Tupac Shakur Murder Trial Day 3

Judge (00:00):

Back on record. State versus Davis, C377407. Looks like we have the jury lined up. Anything we need to address before we bring them in?

Mr. DiGiacomo (00:08):

Not from the State.

Judge (00:08):

Sorry, Mr. Sanft?

Mr. Sanft (00:13):

Your Honor, we do have one request for the court. I understand that the State will be putting on a witness that actually has a medical appointment back in California tomorrow.

Judge (00:19):

Okay.

Mr. Sanft (00:20):

And so as a result, I would like to be able to do my cross after they present all of their direct evidence, which would include the recording that will be played with regards to an interview with Mr. Davis. But I'd like to do that at the end instead of in the middle, like we did yesterday or the other day with Detective Miller.

(00:40)
There were questions I wanted to ask Detective Miller that I just couldn't do after the recording had been played. And so I understand that this detective, Detective Dupree, would be in California tomorrow for the appointment. I just would-

Judge (00:51):

So, you would rather... So, you understand that he's going to be back in California, but you still want to do it via Zoom?

Mr. Sanft (00:56):

Sure. Yeah, because I don't want to mess with his appointment on-

Judge (00:59):

So, no objection to him doing it via Zoom, but you want the State to present all of the information that they're presenting through him, and then you do your cross?

Mr. Sanft (01:05):

Yes.

Judge (01:05):

Okay. I think we can accommodate that, right, State?

Mr. DiGiacomo (01:08):

Well, I mean, there is approximately five hours' worth of recordings with him. Once it's into evidence, our choice to play it, whether he's on the stand or not, is when we decide to play it during the trial. I explained to Detective Dupree that I planned to do my direct and his cross-examination today because I knew that he had to be out of here.

(01:34)
I don't think he'd be opposed to subject to recall with Mr. Sanft if he wants to go and would come back on by Zoom, but I am opposed to the idea that they're going to control the way we present our evidence. We'll do direct, we'll do cross, and if there's anything he wants to additionally have from Detective Dupree, I don't think that he would necessarily be opposed to getting on a Zoom in his case.

Judge (02:00):

Being recalled. All right. Do you guys want to talk to him real quick to see if he can be recalled if there's something that needs to be done after everything is presented?

Mr. Sanft (02:10):

Okay. I just want to object. I heard the State basically say that they don't want me to dictate how they want to present the case. I'm perfectly fine with that. I'm just saying-

Judge (02:19):

You're not stipulating that they can play it outside with the other witness.

Mr. Sanft (02:24):

Look, this is a matter of professional courtesy. I would definitely allow him to go back to California to do what he's doing, but he's on the stand. Technically, he's not supposed to be released until after the court releases him from the subpoena. And so as a result, if you want to play that game, then I would want him to stay here overnight, so he can at least be cross-examined by me.

(02:41)
I was trying to be nice about it by doing it the other way, but it seems now like I have to recall this person. I don't trust that he wouldn't disappear in the wind. I don't care if he's a detective. In my opinion, I've got a problem with that.

Mr. DiGiacomo (02:55):

Once a piece of evidence is admitted, it's our choice as to when to play it and how to play it. So, I'm not getting dictated how we do that. If he's done with cross, if he's going to delay cross and keep him on the stand long enough, he's free to play it during this cross-examination if he wants to.

(03:12)
Once a piece of evidence is admitted, it's admitted, right? And so I'm going to lay the foundation-

Judge (03:17):

Right, so if you want to have them verify it and then not play it until closings or something, that's your prerogative.

Mr. DiGiacomo (03:23):

Or I could on Friday decide we're going to play... Because we have hours and hours and hours of audio to play, and just having somebody sitting on the stand for audio is not necessary.

Judge (03:35):

Okay.

Mr. DiGiacomo (03:35):

I can present it in any manner I want to. It doesn't require the witness to be here to listen to it once [inaudible 00:03:42]-

Judge (03:41):

So, it sounds like what Mr. Sanft is saying is he has no objection to you doing your direct, and then playing it without him being here, and then he would like to do his cross tomorrow. So, I was going to see if-

Mr. DiGiacomo (03:53):

I just don't think we'll be through it by tomorrow. I think it may be... Because we have a witness coming tomorrow, so we may be breaking up 2008, and then later on playing 2009. So, I don't know when that's going to happen in our presentation of the evidence.

Judge (04:10):

I understand that. Given-

Mr. DiGiacomo (04:11):

It's kind of the issue that we're having, because we're really juggling a lot of out-of-state witnesses because nobody was in Vegas when this crime occurred.

Judge (04:21):

Mr. Sanft, what I'll do is after you listen to... When the State is done with their direct, and they've admitted what they want to admit and they say that they're done, I'll turn to you. You can let me know if you want to cross-examine now, or if you want to ultimately recall him on your own for your presentation. And if-

Mr. Sanft (04:41):

There's a little bit of a regret with regards to Detective Miller, and I do understand there were some audiovisual problems with his connection, right? In terms of his... There were questions that I look back and listening to this audio that I should have asked him that I didn't ask him. I do not want to fall under that same regret with regards to Detective Dupree. So, I just know that there will be questions-

Judge (05:02):

Do you want me to ask then? I guess, I was just trying to get somebody to figure out if he would be available at a later time for recall. That's all I'm trying to do at this point, so that I can see what my options are.

Mr. DiGiacomo (05:13):

I'd be happy to go out and talk... I think he's in the back.

Judge (05:16):

So, if you guys want to talk to him and see if he has a time afterwards, I understand your concern. I understand your point that we can admit it and play it at closings, essentially. Once something is admitted, you can play it whenever you want. That is true. You also may have questions that get formulated after the item is presented. So, let's see if there is a possibility for him to be recalled at all at any point. I have no problem with doing that.

(05:41)
But I don't know if he's available.

Mr. Sanft (05:43):

Yes, ma'am.

Judge (05:44):

So, go check with him, and then we can come up with a plan.

(05:45)
Sure.

Mr. DiGiacomo (08:21):

Detective Dupree has agreed to be available Friday morning.

Judge (08:22):

Okay.

Mr. DiGiacomo (08:23):

If Mr. Sanft has any additional questions by way of Zoom, we figure by then we'll be through the two statements.

Judge (08:29):

I appreciate it. Thank you, guys. All right, perfect. So, looks like that's been resolved. Anything else we need to address outside the presence?

Mr. DiGiacomo (08:35):

Not from the State.

Judge (08:36):

All right. Let's bring the jury in.

Bailiff (08:37):

Stand for the jury.

