Duane 'Keffe D' Davis trial continues in 1996 murder of Tupac Shakur

Okay, back on record. State versus Davis. C377407.

Looks like we have the jury lined up. Anything we need to address before we. bring them in? >> Not from the state. >> Mr. Sorry, Mr. Sam. >> Yeah, we do have one request that the. court. I understand that the state will. be putting on a witness that actually. has a medical appointment back in. California tomorrow. >> Okay. >> Um And so as a result, I would like to. be able to do my cross after they. present all of their direct evidence, which would include the recording that. will be played with regards to an.

interview with Mr. Davis, but I'd like. to do that at the end instead of in the. middle like we did yesterday or the. other day with Detective Miller. There. were questions I wanted to ask Detective. Miller that I just couldn't do after the. recording had been played. And so I. understand this detective, Detective. Dri, would be in California tomorrow for. the appointment. I just So you would. rather So you understand that he's going. to be back in California, but you still. want to do it via Zoom. >> Sure. Yeah. Because I don't want to miss. the disappointment on on. >> So no objection to him doing it via. Zoom, but you want the state to present. all of the information that they're.

presenting through him and then you do. your cross. >> Yes. >> Okay. I think we can accommodate that, right, State? >> Well, I mean there is approximately 5. hours worth of recordings um with him. uh once it's into evidence, our choice. to play it, whether he's on the stand or. not, is when we decide to play it. >> Okay. >> Uh during the trial, um I uh explained. to Detective Dupri that I plan to do my. direct and his cross-examination today. because I knew that he had to be out of.

here. >> Okay. >> I don't think he'd be opposed to subject. to recall with Mr. shamp if he wants to. go by and would come back on by Zoom, but I am opposed to the idea that. they're going to control the way we. present our evidence. I we'll do direct, we'll do cross. If there's anything he. wants to additionally have from. Detective Dri, I don't think that he'd. necessarily be opposed to getting on a. Zoom uh in his case. >> All right. Um do you guys want to talk. to him real quick to see if he can be.

recalled um if there's something that. needs to be done after everything's. presented? Okay. I just want to inter I heard the. state basically say that they don't want. me to dictate how they want to present. the case. I'm perfectly fine with that. I'm just saying. >> You're not stipulating that they can. play it outside. >> Look, I mean, this is a matter of. professional courtesy. I would. definitely allow him to go back to. California to do what he's doing, but. he's on the stand. Technically, he's not. supposed to be released until after the.

court releases him from the subpoena. And so as a result, if you want to play. that game, then I would want him to stay. here overnight so he can at least be. cross-examined by me. I just was trying. to be nice about it by doing it the. other way. But it seems now like I have. to recall this person. I don't trust. that he wouldn't disappear in the wind. I don't care if he's a detective. Like. in my opinion, I got a problem with. that. >> Well, yeah, but I. once a piece of evidence is admitted, it's our choice as to when to play it. and how to play it. And so like I I'm. not getting dictated how we do that. I.

if he's done with cross, if if he's. going to delay cross and keep him on the. stand long enough, he's free to play it. during this cross- examination if he. wants to. Once a piece of of evidence is. admitted, it's admitted, right? So, I'm. >> going to have him verify it and then not. play it until closings or something. That's your prerogative. Or I could or I. could just, you know, uh on Friday. decide we're going to play because we. have hours and hours and hours of audio. to play and just having somebody sitting.

on the stand for audio is not necessary. >> I can present it in in any manner I want. to. It doesn't require the witness to be. here to listen to it once. >> So it sounds like what Mr. Sam is saying. is he has no objection to him to you. doing your direct and then playing it. without him being here and then he would. like to do do his cross tomorrow. So, I. was just going to see if. >> I just don't think we'll be through it. by tomorrow. I think it may be. >> Oh, because we have a witness coming. tomorrow. So, we may be breaking up 2008. and then later on playing 2009. So, I I.

don't know when that's going to happen. in our presentation of the evidence. >> I understand that. >> kind of the issue that we're having. because we're really juggling a lot of. out of state witnesses because nobody. was in Vegas when when this crime. occurred. [laughter]. So, Mr. S, what I'll do is after you. listen to when the state is done with. their direct, I'll and they've admitted. what they want to admit and they say. that they're done, I'll turn to you and. you can let me know if you want to.

cross-examine now or if you want to. ultimately recall him on your own for. your presentation. >> And if there is a little bit of a regret. with regards to detective filler and I. do understand there were some. audiovisisual problems with his. connection, right? in terms of his. >> there were questions that I look back. listening to this video or this audio. that I should have asked him that I. didn't ask him. I do not want to fall. into that same regret with regards to. detective decree. So, um I just know. that there will be questions.

>> Do you want me to do you want me to ask. then? I guess I'm I was just trying to. get somebody to figure out if he would. be available at a later time for recall. That's all I'm trying to do at this. point so that I can see what my options. are. >> I mean, I'd be happy to go out talk. I. think he's in the back. So if you guys. want to talk to him and see if he has a. time afterwards, I understand your. concern. I understand your point that we. can just admit it and play it a at. closings. Essentially, we don't once. something's admitted, you can play it. whenever you want. That is true. You. also may have questions that get. formulated after the item is presented.

So let's see if there's a possibility. for him to be recalled at all at any. point. I have no problem with doing. that, >> but I don't know if he's available. So. go check with him and then we can call. for the plan. >> Sir.

has agreed to be available Friday. morning. >> Okay. >> Uh if Mr. Sam has any additional. questions by way of Zoom, we figure by. then we'll be through the two. statements. >> I appreciate it. Thank you guys. All. right. Perfect. So, looks like that's.

been resolved. Anything else we need to. address outside the presence? >> Not from the state. >> All right. Let's bring the jury in. the jury. This is a different.

the party sit the president's majority. >> Yes sir. >> Yes sir. >> Okay. You may be seated. Welcome back ladies and gentlemen. Uh. thanks for accommodating me as I we. started a little bit later. I appreciate. your time. Uh at this time we are still. in the ca states case in chief. Um,

who's your next witness, Mr. >> William? Okay. You do songs for the testimony you're. about to give in this action shall be.

the truth, the whole truth, and nothing. but the truth shall help you God. >> Yes, sir. >> You may be seated. >> May I please have you state and spell. your first and last name for the record? >> Name is Wade Lee. W A D E L E. >> Thank you, Mr. Lee, um, for being here. Mr. Dej, whenever you're ready, you may. proceed. over there.

>> Sir, back in the 90s, how were you. employed? >> Uh, I was a special agent with the FBI. >> How long you were you with the FBI? >> 25 years. >> And when did you start? >> Uh, May of 1996. >> May of 1996. >> Yes. >> Uh, so uh, you haven't been retired that. long, actually. about five years. >> Um, I want to direct your attention to. [clears throat]. the 1997. 1998 time period. Uh, what was your.

assignment? What were you doing for the. FBI at that time? >> I was assigned to a squad that was. working a State Streets task force. I. was on basically the vine crimes major. offenders uh, program working gangs in. South Central LA. You said Project Safe Street and that's. a federal task force that has multi-. agency uh people on it. >> Yes, that's correct. Uh the way it was. generally organized, there were several.

squads in LA uh the LA division of the. FBI that were assigned to different. regions of the the the area, the. territories. We had my squad was. assigned to the Watts area of Los. Angeles South Central. >> And [clears throat] um as part of your. duties, did you have a partner by the. name of uh Agent Holiday? >> Yeah. Todd Holiday. Yes. Did there come a point in time when the. two of you along with us other members.

of your squad begin an investigation. into uh a criminal street gang by the. name of Grape Street? >> Yes. It was. >> Can you explain to ladies and gentlemen. the jury what the grape what Grape. Street is? >> Uh Grape Street the Grape Street Crips. was a large uh gang organization that. operated out of the Jordan Downs housing. projects in Watts. Uh it was basically. believed to be the largest uh crypt set. in all of all of America. Our squad was.

working uh the violent aspects and drug. dealing [clears throat] aspects of that. organization. >> As part of uh your investigation into. Grape Street, did you come across a. person that you identified as Dwayne. Davis? >> Yes. >> And do you see Mr. Davis here in court. today? >> Yes, I do. >> Can you point him out to describe some. of his wire? >> Uh, it's the gentleman sitting in the uh. at the defendant's table with the blue.

shirt and tie. >> And how is it that you came across Mr. Davis? Uh during the course of our. investigation with Grape Street, um. lot when you're looking at the. organization, there was numerous uh. techniques that we used for. investigating whether it was informants, wiretaps, surveillance, uh active. interviews and things of that nature. Uh. during the course of the that interview, uh Mr. Davis uh kind of came under the.

