Tory Lanez, Lil Durk & Menendez brothers court | Young Thug & Diddy case updates
Megan Thee Stallion’s lawyer says the gun Tory Lanez used to shoot her in 2020 is with the Los Angeles Police Department and available for DNA testing, despite his lawyers claiming otherwise in a new appellate filing.
Alex Spiro said he confirmed the gun is not missing after he read an appellate petition from Lanez’s lawyers that says prosecutors’ “failure to produce and preserve evidence” means his 10-year prison sentence should be vacated.
Both the gun and its ammunition magazine are “there and available,” and any statement otherwise is false, Spiro said in an interview on Monday.
A petition filed last week with California’s 2nd District Court of Appeal says Lanez, legal name Daystar Peterson, “cannot file any claim of innocence, as he is unable to conduct further testing since the firearm and bullet fragments are missing.”
“By failing to preserve the material and exculpatory evidence, the People have infringed on the Petitioner’s right under the First and Fourteenth Amendments to seek redress of Petitioner’s grievances through the judicial process,” according to the filing from Crystal Morgan and Michael Hayden, attorneys for the nonprofit legal services group Unite the People, for which Lanez is a donor and board member.
The bullet fragments that doctors removed from Megan’s feet weren’t evidence in trial, but an assistant surgeon testified about operating on Megan. Prosecutors didn’t bring the firearm to court, but jurors saw photographs of it.
Lanez’s own DNA expert testified to the same results as the prosecution’s expert, which was that Lanez could neither be included or excluded as a contributor to DNA on the gun, and he was excluded as a contributor to DNA on the gun’s magazine. Lanez’s expert supported the testimony but added he would expect anyone who fired a gun five times to leave clearly identifiable DNA behind.
One person contributed 90 percent of the DNA sample from the gun, which provided enough for a Los Angeles police criminologist to determine the person must be a male. It also was enough to compare it with Lanez’s DNA sample and exclude him as the male who contributed that specific DNA.
But the three other discernible types of DNA accounted for just 5 percent, 3 percent and 2 percent of the sample, so the criminologist testified he couldn’t determine the gender of the contributors, nor was there enough to compare with Lanez’s DNA sample. Thus, it’s impossible to determine if Lanez was or wasn’t a contributor to either of the three.
Investigators never took a DNA sample from Harris or Lanez’s driver, Jauquan Smith.
Lanez’s trial defense, however, argued Harris was the shooter, not Smith, who never testified. Based on the DNA sample on the gun, Harris would be excluded from the male DNA that accounted for 90 percent of the profile and likely would be in the same situation as Lanez regarding the other three profiles of 5 percent, 3 percent and 2 percent: Neither included or excluded.
Lanez has alleged that DNA evidence played a key role in his convictions, but during trial, Los Angeles County Deputy District Attorney Alexander Bott characterized the evidence against Lanez as “a bucket of evidence” and he specifically “stated that he was not using the DNA results as evidence in that bucket.”
The appellate court said Friday it will consider the petition with Lanez’s main appeal and another petition about a post-trial declaration from his driver. They told the California Attorney General’s Office, which defends state criminal convictions on appeal, to reply by Nov. 20.
After the order was filed, Unite the People posted on Instagram that the appellate court “JUST ‘ACCEPTED TORY LANEZ ACTUAL INNOCENCE CLAIM!”
The inaccurate post led to more misinformation from hip-hop blogs and commentators, and it occurred while Megan was beginning to promote new album.
Spiro said Monday he plans to “take action” against bloggers who continue to spread false information, and he questioned why a nonprofit legal services group such as Unite the People is working on Lanez’s case.
“There are lots of people in jail that need help who tell the truth and who are innocent and deserve to be freed,” said Spiro, a partner at Quinn Emanuel Urquhart & Sullivan, LLP in New York City. “I’d rather they spend their time on that than nonsense like this.”
Morgan could not be reached for comment Monday afternoon.
If the court vacates his sentence, which is unlikely, Lanez will not be released from prison; rather, his case would return to Los Angeles County Superior Court for another sentencing.
The new petition was filed on Oct. 23, after Lanez’s appeal and his other petition had been fully briefed and as they are awaiting action by the appellate court.
It’s unclear why Lanez’s lawyers waited until a year after they filed his opening brief to pursue a finding of actual innocence. But the appellate litigation so far offers a clue about what’s going on, and it goes back to Lanez’s first petition that argues a new statement from his driver who didn’t testify is new evidence that warrants a new trial.
The Attorney General’s Office responded in July that the new statement is not new evidence because Lanez’s lawyer knew about it during trial but still chose not to have the driver testify.