Judge (09:12):

Do the parties stipulate to the presence of the jury?

Mr. Sanft (09:15):

Yes, Your Honor.

Mr. DiGiacomo (09:15):

Yes, Your Honor.

Judge (09:23):

Okay. You may be seated. Welcome back, ladies and gentlemen. Thanks for accommodating me as we started a little bit later. I appreciate your time. At this time, we are still in the State's case-in-chief. Who's your next witness, Mr. DiGiacomo.

Mr. DiGiacomo (09:36):

Wade Lee.

Judge (10:00):

Okay.

(10:00)
You do solemnly swear that the testimony you're about to give in this action shall be the truth, the whole truth, and nothing but the truth, so help you God?

Wade Lee (10:05):

Yes, I do.

Judge (10:06):

You may be seated. May I please have you state and spell your first and last name for the record?

Bailiff (10:12):

My name is Wade Lee, W-A-D-E L-E-E.

Judge (10:18):

Thank you, Mr. Lee, for being here. Mr. DiGiacomo, whenever you're ready, you may proceed.

Mr. DiGiacomo (10:23):

Thank you. Let me just get the clerk the [inaudible 00:10:24] in order. I know we're kind of messed up, but [inaudible 00:10:30].

Judge (10:23):

Okay.

Mr. DiGiacomo (10:33):

Sir, back in the '90s, how were you employed?

Wade Lee (10:36):

I was a special agent with the FBI.

Mr. DiGiacomo (10:38):

How long were you with the FBI?

Wade Lee (10:40):

25 years.

Mr. DiGiacomo (10:41):

And when did you start?

Wade Lee (10:44):

May of 1996.

Mr. DiGiacomo (10:47):

May of 1996?

Wade Lee (10:47):

Yes.

Mr. DiGiacomo (10:50):

So, you haven't been retired that long, actually.

Wade Lee (10:53):

About five years.

Mr. DiGiacomo (10:56):

I want to direct your attention to the 1997-1998 time period. What was your assignment? What were you doing for the FBI at that time?

Wade Lee (11:08):

I was assigned to a squad that was working a Safe Streets Task Force. I was on basically the Violent Crimes Major Offenders Program, working gangs in South Central LA.

Mr. DiGiacomo (11:21):

You said Project Safe Street, and that's a federal task force that has multi-agency people on it?

Wade Lee (11:28):

Yes, that's correct. The way it was generally organized, there were several squads in LA, the LA division of the FBI, that were assigned to different regions of the area and the territories. My squad was assigned to the Watts area of Los Angeles, South Central.

Mr. DiGiacomo (11:48):

And as part of your duties, did you have a partner by the name of Agent Holiday?

Wade Lee (11:58):

Yeah. Todd Holiday, yes.

Mr. DiGiacomo (11:59):

Did there come a point in time when the two of you, along with other members of your squad, began an investigation into a criminal street gang by the name of Grape Street?

Wade Lee (12:11):

Yes. It was-

Mr. DiGiacomo (12:12):

Can you explain to the ladies and gentlemen of the jury what Grape Street is?

Wade Lee (12:16):

The Grape Street Crips was a large gang organization that operated out of the Jordan Downs housing projects in Watts. It was basically believed to be the largest Crips set in all of America. And our squad was working the violent aspects and drug-dealing aspects of that organization.

Mr. DiGiacomo (12:42):

As part of your investigation into Grape Street, did you come across a person that you identified as Dwayne Davis?

Wade Lee (12:52):

Yes.

Mr. DiGiacomo (12:53):

And do you see Mr. Davis here in court today?

Wade Lee (12:55):

Yes, I do.

Mr. DiGiacomo (12:56):

Can you point him out and describe something he's wearing?

Wade Lee (12:59):

It's the gentleman sitting at the defendant's table with the blue shirt and tie.

Mr. DiGiacomo (13:06):

And how is it that you came across Mr. Davis?

Wade Lee (13:10):

During the course of our investigation with Grapes Street, when you're looking at the organization, there was numerous techniques that we used for investigating, whether it was informants, wiretaps, surveillance, active interviews, and things of that nature.

(13:29)
During the course of that interview, Mr. Davis came under the course of our investigation of one of his associate family members by the individual of the name Rodney Blackmon.

Mr. DiGiacomo (13:44):

And did Rodney have a nickname?

Wade Lee (13:47):

Speedy.

Mr. DiGiacomo (13:50):

During the time period that you're doing this investigation... Well, let me ask you this. As part of Project Safe Streets, as well as being assigned to the Watts area, were you aware of the various gang sets and their location?

Wade Lee (14:08):

Yeah. While our squad was working that investigation on Grape Street, you always would have crossover in other areas. For example, in Watts, there were three main housing project areas. Each of them had fairly prominent gang organizations, as well as gangs that came up from the Compton area and other parts of South Central Los Angeles.

(14:35)
So, there was usually crossover, whether it's from drug activity or other gang violence, things like that.

Mr. DiGiacomo (14:42):

And you mentioned one of them, the Jordan Downs.

Wade Lee (14:44):

Yes.

Mr. DiGiacomo (14:49):

What type of gang activity was going on in the Jordan Downs?

Wade Lee (14:53):

So, Grape Street Crips operated out of Jordan Downs housing projects, and they basically controlled that whole housing project as far as the drug trafficking, violent activity, and things of that nature.

Mr. DiGiacomo (15:05):

If somebody were hiding out from Blood gang members hunting him, and he was a Crip, obviously, would it be safe for him to be inside the Jordan Downs?

Wade Lee (15:17):

Yeah. From other rival gangs and things of that nature, yes. Generally speaking.

Mr. DiGiacomo (15:23):

You mentioned that Mr. Davis had a cousin, who I'm going to call Speedy. At some point, do you wind up learning information that allows you to arrest Mr. Davis for some criminal offenses?

Wade Lee (15:41):

Yes. Part of our investigation while we were up on Mr. Blackmon, there was a period of time when Mr. Davis actually was staying with Blackmon. It was actually after the Tupac Shakur murder. During the course of our investigation of the Grape Street Crips and of Blackmon and things like that, we were able to obtain information and evidence to develop a case against Mr. Davis.

Mr. DiGiacomo (16:18):

And can you describe the general allegations of the case?

Wade Lee (16:22):

It was drug trafficking, two kilos. He was indicted and arrested for selling two kilos of cocaine.

Mr. DiGiacomo (16:31):

And the type of evidence you had against Mr. Davis, what was it?

Wade Lee (16:38):

Most of it was telephone conversation intercepts from wiretaps, court authorized wiretaps.