umbrella under the course of our. investigation of one of his associate. family members uh by the individual of. the name Rodney Blackman. >> And uh did Rodney have a nickname? >> Speedy. >> Um during the time period that you're. doing this investigation. Um well, let me ask you this. uh. [clears throat] as part of project safe. streets as well as being assigned to the. Watts area. Were you aware of the.

various gang sets and their um. >> Yeah, I mean there while our squad was. working that that. investigation on Grape Street, you. always would have crossover in other. other areas. Uh for example, in in. Watts, there were three main housing. project areas. Each of them you had uh. fairly prominent uh gang or. organizations as well as gangs that came. up from the Compton area and other parts.

of South Central Los Angeles. So there. was usually crossover whether it's from. drug activity or other sort of gang. violence, things like that. >> And you mentioned one of them in the. Jordan Downs. >> Yes. >> Uh what type of housing what type of. gang activity was going on in the Jordan. Downs? Uh so Grape Street Crips operated. out of Jordan Downs housing projects and. it was they basically controlled that. whole housing project as far as the drug. trafficking violent uh activity and.

things of that nature. >> If somebody were hiding out from uh. blood gang members hunting him uh would. and he was a obviously would it be. safe for him to be inside the Jordan. Downs? Uh yeah, for from other rival. gangs and things of that nature. Yes. Generally speaking, >> you mentioned that Mr. Davis had a. cousin uh that I'm going to call Speedy. Um at some point, do you wind up uh.

learning information that allows you to. arrest Mr. Davis uh for some criminal. offenses? >> Uh yes, we were part of our. investigation while we were up on uh Mr. Blackman. There was a period of time. when uh Mr. Davis actually was staying. with uh with David uh with with. Blackman. Uh it was actually after the. uh Tubac Shakur murder. Uh during the.

course of our investigation of the. Grapefruit Crips and of Blackman and. things like that, we were able to uh. obtain uh. information and evidence to develop a. case against Mr. uh Mr. Davis. >> And can you just describe the general. allegations of the case? >> Uh it was drug trafficking. Uh 2 kilos. Uh he was uh indicted and arrested for u. selling 2 kilos of cocaine. >> And the type of evidence you had against.

Mr. Davis, what was it? >> Um most of it was uh phone telephone. conversation intercepts from wire tabs, the court authorized wire taps. And. based upon the charges ultimately, do. you indict Mr. Davis for some crimes. related to drug trafficking? >> Yes, he was uh indicted, arrested uh and. then eventually pled guilty. >> Um the type of sentence Mr. Davis was.

facing uh when he was indicted, what. kind of ranges are we talking for those. kind of charges? >> I believe it was around somewhere in the. nature of 10 years. uh and initially uh. but it varies depending on you know. individual's prior criminal history uh. whether they were felony convictions, drug trafficking offenses and things of. that nature. Uh it also depend varies. depending on the type of drug that the. individual might have been accused of of.

trafficking. uh back then and and that. at that time period the federal. sentencing guidelines, there was a. difference in sentencing for uh rock. cocaine, crack cocaine versus, you know, regular powder cocaine and things of. that nature. And he was uh indicted for. uh trafficking 2 kilos of powder. cocaine. [clears throat]. Um, as part of that investigation, does. there come a point in time when you do.

what's known as a profer with Mr. Davis? >> Yes, we did. >> And describe for ladies and gentlemen of. the jury what a profer is. So a proper. interview uh session would be it's. usually considered it's a fairly common. practice particularly in the uh federal. uh criminal justice system where uh we. have an individual who's been indicted. and arrested and it sort of is this the. beginning of a negotiation for a plea.

agreement if you will. Uh what we do is. the US attorney's office, the defendant, the defendant's attorney, they all agree. that to to doing conducting an interview. with the FBI. Um the terms of that. agreement are such that the defendant. has to be open uh and cander tell the. truth regarding the questions that we. ask him. Uh in return, the FBI.

Department of Justice uh will not use. what the defendant says. in that proper session against him in. this this case in this in chief that we. have him charged with. Uh the uh the c. the there's a couple little caveats. One. being [clears throat]. that if during trial the defendant set. goes on to make statements that. contradict what he said in that proper. session at that point it violates it and. we we can use this the statements.

against him. Uh you know those are those. are generally the nature and then we we. also we agree to keep the keep the uh. the nature of the interview. confidential. You. >> may reapproach. >> Yeah.

All right, Mr. J, you proceed.

>> When you had your 1998 Crawer. uh with Mr. Davis, um well, first of. all, were you by yourself or were there. uh did you have your partner Todd. Holiday with you? uh Todd Al attended as. well as uh uh assistant United States. attorney along with the uh the attorney. for Mr. Davis who were also there. >> And what was his name? >> Uh referred to by. >> I'm actually I have what's marked as.

propos 46. I know you got a com. >> Um. >> that's fine. How about we use the one. that I have marked and then I'll take. back from you. >> Um, >> if reviewing those notes, refresh your. recollection as to the name of his. attorney. >> Uh, yes. Uh, Edy Fall. >> Okay. After reviewing that, has your. recollection been refreshed? >> Oh, yes. Sorry. >> And it's Edie Fall. >> Yes. >> Understood. You may proceed. >> Um, when uh first of all, let me ask.

this. uh up until you were contacted. sometime this year, have you maintained. the confidentiality of this uh uh. conversation that you have with Mr. Davis? >> Yes. >> Um and as far as you're aware, your. partner Todd Holidayiday also uh. maintain the confidentiality of it. >> Yes, as far as I know. And before you. hit the stand today or sometime last. week or the week before at some point uh.

the United States or the assistant. the US attorney's office issued a letter. authorizing you to testify to these two. uh conversations you have with Mr. Davis. >> Uh yes, referring to the TUI letter. Yes. Okay. And that's a requirement that. state prosecutors have to get uh. permission from the federal government. to allow you as an agent or former agent. to testify to actions you took in your. official capacity as the federal law.

enforcement officer. >> Yes. Regarding those two interviews, yes. >> Um, how is your profer with Mr. Davis. documented? uh usually use we use the uh standard. FBI reporting mechanism which is a FD302. report. >> and that is essentially a report that. lays out the information you receive. There's no audio recording of that. particular conversation. >> That's correct.

>> Um and is there a um FBI 302? What's in. front of you? And I forgot the number. Or is it 146? >> 146. >> 146. Is that a fair and accurate copy of. the description of the conversation that. you were a part of with Mr. Davis on. July 16th of 1998? >> Uh, yes it is. >> Move to admit.

146. >> Nine. >> No objection. So admit it. >> Now, I'm not going to have you go. through everything uh that was in there, but what is your purpose uh in talking. to Mr. Davis in the proper session? Well, uh, the purpose is to, uh, glean. as much information as we can regarding, uh, what he knew or knew at the time.

regarding gang, drug, violent activity. going on within the Wads and Compton. areas. >> Were you investigating. uh, directly at least the Tupac Shakur. murder? >> Not not directly like it wasn't we. weren't assigned. we were working our. normal gang activity investigations. However, however, it was known to us. that he was a person of Mr. Davis was a. person of interest regarding that.

homicide. >> And so during this proper session, you. asked him questions about that as well. >> Yes, we did. >> I'm going to go through 146 in front of. you. Um, and actually, I can. roll it up here on the screen for you.

It would help if I plugged the computer. in. So that's what the front page of this. 302 says. is confidential and has the date and a. description of who the people that are. present for this particular proper are. >> That's correct.

the very first part of the interview. and. let's suppose that. there you have a discussion with Mr. Davis about. an individual called Zip. How tell us. what he tells you about this individual. Zip initially. Um, initially that Zip was uh an. individual from New York who was a pimp.

uh who controlled girls, numerous girls, sold marijuana. Uh he did just mention that uh Zip was. involved in PCP trafficking. Uh and that. Davis at one point arranged for an. individual by the name of Patrick. Bernard to give Zip some PCP. Uh, so Zip. came from New York to LA to conduct the. transaction. >> And did he also mention how he met Zip?

>> Uh, yes. He said he met met Zip at a. baseball game somewhere in approximately. 1993 or '94. Uh, there was an individual. named Fats. Uh, who's also at the game. that introduced Davis to Zip. >> And then he talks to you a little bit. about who Fats is. Yeah, Fats was a uh. large cocaine supplier who operated in. the west side of LA. It's also known as. Flint. Um Davis associated with Fats uh.

prior to 1994. uh up until Basically the time I guess. where Fats was was arrested and uh and. taken into federal custody. >> Skip past. some fats. Um there's a convers or part of this. conversation a person by the name of uh. Wayne Day comes up. Do you know who. Wayne Day is? >> Yes. Uh Wayne Day was actually arrested.

by individual by our the squad that I. worked on the safe street task force. He. was a large scale uh drug dealer, [clears throat] drug trafficker in the. Watts area compon Cribs. And does Davis. describe his relationship as it relates. to Mr. Day? >> Uh yes. There was uh he mentioned that. that uh they were they were they were. related that uh Davis had an uncle who.

was. the uncle of Wayne Day how he described. it. And then there's a conversation in. this next paragraph where um. Mr. Davis makes mention of Mr. Day. having Compton sewn up. What does sown. up mean? >> Well, in terms of having control of all. the drug trafficking in that specific. area. Uh and actually.

it was mentioned agents mentioned um to. him and that said that Wayne had had. Compton sewn up and Mr. uh Davis uh said. actually that he had part of Compton. sewn up that he didn't have the. southside part that uh Davis operated. in. >> And then does he tell you what his role. is in the southside part of Compton as. it relates to drug trafficking? Uh when you say he, you're referring to.

