Jury Selection Begins in Tupac Shakur's Murder Trial, the Clancy Defense Finally Gets Its Doctors, a Kidney Deadline Runs Out

0:03 Kalaroga Shark Media. Good morning. This is Daily Crime Injustice from Klaroga Shark Media powered by AI. I'm Garrett Fischer. Wednesday, August twelfth, twenty twenty six. Thirty years. That's how long the family of Tupac Shakur waited for somebody to sit in a defendant's chair in a Las Vegas courtroom. He was shot on September seventh, nineteen ninety six, at a red light off the strip. He died six days later. He was twenty five years old, and for twenty seven of those years, nobody was charged with anything, not one person. The case sat cold, while the man prosecutors now say gave the order, went on podcasts, sat for interviews, and published a book about it. That's not a typo. The reason there is a trial happening right now is that the defendant wrote it down and sold it. Jury selection started Monday in Las Vegas. Dwayne Davis, sixty three years old, known as Keffie d faces one count of murder with a deadly weapon with a gang enhancement. He is pleaded not guilty. Prosecutors are not saying he pulled the trigger.

1:12 They're saying he was the shot caller and he handed over the gun. The trial is expected to run about a month, and there is so much public interest that the court set up a seat lottery and an overflow room with a video feed. We covered this case here before, back when Keffie d was just the last living witness who wouldn't stop talking. Today he's a defendant. Also today, Week three continues in Plymouth, Massachusetts, and the Lindsey Clancy defense finally won something significant, and a federal judge on Long Island gave John Gotti's grandson a choice you don't see in a court room. Give your mother your kidney by two o'clock Monday afternoon, or report to prison at two o'clock Monday afternoon. I'm Garrett Fisher. This is Daily Crime and Justice, Plymouth Superior Court. Day ten. Cora Clancy was five, Dawson Clancy was three, Callan Clancy was an infant.

2:09 They were strangled in the basement of their Duxbury home on January twenty fourth, twenty twenty three. Their mother has admitted she did it. She has pleaded not guilty to three counts of first degree murder on the ground that she was not criminally responsible and she has presumed innocent until this jury says otherwise. Yesterday I told you about the morning when Kevin Reddington took doctor Jennifer Tuft's apart on her credentials and on the fact that all fourteen of her appointments with Lindsey Clancy were video calls. Here's how the rest of that day went. Because it did not get less tense, Reddington kept working the same seam. At one point he pressed her on what happened after Clancy told her the new prescriptions from the perinatal clinic weren't helping. Tufts testified that she told her patients she still had options and there was a reason to hope, and Reddington asked the question he had been building toward for an hour. Did you ever tell her to come see you in person, not on a screen. That's the whole cross in one sentence. Did you care, not, were you qualified? Just did you ever ask her to come into the room. Doctor Tuff's finished her testimony Monday. There were several sharp exchanges before she stepped down. And I want to say something I said yesterday because it still applies.

3:28 She is not the defendant here. She is also a name defendant. In a civil malpractice case brought by this family, which means the version of events where her patient was stable and appropriately treated is the version that helps her. That doesn't make her a liar. It makes her a witness with something at stake, and every witness has something at stake. Then the Commonwealth called a provider from the South Shore paranatal clinic identified in court as Paul. And this witness matters because this is the clinic Lindsay Clancy transferred to. This is where the medication list started getting long. Here's how she got there. The referral did not come from a doctor. It came from Susan Clancy Patrick's mother.

4:12 Her mother in law made the call. Think about that for one second. A labor and delivery nurse married to a man, she'd built a life with three kids, a house in Duxbury, and the person who got her into the perinatal program was her husband's mother. Somebody in that family was paying attention, somebody was making calls. The initial screening was in November of twenty twenty two. Paul testified that at that screening, Clancy reported no suicidal ideation, no homicidal ideation, no hallucinations, no delusions. She said Clancy seemed like a good candidate for the program, and an intake interview was done the next day and the major concern Clancy reported four words. I could not sleep. That's what she led with, Not despair, not intrusive thoughts, sleep, she could not sleep. I have now spent three weeks reading testimony from this trial, and the single thread that runs through every witness, from the nanny to the friends, to the nurses at Mass General, to two psychiatrists to this clinic is insomnia. Weeks of it, months of it. Her husband testified she once went forty eight hours without sleeping.

