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Kalaroga Shark Media. Good morning. This is Daily Crime Injustice
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from Klaroga Shark Media powered by AI. I'm Garrett Fischer. Wednesday,
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August twelfth, twenty twenty six. Thirty years. That's how long
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the family of Tupac Shakur waited for somebody to sit
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in a defendant's chair in a Las Vegas courtroom. He
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was shot on September seventh, nineteen ninety six, at a
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red light off the strip. He died six days later.
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He was twenty five years old, and for twenty seven
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of those years, nobody was charged with anything, not one person.
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The case sat cold, while the man prosecutors now say
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gave the order, went on podcasts, sat for interviews, and
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published a book about it. That's not a typo. The
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reason there is a trial happening right now is that
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the defendant wrote it down and sold it. Jury selection
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started Monday in Las Vegas. Dwayne Davis, sixty three years old,
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known as Keffie d faces one count of murder with
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a deadly weapon with a gang enhancement. He is pleaded
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not guilty. Prosecutors are not saying he pulled the trigger.
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They're saying he was the shot caller and he handed
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over the gun. The trial is expected to run about
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a month, and there is so much public interest that
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the court set up a seat lottery and an overflow
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room with a video feed. We covered this case here before,
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back when Keffie d was just the last living witness
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who wouldn't stop talking. Today he's a defendant. Also today,
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Week three continues in Plymouth, Massachusetts, and the Lindsey Clancy
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defense finally won something significant, and a federal judge on
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Long Island gave John Gotti's grandson a choice you don't
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see in a court room. Give your mother your kidney
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by two o'clock Monday afternoon, or report to prison at
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two o'clock Monday afternoon. I'm Garrett Fisher. This is Daily
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Crime and Justice, Plymouth Superior Court. Day ten. Cora Clancy
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was five, Dawson Clancy was three, Callan Clancy was an infant.
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They were strangled in the basement of their Duxbury home
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on January twenty fourth, twenty twenty three. Their mother has
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admitted she did it. She has pleaded not guilty to
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three counts of first degree murder on the ground that
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she was not criminally responsible and she has presumed innocent
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until this jury says otherwise. Yesterday I told you about
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the morning when Kevin Reddington took doctor Jennifer Tuft's apart
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on her credentials and on the fact that all fourteen
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of her appointments with Lindsey Clancy were video calls. Here's
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how the rest of that day went. Because it did
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not get less tense, Reddington kept working the same seam.
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At one point he pressed her on what happened after
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Clancy told her the new prescriptions from the perinatal clinic
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weren't helping. Tufts testified that she told her patients she
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still had options and there was a reason to hope,
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and Reddington asked the question he had been building toward
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for an hour. Did you ever tell her to come
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see you in person, not on a screen. That's the
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whole cross in one sentence. Did you care, not, were
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you qualified? Just did you ever ask her to come
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into the room. Doctor Tuff's finished her testimony Monday. There
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were several sharp exchanges before she stepped down. And I
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want to say something I said yesterday because it still applies.
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She is not the defendant here. She is also a
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name defendant. In a civil malpractice case brought by this family,
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which means the version of events where her patient was
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stable and appropriately treated is the version that helps her.
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That doesn't make her a liar. It makes her a
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witness with something at stake, and every witness has something
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at stake. Then the Commonwealth called a provider from the
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South Shore paranatal clinic identified in court as Paul. And
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this witness matters because this is the clinic Lindsay Clancy
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transferred to. This is where the medication list started getting long.
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Here's how she got there. The referral did not come
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from a doctor. It came from Susan Clancy Patrick's mother.
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Her mother in law made the call. Think about that
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for one second. A labor and delivery nurse married to
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a man, she'd built a life with three kids, a
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house in Duxbury, and the person who got her into
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the perinatal program was her husband's mother. Somebody in that
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family was paying attention, somebody was making calls. The initial
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screening was in November of twenty twenty two. Paul testified
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that at that screening, Clancy reported no suicidal ideation, no
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homicidal ideation, no hallucinations, no delusions. She said Clancy seemed
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like a good candidate for the program, and an intake
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interview was done the next day and the major concern
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Clancy reported four words. I could not sleep. That's what
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she led with, Not despair, not intrusive thoughts, sleep, she
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could not sleep. I have now spent three weeks reading
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testimony from this trial, and the single thread that runs
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through every witness, from the nanny to the friends, to
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the nurses at Mass General, to two psychiatrists to this
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clinic is insomnia. Weeks of it, months of it. Her
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husband testified she once went forty eight hours without sleeping.