>> Mr. Davis. Sorry. >> Uh that Mr. Davis had to that side of. Compton handled as far as the drugs. >> And did he talk to you about who handled. the north side of Compton? >> Uh yes, he did. It was uh an individual. was a former Compton PD officer by the. name of Reggie Wright Jr. >> I'm going to drop down a little bit. here. um to the part where.

um he talks to you about both him and. Mr. Blackman being major suppliers in. the Jordan Downs housing project in. Watts. >> That's correct. >> And then he begins to talk to you about. the start of death row records. Uh yeah, we uh again that was all part. of the you know overall investigations. that we're looking at as far as the gang. activity and things of that nature. And. he mentioned uh.

there was an individual by the name uh. of uh. uh Harry O that provided money to start. start the the organ the death row. records. Uh. also, uh what is his name? Uh I believe. Patrick Johnson uh provided. approximately $80,000. Uh actually told Davis to give $80,000. that money uh that Davis owed to Johnson.

from a previous game track transactions. to Johnson's girlfriend. So that money. could be uh used to start Death Row. Records. And he also explains Marian. Suge Knight's role and his connection to. the blood gang members. >> Uh yes, he did. Uh he said that uh. Marian Knight had gained control of the. North drug trade and that he was. associated with a bunch of the blood. street gang members uh like the Ma Pyus. and such. Um, and they were, you know,

getting, you know, the Knight was. getting them in and out of getting them. out of jail, bailing them out, and they. were, they would cooperate with with uh, Knight. >> And basically when Knight goes to. prison, he tells you Reggie Wright kind. of takes over. >> Yeah. Reggie Wright Jr. took over the. organization after Suge Knight was. arrested. >> You already mentioned Harry O.

Uh but Davis claims to actually be. involved in the delivery of some of the. money associated with the startup of. death row records. >> Yes. >> Um. down. you see at the top there uh you ask him. about uh his prior relationship with Mr. night prior to the murder of Tupac. You.

see that paragraph there? >> Uh. uh yeah, I mean Davis said that he uh. told us that he didn't never had any. issues with with uh Suge Knight or uh. any of those individuals prior to the. incident in Vegas with uh the killing of. Mr. Shakur. >> And Mr. Davis goes on, I'm going to skip down just a little. bit, but he basically accuses two.

Compton uh Police Department officers, Sergeant Reynolds and Lieutenant Reggie. Wright Senior, the father of Reggie. Wright Jr. is basically being corrupt. officers. >> Yes. Yeah. That uh Reggie Reggie Wright. senior was a lieutenant with Compton. Police Department and then Reggie Wright. Jr. was a former officer with the police. department. uh he had then started a. company called rightway security and. then he was working with Sug Knight.

blood uh doing security uh although. some claimed it wasn't on an official. capacity uh for death row records. looking at their parties and such and. things like that they would rightway. security they would employ Compton PD uh. officers and things of that nature uh to. conduct their business for Mr. Knight. >> And he also mentions Omar Bradley. Who's. Omar Bradley? >> Omar Bradley's former mayor of Compton,

the city of Compton. Um he mentions uh. Mr. Bradley saying that he was. associated with Knight and the uh other. blood uh pirate gang members. skip through the part. Top of page four, he provides. information or at least asserts that. Reggie Wright Jr. is uh selling. distributing drugs out of a particular.

location and even names some people that. are helping with that. >> Uh yes. Uh he stated that uh Richard Jr. [snorts]. uh had a drug distribution location uh. an auto body shop called Untouchables. Uh that was located uh uh there was uh. the shop was owned by an individual by. the name of uh Melvin Herd. Uh and Herd, this a guy by the name of Gay and Jim. helped distribute cocaine from the shop.

>> He also mentions some people that work. for uh Reggie Ray Jr. assisting in the. cocaine distribution. >> Yes. He's he uh stated that uh Reggie. Wright Jr. had uh individual by the name. of Mob James who was a member of the Mob. Pyru uh street gang um individual named. Flip uh who distributed out of a. location a shop location on Compton. Boulevard. Uh and Harris uh there was uh.

an individual known as Buntry. Uh we We. at the time we wrote it out as Bump. Tree, but we believe that actually was. uh an individual known as Buntry. Montreal or um. >> Alvin McDonald. >> Yes. >> B U N T R Y. >> Yes. Alvin McDonald who was the brother. of Mob James, which is James McDonald. Um uh also another individual named. Trayvon Lane uh who was a mob pirate.

gang member. and then Kevin Woods. >> And then they can kind of read this. themselves, but at some point he talks. about an incident that occurs uh at a. neighborhood mall uh involving um. a person named Marcus. What does what. does he tell you about that? Uh yeah, this was a few weeks before uh the.

murder of uh Tupac Shakur. This. individual Marcus uh who's a Southside. uh uh was at at a mall by himself. Uh several blood street gang members. attacked him, start beating him up. Uh. then an individual, Mr. uh Orlando. Anderson, who was the u cousin or nephew. uh of uh Mr. Davis uh observed what was. happening and went in to help uh help.

Marcus and they beat up uh and fended. off the the other gang members. >> And then he moves on to describe the. incident uh at the MGM casino the night. of Mr. Shakur's murder. >> Yes, he did. >> And what did he tell you? Uh he told us uh the day of the the. murder of Tupac Shakur that the Blood. Street members uh some blood street gang. members saw and night they saw Orlando.

Anderson. Um they attacked him because. the pre previous incident at the mall. Uh after the attack uh Mr. Davis. Anderson, Orlando Anderson, uh, and. their girlfriends. went back up to their hotel room at the. Excalibur Hotel and he said that was it. They didn't have any involvement. They. stayed in the room the rest of the. night. >> He tells you that the room was in. Anderson's name. >> Yeah, the room was in Anderson's name.

uh that they had driven up to v to to. Vegas from uh the LA area in a Land. Cruiser and that they had some other. associates, Cory Edwards, uh Kevin. Davis, Terry Brown aka Bubble Up, uh Big. Dre, and Wyn also traveled to Las Vegas. They stayed at the MGM. >> and he repeatedly denies to you knowing. who killed Tupac Shakur. >> Yeah. He he said they didn't they didn't. have any knowledge of uh what happened.

uh that they weren't involved. Uh he l. he did later speculate that maybe it was. some Compton police officers that were. working for SG Knight and that maybe it. was because he had heard that Tupac was. talking about possibly leaving Death Row. Records or something to that effect. But. >> his suggestion was that perhaps Knight, who's driving the car, had Compton. police officer shoot Tupac in the car. Suge's driving. >> Yes, something of that fact.

>> Okay. Um, I'm going to keep rolling down here. Uh, he gets back at page five to talking. about Zip. So, how does how does he tell. you? Well, he talks about Zip and how he. uh becomes associated with the Notorious. B.I. >> Yeah. He said that uh back in 9394, Zip. introduced Davis to uh Notorious B.I. at. uh Summerjam concert. Uh and Davis would.

associate with Notorious B.I. when he. was in LA area. Uh but they never had. any like drug connections or anything. like that. Um, he tells you that he was actually at. the Peterson Automotive Museum the night. Mr. Wallace was killed. >> That's correct. Yes. >> And then he saw some uh at least people. associated with death row records uh at.

that location. >> Yeah. He he he told us that uh prior to. that that the night of the murder, Dave. Davis observed some females associated. with death row records at the party. Um. he he said like Juel a singer uh. Lashelle a comedian for death row and he. Davis believes that he saw that they saw. uh Mr. Wallace at the event then called. uh blood gang me gang members to come. Uh Davis did say say he observed Reggie.

Wright Jr. DJ Quig, uh, who was a. performer for Death Row, Theo, a a local. dish jockey, and about 10 or 11 other. Treetop. Blood gang members arrived at the event. Davis told, uh, Mr. Wallace that they. were to watch, you know, that that they. were there and they should watch out. And then shortly thereafter, uh, Mr. Wallace was shot, but Davis wasn't. there. He didn't see what who actually. shot him. Uh but once again he tells you.

that he believes that Reggie Wright Jr. and Blood Gang members are are the. people that killed uh Mr. Wallace. >> Uh yes, he said he believed that Reggie. Wright Jr. and the blood gang members. associated with uh with him were the. ones responsible for killing Notorious. B.I. uh when asked uh who the individual was. who actually killed him uh based off of. uh there was a composite drawing that. was uh being that had been provided and.

was kind of passed around. So we showed. him that uh Davis responded that. composite looked just like Reggie Right. Jr. >> Um. you remember the day that you arrested. Mr. Davis on the indictment. >> Yes. >> What day was that? >> Uh, I believe it was May 28th, 98, 1998. >> Was it the day before the Orlando. Anderson's killed in his own shootout?