5:23 Her own journal describes drowning. I am not a doctor, and I'm not going to pretend that not sleeping explains what happened in that basement. It doesn't. Millions of exhausted parents do not kill their children. But when you're looking at a treatment record and asking what everybody knew, and when the answer keeps coming back to the same symptom that everybody wrote down and nobody solved. Paul testified that Clancy told her she had done well on prozac back in nursing school, so Paul prescribed her ten milligram dose as a prozac. A short time later, she was switched to something else. And that phrase a short time later, she was switched to something else is the sentence that describes this entire four month record. Something gets tried, it doesn't work, or she's afraid of it, or a side effect shows up. Switch, try the next one. Switch again.

6:14 By the time of the killings, this jury has heard she'd been through something like ten medications prescribed by providers at three different places, none of whom appear to have been holding the whole picture at once. Doctor Tuff's testified last week that she never requested the records from the South Shore clinic because she considered her patient medically sophisticated enough to keep her informed herself, so the psychiatrist was relying on the nurse to be her own medical record. Prosecutor Jennifer Sprague wrapped that direct examination in about forty minutes and court ended for the day just before four o'clock. Paul comes back today for cross examination, and you already know what Reddington is going to do with a witness who prescribed based on what a patient remembered liking in nursing school. But the biggest thing that happened Monday, didn't happen in front of the jury at all. Judge William Sullivan reversed himself. Here's the background. Before this trial started, Reddington asked to call three doctors to testify about the injuries Lindsay Clancy suffered when she went out that second story window. Sullivan said no. He sided with the prosecution and denied the motion, though he said he'd probably look at it again as the trial went on. That mattered enormously, and here's why the prosecution has spent two weeks quietly suggesting that Lindsey Clancy never really tried to kill herself, that the cuts to her wrists and neck were superficial, that she lowered herself out of the window rather than jumping.

7:42 There was a line at her arraignment years ago from the prosecution suggesting she did an account for the frozen ground. That theory is load bearing for the state because if the suicide attempt was staged, then the whole psychosis narrative starts looking like a performance. And the defense had been told it could not call medical exps it's to answer it. On Monday, Sullivan allowed two of the three, doctor Elizabeth Laposada will be permitted to testify about the wounds and injuries Clancy sustained, so will doctor Michael Volfovich. The third witness is still an open question, and the judge is expected to question that person directly to determine whether he's competent to testify. That may happen today, So the defense now gets to put doctors in front of this jury to talk about what a broken spine actually means. Lindsey Clancy came into that courtroom in a wheelchair. She has been paralyzed from the waist down since the day her children died. Reddington has compared the injury to the fall that paralyzed Christopher Reeve. Look, I'm gonna be honest with you.

8:43 I've watched a lot of trials where a judge denies a defense motion pre trial and never looks back. Sullivan looked back. He watched the state build a theory on this jury for two weeks, and then he opened the door for the defense to answer it. That's a judge doing the job correctly, And it is worth saying out loud because we spend a lot of time on this show talking about the times they don't one more thing for today. Sullivan told jurors he needs to talk with the attorney's first thing this morning, and testimony may start later than the usual nine o'clock. And there is reporting that the Commonwealth could rest its case this week, which would put the defense on deck. After three weeks of hearing from the state. We are about to find out what Lindsay Clancy's lawyers actually have. We'll be right back Monday.

9:39 Jury selection began in a murder case that is almost thirty years old. Tupac was twenty five years old when he died. Before he was a headline and a hologram and a T shirt. He was a kid who read voraciously, studied acting and ballet at the Baltimore School for the Arts, and became one of the most important artists this country produced. In the last fifty years, he sold more than seventy five million records. A historian who runs a Center for the Study of Popular Music at the University of Connecticut put it plainly, nobody in the history of hip hop had that much impact in that little time. Here's what happened to him. September seventh, nineteen ninety six. Shakur was in the passenger seat of a black BMW. Maryon Knight, known as Suge, co founder of Death Row Records, was driving.

