Judge Michael W. Fitzgerald denied a defense motion to dismiss or recuse the case in Lil Durk’s federal murder-for-hire indictment.
Defense attorneys argued nondisclosure of death threats against a magistrate judge required scrutiny; the judge found no prejudice.
Trial is scheduled to begin in late April; Durk remains in solitary confinement at the Los Angeles MDC over an alleged Apple Watch violation.

Federal judge rejects dismissal request

A U.S. district judge on Wednesday rejected a motion to dismiss or to recuse the entire Central District of California bench in the federal murder-for-hire case against rapper Durk “Lil Durk” Banks. Judge Michael W. Fitzgerald said defense lawyers showed no legal basis for dismissal after learning of anonymous death threats made to U.S. Magistrate Judge Patricia Donahue and an assistant U.S. attorney.

Defense claims non-disclosure of threats

Durk’s legal team argued prosecutors concealed voicemails left for Judge Donahue in February and a later threatening call to Assistant U.S. Attorney Ian Yanniello. The defense sought an evidentiary hearing and asked Fitzgerald to disqualify the U.S. Attorney’s Office and judges involved in the case.

Lead defense attorney Drew Findling said in court that counsel should have been told about the threats earlier, arguing the information could have influenced decisions — including a bail denial. Prosecutors countered they disclosed the threats when they became relevant and denied any tactical withholding.

Judge: no prejudice, no recusal

Fitzgerald said there was “zero prejudice” and that anonymous threats occur too often to presume judicial bias. He warned an evidentiary hearing would probe prosecutors’ work product and found no legal ground to recuse judges or dismiss the case. The judge also said he’s likely to allow jurors’ identities to be known only to attorneys if he impanels an anonymous jury.

Case timeline, charges and related issues

Banks, 33, who won a 2024 Grammy for “All My Life,” has been detained since October 2024. He and five codefendants face charges including conspiracy, using interstate facilities to commit murder-for-hire resulting in death, and firearms offenses tied to a 2022 Los Angeles shooting that prosecutors say followed a 2020 Atlanta nightclub killing.

Prosecutors agree the case is complex and asked to push the trial from January to May; Fitzgerald scheduled trial to start either April 21 or April 28. The indictment includes surveillance images and alleges multiple defendants traveled from Chicago to Los Angeles in August 2022.

Solitary confinement and jail conditions

Banks has been held in the Los Angeles Metropolitan Detention Center’s segregated housing unit since Aug. 29, reportedly for possession of an unauthorized Apple Watch. His lawyers say he is confined nearly 24 hours a day and have raised questions about the length of his SHU detention; a status conference about his confinement is set for Feb. 9.

Next steps

Judge Fitzgerald will consider remaining motions, including challenges to the count that relies on the stalking statute and a sealed motion to exclude certain evidence. The court will also address the SHU status conference on Feb. 9.

Read more reporting and follow coverage: Meghann Cuniff on YouTube, Facebook, Instagram.

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