The discussion occurred during a sealed chambers meeting, and Morgan did not know of the statements when she filed her petition alleging the driver’s declaration is new evidence. Deputy Attorney General Michael C. Keller moved to unseal the transcript while preparing his responding brief, which he filed in July.
In her Oct. 21 reply, Morgan said she “inquired into the possibility of Smith” but “was not informed that he had been interviewed regarding said testimony.”
“In the alternative, if the court finds that this evidence does not constitute ‘new evidence’ … Petitioner avers that this was a further example of the ineffective assistance of counsel that Petitioner received, as raised further in his opening brief on direct appeal,” Morgan wrote.
Morgan will have the option of replying to the state’s response to her new petition once it’s filed on Nov. 20. The 2nd District Court of Appeal will then schedule argument.
Court documents:
Oct. 23, 2024: 2nd writ petition
Oct. 23, 2024: Lanez’s reply to state’s response to 1st habeas petition
July 26, 2024: State’s response to Lanez’s 1st habeas petition
Dec. 12, 2023: Lanez’s 1st habeas petition
Previous coverage:
State says Tory Lanez knew how his driver would testify but chose not to call him
Rapper Daystar “Tory Lanez” Peterson knew how his driver would testify in his trial for shooting Megan Thee Stallion and chose not to call him as a witness after his lawyer told a judge the testimony w…
You can find PDFs of all my Twitter threads from the trial here.
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Rapper Lil Durk charged in LA federal court with murder-for-hire in interstate hip-hop feud
Rapper Lil Durk has been arrested on federal murder-for-hire charges for allegedly hiring hitmen to murder a rival at a Los Angeles gas station in 2022 in response to a friend’s murder outside an Atlanta nightclub.
Legal name Durk Banks, the 32-year-old was arrested late Thursday as he arrived at the Miami airport with three international flights scheduled, according to the U.S. Attorney’s Office in Miami.
From a press release issued Friday:
LOS ANGELES – A Grammy Award-winning Chicago rapper has been arrested on a federal criminal complaint alleging he conspired with others to murder a rival rapper, resulting in a shooting and murder that took place at a gas station near the Beverly Center shopping mall in Los Angeles in August 2022 – an attack that resulted in a family member of the rival being shot and killed, the Justice Department announced today.
Durk Banks, 32, a.k.a. “Lil Durk,” was arrested near Miami International Airport late Thursday on a complaint charging him with conspiracy to use interstate facilities to commit murder-for-hire resulting in death.
He made his initial appearance this afternoon in United States District Court for the Southern District of Florida and remains in federal custody. His arraignment is expected to occur in Los Angeles federal court in the coming weeks.
According to the complaint filed Thursday night, Banks is the leader of the Chicago-based rap collective known as “Only the Family” or “OTF.” Law enforcement believes OTF also acts as a group of individuals who engage in violence – including murder and assault – at Banks’ direction and to maintain their status in OTF.
Banks feuded with a victim, identified in court documents as “T.B.” The feud stemmed from a November 6, 2020, murder in which an associate of T.B. shot and killed an OTF rapper named Dayvon Bennett, a.k.a. “King Von.” Bennett and Banks were close friends.
In response to Bennett’s murder, Banks allegedly put a bounty on T.B.’s life.
On August 19, 2022, several OTF members and associates used two vehicles and worked in tandem to track, stalk, and attempt to murder T.B. for hours, culminating in a shooting at a gasoline station located near the Beverly Center mall. The co-conspirators fired at least 18 rounds at T.B.’s vehicle, striking and killing a victim identified in court documents as “S.R.,” who was T.B.’s family member who had been traveling with T.B.
Banks allegedly ordered T.B.’s murder and the hitmen used money from Banks and OTF-related finances to carry out the hit. Bank and flight records show that an OTF member and close associate of Banks coordinated and paid for five co-conspirators to travel from Chicago to California on the day before the murder. Around the time the one-way flights were purchased, Banks told the OTF associate booking the flights, “Don’t book no flights under no names involved wit [sic] me.”
The same day the hitmen traveled from Chicago to California, Banks also traveled to California in a private jet with another conspirator, Kavon London Grant, 28, a.k.a. “Cuz” and “Vonnie.” Later that day, Grant allegedly purchased ski masks for the shooters to use to commit the murder and paid – using a credit card in Banks’ name – for the other co-conspirators’ hotel room.
On Thursday morning, federal and local law enforcement in the Chicago area arrested Grant and four other defendants charged in a four-count federal grand jury indictment alleging their roles in the murder-for-hire plot. After law enforcement made the arrests and executed search warrants in Chicago, the FBI learned that Banks had been booked on three international flights scheduled to leave the United States on Thursday. When banks arrived near one of the departing airports – in Miami, specifically – law enforcement personnel arrested him.
