Closing arguments to begin in trial for man accused of orchestrating Tupac's murder
LEILA FADEL, HOST:
In Las Vegas, attorneys will give their closing arguments today in the trial of Tupac Shakur's killing. Then jurors will begin deliberations in the case against Duane Davis, who has pleaded not guilty. He's charged with murder for his alleged role in orchestrating the 1996 drive-by killing of the rap icon. Steve Futterman has been covering the trial and joins us this morning from Las Vegas. Good morning, Steve.
STEVE FUTTERMAN, BYLINE: Good morning.
FADEL: So get us up to speed. This trial began a couple of weeks ago. What evidence has been presented to the jury?
FUTTERMAN: Well, as we all knew from the very start, this trial has revolved around Duane Davis and his words. In 1996, he was a leader with the LA gang the South Side Compton Crips. Davis' nephew was assaulted in the lobby of the MGM Grand Hotel by Tupac Shakur and others just after a Mike Tyson fight. The prosecution says when that happened, Davis was enraged and then orchestrated the killing of Shakur, which took place just a few hours later. We can take a listen to how prosecutor Binu Palal outlined the case to the jury at the start of the trial.
(SOUNDBITE OF ARCHIVED RECORDING)
BINU PALAL: Now, let's be clear. Duane Davis did not pull the trigger. But what he did do was plan the retaliation for the beating of his nephew. And what you will hear is that in his world, there is no question that a response is required.
FADEL: And, Steve, the prosecution used Duane Davis' own words against him?
FUTTERMAN: Exactly - Davis' words in his memoir, interviews with police and in the media, where he actually says that he supplied the gun and was in the car that drove up next to Shakur. Now, the police interviews were supposed to be confidential, but when Davis wrote the memoir, it broke the confidentiality agreement, so they were able to be used in the trial.
FADEL: So how did the defense defend him, especially when the prosecution was using his own words?
FUTTERMAN: Yeah. Well, it's tough when your own client has said he did it and said it over and over again. The defense claims Davis was embellishing to sell books and, in the case of the police, interviews to get a good deal from law enforcement. The defense has suggested that police were sloppy, that memories 30 years later are not reliable. Now, the defense presented just three witnesses, and in today's closing arguments, it's likely we will hear the defense claim there just isn't enough proof. Laurie Levenson is a former federal prosecutor.
LAURIE LEVENSON: The defense is going to claim that the burden is on the prosecution, and they never came up with physical evidence that connected him to the crime. In fact, they never came up with proof that he was in Las Vegas - pictures, receipts. And if you don't have that, the defense is going to say, you have reasonable doubt.
FUTTERMAN: Now, of course, the defense had a similar challenge, and it never presented evidence that Davis was somewhere else the night of the killing.
FADEL: Right, although the burden of proof is with the prosecution. The timing of all this is remarkable. A week from today will be the actual 30th anniversary of the killing. Why has it taken so long for a trial?
FUTTERMAN: That's right. September 7 is next Monday. In the world of rap and hip-hop, the killing of Shakur has been one of the most talked-about and unsolved mysteries. But when we have spoken with law enforcement officials, they have candidly said that Duane Davis was, in fact, their key suspect for many years, but there just was never enough evidence to bring charges. Davis' own words changed that. Now we will wait to see if the jury feels it's enough evidence to convict him. The jury is expected to begin deliberations later today.
FADEL: Steve Futterman in Las Vegas covering the Tupac Shakur trial. Thank you, Steve.
FUTTERMAN: Thank you.
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