Trial Over Tupac Shakur's Murder, 30 Years Later

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1:50This is Bloomberg Law with June Grosso from Bloomberg Radio.

1:59Tupac is gunned down in a drive-by shooting from a white Catalani in an act of revenge. Tupac Shakur is a cultural icon, considered one of the most influential and versatile rappers of all times, despite dying at the age of 25 in a drive-by shooting in Las Vegas in 1996. His murder was considered one of the biggest unsolved cases of our time, and now, three decades later, Dwayne Keefe D. Davis is on trial for orchestrating Shakur's murder. Here's how prosecutor Benu Palau described it. Dwayne Davis did not pull the trigger. But what he did do was plan the retaliation for the beating of his nephew.

2:50You will learn that Dwayne Davis got the gun. You will learn that he got into a white Cadillac. You will learn that the opportunity presented itself for retribution, Dwayne Davis made sure that the shooters were armed and ready to execute their way. The strongest evidence in the prosecution's case appears to be Davis's own words. For years, the former gang leader actually boasted about his involvement in shooting Shakur, laying out the details in multiple interviews with police and the FBI, than on the pages of a memoir in 2019 and in media interviews. But in an unusual posture, the defense attorney, Michael Senfit, told the jurors his client was not to be believed.

3:44Just look at the actual facts. What facts do you have to support any of what QPD said out of any of these interviews or in the book? But Suge Knight, who was in the car with Shakur when he was shot, thinks Davis will have a hard time convincing a jury, as he told ABC News in an interview from prison. Everything he said and talked about, he already told on himself. So what are you going to do? He raised all the recordings of the interviews he did. The 63-year-old Davis faces life in prison if he's convicted of the murder. My guest is former federal prosecutor Nima Rahmani, president and co-founder of West Coast Trial Lawyers.

4:27Nima, start with the challenges of trying this 30-year-old case where most of the people who were involved are no longer alive. It's very difficult to prosecute a case 30 years later, especially because everyone who was in Kifi D's vehicle is dead, many of them for gang-related reasons. Really, the only percipient witness that we know so far is Suge Knight, who of course was driving Tupac's vehicle. But I think it's unlikely that he's going to testify in this case and identify either the shooter or even put Davis in the vehicle. The other issue is Tupac himself, the testimony that came out on the first day of trial was that he refused to snitch and identify the shooter, saying that he would take care of it himself.

5:15Of course, he succumbed to his injuries at the hospital and was unable to do so. Does it seem like the best evidence the prosecution has is Kifi D's own words? Because he bragged about being involved in the killing many times over the years and wrote a memoir to that effect. I've never covered a case like this that's based almost entirely on the defense's own words. The opening statements were surreal. You have the prosecution calling Davis a criminal mastermind, the shot caller of this gang. And then you have the defense, on the other hand, trying to undermine their client's own credibility. They said he was full of crap.

6:01They said this was all BS. They essentially were arguing that he's a fool who was bragging to make himself seem more important, gain street cred in the gang culture, and to sell books. I've never seen anything like it. And at this point, the defense is claiming that there's no evidence that Davis was even in Las Vegas that night. This was a really important point. So Davis has said that he wasn't even in Vegas in interviews he's done from jail with local media outlets in Vegas. But during opening statements, the defense said that Davis lied about being ringside or close to it in the Mike Tyson fight.

6:43He wasn't even there. He wasn't at the fight. He wasn't in the city, which would be absolutely devastating to the prosecution's case if that's true. They need witnesses to at least put him in Vegas and Clark County. Otherwise, they're going to have significant problems. He did many interviews over the years with the FBI, with Las Vegas police, with L.A. police, where he again boasted about his involvement in this shooting. I mean, back to, I think, 1998, he talked to the FBI first. So, I mean, is the jury going to be asking? So if he talked to them all these times, why wasn't anything done? Why did it take until 2023 to indict him?

7:31That's one of the best arguments the defense has. They're arguing that even LAPD, even the FBI, they didn't believe Davis. That's why they didn't charge him. And you're right, we're talking about going back to, I think 1997 was his first interview with LAPD after Biggie Smalls was killed outside the Peterson Auto Museum in Los Angeles. Of course, there's the infamous 2008 interview with the federal task force that became the issue of much litigation. He was given immunity. The prosecution argued that it was just use immunity. It didn't bind other jurisdictions, including Nevada. This was litigated all the way to the Nevada Supreme Court, where the defense argued that it was transactional immunity.

8:18He couldn't be prosecuted at all. Ultimately, the judge agreed with the prosecution that one jurisdiction cannot contractually bind another. and I think that 2008 interview as well as the 2019 memoir I think those are the most damning pieces of evidence for Davis in the defense. What do you think about the defense saying oh he was bragging in an interviews Davis has said you know he was trying to make some money off this? It's certainly possible the prosecution is going to need to corroborate these admissions or confessions with some independent evidence. It's going to be very hard when you have the defendant now arguing that he was trying to sell books and seem more important.