Mr. DiGiacomo (16:44):

And based upon the charges, ultimately, do you indict Mr. Davis for some crimes related to drug trafficking?

Wade Lee (16:52):

Yes. He was indicted, arrested, and then eventually pled guilty.

Mr. DiGiacomo (16:59):

The type of sentence Mr. Davis was facing when he was indicted - what kind of ranges are we talking for those kinds of charges?

Wade Lee (17:10):

I believe it was around somewhere in the nature of 10 years initially, but it varies depending on the individual's prior criminal history, whether they were felony convictions, drug trafficking offenses, and things of that nature. It also varies depending on the type of drug that the individual might have been accused of trafficking.

(17:34)
Back then, at that time period, the federal sentencing guidelines, there was a difference in sentencing for rock cocaine, crack cocaine versus regular powdered cocaine, and things of that nature. And he was indicted for trafficking two kilos of powder cocaine.

Mr. DiGiacomo (17:58):

As part of that investigation, does there come a point in time when you do what's known as a proffer with Mr. Davis?

Wade Lee (18:07):

Yes, we did.

Mr. DiGiacomo (18:09):

And describe for the ladies and gentlemen of the jury what a proffer is.

Wade Lee (18:13):

So, a proffer interview session would be, it's usually considered... It's a fairly common practice, particularly in the federal criminal justice system, where we have an individual who has been indicted and arrested. And it is the beginning of a negotiation for a plea agreement, if you will. What we do is the US Attorney's Office, the defendant, and the defendant's attorney, they all agree to conducting an interview with the FBI. The terms of that agreement are such that the defendant has to be open and candid, tell the truth regarding the questions that we ask him. In return, the FBI Department of Justice will not use what the defendant says in that proffer session against him in this case-in-chief that we have him charged with. There are a couple of little caveats. One being that if during trial the defendant goes on to make statements that contradict what he said in that proffer session, at that point, it violates it and we can use his statements against him.

(19:38)
Those are generally the nature. And then also, we agree to keep the nature of the interview confidential.

Mr. Sanft (19:44):

Your Honor, may we approach?

Judge (19:44):

Yeah.

(19:44)
All right, Mr. DiGiacomo, you may proceed.

Mr. DiGiacomo (21:35):

When you had your 1998 proffer with Mr. Davis, well, first of all, were you by yourself, or did you have your partner, Todd Holiday, with you?

Wade Lee (21:48):

Todd Holiday attended, as well as the Assistant United States Attorney, along with the attorney for Mr. Davis, who were also there.

Mr. DiGiacomo (21:57):

And what was his name?

Wade Lee (21:58):

If I refer to my notes...

Mr. DiGiacomo (22:02):

I have what's marked as State's Proposed Exhibit 46. I know you've got a copy there.

Wade Lee (22:07):

Okay. That's fine.

Mr. DiGiacomo (22:08):

How about we use the one that I have marked, and I'll take these back from you?

Wade Lee (22:09):

Sure. Great.

Judge (22:14):

Did reviewing those notes refresh your recollection as to the name of his attorney?

Wade Lee (22:19):

Yes. Edi Faal.

Judge (22:23):

Okay. After reviewing that, has your recollection been refreshed?

Wade Lee (22:28):

Oh, yes. I'm sorry. I apologize.

Judge (22:28):

And that's Edi Faal?

Wade Lee (22:28):

Yes.

Judge (22:28):

Understood. You may proceed.

Mr. DiGiacomo (22:31):

First of all, let me ask this. Up until you were contacted sometime this year, have you maintained the confidentiality of this conversation that you had with Mr. Davis?

Wade Lee (22:46):

Yes.

Mr. DiGiacomo (22:48):

And as far as you're aware, your partner, Todd Holiday, also maintained the confidentiality of it?

Wade Lee (22:55):

Yes, as far as I know.

Mr. DiGiacomo (22:56):

And before you hit the stand today, or sometime last week or the week before, at some point, the US Attorney's Office issued a letter authorizing you to testify to these two conversations you had with Mr. Davis?

Wade Lee (23:15):

Yes. Referring to the Tuey letter, yes.

Mr. DiGiacomo (23:18):

And that's a requirement that state prosecutors have to get permission from the federal government to allow you, as an agent or former agent, to testify to actions you took in your official capacity as a federal law enforcement officer?

Wade Lee (23:34):

Yes. Regarding those two interviews, yes.

Mr. DiGiacomo (23:39):

How is your proffer with Mr. Davis documented?

Wade Lee (23:46):

Usually we use the standard FBI reporting mechanism, which is an FD-302 report.

Mr. DiGiacomo (23:52):

And that is essentially a report that lays out the information you receive. There is no audio recording of that particular conversation?

Wade Lee (24:01):

That's correct.

Mr. DiGiacomo (24:03):

And is there an FBI-302... What's in front of you? And I forgot the number. Is it 146?

Wade Lee (24:11):

146.

Mr. DiGiacomo (24:15):

146. Is that a fair and accurate copy of the description of the conversation that you were a part of with Mr. Davis on July 16th of 1998?

Wade Lee (24:30):

Yes, it is.

Mr. DiGiacomo (24:31):

Move to admit 146.

Judge (24:32):

How many pages is that?

Mr. DiGiacomo (24:38):

Nine.

Mr. Sanft (24:39):

No objection, Your Honor.

Judge (24:39):

So admitted.

Mr. DiGiacomo (24:42):

Now, I'm not going to have you go through everything that was in there, but what is your purpose in talking to Mr. Davis in the proper session?

Wade Lee (24:53):

Well, the purpose is to glean as much information as we can regarding what he knew, or knew at the time, regarding gang, drug, and violent activity going on within the Watts and Compton areas.

Mr. DiGiacomo (25:10):

Were you investigating directly at least the Tupac Shakur murder?

Wade Lee (25:19):

Not directly. We weren't assigned. We were working our normal gang activity investigations. However, it was known to us that Mr. Davis was a person of interest regarding that homicide.

Mr. DiGiacomo (25:34):

And so during this proper session, you asked him questions about that as well?

Wade Lee (25:38):

Yes, we did.

Mr. DiGiacomo (25:40):

Going to go through 146 in front of you. And actually, I can roll it up here on the screen for you. It would help if I plugged the computer in. So, that's what the front page of this 302 says is confidential, and it has the date and a description of who the people that are present for this particular proffer are.

Wade Lee (26:30):

That's correct.

Mr. DiGiacomo (26:32):

The very first part of the interview, and let's close that, you have a discussion with Mr. Davis about an individual called Zip. Tell us what he tells you about this individual, Zip, initially.