Uh, yes. In California. >> Yes. >> And Mr. Davis talks to you a little bit. about that without going into the. specifics, but he talks to you a little. bit about how Mr. Anderson wound up. dying. >> Yes, he did. And thereafter, and I'm not going to go. through all of these, uh, he initially denies. distribution out of state, but. eventually talks to you about a lot of. different locations, uh, engaged in.

distributing cocaine. >> Yeah. I mean, he, you know, he, we asked. him to discuss all the individuals out. of state who he supplied cocaine to and. and all the local uh, individuals he. supplied and distributed to. Uh he he. initially said that he hadn't. distributed out of state to anyone or or. knew of anyone uh who who did it within. the last three years. But then he went. through and we started asking about. specific individuals and he would.

provide more details and information. [clears throat] about who he had. supplied and what he had supplied and. sort of details. >> One of the people he talks about is. Primo. Uh yeah. Yes. Uh Primo was uh. uh was an individual that he bought. cocaine from like a his supplier of of. kilos of cocaine. Um anywhere from. 11,500. to 12,500 kilogram. Uh, Primo fronted.

Davis uh, one point up like 200 kilos of. co cocaine at a time and then Davis. would go out and sell it and then pay. fringo back. >> Um, he also mentions Corey Edwards. uh, getting drugs from Mr. Davis and. being out in Ohio and uh, uh, distributing cocaine in Ohio. >> Uh, yes. up, you know, Davis said that.

at that time back when we were. interviewing him in 98 uh up until about. three years prior that he was supplying. uh Corey Edwards uh who was selling. cocaine all over Ohio. Um, but I guess. Edwards got into uh he said at one point. Edwards got into some trouble uh with uh. his Cleveland uh Cleveland drug contact. and that individual started coming out. to acquire uh cocaine directly from.

Davis. Uh that was an individual named. Bubs who resided in Cleveland. Eventually. he describes how Po Primo goes back to. Colombia and he gets a new uh supplier. by the name of Samuel Lopez. >> Uh yeah, that yeah. So yeah, Primo I. guess departed the US. Uh so we had to. start selling cocaine in smaller. quantities. Um and he came across a.

supplier by the name of Samuel Lopez uh. whose brother was actually in f federal. custody. Uh. then Davis had heard that Sam Samuel. Lopez went back to Mexico after the FBI. attempted to arrest him. Um and I guess. there was a younger brother uh or. another Lopez, George Lope used to. answer the phone for Samuel Lopez time. >> And I'm not going to go into this, but. uh there was a discussion of someone. named Dri, but that guy's full name was.

Azelle Dri Hall III. Correct. >> Yes, that's correct. He talks specifically about the phone. calls that uh you were playing for him. that you had captured him on the wire. >> That's correct. >> Oh. Um at the very end he denies that.

he's the leader of the Southside Crips. and claims Darnell Brim is actually the. leader of the gang. >> Yes, he Yeah, he's even though he. had said that he was large scale, you. know, basically uh drug trafficker on. that south side of Compton that Darnell. Brim was actually the head of the game, if you will. Okay. Now, I want to move on. Shortly after that conversation that you. had with Mr. Davis, uh, did he enter a.

guilty plea uh to some charges and get. sentenced uh to 70 months in federal. prison? >> Yes, he did. >> That's a little less than uh six years. So, he got some benefit from talking to. you from what the. >> Yeah, I don't if it was 70 months. It. might have been 77 months. 77 70 or 77. months. I don't recall specifically. >> Judge, I have in my hand, it says it's. admitted, but I don't remember offering.

it. Um, a certified copy of the. indictment, the plea, and the judgment. of conviction in United States District. Court for the Central District of. California. uh KCR-98537. convincing his party's.

All right. Seven. That will be. apparently was admitted as 75, but it. will be admitted formally as 75.

Additionally, ladies and gentlemen, you. have heard and will continue to hear. testimony regarding um drug trafficking, conspiracy, gang affiliation, as well as a federal. conviction of Mr. Davis's. These are not. offered to show that Mr. Davis has a. propensity to commit crimes. Instead, they are offered to establish. uh credibility of the statements made by. defendant in relation to this case as. well as motive and identity. Mr. Dejako, you may proceed. >> Thank you, judge. Um, now after Mr.

Davis goes to federal prison, >> hang on one second. They're not offered. for any for to show propensity to commit. crime and you are not to consider them. for any propensity that Mr. that Mr. Davis has any propensity to commit. crime. You may proceed, Mr. Doc. No, sorry. I praise that one. >> Subsequent to Mr. Davis going to prison, do you and your partner on holiday go to. federal prison and have just a voluntary.

conversation with Mr. Davis? >> Yes, we did. We went to uh the. >> Is that situation different than the. proper situation? Uh it is in that there's it's it's a. again it's a strictly voluntary. interview. Uh his his attorney the US. attorney's office were notified of us to. contact him because he's in c custody. But uh the terms of the profit it's not. this it's not the same as the profit. agreement. It's just a normal regular.

interview. >> But once again you do promise him. confidentiality during that. conversation. >> Yes we did. And up until the US attorney. authorized you, you maintain that. confidentiality. >> That's correct. >> I'm showing you what's been marked as. state's proposed exhibit number 149. Is that the 302 that describes that. particular conversation? >> Yes, it is. >> Move to 149. >> Any objection? >> No objection.

>> So, so admit. >> and I'm going to put that one up on the. screen. Can you tell me the date that that. occurred? >> Uh the the interview. >> Let's see here. Uh April 15th, 1999. >> Okay. And the reports generated on April. 20th of 19. >> That's correct. >> Okay. Um.

uh you begin the conversation with him. talking about uh Mr. Anderson and his. death. Is that fair? >> Yes, that's correct. >> And then. Mr. Davis tells you he's not aware of. any motive for why blood gang members or. individuals associated with death row. records would have wanted to kill. Anderson. >> That's correct.

And then. >> he um. repeats that he had nothing to do with. either Tupac Shakur or uh Christopher. Wallace's murder. >> Yes. He he actually Yeah. He said that. himself and uh Mr. Charlander Anderson. had were not involved in the shooting. death of Tupac Shakur and uh and as well. as anybody else that it was that he was. associated with um and with Tupac or Mr.

Christopher Wallace Dig. >> Does he speculate. uh again as to. who would have been involved in these. two murders? Well, he said, you know, he. told us he didn't know who killed the. two uh rap stars, but uh that he. believed individuals from New York. associated with Puffy Combmes or. individuals associated with Death Row. Records could have killed Shakur and. that individuals associated with Death.

Row Records uh killed Mr. Wallace. And then he talks. a little bit of the gang war uh that. occurs shortly after the murder of Tupac. Shakur. Uh yes. Uh basically he said that there. was a conflict in between Davis. [clears throat] and Mr. Marian Knight. uh that resulted uh as as a result of. the shootings uh that the comp there was.

a basically a war going on between. Southside Compton Crips and Compton uh. blood pirate gang members uh from. stemming from the mall altercation with. Marcus Nun and Orlando Anderson, other. members of uh Southside Compton Crips. along with the Compton Blood gang. members. >> And he claims the reason the people. believe that Orlando Anderson is the. killer is that he asserts the Compton. police is telling people that.

>> that's correct. He may he made comments. that uh you believe that Compton PD. members were putting out rumors that uh. Orlando Anderson and them were involved. >> Um do you confront him about. Mr. Anderson, the attack and him being. upset. uh about that particular attack. >> Well, I mean, we asked um we asked him.

about that about the whole escalation of. incident uh because of the gang. activity, the incident at the mall, then. at the MGM Grand. Uh then obviously the. shooting of Tupac and things of that. nature. Uh Mr. Davis said that Davis and. Anderson were upset after the casino's. attack on Anderson, but they weren't. going to strike back with so many police. officers around that they would have. struck back once they returned to. Compton. >> So, he indicates to you that he's angry.

enough to do it. It's just he planned on. doing it back in Compton, which uh. instead of in Las Vegas. >> Yeah, if there were, but apparently it. was because of police presence in the. area, something of that nature. I'm not going to go through all the rest. of this. You can read sort of the rest. of this. Let me just check the very. bottom.

