Tupac Shakur Trial: 1994-95

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Tupac Shakur Trial: 1994-95

Defendants: Tupac Shakur and Charles Fuller
Crimes Charged: Sexual abuse, sodomy, and illegal possession of a firearm
Chief Defense Lawyer: Michael Warren
Chief Prosecutor: Francine James
Judge: Daniel P. Fitzgerald
Place: New York, New York
Dates of Trial: November-December 1994
Verdict: Guilty of sexual abuse; acquitted on the two other charges
Sentence: Shakur: 18 months to 4 and one-half years imprisonment; Fuller: 4 months imprisonment and 5 years probation

SIGNIFICANCE: To many, the rape trial of Tupac Shakur was proof that "gangsta' rap" promoted violence and that it also demeaned women.

"G angsta' rap," as its performers and aficionados call it, is a rhythmic, chantlike musical genre with lyrics that often glorify guns, drugs, and violence. During the peak of its popularity in the early to mid-1990s, one of the most popular "gangsta rappers" was Tupac Shakur. Before his violent death in 1996, Shakur was known to his fans as the king of "gangsta rap."

Almost from the time he first arrived on the music scene in the early 1990s, critics of Shakur's music claimed that his lyrics encouraged violence. As proof, these critics cited a case in which a young man gunned down a Texas state trooper and later told authorities that Shakur's music had been his inspiration. Running for reelection in 1992, Vice President Dan Quayle urged record stores to stop selling Shakur's album 2Pacalypse Now on the ground that its lyrics condoned violence against the police. Although a number of stores agreed, Shakur's fans continued to buy his music. His popularity as a rapper led to several roles in movies, some of which received critical acclaim.

Whether out of personal inclination or a shrewd publicity sense, Shakur reveled in his bad-boy reputation, once describing himself as the "hardest prick out there" and having the words "thug life" tattooed across his chest. Dismissing the critics, Shakur and his defenders argued that his music was merely a reflection of the cruel reality of life in America's inner cities.

Whether Shakur's music was inspired by or instead determined the course of his life will never be known for sure. What is known is that Shakur eventually lived out the harshness of his lyrics. In 1992, he had the first of several highly publicized and increasingly serious run-ins with the law. He was cleared of charges arising out of a 1993 gunfight with two off-duty Atlanta, Georgia, police officers, but was convicted in 1994 of attacking a man with a baseball bat at a 1993 Michigan State University concert.

Rap Star Tried on Sex Charges

In November 1993, Shakur was arrested after a 19-year-old fan reported to police that she had been with the performer in a New York hotel room when several of his friends came in and, led by Shakur, forced her to perform oral sex on them. Shakur and his road manager, Charles Fuller, were taken into custody and charged with three counts of first-degree sexual abuse, sodomy, and illegal possession of a firearm after police found two guns in the hotel room. (One of the other two men involved was not apprehended, and the fourth eventually faced a separate trial.)

From the beginning of Shakur's trial, which began almost one year after the alleged incident had taken place, everyone involved seemed to expect a sleazy and dramatic courtroom battle. Justice Daniel P. Fitzgerald removed two jurors because they had been overheard voicing their disgust with the defendant and his music. Replacing the two jurors was a minor procedural hurdle for the court, but it was an omen of things to come.

Assistant District Attorney Francine James began the state's case against Shakur by calling the accuser to the stand. (As is often the case in rape or sexual assault cases, the media did not report the victim's name to protect her privacy.) She told the jury that she had met Shakur at a Manhattan nightclub several days before the alleged attack. During this first encounter, she acknowledged performing oral sex on Shakur, just half an hour after having met him. Later, the two returned to Shakur's hotel suite for the night. She testified that the next day she called and left a message on his voice mail complimenting him on his sexual prowess from the night before.

