- Judge Michael W. Fitzgerald refused to dismiss or recuse the Los Angeles federal bench in the murder-for-hire case against Lil Durk.
- Trial is scheduled to begin in late April; the judge may empanel an anonymous jury.
- Defense raised undisclosed death threats to a magistrate judge and complaints about prolonged solitary confinement after an alleged Apple Watch violation.
H2: Judge denies dismissal, trial set for April
A federal judge on Wednesday rejected a defense motion to dismiss or recuse the entire Central District of California bench in the murder-for-hire indictment against rapper Lil Durk (Durk Banks). U.S. District Judge Michael W. Fitzgerald said there was “absolutely no basis” for dismissal and set the trial to begin either April 21 or April 28.
H3: Defense points to undisclosed death threats
Durk’s attorneys sought an evidentiary hearing after learning that U.S. Magistrate Judge Patricia Donahue received threatening voicemails in February and an Assistant U.S. Attorney received one in April. Defense counsel argued prosecutors did not disclose the threats to them for months and asked for disqualification of the U.S. Attorney’s Office and recusal of judges who had presided over bail hearings.
Lead defense lawyer Drew Findling said counsel should have been notified earlier and argued the nondisclosure could have influenced Donahue’s May denials of bail. The defense argued the threats “will haunt this case” without a hearing.
H3: Prosecutors and judge say no prejudice
Assistant U.S. Attorney Ian Yanniello and other prosecutors told the court the government did not withhold the information. Prosecutors said they raised the threats with the defense on Oct. 1 when discussing pretrial motions and cited them in support of requesting an anonymous jury because the calls showed outside efforts to influence the proceedings.
Judge Fitzgerald said the threats were not attributable to the defendant and that there was no evidence the calls affected any judge’s impartiality. He concluded the defense had shown no legal basis for recusal or an evidentiary hearing, calling any prejudice claim unfounded.
H2: Charges, evidence and pending motions
Lil Durk, 33, has been jailed since October 2024 and faces counts including conspiracy, use of interstate facilities to commit murder-for-hire resulting in death, and firearms offenses. The indictment alleges he and co-defendants traveled from Chicago to Los Angeles in August 2022 and that a 2022 shooting at a Beverly Boulevard gas station killed an associate of the intended target.
Prosecutors have provided surveillance images and other discovery; defense lawyers seek further particulars and have filed motions challenging certain counts and proposed evidence. Judge Fitzgerald is considering a motion to dismiss one count that questions whether underlying predicate offenses qualify as federal “crimes of violence.”
H3: Solitary confinement and Apple Watch allegation
Separately, Fitzgerald scheduled a Feb. 9 status conference about Durk’s continued confinement in the Los Angeles Metropolitan Detention Center’s Segregated Housing Unit. Lawyers say he has been held in solitary since Aug. 29 after an allegation he possessed an unauthorized Apple Watch. Defense counsel say explanations for the extended placement have been inconsistent and argue the confinement raises due-process concerns.
Next steps include the late-April trial date, the judge’s forthcoming decision on an anonymous jury, and several pending motions to be addressed at upcoming hearings.
Image Referance: https://www.legalaffairsandtrials.com/p/death-threats-to-federal-judge-wont