Oh, thank you uh agent. That completes. my questions. Okay. >> Uh Mr. S, cross examination. >> Thank you, honor. >> [clears throat]. >> It's no longer special agent or it's. still special agent. >> Either either way is fine. >> All right. Um. we'll stick with Special Agent Lee.

Okay. >> All right. Now, um, sir, fair to say, uh, working for the FBI would have been, uh, something of an honor, I would. imagine, working for. >> an organization like that. >> Yes. >> Um, fair to say, of course, that working. for the FBI, I would imagine that other. people would consider that to be the. creme de creme of investigation. throughout our entire country. >> Um, yeah, some people would consider.

that. Yes. I you put on seminars for law. enforcement agencies throughout the. country to help them with their. investigative efforts to help them. become better police officers and. detectives. Fair. >> You talk about me specifically? >> No. Well, you as the FBI. >> Okay. Yes. Yes. >> And uh with regard to that um have you. ever u gone to Compton Police Department. to learn how they do their investigative. technique techniques make your yourself. or your agency a better agency or. yourself as a better special agent?

I'm I'm sorry. Could you. >> Have you ever gone to Compton Police. Department to see how they do their. investigation to become a better agent. yourself? >> No, I did not. >> All right. And uh once again, with. regards to what you do as uh the FBI, uh. you're very specific in your task, right? Your task is whenever there's a. violation of federal law, for instance, you're the [cough] pass. >> I'm sorry. >> That's right. Yeah. Um, with regards to. federal law, if there's a violation of. federal law, you're the agency that.

typically would be tasked with the. investigation. Right. >> Correct. [snorts]. >> Now, we talked a little bit about the um. the 302s in this case. And the 302 and. just for the jury's edification, when. you say it's a sort of a means, it's. really just a piece of paper and a pen, right? >> It's a report, >> right? And so you are writing out what. your impressions or recollection was of. a specific event or time. Right. >> Correct. >> So if you're sitting in a room and we're. having a conversation, you would note in.

your report who's in the room and what. your impressions were of what was said. and who said what. Right. >> Right. >> Now, of course, juries here would be. curious. You know, we have recorders. now. Back in 1996, 1998 in this case, >> uh recorders were available to the FBI, but of course that's not how you do your. job. >> The uh use of recordings for the FBI of.

they were not standard policy and. procedure for the FBI at that period of. time. >> Yeah. And you've retired since what, five years ago? >> Yes. During that time period, has it. changed in terms of that policy with the. FBI? >> During the time period that I've that. I've been retired, >> right? No. Up until the time that you. retired, has has the policy changed? >> The standard procedure is no, not to. record. >> Right. And so, as a result of that, any. recording that's done is typically not. what the FBI does, right? You still.

focus on pen to paper recollection onto. a 302. >> Yes. >> Okay. Um, and so in terms of how you do. it, the 302s that we read or at least. saw put into the record is the work that. you recall, your partner recalls during. the course of an investigation. >> of that event. Yes. >> Okay. Now, in terms of the. um. task force here, are you uh we talked a.

little bit about the task force project. safe street. Is that what it was? >> Yes. >> Yes. Um can you tell the jury a little. bit of what that project was about? >> The Safe Streets Task Force. >> Yes. >> Uh so it's a. compilation of multi- agencies uh. directed to address uh gang activity. within specific areas. So the safe. streets task force initiative is a. national initiative. Uh but then there.

are fund fundings and directives that. are sent to specific areas to address. areas of high crime committed by gang. activity. >> Okay. And I would imagine gang activity. would include violent crimes. >> Correct. >> As well as say in this case drug. dealing. >> Drug crime. Yes. >> As long as it's associated with gangs. >> Yes. Primarily. So yeah, >> because of course you do have the DEA. that also runs their own investigations. as well. DEA, ATF. Yeah, we work with.

them. >> Now, in terms of your about this task. force, can you tell us at the time when. you were operating on who was on the. task force? >> Oh, I mean there were several agencies. in terms of specific agencies. Um, >> well, just in terms of your working with. other people, can you do you recall at. all who it was that was working on the. task force with you at that time? Well, there were members of Los Angeles PD. We've had uh believe there was ATF. Uh.

so, so there was multiple aspects of the. task force. So, different squads had. different elements working depending on. what cities they were in. So we would. have uh Inkwood PD, Compton PDS, LA. County Sheriff's, LAPD, DEA, ATF. Uh I. almost I believe we even had postal.

inspectors that might be involved. Um. there just a myriad of different. agencies. >> Sure. Can you tell us who from the. Compton Police Department was part of. your task force? >> Our specific task force, the squad that. I was on, Mr. holiday. We did not have. an element from Kipedia. >> Why was that? >> Because we were working in an area that. was uh in Watts in in South Central Los. Angeles. So, we had LAPD elements, LA. County Sheriff. >> So, one of the things that we saw today.

was that one of the individuals um that. potentially was somebody of uh interest, I would imagine, to you, was a police. officer from Compton by the name of uh. Reggie Wright Jr. Well, he was a former police officer. There was Reggie Wright senior who was. his father. >> Okay. So, your work in Englewood and. this other area. I would assume that. that information with regards to Reggie. Wright Jr. would have been sent to. whoever it is that was working that. particular area of LA.

>> of Compton. There was a different squad. that would work in Compton. >> Can you tell us who that squad was? >> What do you uh. >> who was in that squad? the the agents or. uh to be honest I don't well I mean some. of the agents I I recall. >> do you know who who that you can recall. that was there. >> um. at that specific time uh I'm not.

there was an agent Elliott. uh. >> Mike Elliott Michael Elliott. >> He worked down there. Yes. >> And. >> and I don't want to I don't want to. strain you a little bit here. >> Yeah. I mean it's Yeah. [clears throat]. >> So and. for clarification because over that time. period agents will change squads and. things of that nature. Like I left the.

gang task force in 2003. and squads would move to change. objectives. So who was working at that. specific time? It might have there may. have been somebody at one period and. then it changed or whatever over the. course of time. >> And would it be fair to say of course. it's something like this if you really. need this information you would have. referred to a 302 you know to refresh. your recollection if you have. >> Okay. >> Uh now in addition to that though you're. um in terms of your role here there was.

a proper session that was conducted with. my client with Mr. Davis. >> Yes. And that proper uh was set for July. 16th, 1998. That's the uh exhibit uh I don't know. I. think it's that one right there. That's. correct. Up in the top right hand. corner, do you see the date? >> Uh that was the date of the report, >> right? So it' be dated. >> It was actually July 14th. >> Oh, July. Okay. So even though the date. says 16th on this, it would be the 14th. >> Yes. Well, so there's a little bit like.

Yeah. the the data the 16th is the date. of the report down at the bottom where. it says 71498 that's a date of the. actual activity. >> Okay. And you were meeting with Mr. Davis and specifically you're meeting. with him in terms of uh under the task. force which was gangs and whatever. they're doing that's crime related to. gangs. Is that what we were doing at. this point under the safe street uh task. force?

>> Okay. And so when you meet meet with Mr. Davis, there was a a an understanding at. that particular point that hey, whatever. you're going to tell us, we're not going. to prosecute you for. Is that what was. happening on that date? >> Under the proper agreement. Yes. >> Okay. And that proper agreement of. course does require the approval of the. United States attorney's office that. would be responsible for that area, right? >> Yes. >> And in this case, uh that person would. have been assistant United States. attorney Michael Terrell. >> Correct. >> Was he present for that meeting? >> Yes, he was.

>> Okay. So, it's you, your partner, another FBI agent, as well as special. agent Michael Terrell. >> Assistant United States Attorney Mike, >> I'm sorry, Assistant United States. Attorney Michael Terrell. And in that. meeting, there was an understanding. between Mr. Davis and his attorney that. whatever was going to be said was not. going to be used against them. >> Uh, unless he came out and testified and. said something that was contradictory to. what he said in the proper room. Yes.

[clears throat] Sure. Now, once again, we're talking about the federal. government here, right? So, do you have. was there an actual proper that was. signed by the parties indicating the. understanding that you're telling us. right now in terms of what was the terms. in the of the agreement? >> My recollection is that there is, but. that's maintained by the United States. Attorney's Office. >> Okay. And since we're talking about that. particular property here today, fair to. say that would be relevant information.

that we should be considering. >> Objection to the form of the question. Calls for a legal conclusion. >> Okay. Sustained if you would rephrase. >> So I want to make sure I'm clear here. We are talking about a proper. You're. telling us that there is an actual. writing, a contract of some sort between. yourself and Mr. Davis with regards to. that proper. Do you have a copy of it. here today? the that's not between myself and Mr. Davis. It was between Mr. Davis and the. United States Attorney's Office. >> Okay. Um and once again, do you have a.

copy of that here today? >> No, I do not. >> Now, in terms of um your understanding. of this agreement, Mr. David Davis gives an agreement and. in the agreement, I'm assuming the idea. behind it is that he has to give you. truthful information, right? >> Correct. And if there's no truthful. information, then he's exposing himself. to a potential crime in which he's now. freely admitted to it. Right? >> I'm not sure I understand the question.

you're asking. >> Here, I don't want to break it down for. myself because maybe I don't understand. So, a proper agreement promises. the person that you're interviewing that. we're not going to prosecute you for. what you're telling us, >> right? If the person's lying and you catch them. lying, then technically the profiter. doesn't count anymore because they. violated their terms of the agreement. Is that how that goes? if they like during the agreement.