Wade Lee (26:58):

Initially, that Zip was an individual from New York who was a pimp who controlled girls, numerous girls and sold marijuana. He did mention that Zip was involved in PCP trafficking, and that Davis, at one point, arranged for an individual by the name of Patrick Bernard to give Zip some PCP. So, Zip came from New York to LA to conduct the transaction.

Mr. DiGiacomo (27:31):

Did he also mention how he met Zip?

Wade Lee (27:34):

Yes. He said he met Zip at a baseball game somewhere in approximately 1993 or 1994. There was an individual named Fats who was also at the game that introduced Davis to Zip.

Mr. DiGiacomo (27:50):

And then he talks to you a little bit about who Fats is.

Wade Lee (27:54):

Yeah. Fats was a large cocaine supplier who operated in the West Side of LA. He was also known as Flint. Davis associated with Fats prior to 1994 up until basically the time, I guess, where Fats was arrested and taken into federal custody.

Mr. DiGiacomo (28:16):

I'm going to skip past some Fats. Part of this conversation, a person by the name of Wayne Day comes up. Do you know who Wayne Day is?

Wade Lee (28:31):

Yes. Wayne Day was actually arrested by an individual on the squad that I worked on the Safe Street Task Force. He was a large-scale drug dealer and drug trafficker in the Watts area and Compton with the Grape Street Crips.

Mr. DiGiacomo (28:46):

And does Davis describe his relationship as it relates to Mr. Day?

Wade Lee (28:53):

Yes. He mentioned that they were related, that Davis had an uncle who was the uncle of Wayne Day, is how he described it.

Mr. DiGiacomo (29:10):

And then there is a conversation in this next paragraph where Mr. Davis makes mention of Mr. Day having Compton sewn up. What does sewn up mean?

Wade Lee (29:24):

Well, in terms of having control of all the drug trafficking in that specific area. And actually, agents mentioned to him, it said that Wayne Day had Compton sewn up. And Mr. Davis said actually, that he had part of Compton sewn up; that he didn't have the South Side part that Davis operated in.

Mr. DiGiacomo (29:51):

And then does he tell you what his role is in the South Side part of Compton as it relates to drug trafficking?

Wade Lee (30:01):

When you say he, you're referring to-

Mr. DiGiacomo (30:03):

Mr. Davis, sorry.

Wade Lee (30:01):

When you say he, you're referring to-

Mr. DiGiacomo (30:03):

Mr. Davis, sorry.

Wade Lee (30:05):

That Mr. Davis had that side of Compton handled as far as the drugs.

Mr. DiGiacomo (30:11):

And did he talk to you about who handled the north side of Compton?

Wade Lee (30:15):

Yes, he did. It was an individual who was a former Compton PD officer by the name of Reggie Wright, Jr.

Mr. DiGiacomo (30:21):

All right. I'm going to drop down a little bit here to the part where he talks to you about both him and Mr. Blackman being major suppliers in the Jordan Downs Housing Project in Watts.

Wade Lee (30:44):

That's correct.

Mr. DiGiacomo (30:45):

And then he begins to talk to you about the start of Death Row Records.

Wade Lee (30:52):

Yeah. Again, that was all part of the overall investigations that we were looking at as far as the gang activity and things of that nature. And he mentioned there was an individual by the name of Harry-O that provided money to start the Death Row Records. Also, what was his name? I believe Patrick Johnson provided approximately $80,000, actually told Davis to give $80,000 of that money that Davis owed to Johnson from previous gang transactions to Johnson's girlfriend so that money could be used to start Death Row Records.

Mr. DiGiacomo (31:39):

And he also explains Marion Suge Knight's role and his connection to the Blood gang members.

Wade Lee (31:48):

Yes, he did. He said that Marion Knight had gained control of the North's constant drug trade and that he was associated with a bunch of the Blood street gang members like the Mob Pirus and such. And that Knight was getting them out of jail, bailing them out, and they would cooperate with Knight.

Mr. DiGiacomo (32:14):

And basically when Knight goes to prison, he tells you Reggie Wright kind of takes over.

Wade Lee (32:19):

Yeah, Reggie Wright Jr. took over the organization after Suge Knight was arrested.

Mr. DiGiacomo (32:29):

You already mentioned Harry-O, but Davis claims to actually be involved in the delivery of some of the money associated with the startup of Death Row Records.

Wade Lee (32:40):

Yes.

Mr. DiGiacomo (32:52):

Jump down. I'm going to start, you'll see at the top there you asked him about his prior relationship with Mr. Knight prior to the murder of Tupac Shakur. Do you see that paragraph there?

Wade Lee (33:10):

Yeah. I mean, Davis said that he told us that he never had any issues with Suge Knight or any of those individuals prior to the incident in Vegas with the killing of Mr. Shakur.

Mr. DiGiacomo (33:27):

And Mr. Davis goes on, and I'm going to skip down just a little bit, but he basically accuses two Compton Police Department officers, Sergeant Reynolds and Lieutenant Reggie Wright Sr., the father of Reggie Wright Jr., as basically being corrupt officers.

Wade Lee (33:44):

Yes, yeah. That Reggie Wright Sr. was a lieutenant with Compton Police Department, and then Reggie Wright Jr. was a former officer with the police department. He had then started a company called Rightway Security. And then he was working with Suge Knight doing security, although some claimed it wasn't on an official capacity, for Death Row Records looking at the parties and such and things like that. And Rightway Security, they would employ Compton PD officers and things of that nature to conduct their business for Mr. Knight.

Mr. DiGiacomo (34:27):

And he also mentions Omar Bradley. Who's Omar Bradley?

Wade Lee (34:32):

Omar Bradley's former mayor of Compton, the city of Compton. He mentions Mr. Bradley saying that he was associated with Knight and the other Blood Piru gang members.

Mr. DiGiacomo (34:46):

Skip through the part ... Top of page four, he provides information, or at least asserts that Reggie Wright Jr. is selling, distributing drugs out of a particular location, and even named some people that are helping with that.

Wade Lee (35:07):

Yes. He stated that Reggie Wright Jr. had a drug distribution location, an automatically-body shop called Untouchables. That was located at the corner of Alandra and Washington in the city of Compton. The shop was owned by an individual by the name of Melvin Herd. And then Herd, a guy by the name of G-Ray and Jim helped distribute cocaine from the shop.

Mr. DiGiacomo (35:39):

He also mentioned some people that worked for Reggie Wright Jr. and assisting in the cocaine distribution.

