With a week to go before the start of Lil Durk’s murder-for-hire trial in Los Angeles, a federal judge ruled Thursday that the rapper’s video and lyrics for his hit single “Pissed Me Off” can be used as evidence.
At a morning hearing, U.S. District Judge
Michael Fitzgerald granted prosecutors’ request to admit the video and lyrics over the objection of Durk’s defense. In their motion, prosecutors argued the song shows Durk’s “resolve to avenge” the death of his friend and protégé, Dayvon “King Von” Bennett.
According to prosecutors, Durk blamed fellow rapper Quando Rondo, born Tyquian Terrel Bowman, for Bennett’s death and was seeking retribution when he allegedly orchestrated a hit on Bowman that instead killed bystander Saviay’a “Lul Pab” Robinson in Los Angeles four years ago. Durk, whose legal name is Durk Banks, denies any involvement in Robinson’s death.
“Pissed Me Off,” released in 2021, was the lead single on Banks’ seventh studio album, 7220. On the track, Banks raps, “Grab a gun if you ain’t with it, put up money for a gun. Put up money for a hot car, put up money for a bond. I don’t see you on the regular, but I see you screamin’, ‘Von.’”
Prosecutors allege the lyrics show Banks’ intent to pay for a firearm and vehicle to retaliate for King Von’s death. But at the Thursday hearing, Banks’ defense lawyer Marissa Goldberg said showing the video at trial could create “so much risk of prejudice and confusion.” She said the song is largely about Banks’ slain older brother, Dontay “DThang” Banks Jr., with its opening lyrics stating, “Long live DThang.”
With Banks watching from the defense table, Goldberg urged the court to exclude the song and video, noting that the judge previously severed recently filed charges accusing Banks of racketeering and involvement in a 2022 Chicago killing. Those charges are set for a later trial. Goldberg said the severed counts involve “some sort of alleged get-back for the murder of Mr. Banks’ brother,” so allowing the video at the upcoming trial would effectively “inject” evidence back into the current proceeding that “the court has already ruled should not come into this case.”
“It’s just inappropriate, and the court has already noted there are areas of danger here,” she argued. She claimed prosecutors misunderstood the song, and it would be difficult to set the record straight simply by cross-examining a government expert.
The judge then asked prosecutors how they intended to introduce the video. They told the judge a cooperating witness somehow involved in the Los Angeles shooting at the center of the case was present when “Pissed Me Off” was filmed and would offer his interpretations of the lyrics and video. The judge then agreed to allow the video at the trial, which is set to start with jury selection on Aug. 20.
“I understand the defense sees [the song] as really an in-memoriam for a number of people who were lost to Mr. Banks, including his own brother, and of course, the defense will be able to bring that out,” Judge Fitzgerald said from the bench. “I will certainly consider an appropriate limiting instruction, if one is suggested, and of course on cross-examination the defense may bring out that many of the references in fact are referring to Mr. Banks’ brother.”
Banks, 33, had pleaded not guilty to conspiracy to commit murder for hire and denies he paid the gunmen who allegedly stalked Bowman and ambushed him at a gas station near the Beverly Center on Aug. 19, 2022. Robinson was traveling with Bowman at the time and was struck in the crossfire of at least 18 rounds fired from multiple weapons, including a machine gun, authorities said.
Judge Fitzgerald previously ruled that lyrics from Banks’ song “Hanging With Wolves” would be barred at the upcoming trial. In the track, Banks raps, “I’m the type to hop on a flight with a warrant, you gotta catch me.” Prosecutors claimed the line bolstered their theory that Banks was attempting to flee the country at the time of his arrest. Banks disputed the claim.
“Particular lyrics [sought] to bolster the government’s argument that there was an intention to flee — which is traditionally viewed as consciousness of guilt — will be excluded because they really are just sheer propensity,” Fitzgerald ruled in February.
Fitzgerald later ruled that other lyrics would be allowed in, including from the song, “Who Want Smoke??” In that track, Banks raps, “They be on my page like ‘Slide for Von’, I know they trollin’ me … Got it back in blood, y’all just don’t know that’s how it ’posed to be.”
In another ruling Thursday, Judge Fitzgerald said that while lawyers in the case will be allowed to see the names of prospective jurors during jury selection, they will not be allowed to share the names with the defendants. Judge Fitzgerald said the proposed three-week trial could begin with opening statements as early as the afternoon of Friday, Aug. 21.
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