>> during the. >> or during the proper session. >> So. >> that doesn't necessarily uh uh. the the benefit is for consideration for. plea bargaining and sentencing. consideration. So if the individual who is being. interviewed during the proper session is. shows a lack of cander, lies and things.

of that nature, then the consideration. for a plea bargain, plea agreement, will that will be considered by the. United States Attorney's Office and what. they will offer to that defendant. As far as [clears throat]. using it against them, I still the. proper agreement terms as far as using. that information against them in that. case and chief on that charge, we would. still not use it. Does that make sense?

>> Sure. I I just want to make sure it. makes sense to. >> Right. Okay. So the so one of the things. about the profer agreement is it's as I. said earlier was to set up a or it's the. beginning of a sort of plea negotiation. period. So we go to Mr. Davis, we say, "You come in, you tell us the truth. We. won't use it against you in this case or. whatever, regardless what you say, and. the United States Attorney's Office will. take that information, determine how.

useful, how valuable it is. For example, not in this case, not. necessarily in this case. We've had. individuals who provide information, and. then they actually go on to become. cooperating witnesses for us. they're. willing to testify in case against other. codefendants and things of that nature. All of that gets utilized in determining. the sentencing for that person and for. reducing their their sentence in that on. that federal charge. as you're suggesting. If an individual.

comes in and they're not truthful, they. are. providing us information that we know is. factually inaccurate based on our other. investigation, surveillance, wire taps, and things of that nature and statements. from other witnesses. We would report that to the United. States, United States Attorney's Office, and they [clears throat] would take that. as far as the sentencing that they would. offer for the plea agreement. they would. say, "Well, your your client is hasn't. been forthright and cander. We're not.

going to reduce it at all.". >> Did you do that in this case? Was there. any recommendation from you or your. partner back to the United States. attorney uh office and specifically to a. USA Michael Terrell that said, "Hey, Mr. Davis is not being forthright and uh. truthful with regards to his July 14th, 1998 statement.". I I did not specifically do that. Whether or not Mr. Holiday did, I'm not. aware. Um,

>> now let me ask you this then. So, he. gives a statement and I want to make. sure we're clear. You listen to what Mr. Davis says. Did you ever verify. the information in here specifically. about. allegations of uh, Tupac Shakur's. murder? verify in terms of what. >> well for instance um in the document. that would have been the um year 302.

that's dated as of se or July 14th 1998. uh there's an indication here for. instance that uh at the Las Vegas casino. Davis Anderson Davis's girlfriend and. Anderson's girlfriend walked or went up. to their hotel room at the Excalibur. Casino now once again this is 1998 date. the death of Tupac Shakur was in. September of 1996, >> right? >> Did you ever verify that information. with Las Vegas to see if either um and.

in this case the what the 302 indicates. is that the room was in Anderson's name. Did you verify that to be true? >> I did not specifically know. >> Okay. And then with regards to the way. in which he describes meaning Mr. Davis, how they got to Las Vegas, he says in. here that they drove to Las Vegas in a. Land Cruiser. any particular reason? Um. I mean did he have a Land Cruiser? Do. you Was there any verification of that. information? >> I did not verify that. >> Now in addition to that um he indicated.

that Corey Edwards, Kevin Davis, Terry. Brown and uh Big Dre or aka Big Dre, I'm. sorry, Big Dre and Win had also traveled. to Las Vegas. Did you ever verify if any. of those individuals went to Las Vegas? >> No, I did not. and that and whether or. not they stayed at the MGM casino. >> No, I did not. >> Okay. So, once again, for the jury's. edification, shooting takes place in September of. 1996. You're getting this information. from Mr. Davis on July 1998,

>> right? >> Yes. >> About a year and you know, >> eight months, nine months, something. like that. Now, in addition to that, he had made. mention at least with that first. interview that he believed that Compton. police officers had been the one ones to. have committed that particular act, the. crime in Las Vegas in terms of the. shooting of Tupacer. >> Mhm. >> Is that a yes? >> Yes. And and once again, that's just for.

[clears throat]. >> and with regards to that though, sir, did you ever look into the possibility. that Compton police officers may have. been involved in the shooting of Tupac. Shakur? >> I did not specifically know. >> Okay. And when you say I did not. specifically, do you have any personal. knowledge as to who and the FBI was. responsible for following up with that. information? >> I was I'm aware that there were numerous. investigations going on. There was uh. Las Vegas PD had an investigation. There.

were uh Compton PD, LAPD. There were. numerous elements of investigation going. on regarding the murder of Tupac Shapur. U regarding Mr. Davis, our squad and. what we were investigating regarding the. gang activity and the drug trafficking. and the charge that he was on. Uh I did. not spec I was not specifically tasked. to follow up and track that down. uh who. did uh I'm not aware of. >> Now fair to say though of course if you.

are become aware of a crime like that. you would report the information that. you have to whoever the responsible. investigative agency would be. Right. >> Correct. >> You're not just going to hold on to that. information and just keep it to. yourself. >> Correct. >> Or ignore it. >> Correct. >> So in this case for instance, you share. with us that there were wire caps that. were being done of Mr. Davis's phone. during the time period that you were. investigating. You recall that when I'm. questioning? >> Yes. >> Now, wiretap is not the same as a uh pen.

register, right? >> Correct. >> And just for the ladies and gentlemen of. the jury, pen register is just numbers. that you just uh that you keep recording. in terms of what number is calling out, what number is being received. >> Correct. >> And then in actual wiretap is when you. listen to phone calls where people are. talking on the phone without you without. you telling them that you're doing so. >> Right. >> Correct. So, with regards to the. information that you received and the. phone calls that you had, were there any. phone calls at all in which this guy. over here, Mr. Davis, somehow admitted.

or said anything along along the lines. of that he was either involved in the. murder of Tupac or that he was even in. Las Vegas on the day it happened. >> So, the first part of the question, no, that would be no, there was nothing. Regarding the second part, uh, being in. Las Vegas,

I believe. my my recollection is that there was. conversation about being in Vegas and. coming back to Vegas after the incident. Uh, the mur the incident being the. murder of Tupac Shakur, but that was it. >> Okay. And once again, I I don't want to. put any real pressure [clears throat] on. you. This is 30 years ago. >> Right. Right. Right. >> So in terms of that kind of information. that would have been at least given to. somebody that would have been interested. in knowing whether or not you know. Dwayne Davis was in Las Vegas at the.

time of the shooting of Tupac. Fair. >> Yes. >> And as far as you can recall without. looking at any notes to refresh your. recollection here that was never done. >> Uh. can you repeat that? >> Sure. Um, did you you personally ever make any. calls to either. Las Vegas Metro, LAPD, or Compton PD specifically about, hey, there's information here that Kei.

was in Las Vegas at the time of the. shooting. Was there anything like that? >> So, you asked the question and then you. said something, then you asked a. different that could you please. >> is that the FBI uh answer to the. question? I'm just I'm just. >> Let me break it up. Let me break it up. Did you ever make any calls to Las Vegas. Metropolitan Police to say, "Hey, we've. got some information here that Dwayne. Davis No. Did you ever make any calls.

specifically to LAPD to say, "Hey, I've. got this guy on the phone or he's making. some u discussions here that he was in. Las Vegas at the time of the shooting of. Tupac Rakur.". >> No, I didn't make any comments with. that. Uh, and then I'm assuming with. regards to Compton PD, did you ever call. Compton to talk to somebody like I don't. know, Reggie Wright senior, the gang guy. over there, to say, "Hey, by the way, one of the guys from your community is. saying that he was in Las Vegas at the. time of the shooting of Tupac Shakur.".

>> No, I did not. >> And I appreciate you breaking that down. because I didn't want the jury as well. to be confused. [clears throat]. Now, in addition to that, you had made mention. about the type of volume here or what. the um type of volume that uh Mr. Davis. was moving in terms of drugs. I I want. to make sure I'm clear what kind of. drugs are we talking about? >> Cocaine. >> Okay. And can you tell us just in volume. what kind of volume that Mr. Davis was.

moving at that time? I can't I would be total speculation. based off of what was said in his. statements to us. >> Yeah. >> I mean there was one where he said. something I believe to the effect of. like 70 kilos at one time or that he was. fronted large amount. I'd have to look. May I refer back to the report? >> Sure. >> [clears throat].