9:02Ultimately, I think at a minimum, they've got to put him in the vehicle. And the question is, do they have the witnesses to do so? Their witnesses are going to testify about this white Cadillac that pulled up next to a BMW. But the challenge, like you said, is all the percipient witnesses to the shooting, they're all dead. They can't testify. And of course, under the rules of hearsay and the confrontation clause of the constitution, an accused has the right to cross-examine his accuser. Also, they don't have the gun. They don't have the car. I don't know if they have any physical evidence at all.

9:39That's the concern here. Normally in a murder case, you're going to have ballistics, you're going to have DNA, you're going to have fingerprints. We don't have any of that cell side evidence so you're relying on these admissions so obviously there's a potential motive i think we're going to hear a lot of testimony about the beef between these gangs one other interesting wrinkle is that that may be helpful for the defense is that davis previously said that sean diddy combs offered him a million dollars to kill tupac now of course combs is denying that. But if that particular, and Holmes isn't going to come anywhere near this trial, like should Knight, he has his own legal problems.

10:21But if that statement is also untrue, it sort of leads to the conclusion that this is all just a complete fabrication by someone that had nothing to do with it. That's why that independent corroborating evidence is going to be critical for the state. So basically, you just can't believe anything that Davis says. Well, that's the point. The more elaborate the lies and McCombs part being one of them, the better it is for the defense. Again, it's really bizarre that they're just trying to undermine their own client's credibility. I've never seen anything like this in any case I've ever covered. So the more lies there are and the bigger those lies, the better it is for the defense.

11:06The defense attorney is also pointing to missing documents in the original investigation. Detectives work as being biased, sloppy and incompetent and even some corruption there. I mean, that's an argument that we've heard many, many times before. What's the challenge when you have these types of cases? Because I live and work in Los Angeles, and I was here in the 90s. And obviously, this is not a Los Angeles case, but there is a perception or there was that LAPD was corrupt during that time. Rampart, Rodney King, the failure to ever arrest anyone for the Tupac or Biggie murders. There are a lot of people who believe that law enforcement were complicit.

11:54It was bad boy. So the challenge is when you have a 30-year-old case, I'm not saying everyone is of age to remember when Tupac was killed, but some of these jurors have very strong preconceived notions as to who was responsible for Tupac's death. That becomes a challenge. And there are other cases as well where this has been an issue. I think a recent example, not a murder case, but the fire case here in Los Angeles where I live, Jonathan Renner-Kinnick, he was charged for arson. But that was after many, many months when people believe that the LA Fire Department, the LA Department of Water and Power, Mayor Karen Bass, Mother Nature, they're all responsible for the devastating Malibu and Palisades fire.

12:40than the U.S. Attorney's Office charges this arsonist. And ultimately, the jury hung 10-2 in favor of acquittal. And one of the jurors that spoke out and said, no, this wasn't his fault. He's being scapegoated. So I think the defense has an argument here that it was law enforcement that failed to do their job. And by the way, this is when the defense lawyers argue in almost every case, right? A poor, sloppy investigation. And the fact that it took 30 years to bring any criminal charges against one of, or actually who I believe is the greatest rapper of all time being murdered, does play into that argument, June.

13:17Stay with me. Coming up next on the Bloomberg Law Show, I'll continue this conversation with former federal prosecutor Nima Rahmani. What's the likelihood that the defendant might take the stand? This is Bloomberg. Quick one before you jump back in. You're listening for ways to help teams move faster, make sharper decisions, and turn scattered context into work they can use. ChatGPT for Business can help. ChatGPT for Business gives teams a shared workspace with admin controls, permissions, and access to work and codecs in ChatGPT. This means your business can move from question to answer and code to rollout quicker.

13:53Join over 10 million business and enterprise users worldwide already using ChatGPT for Work. Download the ChatGPT desktop app or contact sales to learn more. Innovation is what gets your business to market. And Wasabi is designed to give every business a shot at competition. How? Break free from skyrocketing storage costs and unpredictable egress fees from old and top-heavy legacy providers. You know, the big guys. Wasabi is the world's hottest cloud storage company and the go-to provider for professional and collegiate sports teams and leagues around the world. And here's why. Innovation. From Wasabi's AI-enabled intelligent media storage Wasabi Air to the industry's only cloud storage service with triple protection against cyber criminals, data deletion, and ransomware, the world's top companies trust Wasabi.

