David Roger: White Man'z World

Grand jury. What

is a grand jury? According to the American Bar Association (no liquor, but lots

of drunk lawyers) "the primary function of the modern grand jury is to

review the evidence presented by the prosecutor and determine whether there

is probable cause to return an indictment." Basically, the grand jury was

designed as a safeguard against tyrannical prosecutors, preventing them from

prosecuting in their own interests and not the people's.

Unfortunately, the grand jury hears only cases brought to it by the prosecutor.

And in the case of the murder of a hip-hop legend, one man, David Roger, has

decided that the people don't deserve to take a look.

I had the pleasure

of speaking with Mr. Roger, the District Attorney of Clark County, Nevada, and

absorbing some good 'ole fashioned prejudicial gibberish. As you will read for

yourself, selective prosecution was alive and well in this great land of ours

long before 9/11. The man who decides which Vegas hookers go to jail and which

get sent back to Hollywood seems a little apathetic about the Tupac Shakur murder

case. He just doesn't seem interested.

Well, all public

officials need to be encouraged once in awhile, prodded into actions deemed

necessary by the people they're sworn to serve. So if you feel the need to encourage

Mr. Roger to have a grand jury convened to investigate the murder of Tupac Shakur,

give him a call at (702) 455-4711 or send him an encouraging message at: rogerd@co.clark.nv.us

and remind Mr. Roger that he can't ignore this case any longer. 7 years is long



Did the Las Vegas Metro Police submit a report to your office with recommendations

as to what charges should be filed in the Tupac Shakur murder case?

David Roger: Not

that I'm aware of. I'm the present District Attorney, I took office January

6th, and so anything that happened in a prior administration would not be within

my knowledge. But I don't think they submitted a case to us.

Allhiphop: Why

then wasn't a grand jury convened in this case to see if there was enough evidence

to prosecute Orlando Anderson or anyone else for the murder of Tupac Shakur?

David Roger: We

use the grand jury primarily to present cases that we intend to seek indictments.

The procedure is that the detectives present us with their reports when they

believe that they have sufficient evidence to prove the case beyond a reasonable

doubt. We review the case and if we agree with their statement that there is

sufficient evidence, then we either file charges in Justice Court or we proceed

to a grand jury and we present the case to them. And it's my understanding that

they did not present a case to us. There was no evidence to present to a grand

jury. There are times when detectives will ask us to assist in the investigation

and subpoena witnesses to testify before the grand jury in its capacity as an

investigative division, but to my knowledge that did not occur.

Allhiphop: Since

you've been in the District Attorney's office have you ever had a grand jury

convened in a case where no suspect was clearly identified by the police?

David Roger: No


Allhiphop: Have

you ever prosecuted a murder case where there was no witness to the crime?

David Roger: No

witness to the crime?

Allhiphop: No witness

to the murder itself. Have you ever prosecuted a murder case where there was

no witness to the murder?

David Roger: If

you're asking me whether I have personally prosecuted a case where there are

no eyewitnesses to the murder but instead strong circumstantial evidence which

would suggest beyond a reasonable doubt that a person committed the crime, the

answer is yes. If you're asking me the broad question of whether I've prosecuted

a case where there are no witnesses period, the answer is no. As prosecutors

we have an ethical obligation to proceed only with those cases where we have

an abiding conviction in the truth of the matter, and that we know that we can

prove the case beyond a reasonable doubt. When you have a case with no witnesses

period, it's obvious that you can't prove the case beyond a reasonable doubt

and therefore there's no attempt to prosecute the case.

Allhiphop: Have

you ever been successful in a case like that, where there was no witness to

the murder, have you ever obtained a conviction in such a case?

David Roger: I

guess you need to clarify what you mean by no witness.

Allhiphop: Basically,

you have circumstantial evidence, but you have no person, no witness to the

actual murder itself that will get up in a court and testify.

David Roger: You

mean no eyewitness?

Allhiphop: No eyewitness.

David Roger: I

have prosecuted many circumstantial evidence cases.

Allhiphop: Have

you been relatively successful?

David Roger: Yes

I have.

Allhiphop: Did

you personally ever review the initial police report or any case file on Tupac

Shakur's murder?

David Roger: No.

Allhiphop: Did

anyone else to your knowledge within the DA's office review this case?

David Roger: Not

to my knowledge.

Allhiphop: Can

your office choose to prosecute in a case without a specific recommendation

from a police department?

David Roger: It's

rare that we get involved in investigations that are initiated by our office.

We rely on law enforcement to present complete, trial ready cases to us for

prosecution. We file approximately 22,000 felony cases each year and we don't

have the manpower to have our own investigative branch of the District Attorney's


Allhiphop: So basically

a majority of the time it is based on police recommendation?

David Roger: Correct.

Allhiphop: As I

understand it you were Deputy District Attorney at the time of the Tupac Shakur

murder correct?

David Roger: Yes.

Allhiphop: Were

you involved in any investigative element of that case via your position at

the time?

David Roger: No.

Allhiphop: Do you

believe that anyone will ever stand trial for the murder of Tupac Shakur?

David Roger: I'm

not familiar with the extent of the police department's investigation so I can't

answer that question.

Allhiphop: Basically

with these pieces we're trying to gather as much information that maybe you

haven't seen, and I was wondering if you wouldn't mind if once I've compiled

all of this if I could forward it to you?

David Roger: It

might be more appropriate for you to forward it to the homicide detectives.

Allhiphop: He's

actually going to see it as well, but I was wondering if that's against any

policy if I forward it to you?

David Roger: No,

that wouldn't be a problem, but I'm sure that there's going to be a follow-up,

"well, now that you've seen this, there's sufficient evidence to proceed

with the case," and I'm not going to give you an answer.