Judge allows Tupac murder suspect's memoir as evidence at trial

(CN) — The man accused of orchestrating the murder of rapper Tupac Shakur will not be allowed to suppress statements he made in a 2019 book that he wrote about his time as a gang leader in Southern California after a hearing in Nevada’s Eighth Judicial District on Tuesday.

Clark County Judge Carly Kierny denied a motion to exclude from trial statements that Duane “Keffe D” Davis made about his time as a shot caller for the Southside Compton Crips in his book “Compton Street Legend.” The book, published in 2019, provides a firsthand account of the events leading up to the murders of Shakur in 1996 and Christopher Wallace, also known as Biggie Smalls, in 1997.

Attorney Michael Sanft, representing Davis, argued that statements made in his client’s book and later in media interviews should not be taken too literally because they were made to generate book sales.

“You don’t raise your hand to tell the truth, the whole truth and nothing but the truth when you do your promotion,” he said. “To me, the problem with the analysis is, on some levels, we’re putting way too much credence and value and weight on statements that are made for entertainment purposes only — not a confession to a priest, not a confession to a police officer, but rather to promote a book, to sell a product.”

Davis’ motion to suppress the book also included statements he made to the law enforcement officials in 2008 and 2009. Davis, now 62, was facing other potential charges in multiple jurisdictions related to drugs and gang activity when he made the statements.

Davis also wrote in his book that he was promised immunity from prosecution when he told the Los Angeles Police Department detectives what he knew about the killings of Shakur and Wallace in 2008. He also told Las Vegas police in another interview about his role in Shakur’s killing in 2009.

In both interviews, Davis was not read his Miranda rights and made the statements involuntarily, his attorney said.

“When you’re giving a statement like this, you’re forced into a position because you’re afraid of the consequences of saying no,” Sanft said. “And the consequences of what was happening here wasn’t necessarily because Mr. Davis was praying for himself, but rather the threats that were made against his family and his friends that was built up over time. … They literally just sat and waited and they just accumulated more and more information until they got Mr. Davis in a position where he was afraid.”

Kierny agreed, at least in part, about the involuntary nature of the 2008 statements.

“When you’re told this will never be used against you, that’s very coercive, and that essentially renders it involuntary,” the judge said.

However, Clark County Chief Deputy District Attorney Marc DiGiacomo argued that Nevada was not aware of any nonprosecution agreement with Davis and that the facts of the case changed after he published his book. Starting from the book’s publication and working backward, he argued that none of the statements should be suppressed during the trial.

“Had Mr. Davis never opened his mouth, had he never decided to take money and go on BET and talk about this situation, had he decided to never write the book, he would not probably have ever been prosecuted for the crime,” DiGiacomo told the court. “But once he decides to write that book in 2019 and describe this situation, we are entitled to prove up what he’s saying is true, including what he says about the facts.”

Ultimately, Kierny found that Davis’ statements were voluntary. When Davis made his statements, he was not isolated, inexperienced or uneducated on the criminal justice system, and he had counsel present, she said.

However, she said she still had issues with the agreement in the 2008 interview. While the judge determined those statements were made voluntarily, Davis’ attorney could revisit them under a different legal framework later, she said.

Sanft also filed a motion to sequester the jury during trial to prevent their decision from being influenced by the media, due to the case’s widespread media coverage. Kierny denied a full sequestration, but agreed that partial sequestration will be necessary later.

Kierny also granted the prosecution’s motion to use the terms “shot caller” and “green light” — common terms in gang hierarchy — to establish motivation.

Davis was arrested in September 2023in connection with Shakur’s murder. Davis has previously said he was in the car that pulled up beside Shakur when his nephew, Orlando “Baby Lane” Anderson, shot and fatally wounded the rapper.

Davis’ attorneys have relied on his previous lies and embellishments to claim that he was not responsible.

His trial in Clark County is slated to begin on Aug. 10.