A federal judge on Monday ruled that certain lyrics from rapper Lil Durk will be inadmissible as evidence at his upcoming murder-for-hire trial, while leaving open the possibility of admitting others. The decision came after arguments from both the prosecution and defense regarding the use of Durk’s music as evidence of intent and motive in the case.
Durk, whose legal name is Durk Banks, is accused of orchestrating a plot to kill Quando Rondo, a rival rapper, in Los Angeles in August 2022. Prosecutors allege the plot stemmed from the 2020 murder of King Von, a close friend and artist on Durk’s Only The Family (OTF) record label, in Atlanta. The shooting intended for Rondo resulted in the death of Rondo’s cousin, Saviay’a Robinson.
Defense attorneys argued that admitting Durk’s lyrics would be prejudicial, characterizing them as hyperbolic “poetry” prone to misinterpretation by a jury. They contended that the sheer volume of lyrics the prosecution sought to introduce – from 12 songs, according to court filings – was excessive and unfairly targeted Durk’s artistic expression. Marissa Goldberg, representing Durk, told the court that her team had “never seen this amount of rap lyrics” offered as evidence in a criminal case.
U.S. District Judge Michael W. Fitzgerald agreed, at least in part, with the defense. He ruled that specific lyrics from the song “Hanging with Wolves,” in which Durk raps about evading a warrant, would be excluded. Fitzgerald stated the lyrics were “sheer propensity” – meaning they demonstrated a general character trait rather than specific intent related to the alleged crime – and therefore inadmissible. “Lyrics attempting to show Mr. Banks’ willingness to flee will be excluded from the trial,” he said.
However, the judge stopped short of barring all of Durk’s music from the trial. Assistant U.S. Attorney Ian Yanniello argued that the lyrics and accompanying music videos were crucial to demonstrating the relationships and motivations of key figures within OTF, and to illustrating a pattern of criminal activity. He specifically pointed to the video for “AHHH HA,” where Durk raps about retaliation following King Von’s death, arguing the visuals provided necessary context to the lyrics.
Yanniello argued that the lyrics, even in isolation, could be ambiguous, but the accompanying visuals clarified their meaning. He stated the material was necessary to illustrate the “core members of the alleged conspiracy.”
Durk was arrested in October 2024 near a Miami airport, allegedly while attempting to board a private jet bound for Italy. Prosecutors claim he was fleeing the country to avoid prosecution. Durk’s legal team maintains he was traveling for “business and spiritual reasons” in the Middle East.
The defense countered that prosecutors were “cherry-picking” inflammatory lyrics while ignoring other material that could portray Durk in a more positive light, such as his Grammy-winning song “All My Life,” which features imagery of family and community. Goldberg emphasized that artists routinely perform scripted lines that do not reflect their personal beliefs or actions, stating, “We would never say, ‘Because you said it and commercialized it, it should be used as evidence against you.’”
Judge Fitzgerald indicated he would issue a ruling soon on the defense’s broader request to exclude all lyrics and music videos. The trial is currently scheduled to begin April 21, though scheduling conflicts with co-defendants could lead to further delays. As he left the courtroom Monday, Durk acknowledged his supporters, including his father and wife, India Royale.
