Monte Carlo. And what does the defendant say? We checked in under my wife's name, Paula Clemens. Right? Look at the search warrant, where everybody's name, you can go down there to each of the hotels. Hey, can you tell me who stayed here, who stayed here? If the name is under Paula Clemens, you're never going to find it. And by the time he gives that up in 2008, the records are gone. There's no way to look to see that Paula Clemens stayed there. But oddly enough, and this is completely oddly enough, I'll agree with Mr. Shant, there was no probable cause to believe we were going to find this in Mr. Davis' house. But for some reason, along with a scrapbook that he keeps. Now, that scrapbook's empty. But all of these things right here, he has a scrapbook. And when you say, well, maybe it's not a scrapbook of his greatest hits. Well, it's everything about Tupac and Big E in the beginning. And on the back side are pictures of his kids. This guy's scrapbooking his murder, for God's sake. But we find this. And it's a money-do bill for the Monte Carlo Casino. Lad and Brennan, when you ask, well, Lad, hey, why did you collect this item? I know it's Compton, I know it's gone, but why would you collect that? Because of Bookkey PD in Vegas on the time of the Tupac murder. What other reason is there to collect that particular piece of item? Nothing. There's no other reason to collect that. And you know already there has to be somebody else at the Monte Carlo. Because why would Rasheena be calling Orlando at the Monte Carlo in Paula Clemons' room? Like the defendant says, we went back and partied. Orlando stayed with us at the Monte Carlo. We know he came here with Rasheena Smith. He even says Paula and Rasheena are here. So who's in Orlando's room? Because Orlando ain't. But when she wakes up the next morning, Sunday morning, she's calling over to that Monte Carlo to talk to Orlando. That's why there's the communication back and forth between them. There are many small facts you could go through in this particular case. Little things like, yeah, I mean, 30 years later, Detective Lad said this was found at Shug's house. Except for a look at the search warrant from October of 1996. Shug's house wasn't searched. So this may have been found at Shug's house at some point in time, but it wasn't certainly from the October 2nd of 1996 case. Mr. Shant made a big deal about the girls yelling. And the suggestion, even from Mr. Paul, is it's the girls in the Seabrook. But that's not what Mr. Davis actually says. Right? Yeah, he said Harmon one time and the boulevard, but he meant Flamingo and the boulevard. They're at the light, at the corner. There is a 15 car or more caravan that's left Shug's house, and by this time, you know it's at least 17. Right? So randomly, even though nobody in the world knows that Tupac and Sugar are in this car, both Mr. Jefferson and Ingrid Stokes somehow figured out that Tupac is in this vehicle and know to join the line. You don't think anybody on Las Vegas Boulevard on September 7th of 1996 yelled out Tupac's name? Maybe they don't remember it 30 years ago, but that's the corner that he says he hears Tupac's name being screamed out. Not all the way down the street at Cobalt and Flamingo. Then he has to do the U-turn. Then he has to go all the way down the caravan looking at which car is actually Tupac and Shug. And then he hands the gun back. Dre hesitates. Orlando takes it. And he shoots the gun. The argument from Mr. Sanft is somehow don't believe a completely corroborated full confession to this case because he was looking at a life sentence. And because he was looking at a life sentence, my client made up this highly detailed story. This highly detailed story where in 1998 he says who's here in Vegas with him. 1999 he gives a little bit more. Yeah, we were going to kill him, but not until we get back to Compton. So he tells you his intent in 1999. And then in 2008, Mr. Davis tells a highly complicated story, one of which has Corey Edwards and Kevin Davis and now Tracy Sessions. Big Meech's name is in the book. It ain't anywhere in any of the statements. Right? Tracy Sessions. Kevin Davis, his brother, don't imagine he's giving us much evidence. Tracy Sessions, dead. So Corey Edwards is the only guy left alive in the van behind them that he's originally in. And he says, we get to the 662, and Corey starts complaining about what? Shug's got the cops on the payroll. Shug could have the cops kill us. Well, how the hell do they know or believe that Shug has the Las Vegas Benjamalton Police Department on the payroll unless they showed up to 662 and saw a bunch of uniformed cops sitting there? And then how does he happen to know there just happens to be a liquor store at the corner of Flamingo and Maryland? This is a high-ranking drug dealer who comes to town on the strip. What tourist knows where Maryland Parkway is, by the way? But if you look at exhibit number two, number one is the one modern day, but exhibit number two is where the 662 is and the Monte Carlo. And guess what? The 662 is past Maryland Parkway. How does he know that little tiny fact? And, you know, he says, oh, well, so much has been out there in the public ether. Do we honestly think a guy who's dumb enough to write a book could keep this story straight this many times, this many times over? How does he, in 2008, tell the most compelling version of events that is corroborated by every single piece of paper or every single other piece of evidence in this case? Tell me how it's possible he was able to do that. And then tell me, these guys didn't want to know about Tupac. They want to know about Biggie. So why didn't he tell some lie about Biggie Smalls? Explain that to me. Why doesn't he go, okay, let me tell you, here's what happens to the Biggie Smalls murder. If he's just going to make up a story about a murder, he might as well make it up for the jurisdiction that you're in front of, right? Why is he making this story up about this particular case? And then you ask yourself, the cops don't believe him. Well, the federal government not only didn't prosecute him, they signed him up as a confidential informant, flew him to New York, and sent him in. And what was, yes, Zip had cancer, Zip eventually dies, he's out of the game, passes him off to his nephew. But what's the one thing you know from that? You know he knows Zip. Which means every single fact that the defendant says in this case is corroborated with but one thing. And that's, who's in the car? That's the argument. The argument is, apparently we have to have a surveillance camera that shows him in the car. He has to be caught immediately thereafter in the car. Well, I mean, this is 1996 technology, so I guess there's no cell phone records or anything else. So I guess if there was a cameraman on the corner of Koval and Flamingo, we could convict the guy. But since there's not, there's no facts in this case. It's absolutely ridiculous. Go and read his book if you want. You will not be smarter for it, let me tell you. But he tells two giant lies in the book. But he also tells you his reasoning for it. He is really, really, really upset that Greg Cady released that recording. Right, wrong, or indifferent. But, you know, in the grand scheme of things, he got away with a life sentence on PCP and a kilo of cocaine. And he got away with a murder. So in the grand scheme of things, you know, I know he's upset, but he shouldn't be out there profiting off a murder in our jurisdiction. That's not something he should be doing in response to Greg Cady, but that's what he wants to say. Basically, he wants to call Greg Cady out and say he's a dirty cop. Well, there's no evidence that he was a dirty cop. There's no evidence that Greg Cady did anything wrong. As a private citizen, he wrote a book like every other ex-cop who had a high-profile case. It didn't change anything about the nature of this case. It didn't change the evidence. It didn't change the admissibility of the statement. It was when he decided in 2019 to write a book and waive his confidentiality, the federal government said, you can use the evidence. And at that point, right, everybody had known. In Compton early on, the original investigators in March of 97, the task force in 2008, and the Clark County District Attorney's Office in 2009. And we had to eat crow and allow a murderer to live in Henderson and not charge him because of the various things that happened in this case. But to suggest now that there is no evidence of his guilt, the defendant said on one of those social media clips when you watch them, he literally says, I beat the streets, I beat the feds, and I beat cancer. And now he's trying to beat the 12 of the youth. That's what's going on here. Mr. Davis is attempting to escape responsibility for a crime everybody knows he committed, even him, and he admits to it for seven, eight times over the course of 30 years, and there's no evidence contradicting that fact. End of the day, hold him accountable for the crime he committed. [03:38:20] Speaker 6: Thank you.