Wade Lee (35:46):

Yes. He stated that Reggie Wright Jr. had an individual by the name of Mob James, who was a member of the Mob Piru street gang, individual named Flip, who distributed out of a shop location on Compton Boulevard and Harris. There was an individual known as Buntry. But at the time we wrote it out as Bumptree, but we believe that actually was an individual known as Buntry, Montreal or-

Mr. DiGiacomo (36:22):

Alton McDonald?

Wade Lee (36:23):

Yes.

Mr. DiGiacomo (36:24):

Buntry, B-U-N-T-R-Y?

Wade Lee (36:26):

Yes. Alton McDonald, who was the brother of Mob James, which is James McDonald. Also another individual named Trevon Lane, who was a Mob Piru gang member, and then Kevin Woods.

Mr. DiGiacomo (36:43):

And then, they can read this themselves, but at some point he talks about an incident that occurs at a neighborhood mall involving a person named Marcus. What does he tell you about that?

Wade Lee (37:03):

Yeah, this is a few weeks before the murder of Tupac Shakur. This individual, Marcus, who was a South Side Crip, was at a mall by himself. Several Blood street gang members attacked him and started beating him up. Then an individual, Mr. Orlando Anderson, who was the cousin or nephew of Mr. Davis, observed what was happening and went in to help Marcus. And they beat up and fended off the other gang members.

Mr. DiGiacomo (37:41):

And then, he moves on to describe the incident at the MGM Casino the night of Mr. Shakur's murder.

Wade Lee (37:50):

Yes, he did.

Mr. DiGiacomo (37:51):

And what did he tell you?

Wade Lee (37:53):

He told us the day of the murder of Tupac Shakur that some Blood street gang members saw, at night, they saw Orlando Anderson. They attacked him because the previous incident at the mall. After the attack, Mr. Davis, Anderson, Orlando Anderson and their girlfriends went back up to their hotel room at the Excalibur Hotel, and he said that was it. They didn't have any involvement, they stayed in the room the rest of the night.

Mr. DiGiacomo (38:32):

He tells you that the room was in Anderson's name.

Wade Lee (38:34):

Yeah, the room was in Anderson's name, that they had driven up to Vegas from the LA area in a Land Cruiser, and that they had some other associates, Corey Edwards, Kevin Davis, Terry Brown, AKA Bubble Up, Big Dre and Wynn also traveled to Las Vegas. They stayed at the MGM.

Mr. DiGiacomo (38:56):

And he repeatedly denies to you knowing who killed Tupac Shakur?

Wade Lee (39:00):

Yeah. He said they didn't have any knowledge of what happened, that they weren't involved. He did later speculate that maybe it was some Compton police officers that were working for Suge Knight, and that maybe it was because he had heard that Tupac was talking about possibly leaving Death Row Records or something to that effect.

Mr. DiGiacomo (39:24):

His suggestion was that perhaps Knight, who's driving the car, had Compton police officers shoot Tupac in the car Suge was driving?

Wade Lee (39:33):

Yes, something to that effect.

Mr. DiGiacomo (39:38):

Okay. I'm going to keep rolling down here. He gets back at page five to talking about Zip. Well, he talks about Zip and how he becomes associated with the Notorious B.I.G.

Wade Lee (39:58):

Yeah. He said that back in '93, '94, Zip introduced Davis to Notorious B.I.G at Summer Jam concert. And Davis would associate with Notorious BIG when he was in LA area, but they had never had any drug connections or anything like that.

Mr. DiGiacomo (40:21):

He tells you that he was actually at the Peterson Automotive Museum the night Mr. Wallace was killed?

Wade Lee (40:28):

That's correct, yes.

Mr. DiGiacomo (40:30):

And then he saw some, at least people associated with Death Row Records, at that location.

Wade Lee (40:37):

Yeah. He told us that prior to that, the night of the murder Davis observed some females associated with Death Row Records at the party. He said like Jewel, a singer, Lashelle, a comedian for Death Row. And Davis believes that they saw Mr. Wallace at the event and then called Blood gang members to come. Davis did say he observed Reggie Wright Jr., DJ Quik, who was a performer for Death Row, Theo, a local disc jockey, and about 10 or 11 other Tree Top, Fruit Town Blood gang members arrive at the event. Davis told Mr. Wallace that they were there and they should watch out. And then shortly thereafter, Mr. Wallace was shot. But Davis wasn't there, he didn't see who actually shot him.

Mr. DiGiacomo (41:34):

But once again, he tells you that he believes that Reggie Wright Jr. and Blood gang members are the people that killed Mr. Wallace.

Wade Lee (41:45):

Yes, he said he believed that Reggie Wright Jr. and the Blood gang members associated with him were the ones responsible for killing Notorious B.I.G. When asked who the individual was who actually killed him, based off of. There was a composite drawing that had been provided and was kind of passed around, so we showed him that. Davis responded that composite looked just like Reggie Wright Jr.

Mr. DiGiacomo (42:16):

Do you remember the day that you arrested Mr. Davis on the indictment?

Wade Lee (42:24):

Yes.

Mr. DiGiacomo (42:25):

What day was that?

Wade Lee (42:27):

I believe it was May 28th, '98, 1998.

Mr. DiGiacomo (42:32):

And was it the day before the Orlando Anderson's killed in his own shootout-

Wade Lee (42:37):

Yes.

Mr. DiGiacomo (42:37):

... in California?

Wade Lee (42:38):

Yes.

Mr. DiGiacomo (42:40):

And Mr. Davis talks to you a little bit about that, without going into the specifics, but he talks to you a little bit about how Mr. Anderson wound up dying.

Wade Lee (42:48):

Yes, he did.

Mr. DiGiacomo (42:54):

And thereafter, and I'm not going to go through all of these, he initially denies distribution out of state, but eventually talks to you about a lot of different locations engaged in distributing cocaine.

Wade Lee (43:09):

Yeah. I mean, we asked him to discuss all the individuals out of state who he supplied cocaine to, and all the local individuals he supplied and distributed to. He initially said that he hadn't distributed out of state to anyone or knew of anyone who did it within the last three years. But then he went through and we started asking about specific individuals, and he would provide more details and information about who he had supplied and what he had supplied, and the details.

Mr. DiGiacomo (43:46):

One of the people he talks about is Primo?

Wade Lee (43:50):

Yeah, yes. Primo was an individual that he bought cocaine from, like his supplier of kilos of cocaine. Anywhere from 11,500 to 12,500 a kilogram. Primo fronted Davis at one point up like 200 kilos of cocaine at a time, and then Davis would go out and sell it and then pay Primo back.

Mr. DiGiacomo (44:21):

He also mentions Corey Edwards getting drugs from Mr. Davis, and being out in Ohio and distributing cocaine in Ohio.