>> I know there's one for 60 g uh 60 kilos. I'm just want to make sure the jury. understands. >> Oh, I'm sorry. Primo. Yeah, Primo Fine. Davis. 200 kilos at one time. >> So, fairly large scale. Did you ever. prove was that ever proven to be true? >> That he received that co that quantity. of cocaine at that time? >> Yeah, sure. I mean, confidential. informants show up on scene. Undercover.

police officers are there. >> No, sir. >> Anything like that? >> No. >> So, it's literally what he's just. telling you, right, in your 302 for this. particular time, >> but no verification whether or not that. was true or not. >> regarding that specific transaction? No. >> Sure. Or let me make sure I'm clear. here. um that specific transaction of. 200 kilos is what we're talking about. >> Yes. >> Okay. >> Did you ever see or um have any. understanding whether he was moving 300. kilos of cocaine every month as a drug. dealer?

>> Did I. >> Did you ever get any information. indicating that he was moving 300. kilograms of cocaine every month? >> I did not have that kind of specific. information though. Now, in terms of uh Reggie Wright Jr., was there I would assume that because.

it's not part of your area, did you. refer that information to whoever it is. that was part of the task force that. would have covered the Compton area? Uh that would be most likely. Yes. >> Okay. And in terms of the Compton Police. Department, fair to say that at some. point they actually disbanded over um. they they were shut down. >> Yes, that that's accurate. >> And that would have been at what what. year? >> I don't remember specifically. It was. somewhere in the late 90s, I believe, or. early early 2000 period.

>> Okay. And uh why did they get disbanded? >> I don't know these specifics. Uh I know. there was numerous. uh allegations of corruption and such. and things like that in the department, organizational structural problem. deficiencies. >> May I have a brief moment? >> Yeah.

So, um, you shared a little bit about. the the next time that you meet Mr. Davis, and that was at the prison, >> correct? >> And it's you and your partner still, uh, special agent Holiday. >> Yes. >> And, uh, you go to that meeting and he's. sitting down to have a conversation with. you, >> right, >> Mr. Davis? Yes. >> Yeah. Um, and I want to make sure I'm.

clear. How much did you actually arrest. him with in terms of the cocaine that he. had? I mean, I'm assuming at some point. he gets caught with cocaine, right? >> That's incorrect. No. >> Okay. So, what happens? >> So, are you specific the the specific. case that we had him charged with? >> Yes. >> And arrested. Uh, actually, no. He was. not caught with any actual coach Kane. We intercepted conversations between him. and another individual where they. discussed a transaction. uh before the price quantity and then.

there were discussions after uh the. delivery uh and then there was even. discussion what kind of prompted more of. the discussion there was they the two. individuals had Mr. Davis and the other. individual had a discrepancy over the. the quantity the actual volume of the. amount of cocaine. >> Okay. And outside of that, um, nothing. nothing to your recollection that was. more specific about anything to do with. the cocaine. He never actually got.

caught with it. He was just having. conversations about it. >> Yes, that's correct. >> Now, in addition to that, uh, when. you're part of the task force, you you. are looking for potential issues with. regards to violence. Is that correct? >> Yes. Uh, and in this particular case, had you ever come across any information. in your in your wire taps or anything. like that of Mr. Davis putting out a hit. on someone or greenlighting some type of. violent act to be caused against. somebody? >> Uh, no.

>> No. And that would have been part of. your it would have been maybe an. enhancement under the sentencing. guidelines in [clears throat] terms of. uh if you're looking at increasing his. amount of time is that hey he's also. doing something in furtherance of uh you. know his. >> violent activity and things of that. nature we would definitely be looking. for. Yes. >> Right. And in this particular case uh. you don't have any proof of that at all. No facts to that. >> of him being violent. >> Yeah. >> that's correct. Now, there's a discussion here that. Darnell Brim.

was identified as potentially the leader. of the of the um. Southside Crips. You recall that it. should be at the end of the second 302. that you have? >> Yes. >> Now, in in terms of that, did you ever. verify that information as to whether or. not um Mr. Davis was lying or not about. that? >> Uh no, I did not personally verify that. And so as of this particular moment, as. you're sitting here right now, do you. have any facts at all that establishes.

that Mr. Davis was a shot caller or the. leader of the Southside Crips? >> Could you repeat that way? >> Meaning, do you have any facts? Do you. have something that says he said on the. phone um you know, I don't know what. they do? They they attended a meeting. I. mean, you know, it's like. >> No. So, okay. So, I mean, with these. gang organizations, there's not like. membership cards and things of that. nature. It's not like you, you know, they've got a organized org chart of who.

is the president, vice president, and. this and that nature. For the most part, um, a lot of times it is just word on. the street, who runs [clears throat]. this area, who runs this area, who's in. charge. And it was the way we assessed. that uh, Mr. Davis was one of the. leaders of the Southside Compton Croos. was a totality of information we've. received from numerous informants, witness statements and things of that. nature and things that. >> I'm sorry to interrupt. Go ahead. You.

got. >> Yeah. >> Yeah. And I would imagine that because. Mr. Davis was a a drug dealer that, you. know, the money that he was bringing in. was probably the reason why he was, you. know, considered to be a leader in the. Southside Crips. >> because of the money that he was. bringing in. >> Well, I mean, the drugs, right? I mean, that's. >> the volume of drugs. Yeah. I mean, I. mean, the leader the guys who are moving. the most weight, the the high volume. drug sales are going to be the generally.

speaking the leaders, >> right? They're the ones that the other. guys are going to go to to get their. quantities and things like that for. sales. >> Sure. And and in this particular case, that's the presumption, right? Is. because Mr. Davis was a drug dealer, he. would be considered with some status. within the Southside Crips. >> Well, I wouldn't call it a presumption. Again, it's a totality of statements. from other individuals and information. that we got. I mean, it wasn't the fact. that he was a drug dealer that all of a. sudden alerted us and said, "He must be. a highle Southside content prince." It.

was a totality of information from our. um our investigation. >> Sure. Now, um the word presumption, what. does that mean, by the way? >> Presumption that you you you presume you. you're making an assumption, >> but it's a little bit better than that, right? Is it the idea there are some. facts that support whatever it is that. you you are throwing out there as the. >> that can be the case? Yes. >> Now, in this particular regard, you talk. a little bit about the Lakewood incident.

right there. It's in your report, I. think. Um and I want to make sure on. your 302. Uh this would be. and um sir if you run across it before I. do. This would be uh page. four of your 302 the date 71498. Do you see where I'm at? It would be.

maybe the third uh the one two three. fourth paragraph down. >> the lake would are you referring to at. the mall? >> Yes, sir. >> Okay. I'm sorry. Yeah, >> that's right. >> Okay. >> In terms of your presumption, the idea. of the presumption. Um you're telling us. that there is some facts that help, you. know, you to have that presumption, right? Some facts. Can you tell us what. facts you have to support that there was.

even a Lakewood incident that occurred? >> I'm sorry. You're asking what facts? >> Sure. >> Well, we have several witness. statements. >> Okay. So, you have several witness. statements. Um you are aware that those. allegedly and according to what you. write yourself um this was a couple. weeks before the murder of Tupac Shakur. Marcus who lived at the southside cry. neighborhood was in a mall by himself. A.

number of blood street gang members. attacked Marcus and then began eating. him. Orlando Anderson and 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. 302 right. >> that's recruitment. 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 fair and fairness to you, sir,

Lakewood Mall in that area is governed. by a police department. I don't Is it. Compton or is it the next one over? I'm. not sure. >> Yeah, it wouldn't have been Compton. >> Okay. So, who was the next one? Did you. ever any point reach out to that police. uh department to say hey can you get us. the information on this so we can verify. it before we put it into our 302 that. the you know couple of weeks before the. murder of Tupac occurred there was a. beating that took place that. >> okay so um your statement regarding.

doing it before we put in the 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 upon that. >> Sure. But the state has now introduced. this document in as an exhibit for the. jury to consider. You're [clears throat]. telling us that you can't verify the. information in it? >> I'm telling you what Mr. Davis told us. >> Okay. But you cannot verify that. information. You're telling us right now.

you didn't verify the information that. he told you. >> I didn't verify that specific event. >> Okay. Do you know if your uh partner did? >> I'm not sure. if you're referring to Mr. Holiday. >> Yes, sir. >> Yeah. I'm not sure. I don't I don't want. to speculate yes or no. >> No. And I and I and I appreciate you. doing that. I don't want you to do that.

either. Okay. Now, Mr. Davis is in prison during. this time at some point um in the. future. You had mentioned that he was in. there uh April is it April 20th, 1999, something like that. >> During the second inter. >> right now, did you at any point ever. look at his um you know while he was in. there, how he was doing, anything like. that, any writeups he might have had. while he was in there, anything like. that. >> from the penitentiary?