10:26 They had just come from the MGM Grand, where they'd watched Mike Tyson knockout Bruce Selden, and they were headed to a nightclub where Shakur was supposed to perform. At a red light near the Strip, a white Cadillac pulled up alongside them. Gunfire came out of the Cadillac. Shakur was hit multiple times. Knight was wounded, not seriously. Shakur died six days later, and then nothing for twenty seven years. The theory prosecutors are running is that this was retaliation. Hours before the shooting at the MGM Grand, Shakur and people with him had beaten up a man named Orlando Anderson.

11:06 Anderson was affiliated with the South Side Compton Crips. He was also Dwayne Davis's nephew. Prosecutors say Davis organize what came next sitting in the front passenger seat of that Cadillac and passing a handgun to the back seat. The larger backdrop is a few that got a lot of people killed. Death Row Records on one side, associated with the mob Pieru set of the Bloods bad Boy Records. On the other, the label Sean Combs founded home to Christopher Wallace, the notorious big and associated with the south Side Compton crips. Wallace was murdered six months after Shakur. That case is also unsolved. I want to be careful with how I say this next part, because there is a way of telling this story that turns it into folklore.

11:51 Two labels, two coasts, two gangs, and everybody nods like it's a movie. It isn't. Two young men were shot to death within six months of each other, thirty years of families waited, and the actual human beings involved in that feud are mostly dead or in prison. There is nothing romantic in it. So how did a cold case become a trial? Duyne Davis talked, He gave interviews, he sat with a documentary crew, and in twenty nineteen he published a memoir called Compton Street Legend, in which he described the night Tupac Shaker was shot from inside the car. The book says Shakur and his people crossed a line with what they did to Anderson. It says the group could not let in his words, record Company studio gangsters do them like that. It describes Davis passing a gun backward and describes somebody in the backseat opening fire. Las Vegas police have said those public statements are what revived the investigation and gave them evidence they did not previously have.

12:53 Davis was arrested in September of twenty twenty three. He is the first and only person ever charged in this case. He has been in custody since. Prosecutors have said the quiet part out loud. If Davis had not written about it and talked about it, it is likely nobody would ever have been charged. That's not a triumph of investigation. That's a confession that fell out of a book. Deal now the defense, and the defense is not nothing. Davis's attorneys argue there is no evidence that he directed the shooting and that the state's witnesses were not there. They tried and failed to keep the memoir out, arguing that the book was fictionalized and written with a co author, so there's no way to know which words are actually his.

13:37 They also fought to exclude a recording of a two thousand and eight interview Davis gave to a federal task force investigating both killings, arguing that conversation was supposed to be confidential and not usable against him. The judge let both in, and the defense has raised a fact that cuts at the state's story. Davis's memoir says Shakur reached for a weapon. A retire Las Vegas detective assigned to this investigation in twenty eighteen has said no weapon was found in the car Shakur and night We're in. The defense also wants the jury to see a different man than the one in the book. They say Davis left the drug trade in two thousand and nine, worked a steady job, and retired in twenty fourteen when he got sick.

14:20 So there's the case. A book, a taped interview, a thirty year old shooting, no murder, weapon, no recovered vehicle, and almost everybody who was in that Cadillac is dead. Davis is sixty three, and if convicted, faces the rest of his life in prison. Here is what I keep thinking about. There are people who will tell you this prosecution is a stunt that Nevada waited three decades and then charged an aging man on the strength of his own bragging because they needed to close a famous file, and there is a real question buried in there about whether a memoir is evidence or entertainment. Because here's the thing about a confession in a book. A confession in an interrogation room comes with rules. There's a warning, there's a lawyer, there's a recording, and if the police get it wrong, a judge throws it out. A confession in a memoir has none of that. It has a publisher, a deadline, a co author, and a commercial incentive to be the most dangerous man in the room. And the defense argument is not crazy people, embellish people take credit for things they watched other people do. Anybody who has ever sat near a bar at closing time knows that the story gets better every time it gets told. And Dwayne Davis was selling a story about being a legend.