Wade Lee (44:36):

Yes. Davis said that at that time, back when we were interviewing him in '98, up until about three years prior that he was applying Corey Edwards, who was selling cocaine all over Ohio. He said at one point Edwards got into some trouble with his Cleveland drug contact, and that just started coming out to acquire cocaine directly from Davis. That was an individual named Bubs, who resided in Cleveland.

Mr. DiGiacomo (45:15):

Eventually he describes how Primo goes back to Columbia and he gets a new supplier by the name of Samuel Lopez.

Wade Lee (45:27):

So yeah, Primo, I guess departed the U.S., so he had to start selling cocaine in smaller quantities. And he came across a supplier by the name of Samuel Lopez, whose brother was actually in federal custody. Then Davis had heard that Samuel Lopez went back to Mexico after the FBI attempted to arrest him. And then I guess there was a younger brother or another Lopez, George Lopez used to answer the phone for Samuel Lopez at the time.

Mr. DiGiacomo (46:00):

And I'm not going to go into this, but there was a discussion of someone named Dupree, but that guy's full name was Azelle Dupree Hall III, correct?

Wade Lee (46:10):

Yes, that's correct.

Mr. DiGiacomo (46:18):

He talked specifically about the phone calls that you were playing for him that you had captured him on the wire?

Wade Lee (46:25):

That's correct.

Mr. DiGiacomo (46:32):

Oh. At the very end, he denies that he's the leader of the South Side Crips and claims Darnell Brim is actually the leader of the gang.

Wade Lee (46:41):

Yes. Yeah. Even though he had said that he was large scale, basically a drug trafficker on that South Side of Compton, that Darnell Brim was actually the head of the gang, if you will.

Mr. DiGiacomo (46:57):

Okay, now I want to move on. Shortly after that conversation that you had with Mr. Davis, did he enter a guilty plea to some charges and get sentenced to 70 months in federal prison?

Wade Lee (47:13):

Yes, he did.

Mr. DiGiacomo (47:14):

That's a little less than six years. So, he got some benefit from talking to you from what the-

Wade Lee (47:22):

Yeah. I don't know if it was 70 months. It might've been 77 months. 70 or 77 months, I don't recall specifically.

Mr. DiGiacomo (47:32):

Judge, I have in my hand, it says it's admitted but I don't remember offering it, a certified copy of the indictment, the plea, and the judgments of conviction in United States District Court for the Central District of California, case CR-98537, evincing his-

Judge (51:00):

Can I have the parties approach?

(51:00)
All right. That apparently was admitted as 75, but it will be admitted formally as 75. Additionally, ladies and gentlemen, you have heard and will continue to hear testimony regarding drug trafficking, conspiracy, gang affiliation, as well as a federal conviction of Mr. Davis's. These are not offered to show that Mr. Davis has a propensity to commit crimes. Instead, they are offered to establish credibility of the statements made by defendant in relation to this case, as well as motive and identity. Mr. DiGiacomo, you may proceed.

Mr. DiGiacomo (51:34):

Thank you, Judge. Now, after Mr. Davis goes to federal prison-

Judge (51:40):

Hang on one second. They're not offered to show propensity to commit crime, and you are not to consider them for any propensity that Mr. Davis has any propensity to commit crimes. You may proceed, Mr. DiGiacomo. Sorry, I appraised that one.

Mr. DiGiacomo (51:54):

Subsequent to Mr. Davis going to prison, do you and your partner, Todd Holiday, go to federal prison and have just a voluntary conversation with Mr. Davis?

Wade Lee (52:08):

Yes, we did. We went to the-

Mr. DiGiacomo (52:11):

Is that situation different than the proffer situation?

Wade Lee (52:16):

It is in that, again, it's a strictly voluntary interview. His attorney, the U.S. Attorney's Office were notified of us contacting him because he's in custody. But the terms of the proffer, it's not the same as the proffer agreements. It's just a normal regular interview.

Mr. DiGiacomo (52:37):

But once again, you do promise him confidentiality during that conversation?

Wade Lee (52:42):

Yes, we did.

Mr. DiGiacomo (52:43):

And up until the U.S. Attorney authorized you, you maintained that confidentiality?

Wade Lee (52:49):

That's correct.

Mr. DiGiacomo (52:51):

I'm showing you what's been marked as State's Proposed Exhibit number 149. Is that the 302 that describes that particular conversation?

Wade Lee (53:01):

Yes, it is.

Mr. DiGiacomo (53:01):

Move to admit 149.

Judge (53:01):

Any objection?

Mr. Sanft (53:05):

No objection, Your Honor.

Judge (53:05):

So admitted.

Mr. DiGiacomo (53:08):

And I'm going to put that one up on the screen. Can you tell me the date that that occurred?

Wade Lee (53:18):

The interview? Let's see here. April 15th, 1999.

Mr. DiGiacomo (53:28):

Okay. And the report's generated on April 20th of 1999-

Wade Lee (53:30):

That's correct.

Mr. DiGiacomo (53:31):

Okay. You begin the conversation with him talking about Mr. Anderson and his death. Is that fair?

Wade Lee (53:42):

Yes, that's correct.

Mr. DiGiacomo (53:45):

And then, Mr. Davis tells you he's not aware of any motive for why Blood gang members or individuals associated with Death Row Records would've wanted to kill Anderson.

Wade Lee (54:01):

That's correct.

Mr. DiGiacomo (54:07):

And then, he repeats that he had nothing to do with either Tupac Shakur or Christopher Wallace's murder.

Wade Lee (54:21):

Yes. Yeah, he said that himself and Mr. Orlando Anderson were not involved in the shooting death of Tupac Shakur, and as well as anybody else that he was associated with. And with Tupac or Mr. Christopher Wallace, Notorious B.I.G.

Mr. DiGiacomo (54:42):

Does he speculate again as to who would've been involved in these two murders?

Wade Lee (54:52):

He told us he didn't know who killed the two rap stars, but that he believed individuals from New York associated with Puffy Combs or individuals associated with Death Row Records could have killed Shakur, and that individuals associated with Death Row Records killed Mr. Wallace.

Mr. DiGiacomo (55:09):

And then, he talks a little bit of the gang war that occurs shortly after the murder of Tupac Shakur.

Wade Lee (55:23):

Yes. Basically, he said that there was a conflict in between Davis and Mr. Marion Knight that resulted as a result of the shootings, that there was basically a war going on between South Side Compton Crips and Compton Blood Piru gang members stemming from the mall to altercation with Marcus Nunn and Orlando Anderson, other members of South Side Compton Crips, along with the Compton Blood gang members.

