The Lil Durk trial is just a few days away from heading into closing arguments, and Judge Michael Fitzgerald has ruled on how the jury must evaluate the case. The United States District Judge spoke to prosecutors and defense lawyers on Friday (September 4) to determine what arguments they can use, and in particular, which ones they cannot.
According to AllHipHop, the defense raised a debate over whether or not one person can be held responsible for the crimes of another. While prosecutors argue Durk ordered a hit on Quando Rondo, the defense argues the perpetrators acted independently of the Chicago rapper.
Judge Fitzgerald reportedly explained the Pinkerton rule from a 1946 Supreme Court case, which posits jurors must find the defendant joined a plan and committed a crime to further that plan. While Smurk's lawyer Christy O'Connor fought back against the notion of indirect responsibility, the judge said the rule will stand, opening the door for both sides' claims.
"What the defense is saying here is that they want the right, if there should be convictions, to raise this issue with the full Court of Appeals or the Supreme Court," Judge Fitzgerald reportedly remarked. This sets a path for the defense to appeal if the jury convicts Lil Durk and his codefendants, Deondre “DeDe” Wilson and David “Browneyez” Lindsey.
Lil Durk Trial's Next Court Date
Prosecutors reportedly stated they will not argue a plan DeDe allegedly made without Durk's knowledge is evidence of guilt. Their witnesses, such as OTF Jam and OTF Vonni, alleged Durk knowingly financed and approved of the hit.
AllHipHop also reported Judge Fitzgerald's clarification that The Voice's financial matters, such as allegedly paying for flight tickets and booking hotel rooms, cannot emerge as proof of guilt in prosecutors' closing arguments. Instead, they must show a more direct connection to the murder plot.
"The jury is already told that, specifically, in unambiguous English language, that paying for those sorts of instrumentalities are not enough,” the judge reportedly expressed. “It has to be a bounty beyond the actual fact of those things." To be clear, Judge Fitzgerald spoke about what prosecutors and defense attorneys can argue and how jurors must scrutinize the facts for purposes of fairness and consistency. The judge did not "pick a side" regarding the case.
Prosecutors and defense attorneys will begin their closing arguments on Tuesday, September 8.