>> Yeah. >> No, I did not. And then finally, um, just one final. thing here. There was some mention in your 302 and I. I I apologize for bouncing you back, but. I'm taking you back to the July 14th, 1998 302, but in that 302, um there was. an allegation or at least some. information that you've documented in.

that. that [snorts] stated that Reggie Wright. Jr. uh was dealing drugs out of a auto. shop called the Untouchables auto shop. owned by Melvin Herd. You recall that? That's actually on the top of page four. >> Yes. >> Do you know why that's important and why. you included that in your 302? >> Well, activity regarding Reggie Wright. Jr., Reight Senior, these individuals in. Compton, things like that would have.

been important. They would have been. documented. Um, Mr. Davis provided us. that information. So again, this is also. information that would be utilized for. pass, you know, for consideration by the. US attorney's office and things like. that. So all of the information was. important. >> I have no further questions, Joner. Thank you, sir. I appreciate. >> any of these direct M. >> just briefly, you have both of those. >> Yes. >> So let's start with the July 14th 98.

one. Um, it specifically says in the. first paragraph, also, it was understood. that the information provided by Davis. during the interview would not be used. by the FBI in a way which would disclose. to individuals outside the FBI that the. information came from Davis. >> Correct. So. other FBI personnel may have learned. about this, but certainly you wouldn't. be calling Las Vegas Metropolitan Police.

Department and telling them, "Hey, guess. what Dwayne Davis just told me?". >> That's correct. >> Um, >> yeah, there was a there's uh there's a. confidentiality portion of the profer. agreement that that this is. we it's offered in a way to elicit. information. It's saying, "Hey, what you. tell us here is not going to be told to. anybody." uh you know and we won't. divulge that you're the one providing. this information and things of that. nature. >> And you're there talking to him in your.

case is about a drug case. It's not. about Tupac Shakur. That just happens to. be a subject that comes up in the. conversation. >> That's correct. >> It's not your responsibil Well, let me. ask you this. Tupac Shakur is killed in. the state of Nevada, the county of. Clark. Who prosecutes murder cases. usually uh for street level shootings in. uh Clark County? >> That would be like Las Vegas Metro PD, the you know DA's office here in Las. Vegas, >> the state of Nevada. It's not a federal. crime to commit a murder in Las Vegas in.

most situations. >> That's correct. Um, and so you're just. gathering this information and you did. what you promised, which was keep it. confidential until such time as you were. authorized by the US attorney to talk. about it. >> The only other thing I want to ask you. about is um, Mr. Sam. kind of there is a difference between. profer and immunity. Is that correct?

>> That is correct. >> What Mr. Davis was telling you, you. wouldn't use against him. Correct. >> Correct. >> There wasn't any sort of immunity for. any crimes that he disclosed. You just. couldn't use the statements that he made. to you to prosecute him for those. particular crimes. >> That's correct. >> And that was an agreement between the. United States Attorney's Office and Mr. Davis. >> That's correct. At no point in here did.

the state of Nevada, the Clark County. District Attorney's Office, or any uh. agency other than the US Attorney's. Office make an agreement with Mr. Davis. about these 302s? >> That's correct. >> Nothing further. >> Any frost based on that, Mr. Sam? >> I'm sorry. What was that last question? I I'm trying to figure that. So, you're. you're telling us you're giving us. information right now about your. knowledge of what the other law. enforcement agencies had agreements on.

or not. >> How do you know that? [snorts]. >> I didn't give that information. I didn't. say that. >> So, you're when you can we repeat that. last question? >> We we don't have. >> All right. Capability. We can pause and. show you. >> No, that's right. I just want to get to. the point. What What Mr. Joff just asked. you was that you know there were you. there were no other agreements with. regard to your agreement. Your agreement. was the sole agreement between yourself. and Mr. Davis or FBI and Mr. Davis and.

no other. >> United States Attorney's Office and Mr. Davis. >> I apologize. The United States. Attorney's Office and Mr. Davis and no. other entity. Right. I think that's how. it was put. >> Yes. >> Right. >> Yes. >> Um you don't know that though. >> Did you when you What what. >> the same stricken you can ask a. question. >> You are not aware of any agreements.

between uh with other agencies because. you just don't know. You are just here. on behalf of the federal government and. the FBI. Right. With regard to the interview that I. myself and Todd Holidayiday conducted, right, Mr. Davis on July 14th, 1998, the agreement was between the United. States Attorney's Office with the FBI. there and Mr. Davis. Nobody else was.

party to that. >> Even though this was a joint task force, this was part of. >> No, it was a joint task force. It was. the United States Attorney's Office, the. FBI, Mr. Davis. >> Okay. and and with regards to that task. force um even though other government. agencies were potentially involved in. the task force they weren't involved. with regards to this agreement. the profer. >> mean they weren't part of the profer is. what you're saying even though it's part. of a task force. >> correct. >> okay no further question thank you.

>> anything further Mr. Ladies and gentlemen, the jury, any. questions for this witness? >> We do have some.

All right, a couple questions from our. juris. If the proper information was. never followed up on, what was the. motivation behind the interview in uh. jail or prison? >> Oh, you want go ahead and ask? >> Yes. >> I They have these questions. I'm asking.

you to answer that. >> Okay. So the motivation behind the. interview in the the subsequent. interview in 99 uh we were following up. on other investigation. Uh the because. when you go through the 302 you see we. asked about several individuals. We. actually showed him pictures of other. individuals. Uh a lot of times what. we'll do is we were going back because. he was cooperative and and open before.

uh we were tempted to see he would. verify other individuals perhaps. identities and things of that nature of. other investigative activity uh. regarding gang activity in in the area. >> Okay. Um and then did anyone with the. FBI verify information given by Davis in. the proper. I mean the total regarding the totality. of the there were some there were there. there was quite a bit of information uh.

when we asked about certain individuals. and things that he said that we already. knew. So because. he provided information during the. proper session uh there wasn't a need to. necessarily go back and verify because. we already we had an idea about the. answer to the question. sort of like you. ask a question that you know the answer. to. That's how you know if somebody's. lying. You start off with that things. like that, simple things, and then you. kind of work your way in to other. information. So, there was a lot of.

information that we already had other. corroborated information on. So, when. he's providing that information, we have. a general idea whether or not he's being. open and cander and truthful based off. of other investigation, whether it's. surveillance, wire taps, witness. statements, and things of that nature. And you might have already answered. this, but that's the second part of the. question, so I'm going to ask it. Um, what information was followed up on by. the FBI that was given in Davis's. profer, if you're able to disclose it?

>> What other what other. >> what information was followed up was. followed up on by the FBI that was given. in Davis's profer that you're able to. disclose? >> So, I mean, it's been 30 years. It'd be. very difficult for me to follow up on. every single aspect. Again, a lot of the. information because it's historical. some of these things that he's talking. about went back several years prior to. into the early 90s period. So he's. talking about you know drug prior drug. transactions and things of that nature. is very difficult or almost impossible.

to truly verify those types of things. other things that he talked about for. example like recordings that were played. or photos that he was showing shown of. individuals where he identified and said. this is so and so that's corroborates. what you know individuals that we know. and things of that nature. So there were. things that were done. Was there a. specific checklist, a task tasking list. that was put out after that interview, the proper interview to go out and say. go verify? That's really not the way we.

operate. Usually these files have. hundreds of documents in them over the. course of an investigation. Uh there's, you know, hours and hours, how countless. hours of wire taps and things of that. nature. So, we've got a very voluminous. amount of information to go back and. check and things that that along the. way. So, at this point, he was already. uh indicted, arrested, and basically. going towards either trial or. sentencing. uh the profer agreement. really was an opportunity for him to. help himself on sentencing and then for.

us to maybe you know if he continued. wanted to cooperate and things like that. to possibly open up further avenues of. investigation for other individuals who. weren't in custody or that were still. under investigation. >> All right, Mr. Dejac, any follow up. based on those answers and those. questions? >> Mr. Sam, >> no you are. >> Okay. All right. [laughter].

>> You are free to go. Thank you so much. Sorry. >> Just leave them right there. Mr. Jackmo. will pick them up. >> I'll grab them from you. >> Are those our exhibits? >> Yeah. >> Okay. >> Yeah. For for sure. >> All right. Statement. Call our next. witness. Before we do that, Sure. All.

right. At this time, we are going to. take a restroom break for 15 minutes. During this recess, you are admonished. not to talk or converse amongst. yourselves. Anyone else on any subjects. granted to the trial or read, watch or. listen to any reporter for commentary on. the trial of any person connected with. this case by any medium of information, including without limitation, newspaper, television, internet, and radio or form. express any opinion on any subject. connected to the trial until it is the. case is submitted to you. We'll have you.

guys back here at 3:15. Please rise for. the jury.

For the record, the jury executive room. will be in recess. Thank you.