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15:29from world-renowned chefs like Daniel Bouloud and Marcus Samuelson, nightlife venues like the new Jean Batiste Jazz Club, and the Caribbean's most luxurious casino. At Baja Mar, you'll find every pleasure under the sun and one-of-a-kind experiences for the entire family, like Baja Bay, our 15-acre lush tropical water park, interactive wildlife experiences, including our daily flamingo parade, world-class golf, tennis, spa, and so much more. Visit Bahamar.com today and discover a vacation destination where memories are made for a lifetime. Bahamar. Life spectacular. Fans of the late rapper Tupac Shakur stood outside the Las Vegas courthouse as a trial 30 years in the making started in a courtroom where Dwayne Keefe D.

16:20Davis is accused of Shakur's murder in a drive-by shooting in 1996. Some fans, like Derek Lee Stanton Jr., say they're prepared to stick it out as long as the trial lasts. It's more important than ever right now to even be having this conversation be brought up, for everybody to be focusing on this and to even want to find some justice for Tupac's report. I've been talking to former federal prosecutor Nima Rahmani, president of West Coast Trial Lawyers. Tupac remains a cultural icon. He's considered by many, and I guess you, to be one of the most influential and versatile rappers of all time. Fans of Tupac are standing outside the courthouse.

17:05How does that play, if at all, into the way the jury considers the case? I think it helps the prosecution because to the extent that you have a beloved victim, jurors are going to want to hold someone, anyone responsible. Obviously, you have cases where, and again, I don't condone any type of violence, but if you're looking at a very different type of case, would be Luigi Mangione because health insurance is so unpopular. That's a challenge for the prosecution in that case and certainly a benefit to the defense now. I don't, of course, condone violence for any reason. But when your victim is very well liked, I think that's an advantage for the prosecution because the jurors are going to want to hold someone responsible.

17:52The trial is expected to last between four to six weeks, and prosecutors are expected to call 35 to 45 witnesses. We've discussed how no one who was in the car, except allegedly for the defendant, is still alive. Suge Knight, who's serving time in prison for another crime, has said he doesn't want to testify. So besides retired police officers and detectives and perhaps some people who were at the hotel or the fight, who else do you think is on the prosecution's witness list? I think they're not going to be your witnesses in the traditional sense in that they didn't actually perceive the murder.

18:33I think we're going to see a lot of people talk about this feud, you know, this history, obviously the fight at the MGM. Basically setting the stage and really telling a story of why Davis would be motivated to shoot and kill or orchestrate the murder of Tupac Shakur. So I expect there to be a lot of witnesses telling that story. But as far as percipient witnesses, you're right, June. I don't think there are many, if any at all. Do you think it'll end up being, does the jury believe what Davis said before and through the years, or do they believe what he's saying now and he's been saying only since he was arrested?

19:15I think it's a fascinating case because it's really based on what Davis has said. Now, if you're the prosecution, I think you get there in a couple ways. One, you have to show that Davis's story has been consistent over the years, over the past almost 30 years now. If the story is consistent, that's helpful. There's inconsistencies because when people lie, they can obviously often change their stories over time, especially after many years. The second is that corroboration I talked about. I mean, they need something. They're just hanging their hat on the confessions alone. I think that's challenging, especially because, like the defense argued, no one else has filed charges, notwithstanding these confessions.

20:01The defense plans to call just a handful of witnesses. The defense attorney hasn't said whether the defendant will take the stand in his own defense. If he testifies, are the jurors supposed to believe him now, supposed to believe him before? I think if I'm the defense, I do not under any circumstances put Davis on the stand. Here's someone that is going to be completely destroyed on cross-examination. Maybe you want him to be destroyed because you want him to just look so incompetent. You want him to be a bumbling fool. So maybe it would be a mad genius move. but it's very very risky for this type of defendant he's obviously opened his mouth many many times when he should not have even when he was in jail he was talking to reporters right it's really unheard of unless there's a specific pr or other reason while there's a pending criminal case for a defendant to talk to reporters i mean it certainly happens we've seen it i believe with Scott Peterson and others who have a certain narcissism to them.

21:09But it is risky. And if I were the defense here, I would kind of stick with what I got, which is really reasonable doubt, because the prosecution is at a disadvantage because so much time has passed and most of the witnesses are dead. A jury of 16 people, six men and 10 women was seated. So four are alternates. Potential jurors were questioned about their knowledge of gangs, guns, hip-hop music, and memories of the 1990s music scene. Among the jurors, you have a self-help guru who once had a shoplifting habit, a motorcycle-riding retired gemologist who says she'd never heard of Tupac but doesn't have a problem with gang culture, and a mailman who used to listen to Tupac's music back in the 90s.

21:56So you appear to have a very diverse jury there. I say this respectfully. I am licensed in Nevada. We have an office in Las Vegas. But Vegas can have some interesting folks that travel through there. So I'm not surprised there's a diverse cast of characters. Look, I always say it's 12 men and women who can't get out of jury duty, right? So I'm not surprised you have all types on that panel. Here he's charged with murder with a deadly weapon, with the intent to promote further or assist a criminal gang. Do you think the jurors will have any problem with the fact that the prosecution says that the defendant himself didn't pull the trigger?