In additional to Grant, the defendants charged in the separate indictment, which a grand jury returned on October 17, are:
Deandre Dontrell Wilson, 33, a.k.a. “DeDe,” of Chicago;
Keith Jones, 33, a.k.a. “Flacka,” of Gary, Indiana;
David Brian Lindsey, 33, a.k.a. “Browneyez,” of Addison, Illinois; and
Asa Houston, 36, a.k.a. “Boogie,” of Chicago.
These four defendants along with Grant are charged with one count of conspiracy, one count of use of interstate facilities to commit murder-for-hire resulting in death, and one count of using, carrying and discharging firearms and a machine gun and possession of such firearms in furtherance of a crime of violence resulting in death. Jones faces and additional count of possession of a machine gun.
These defendants made their initial appearances on Thursday in the Northern District of Illinois and are expected to be arraigned in United States District Court in downtown Los Angeles in the coming weeks.
A complaint and indictment contain allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
If convicted, Banks and the five defendants charged in the separate indictment each would face a statutory maximum sentence of life in federal prison.
The FBI and the Los Angeles Police Department are investigating this matter.
Assistant United States Attorneys Ian V. Yanniello of the General Crimes Section and Daniel H. Weiner of the International Narcotics, Money Laundering, and Racketeering Section are prosecuting this case.
Here’s the complaint against Banks
Here’s the indictment against his codefendants
Durk isn’t in Los Angeles yet, but a fan was outside the federal courthouse on Friday protesting his incarceration. I tried to talk to him, but he didn’t want to say much until Lil Durk’s lawyer speaks.
Florida-based lawyer Bradford Cohen, whose celebrity clients include rapper Kodak Black, wrote on Instagram that he’s “already been in discussions about the case.”
“I have reviewed the indictment and can tell you as it stands in the indictment it’s a very peripheral case. Meaning they haven’t alleged direct conduct, more alleged coded language and certain [overt] acts they are associating with Durk,” Cohen wrote.
Mack Jenkins, chief of the criminal division for the U.S. Attorney’s Office in Los Angeles, said on LinkedIn that the case alleges “the latest in tragic interstate rap blood feuds.”
I’ll be following the case closely and expect to attend Durk’s arraignment in Los Angeles, which probably will be next month.
Young Thug / YSL gang trial continues Tuesday
The judge in the Young Thug / YSL gang racketeering trial in Atlanta, Georgia, appeared ready to declare a mistrial last week if defense attorneys wanted one, but she said it would be without prejudice, meaning there could be a second trial.
The Atlanta Journal-Constitution reports that since then, defense attorneys have been discussing possible plea deals with Fulton County District Attorney Fani Willis. Court was to resume Monday with attorney discussion outside the judge, but it’s now tentatively scheduled to resume Tuesday.
I’ll be streaming on my YouTube channel, where you can find extensive video coverage of the trial. You can read the video descriptions to learn more about what’s going on.
DA wants Menendez brothers released from prison
In a move that made international news last week, Los Angeles County District Attorney’s Office is asking a judge to resentence Erik and Lyle Menendez for the murders of their parents in 1989.
If a judge goes with the recommendation, the brothers will be eligible for parole immediately because of their age when they committed the crimes.
Here is the 57-page motion for resentencing, signed by Nancy A. Theberge, deputy-in-charge of the District Attorney’s Office’s resentencing unit, and Brock Lunsford assistant head deputy of post-conviction and litigation.
I discussed the case on LiveNOW from Fox. One topic: Some allege this is a political move by Los Angeles County District Attorney George Gascón, but does it actually improve his re-election chances?
James Queally and Richard Winton of the Los Angeles Times has a great article about the hurdles ahead, including Gov. Gavin Newsom and the potential election of a new D.A. You can read it here.
Judge in Diddy’s case rejects gag order request but warns attorneys about professional duties
Lawyers for Sean “Diddy” Combs wanted a gag order in his criminal case, and they said last week that a new New York Post article shows the Department of Homeland Security has “an illicit partnership with different press outlets ... to ruin this man’s ability to get a fair trial.”
“There are no videos of people having sex at parties, nor has the Government alleged this as part of the Indictment,” according to the filing, which you can read here. Combs’ lawyers included a PDF of the Post article as an exhibit.
In an order later that day, U.S. District Judge Arun Subramanian said remarks in the article “if made by an agent involved in the investigation or prosecution of this case, are plainly improper.” He didn’t issue the gag order Combs’ lawyers wanted, but he did remind everyone of their professional duties.
Also last week, the 2nd Circuit U.S. Court of Appeals allowed Combs to put his bail appeal on hold while he seeks a new bail hearing in U.S. District Court. His lawyers have not yet filed the new request.
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