A federal judge has ruled that certain lyrics from Lil Durk’s repertoire will be inadmissible as evidence in his upcoming murder-for-hire trial, a development that represents a partial victory for the rapper and his legal team. However, the broader request to exclude all lyrics and music videos from the proceedings remains under consideration by U.S. District Judge Michael W. Fitzgerald.
The legal battle centers around allegations that Durk, whose legal name is Durk Banks, orchestrated a hit on rival rapper Quando Rondo in Los Angeles in August 2022, resulting in the death of Rondo’s cousin, Saviay’a Robinson. Prosecutors contend that Banks sought retribution for the 2020 shooting death of his friend and protégé, King Von, in Atlanta.
Durk’s defense has argued that admitting his lyrics into evidence would be deeply prejudicial, characterizing them as hyperbolic “poetry” prone to misinterpretation by a jury. They maintain that the lyrics are artistic expression and should not be taken as literal confessions or evidence of intent. Prosecutors, however, are seeking to use lyrics from 12 songs to demonstrate what they allege is a pattern of violence linked to Banks and his Chicago-based rap collective and record label, Only The Family (OTF).
Judge Fitzgerald’s ruling specifically bars the use of lyrics from the song “Hanging with Wolves,” where Durk raps, “I’m the type to hop on a flight with a warrant, you gotta catch me.” Prosecutors had argued this line suggested Banks was attempting to flee the country upon his arrest in October 2024 near a Miami airport, allegedly while preparing to board a private jet bound for Italy. The judge, however, deemed the lyric as merely demonstrating a general propensity – a characteristic – rather than concrete evidence of flight intent, which is legally considered a sign of guilt.
The case has drawn attention to the increasingly common practice of prosecutors using rap lyrics as evidence in criminal trials, a tactic that has sparked debate about artistic freedom and potential racial bias. Critics argue that lyrics are often taken out of context and unfairly used to portray rappers as violent criminals, particularly given the genre’s history of hyperbole and storytelling.
Assistant U.S. Attorney Ian V. Yanniello argued in court that the lyrics are necessary to illustrate the “core members of the alleged conspiracy” and demonstrate that certain individuals within OTF were involved in criminal activity. He pointed to a music video for the song “AHHH HA,” where Banks raps about retaliating after Von’s death, stating that the visuals provide crucial context to the lyrics.
Defense lawyer Marissa Goldberg countered that prosecutors were “cherry-picking” inflammatory material while ignoring other lyrics that could present a different narrative. She cited Banks’s Grammy-winning song “All My Life,” which features imagery of family and community, as an example of the selective use of evidence. Goldberg emphasized that Banks is a performer and that his lyrics should be understood as artistic expression, not literal statements of intent.
“This represents art, this is music,” Goldberg argued. “But there’s no doubt it’s prejudicial in criminal trials. And the government wants to use it in extraordinary abundance.” She further argued that holding an artist accountable for scripted lines in their work sets a dangerous precedent, stating, “We would never say, ‘Because you said it and commercialized it, it should be used as evidence against you.’ We don’t make those jumps.”
Banks was initially arrested in October 2024, alongside alleged co-conspirators. Prosecutors allege that he hired hitmen to carry out the shooting in Los Angeles, where at least 18 rounds were fired from multiple weapons, including a machine gun. Banks has pleaded not guilty to the charges.
The trial, originally scheduled to begin in January, has been delayed due to scheduling conflicts involving co-defendants and their legal representation. It is currently scheduled to begin on , though further delays are possible. During a court appearance on Monday, Banks acknowledged supporters in the gallery, including his father and wife, India Royale, before being led away in custody.
The judge’s decision to exclude the lyrics from “Hanging with Wolves” represents a small but significant win for Durk and his defense team. The outcome of the broader request to exclude all lyrics and music videos will likely have a substantial impact on the direction of the trial and could set a precedent for future cases involving rap lyrics as evidence.