22:38I don't think so. I think the jury instructions are pretty clear. It's well established that you can be convicted as a co-conspirator. You can be convicted as an accomplice. The classic law school example is, you know, there's a murder and you're driving the getaway car. You don't have to pull the trigger to be guilty of murder under those circumstances as an accomplice. And in this particular case, at least the prosecution is alleging that Davis got the gun, and they're pretty specific as to who he got it from. He passed it to someone in the backseat only because he was to the right of Tupac's car in the front passenger seat.

23:16And his story is that had he been on the other side and had a clear shot, he would have taken it himself. So that's pretty damaging for the defense. He passed the firearm to someone in the back who didn't or was unable to take the shot and the other backseat passenger did. So under those circumstances, that's murder under the law, if the jurors believe that story. That story, you know, as you're reciting it, does have a lot of details that make it seem credible, I have to say, you know, for a jury, because it's not just I gave someone the gun and they know it's I wasn't on the right side or I would have shot him and then I came to someone in the front.

23:57And also he talks about Tupac actually waving to fans or whatever. He said if they wouldn't have known that he was in the car if he hadn't done that. So I mean, there are some details. Yeah, I mean, yeah, there are very specific details. And what's sort of fascinating is Tupac's car was apparently pulled over about 10 minutes before he was shot because he had no plates. So obviously an important part of the story. But yeah, like you said, if the story is precise, if it's consistent, if it's corroborated, I think the prosecution can get there. But if it's just a general story about a hip hop feud, it's gonna be hard to get 12 out of 12.

24:39This trial was 30 years in the making. We'll have to see if it lives up to the expectations that many people have for it. I am just really excited to be covering this one. Hopefully the jury gets it right. But really, the fact that there have been no charges in two of these cold cases for decades, it's really a head scratcher and really plays into the perception, right or wrong, that law enforcement is corrupt and that they either don't take these cases seriously at best or we're complicit somehow at worst. So I'm glad the case is moving forward. Excited to see what the coming days and weeks show in terms of a testimony.

25:24It's always great to get your insights, Neema. That's Neema Rahmani, president and co-founder of West Coast Trial Lawyers. Quick one before you jump back in. You're listening for ways to help teams move faster, make sharper decisions, and turn scattered context into work they can use. ChatGPT for Business can help. ChatGPT for Business gives teams a shared workspace with admin controls, permissions, and access to work and codecs in ChatGPT. This means your business can move from question to answer and code to rollout quicker. Join over 10 million business and enterprise users worldwide already using ChatGPT for Work.

26:01Download the ChatGPT desktop app or contact sales to learn more. Innovation is what gets your business to market. And Wasabi is designed to give every business a shot at competition. How? Break free from skyrocketing storage costs and unpredictable egress fees from old and top-heavy legacy providers. You know, the big guys. Wasabi is the world's hottest cloud storage company and the go-to provider for professional and collegiate sports teams and leagues around the world. And here's why. Innovation. From Wasabi's AI-enabled intelligent media storage Wasabi Air to the industry's only cloud storage service with triple protection against cyber criminals, data deletion, and ransomware, the world's top companies trust Wasabi.

26:48Remember, Wasabi is up to 80 % less than market competition and doesn't charge a cent for businesses to access their own data. Wasabi, another championship story. Check them out for free at wasabi.com. Wasabi Hot Cloud Storage. Proud partner of iHeart Podcast Network.

27:33Bolloud and Marcus Samuelson, nightlife venues like the new John Batiste Jazz Club, and the Caribbean's most luxurious casino. At Baja Mar, you'll find every pleasure under the sun and one-of-a-kind experiences for the entire family, like Baja Bay, our 15-acre lush tropical water park, interactive wildlife experiences, including our daily flamingo parade, world-class golf, tennis, spa, and so much more. Visit Bahamar.com today and discover a vacation destination where memories are made for a lifetime. Bahamar. Life spectacular. A federal judge in Los Angeles signaled she's likely to issue a preliminary injunction ordering ICE to stop making warrantless arrests unless agents first determine that a person is a flight risk.

28:23That would force ICE agents to fundamentally change the way they've been conducting the sweeps at the heart of President Trump's massive deportation campaign. Joining me is an expert in immigration law, Leon Fresco, a partner at Holland & Knight. He was the head of the Justice Department's Office of Immigration Litigation during the Obama administration. Leon, is this the same case that went up to the Supreme Court at one point? So this case has had a lot of iteration. So it started in June of 2025 with the sort of go to the Home Depot and start grabbing people. We want to get to 3000 arrests a day.