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Her own journal describes drowning. I am not a doctor,
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and I'm not going to pretend that not sleeping explains
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what happened in that basement. It doesn't. Millions of exhausted
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parents do not kill their children. But when you're looking
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at a treatment record and asking what everybody knew, and
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when the answer keeps coming back to the same symptom
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that everybody wrote down and nobody solved. Paul testified that
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Clancy told her she had done well on prozac back
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in nursing school, so Paul prescribed her ten milligram dose
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as a prozac. A short time later, she was switched
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to something else. And that phrase a short time later,
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she was switched to something else is the sentence that
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describes this entire four month record. Something gets tried, it
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doesn't work, or she's afraid of it, or a side
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effect shows up. Switch, try the next one. Switch again.
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By the time of the killings, this jury has heard
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she'd been through something like ten medications prescribed by providers
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at three different places, none of whom appear to have
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been holding the whole picture at once. Doctor Tuff's testified
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last week that she never requested the records from the
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South Shore clinic because she considered her patient medically sophisticated
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enough to keep her informed herself, so the psychiatrist was
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relying on the nurse to be her own medical record.
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Prosecutor Jennifer Sprague wrapped that direct examination in about forty
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minutes and court ended for the day just before four o'clock.
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Paul comes back today for cross examination, and you already
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know what Reddington is going to do with a witness
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who prescribed based on what a patient remembered liking in
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nursing school. But the biggest thing that happened Monday, didn't
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happen in front of the jury at all. Judge William
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Sullivan reversed himself. Here's the background. Before this trial started,
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Reddington asked to call three doctors to testify about the
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injuries Lindsay Clancy suffered when she went out that second
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story window. Sullivan said no. He sided with the prosecution
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and denied the motion, though he said he'd probably look
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at it again as the trial went on. That mattered enormously,
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and here's why the prosecution has spent two weeks quietly
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suggesting that Lindsey Clancy never really tried to kill herself,
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that the cuts to her wrists and neck were superficial,
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that she lowered herself out of the window rather than jumping.
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There was a line at her arraignment years ago from
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the prosecution suggesting she did an account for the frozen ground.
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That theory is load bearing for the state because if
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the suicide attempt was staged, then the whole psychosis narrative
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starts looking like a performance. And the defense had been
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told it could not call medical exps it's to answer it.
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On Monday, Sullivan allowed two of the three, doctor Elizabeth
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Laposada will be permitted to testify about the wounds and
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injuries Clancy sustained, so will doctor Michael Volfovich. The third
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witness is still an open question, and the judge is
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expected to question that person directly to determine whether he's
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competent to testify. That may happen today, So the defense
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now gets to put doctors in front of this jury
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to talk about what a broken spine actually means. Lindsey
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Clancy came into that courtroom in a wheelchair. She has
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been paralyzed from the waist down since the day her
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children died. Reddington has compared the injury to the fall
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that paralyzed Christopher Reeve. Look, I'm gonna be honest with you.
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I've watched a lot of trials where a judge denies
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a defense motion pre trial and never looks back. Sullivan
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looked back. He watched the state build a theory on
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this jury for two weeks, and then he opened the
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door for the defense to answer it. That's a judge
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doing the job correctly, And it is worth saying out
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loud because we spend a lot of time on this
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show talking about the times they don't one more thing
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for today. Sullivan told jurors he needs to talk with
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the attorney's first thing this morning, and testimony may start
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later than the usual nine o'clock. And there is reporting
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that the Commonwealth could rest its case this week, which
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would put the defense on deck. After three weeks of
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hearing from the state. We are about to find out
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what Lindsay Clancy's lawyers actually have. We'll be right back Monday.