Mr. DiGiacomo (55:56):

And he claims the reason that people believe that Orlando Anderson is the killer is that he asserts the Compton Police as telling people that?

Wade Lee (56:07):

That's correct. He made comments that he believed that Compton PD members were putting out rumors that Orlando Anderson and them were involved.

Mr. DiGiacomo (56:22):

Do you confront him about Mr. Anderson, the attack, and him being upset about that particular attack?

Wade Lee (56:34):

Well, I mean, we asked him about that, about the whole escalation of incidents because of the gang activity, the incident at the mall then at the MGM Grand, then obviously the shooting of Tupac and things of that nature. Mr. Davis said that Davis and Anderson were upset after the casino's attack on Anderson, but they weren't going to strike back with so many police officers around, that they would've struck back once they returned to Compton.

Mr. DiGiacomo (57:03):

So, he indicates to you that he's angry enough to do it, it's just he planned on doing it back in Compton instead of in Las Vegas.

Wade Lee (57:13):

Yeah, if they were, but apparently it was because of a police presence in the area, something to that nature.

Mr. DiGiacomo (57:23):

I'm not going to go through all the rest of this. The jury can read the rest of this. Let me just check the very bottom. Oh, thank you, Agent. That completes my questions.

Judge (57:40):

Okay. Mr. Sanft, cross-examination.

Mr. Sanft (57:44):

Thank you, Your Honor. It's no longer special agent, or it's still special agent?

Wade Lee (57:55):

Either way is fine.

Mr. Sanft (57:56):

All right. We'll stick with Special Agent Lee.

Wade Lee (58:07):

Okay.

Mr. Sanft (58:07):

All right. Now, sir, fair to say working for the FBI would've been something of an honor, I would imagine, working for an organization like that?

Wade Lee (58:20):

Yes.

Mr. Sanft (58:22):

Fair to say, of course, that working for the FBI, I would imagine that other people would consider that to be the creme de la creme of investigation throughout our entire country?

Wade Lee (58:35):

Yeah, some people would consider that, yes.

Mr. Sanft (58:37):

You put on seminars for law enforcement agencies throughout the country to help them with their investigative efforts to help them become better police officers and detectives. Fair?

Wade Lee (58:47):

You're talking about me specifically?

Mr. Sanft (58:48):

No, no. Well, you as the FBI.

Wade Lee (58:50):

Oh, okay. Yes, yes.

Mr. Sanft (58:51):

And with regard to that, have you ever gone to Compton Police Department to learn how they do their investigative techniques to make yourself or your agency a better agency, or yourself as a better special agent?

Wade Lee (59:06):

I'm sorry, could you repeat?

Mr. Sanft (59:07):

Have you ever gone to Compton Police Department to see how they do their investigation to become a better agent yourself?

Wade Lee (59:13):

No, I did not, sir.

Mr. Sanft (59:15):

All right. And once again, with regards to what you do as the FBI, you're very specific in your task, right? Your task is whenever there's a violation of federal law, for instance, you're the agency that would be tasked.

Wade Lee (59:27):

I'm sorry.

Mr. Sanft (59:27):

That's all right. Yeah. With regards to federal law, if there's a violation of federal law, you're the agency that typically would be tasked with the investigation, right?

Wade Lee (59:39):

Correct.

Mr. Sanft (59:40):

Now, we talked a little bit about the 302s in this case. And the 302, just for the jury's edification, when you say it's sort of a means, it's really just a piece of paper and a pen, right?

Wade Lee (59:53):

It's a report.

Mr. Sanft (59:54):

Right. And so, you are writing out what your impressions or recollection was of a specific event it or time, right?

Wade Lee (01:00:02):

Correct.

Mr. Sanft (01:00:03):

So, if you're-

Mr. Sanft (01:00:00):

... or time, right?

Wade Lee (01:00:02):

Correct.

Mr. Sanft (01:00:03):

So if you're sitting in a room and we're having a conversation, you would note in your report who's in the room and what your impressions were of what was said and who said what, right?

Wade Lee (01:00:14):

Correct.

Mr. Sanft (01:00:15):

Now, of course, juries here would be curious. We have recorders now, back in 1996, 1998 in this case. Recorders were available to the FBI, but of course that's not how you do your job.

Wade Lee (01:00:32):

The use of recordings for the FBI, they were not standard policy and procedure for the FBI at that period of time.

Mr. Sanft (01:00:43):

Yeah. And you've retired since what, five years ago?

Wade Lee (01:00:46):

Yes.

Mr. Sanft (01:00:47):

During that time period, has it changed in terms of that policy with the FBI?

Wade Lee (01:00:52):

During the time period that I've been retired?

Mr. Sanft (01:00:55):

Right. No, up until the time that you retired. Has the policy changed?

Wade Lee (01:00:58):

The standard procedure is no, not to record.

Mr. Sanft (01:01:01):

Right. And so as a result of that, any recording that's done is typically not what the FBI does, right? You still focus on pen to paper recollection onto a 302?

Wade Lee (01:01:10):

Yes.

Mr. Sanft (01:01:12):

Okay. And so in terms of how you do it, the 302s that we read or at least saw put into the record is the work that you recall, your partner recalls during the course of an investigation?

Wade Lee (01:01:27):

Of that event, yes.

Mr. Sanft (01:01:30):

Okay. Now, in terms of the task force here, we talked a little about the task force, Project Safe Streets. Is that what it was? Yes?

Wade Lee (01:01:40):

Yes.

Mr. Sanft (01:01:42):

Can you tell the jury a little bit of what that project was about?

Wade Lee (01:01:45):

The Safe Streets Task Force?

Mr. Sanft (01:01:47):

Yes.

Wade Lee (01:01:48):

So it's a compilation of multi-agencies directed to address gang activity within specific areas. So the Safe Streets Task Force Initiative is a national initiative, but then there are fundings and directives that are sent to specific areas to address areas of high crime committed by gang activity.

Mr. Sanft (01:02:16):

Okay. And I would imagine gang activity would include violent crimes.

Wade Lee (01:02:21):

Right.

Mr. Sanft (01:02:22):

As well as say in this case, drug dealing.

Wade Lee (01:02:25):

Drug trafficking, yes.

Mr. Sanft (01:02:26):

As long as it's associated with gangs?

Wade Lee (01:02:28):

Yes, primarily so. Yeah.

Mr. Sanft (01:02:30):

Because of course you do have the DEA that also runs their own investigations as well.

Wade Lee (01:02:35):

DEA, ATF. Yeah, we work with them.

