LAS VEGAS (FOX5) — A Las Vegas judge denied two motions from Duane Davis’ attorneys on sequestering the jury and suppressing evidence in the upcoming Tupac Shakur murder trial.
The ruling came during a Tuesday hearing in which defense attorney Michael Sanft argued Davis’ statements to police in 2008 and 2009 were made involuntarily.
“People were telling my client this isn’t a big deal, we are just getting information,” Sanft said. “We believe the statements made at the time are involuntary.”
Sanft claimed Davis was placed in a position where he feared for himself and his family. “They got Mr. Davis in a position that he was afraid for himself and his family,” he said. “We have an individual who gave an involuntary confession — that’s why we are asking the court to suppress the 2008 and 2009 interviews and the book.”
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The state argued Davis’ book is central to its case. “Had Mr. Davis never opened his mouth, never written the book, he would probably not have been prosecuted for the crime,” a prosecutor said. “Everything in there is admissible because he chose to release it to the public and profit off it.”
The judge ruled from the bench, saying there was “really no question” about the book. “I find it admissible,” the judge said. “Mr. Davis got the manuscript and made no edits. I find there is no legal argument to exclude the book.”
She added that she did not find the police statements to have been made involuntarily. The motion was denied.
The judge also denied full sequestration of the jury, approving only partial sequestration. Details regarding shielding jurors from media coverage, including the use of back elevators, are still being worked out. The judge said she expects a large jury pool due to the publicity surrounding the case.
Additionally, she granted the state’s request to use gang affiliation language at trial.
A final status hearing is set for July 14. Trial remains scheduled for Aug. 10.
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