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Jury selection began in a murder case that is almost
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thirty years old. Tupac was twenty five years old when
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he died. Before he was a headline and a hologram
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and a T shirt. He was a kid who read voraciously,
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studied acting and ballet at the Baltimore School for the Arts,
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and became one of the most important artists this country produced.
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In the last fifty years, he sold more than seventy
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five million records. A historian who runs a Center for
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the Study of Popular Music at the University of Connecticut
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put it plainly, nobody in the history of hip hop
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had that much impact in that little time. Here's what
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happened to him. September seventh, nineteen ninety six. Shakur was
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in the passenger seat of a black BMW. Maryon Knight,
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known as Suge, co founder of Death Row Records, was driving.
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They had just come from the MGM Grand, where they'd
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watched Mike Tyson knockout Bruce Selden, and they were headed
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to a nightclub where Shakur was supposed to perform. At
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a red light near the Strip, a white Cadillac pulled
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up alongside them. Gunfire came out of the Cadillac. Shakur
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was hit multiple times. Knight was wounded, not seriously. Shakur
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died six days later, and then nothing for twenty seven years.
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The theory prosecutors are running is that this was retaliation.
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Hours before the shooting at the MGM Grand, Shakur and
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people with him had beaten up a man named Orlando Anderson.
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Anderson was affiliated with the South Side Compton Crips. He
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was also Dwayne Davis's nephew. Prosecutors say Davis organize what
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came next sitting in the front passenger seat of that
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Cadillac and passing a handgun to the back seat. The
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larger backdrop is a few that got a lot of
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people killed. Death Row Records on one side, associated with
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the mob Pieru set of the Bloods bad Boy Records.
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On the other, the label Sean Combs founded home to
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Christopher Wallace, the notorious big and associated with the south
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Side Compton crips. Wallace was murdered six months after Shakur.
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That case is also unsolved. I want to be careful
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with how I say this next part, because there is
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a way of telling this story that turns it into folklore.
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Two labels, two coasts, two gangs, and everybody nods like
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it's a movie. It isn't. Two young men were shot
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to death within six months of each other, thirty years
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of families waited, and the actual human beings involved in
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that feud are mostly dead or in prison. There is
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nothing romantic in it. So how did a cold case
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become a trial? Duyne Davis talked, He gave interviews, he
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sat with a documentary crew, and in twenty nineteen he
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published a memoir called Compton Street Legend, in which he
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described the night Tupac Shaker was shot from inside the car.
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The book says Shakur and his people crossed a line
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with what they did to Anderson. It says the group
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could not let in his words, record Company studio gangsters
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do them like that. It describes Davis passing a gun
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backward and describes somebody in the backseat opening fire. Las
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Vegas police have said those public statements are what revived
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the investigation and gave them evidence they did not previously have.
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Davis was arrested in September of twenty twenty three. He
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is the first and only person ever charged in this case.
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He has been in custody since. Prosecutors have said the
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quiet part out loud. If Davis had not written about
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it and talked about it, it is likely nobody would
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ever have been charged. That's not a triumph of investigation.
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That's a confession that fell out of a book. Deal
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now the defense, and the defense is not nothing. Davis's
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attorneys argue there is no evidence that he directed the
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shooting and that the state's witnesses were not there. They
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tried and failed to keep the memoir out, arguing that
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the book was fictionalized and written with a co author,
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so there's no way to know which words are actually his.
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They also fought to exclude a recording of a two
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thousand and eight interview Davis gave to a federal task
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force investigating both killings, arguing that conversation was supposed to
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be confidential and not usable against him. The judge let
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both in, and the defense has raised a fact that
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cuts at the state's story. Davis's memoir says Shakur reached
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for a weapon. A retire Las Vegas detective assigned to
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this investigation in twenty eighteen has said no weapon was
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found in the car Shakur and night We're in. The
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defense also wants the jury to see a different man
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than the one in the book. They say Davis left
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the drug trade in two thousand and nine, worked a
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steady job, and retired in twenty fourteen when he got sick.
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So there's the case. A book, a taped interview, a
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thirty year old shooting, no murder, weapon, no recovered vehicle,
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and almost everybody who was in that Cadillac is dead.