Mr. Sanft (01:02:38):

Now in terms of about this task force, can you tell us at the time when you were operating on it, who was on the task force?

Wade Lee (01:02:47):

Oh, I mean, there were several agencies. In terms of specific agencies?

Mr. Sanft (01:02:54):

Well, just in terms of your working with other people, do you recall at all who it was that was working on the task force with you at that time?

Wade Lee (01:03:02):

Well, there were members of Los Angeles PD. We had, I believe there was ATF. So there was multiple aspects of the task force. So different squads had different elements working depending on what cities they were in. So we would have Inglewood PD, Compton PD, LA County Sheriffs, LAPD, DEA, ATF. I believe we even had postal inspectors that might be involved. There's just a myriad of different agencies.

Mr. Sanft (01:03:44):

Sure. Can you tell us who from the Compton Police Department was part of your task force?

Wade Lee (01:03:49):

Our specific task force, the squad that I was on with Mr. Holiday, we did not have an element from Compton PD.

Mr. Sanft (01:03:55):

Why was that?

Wade Lee (01:03:56):

Because we were working in an area that was in Watts, in South Central Los Angeles. So we had LAPD elements, LA County Sheriffs.

Mr. Sanft (01:04:04):

So one of the things that we saw today was that one of the individuals that potentially was somebody of interest, I would imagine to you, was a police officer from Compton by the name of Reggie Wright Jr.

Wade Lee (01:04:19):

Well, he was a former police officer. There was Reggie Wright Sr. who was his father.

Mr. Sanft (01:04:24):

Okay. So your work in Inglewood and this other area, I would assume that that information with regards to Reggie Wright Jr. would've been sent to whoever it is that was working that particular area of LA?

Wade Lee (01:04:36):

Of Compton. There was a different squad that would work in Compton. Yes.

Mr. Sanft (01:04:40):

Can you tell us who that squad was?

Wade Lee (01:04:45):

What do you-

Mr. Sanft (01:04:45):

Who was in that squad?

Wade Lee (01:04:46):

Yeah, the agents or-

Mr. Sanft (01:04:49):

Yeah.

Wade Lee (01:04:49):

To be honest, I don't... Well, I mean, some of the agents I recall.

Mr. Sanft (01:04:57):

Do you know who that you can recall that was there?

Wade Lee (01:05:05):

At that specific time? I'm not... There was an Agent Elliot.

Mr. Sanft (01:05:15):

Mike Elliot? Michael Elliot?

Wade Lee (01:05:18):

He worked down there, yes.

Mr. Sanft (01:05:20):

And I don't want to strain you a little bit here.

Wade Lee (01:05:27):

Yeah. I mean, it's... Yeah. Well, for clarification, because over that time period, agents will change squads and things of that nature. I left the gang task force in 2003, and squads would move and change objectives. So who was working at that specific time? There may have been somebody at one period and then it changed or whatever over the course of time.

Mr. Sanft (01:05:51):

And would it be fair to say, of course, something like this, if you really need this information, you would've referred to a 302 to refresh your recollection if you had it?

Wade Lee (01:05:59):

Yes.

Mr. Sanft (01:06:01):

Okay. Now, in addition to that though, in terms of your role here, there was a proffer session that was conducted with my client, with Mr. Davis.

Wade Lee (01:06:11):

Yes.

Mr. Sanft (01:06:11):

And that proffer was set for July 16th, 1998. That's the exhibit. I don't know. I think it's that one right there. That's correct. Up in the top right-hand corner, do you see the date?

Wade Lee (01:06:24):

That was the date of the report.

Mr. Sanft (01:06:26):

Right. So it'd be dated July 16th.

Wade Lee (01:06:26):

It was actually July 14th was the date.

Mr. Sanft (01:06:30):

Oh, July... Okay. So even though the date says 16th on this, it would be the 14th?

Wade Lee (01:06:35):

Yes. Well, so there's a little bit like... Yeah, the date of... the 16th is the date of the report. Down at the bottom where it says 7/14/98, that's the date of the actual activity.

Mr. Sanft (01:06:48):

Okay. And you're meeting with Mr. Davis, and specifically you're meeting with him in terms of under the task force, which was gangs and whatever they're doing that's crime related to gangs. Is that what we're doing at this point under the Safe Streets Task Force?

Wade Lee (01:07:03):

Yes.

Mr. Sanft (01:07:04):

Okay. And so when you meet with Mr. Davis, there was an understanding at that particular point that, "Hey, whatever you're going to tell us, we're not going to prosecute you for." Is that what was happening on that date?

Wade Lee (01:07:17):

Under the proffer agreement, yes.

Mr. Sanft (01:07:19):

Okay. And that proffer agreement, of course, does require the approval of the United States Attorney's Office that would be responsible for that area, right?

Wade Lee (01:07:27):

Yes.

Mr. Sanft (01:07:28):

And in this case, that person would have been Assistant United States Attorney Michael Terrell.

Wade Lee (01:07:33):

Correct.

Mr. Sanft (01:07:33):

Was he present for that meeting?

Wade Lee (01:07:35):

Yes, he was.

Mr. Sanft (01:07:36):

Okay. So it's you, your partner, another FBI agent, as well as Special Agent Michael Terrell?

Wade Lee (01:07:44):

Assistant United States Attorney Mike Terrell.

Mr. Sanft (01:07:45):

I'm sorry. Assistant United States Attorney Michael Terrell. And in that meeting, there was an understanding between Mr. Davis and his attorney that whatever was going to be said was not going to be used against him?

Wade Lee (01:07:58):

Unless he came out and testified and said something that was contradictory to what he said in the proffer agreement, yes.

Mr. Sanft (01:08:06):

Sure. Now, once again, we're talking about the federal government here, right? So was there an actual proffer that was signed by the parties indicating the understanding that you're telling us right now in terms of what was the terms of the agreement?

Wade Lee (01:08:25):

My recollection is that there is, but that's maintained by the United States Attorney's Office.

Mr. Sanft (01:08:30):

Okay. And since we're talking about that particular proffer here today, fair to say that would be relevant information that we should be considering?

Wade Lee (01:08:40):

Could you repeat that?

Speaker 1 (01:08:40):

Objection to the form of the question. Calls for a legal conclusion.

Judge Carli Kierny (01:08:43):

Okay. Sustained. If you would rephrase.

Mr. Sanft (01:08:45):

So I want to make sure I'm clear here. We are talking about a proffer. You're telling us that there is an actual writing, a contract of some sort between yourself and Mr. Davis with regards to that proffer. Do you have a copy of it here today?

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