15:34 That's the actual title. The counter argument, and it's a strong one, is that he didn't say it once. He said it in the book, he said it on camera, he said it to a federal task force in two thousand and eight, and the details he gave about where he sat about the gun going backward line up with what investigators already knew and had never made public. A jury is going to have to decide which of those two things it looking at. That's a genuinely hard question, and I don't think anyone should pretend otherwise. But Tupac Shakur's family has been waiting thirty years, and nobody asked them if they were tired of it. His stepbrother, Maurice Shakur, who goes by Moprem, has said sitting through this trial will be re traumatizing. He's cautiously optimistic anyway. What he said he wants is simple. I hope that the trial is fair and we find out the truth. He also said something harder, which is that real justice here is unattainable because nothing coming out of that courtroom brings his brother back. He's right, and that's true of every case we cover on this show. The verdict is never the repair, it's just the record. Someone has to say his name, Tupac Shakur, twenty five years old more in a moment the kidney clock, Long Island, and I need to start with a disambiguation because there are two men with this name,

17:08 and the Internet has been mixing them up all week. Carmine Agnello Senior is the mobster Gambino family scrapyard rackets and Queen's married. John Gotti's daughter Victoria did nine years federal for racketeering. The man in the news is his son, Carmine Gotti Agnello thirty nine, John Gotti's grandson. You may know him from a reality show that A and E ran back in two thousand and four called Growing Up Gotti, in which he and his brothers were teenagers with a lot of hair gel. He is not accused of being a mobster. He's a fraud defendant, and his case has turned into one of the strangest scheduling fights I have ever seen in a federal court. Start with the crime, because the crime is not funny. In twenty twenty four, Agnello pleaded guilty and federal court in Central Islip to a scheme involving the Small Business Administration's Economic Injury Disaster Loan Program that's pandemic relief money set aside for businesses that were drowning. In twenty twenty, he admitted lying on the applications about how many people worked at his business, a scrap and autoparts operation, and he took one point one million dollars. Prosecutors say more than four hundred thousand of it went into a cryptocurrency scheme. So while restaurants were closing and small businesses were begging for a fraction of that, a guy lied about his payroll and put four hundred grand into crypto. That's not a mistake, that's a choice. He was sentenced this spring to fifteen months.

18:36 He was supposed to report to prison on June twentieth. He did not report on June twentieth because of the kidney. Victoria Gotti, his mother, sixty three, has chronic kidney disease. In court filing, she has said her son is the only known compatible donor for her. In March, she wrote a letter to the judge asking that he be spared prison entirely so he could give her a kidney, calling him her miracle child and saying he was giving her the gift of life. And Judge Nusrat Chowdhury, who sits in the Eastern District of New York, did something that I think a lot of judges would have done. She said, fine, go do the surgery report afterward. So the surrender date moved, then it moved again. Then in July, Choudary issued an order saying if the transplant happens by August third, you report September eighteenth. August third came, no surgery. Agnello's attorney, Robert Beltrani, filed papers explaining that Victoria Gotti had developed a serious infection and was on antibiotics, and called it, in his words, what is expected to be a minor delay.

19:42 He said his client stood ready and was waiting for a green light from doctors and Judge Choudory apparently done issued a new order last Thursday, with two branches and no third option. If the transplant happened on or before Monday, August tenth, he surrenders September eighteenth. If it did not happen by Monday, he surrenders to the Bureau of Prisons by two o'clock that same afternoon. Prosecutors did not object to the arrangement. For whatever that's worth. As of the time we recorded this, I could not confirm which branch happened. TMZ reported over the weekend, citing unnamed sources close to the family, that the surgery did not look like it was going to happen by Monday, and that the family regarded prison as inevitable. That's a tabloid sourcing a whisper.

20:27 So take it as exactly that by the time you hear this, there should be a real answer and we will bring it to you. Now here's where I actually land on this, and it's more complicated than the joke suggests. A woman with kidney disease is not a legal strategy. If Victoria Gotti needs a transplant and her son is the only match, that is a genuine medical situation, and a federal judge is entitled to take it seriously. Courts delay surrender dates for medical reasons constantly, for people whose last names nobody knows. There is nothing scandalous about a judge saying, go save your mother's life first. What's corrosive is the pattern. Sentencing gets pushed, surrender gets pushed, then the deadline gets pushed, then a new date, then another filing.

21:13 Somewhere in there, a defendant who stole a million dollars in disaster relief has been walking around free for a year and change past his guilty plea, and each individual extension looked reasonable on its own. There's a playbook for this. Every step is defensible, the sum is not. And if your last name gets you a New York post story and a reality show credit. You have a lawyer who knows how to keep filing. And there is a part of this story that is getting almost no attention, which is the part I actually want to leave you with. In June, weeks before he was originally supposed to report, Agnella was arrested by Nassau County Police in East Norwich. Police said officers responded to a home where an argument with his girlfriend allegedly escalated. According to police, he slapped and punched herultiple times, put his hands around her neck, and smashed her phone. He was charged with assault, criminal obstruction of breathing, and criminal mischief. He has not been convicted of any of that. He has presumed innocent on those charges, and I want that stated plainly. But criminal obstruction of breathing is the charge that exists because strangulation in a domestic assault is one of the strongest predictors that the next incident is a fatal one. That's not commentary.

22:28 That's what the research says, and it's why New York wrote a separate crime for it. There is a twenty nine year old woman somewhere on Long Island whose case is a footnote in coverage about a kidney nobody was paying attention to her do better. Three stories Today. In Plymouth, doctor Jennifer Tuff's finished a rough cross examination. A paranatal clinic provider named Paul testified that Lindsay Clancy came in reporting she could not sleep, and Judge Sullivan reversed a pre trial ruling to let the defense call two medical experts about Clancy's injuries. Clancy has pleaded not guilty and is presumed innocent. Cross of the clinic witness continues today.

23:11 In Las Vegas, jury selection began in the murder trial of Dwayne Davis, sixty three, the only person ever charged in the killing of Tupac Shakur. He has pleaded not guilty. The trial is expected to last about a month. And on Long Island, Carmi Gotti Anello faced a Monday afternoon deadline to donate a kidney to his mother or begin a fifteen month federal sentence for a pandemic loan fraud. We'll confirm the outcome. If this show is useful to you, send it to one person today, not a share to everybody, one person who'd actually listen. That's how this thing grows. And if you're listening on Spotify, drop a comment. I want to know what you make of the Tupac case, because the question of whether a man's own memoir should be enough to convict him is a genuinely had one, and I suspect you all are split on it. Tomorrow More from Plymouth, more from Las Vegas, and whatever else lands.

24:08 I'm Garrett Fischer. This is Daily Crime and Justice from Calaroga Shark Media. Disclaimer. This program covers active criminal proceedings and is based on court testimony, court filings, and reporting available at the time of recording. Lindsey Clancy has pleaded not guilty to three counts of first degree murder and is presumed innocent. She has acknowledged causing her children's deaths and asserts she was not criminally responsible. Dwayne Davis has pleaded not guilty and is presumed innocent. Carmine gatti Agnello has pleaded guilty to federal fraud charges, but has not been convicted of the separate assault charges described here and is presumed innocent on those. No jury has ruled in any pending matter discussed in the Clancy trial. Outlets continue to differ on callan Clancy's agent death reported variously as seven months and eight months. The perinatal clinic witness was identified in court coverage only as Paul, and her full name was not consistently reported. The competency of a third proposed defense witness had not been determined at the time of recording. Doctor Jennifer Tuffs and doctor Eliah Goodhart are named defendants in civil malpractice suits that have not been tried, and both deny wrongdoing. Nothing here is a finding about the quality of any physician's care In the Las Vegas matter, Prosecutors do not allege that Dwayne Davis fired the shots that killed Tupac Shakur. Statements attributed to Davis come from a memoir he co authored and from recorded interviews, and

25:39 his attorneys have argued in court that the book was fictionalized and that a co author's contributions cannot be separated from his own. Shawn Combs has denied any involvement in Shakur's death and has not been charged in connection with it. Reporting differs on which judge is presiding, so we have not named one. In the Agnello matter, reports differ on his original sentencing exposure, with some outlets citing a guideline range above thirty three months, and others reporting only the fifteen month sentence imposed. Accounts of the sentencing date also vary between March and April of this year. The outcome of Monday's deadline was not confirmed at the time of recording, and reporting that the transplant would not occur was attributed to unnamed sources by a single tabloid outlet. This episode discusses postpart of mental illness, suicide, gun violence, and domestic violence.

26:32 If you are struggling with postpart and mood symptoms, the National Maternal Mental Health Hotline is free, confidential and available around the clock. Caller text one eight three three TLCMAMA. If you are having thoughts of suicide, caller texts nine to eight eight to reach the Suicide and Crisis Lifeline. If you are experiencing domestic violence, the National Domestic Violence Hotline is available at one eight hundred and seven nine nine seven two three three MHM