Four days after this first encounter, she returned to Shakur's hotel suite to retrieve something she had left there. She testified that she and Shakur had been in his room kissing when three of his friends burst in and attacked her. According to her version of events, Shakur grabbed her by the hair and began tearing her clothes off, while the other three fondled her. Earlier, in a statement given to prosecutors, she had quoted Shakur as telling her that she was "a reward for his friends" and that "millions of other women would be happy to be in her situation." During cross-examination defense lawyer Michael Warren tried to discredit the alleged victim's story, insinuating to the jury that it had been a consensual encounter with jealousy as the motive.

The defense called only one witness to the stand, Shakur's publicist, Talibah Mbonisi. She testified that on the night in question she had returned to the hotel suite and was told that Shakur was with a woman; she heard no noises coming from the adjoining room. Some time later, according to her testimony, he came in and was talking to her when the victim burst in and demanded to know who he was with and why had he just had sex with her if he had someone else waiting for him.

Shakur later told reporters that his accuser was out to get him because she had seen him with another woman. Warren used the same theory in his argument to the jury, contending that the second sexual encounter with the rap star was as consensual as the first and that the allegations were made to punish Shakur for spurning her for someone else.

After both sides finished presenting their arguments, the judge charged the jury, defining for them the elements necessary for each offense to be valid, providing the definition of "beyond a reasonable doubt," and giving them the parameters within which they were required to make their decision. The judge sequestered the jury during their deliberations, so they were unaware of the next event to take place during the trial.

Shakur Shot During Trial

One day after the jury began deliberating the verdict, Shakur and Fuller were entering a recording studio shortly after midnight when they were approached by several men with guns. The robbers ordered the men to give them all their jewelry and to lie on the ground. When Shakur reportedly refused, one of the gunmen shot him five times, and the robbers made off with $40,000 worth of jewelry that he had been wearing. The defendant was taken to the hospital, treated, and held for observation.

Against his doctor's wishes, Shakur left the hospital soon after surgery and, wearing a knit Yankees baseball hat pulled over the top of his heavily bandaged head, returned to the courtroom in a wheelchair. If jury members were startled or curious about the sudden change in the defendant's appearance, Justice Fitzgerald left them to puzzle it out for themselves.

Shakur's courtroom appearance was brief; he was taken back to the hospital for further treatment and was there when the jury rendered its opinion. After only three days of deliberation the jury returned to the courtroom with its verdict: Shakur and codefendant Fuller were found guilty of sexual abuse and acquitted on the other charges. Apparently, the jury had not been convinced that sodomy or illegal possession of firearms had been proven beyond a reasonable doubt.

Shakur's attorney claimed to be "ecstatic" that the rap star had been acquitted on the more serious charges, but quickly added that the defense would appeal the one guilty verdict. One of the grounds for an appeal had been given to the defense several hours before the verdict was reached when James revealed to the court and defense counsel that the prosecution had inadvertently withheld evidence from the defense—photographs of the victim's chest taken the day after the alleged attack had been misfiled and were not found until the morning of the disclosure. While withheld evidence is often sufficient grounds to move for a mistrial, the defense decided to wait until the verdict was announced before determining what action to take.

Judge Imposes Prison Sentence

The sentencing took place on February 8, 1995, and it was no less dramatic than the trial. The proceedings began with the victim explaining how the crime had affected her physically, emotionally, and psychologically.

"He took advantage of his stardom to abuse me and betray my trust," she declared. Since the attack, she said, she had been turned into the villain while Shakur "has been glorified by his peers and fans."

Shakur stared intently at his accuser while she spoke. When she finished, he stood and, with tears in his eyes, apologized, but it wasn't clear for what. "I'm not apologizing for a crime," he declared. "I hope in time you'll come forth and tell the truth—I am innocent."

Addressing Judge Fitzgerald before sentencing, Shakur virtually accused him and the court system of racism. "You never looked into my eyes. You never used the wisdom of Solomon. I always felt you had something against me."

Then, in an about-face, he addressed the youth of America. "I got so involved in my career that I didn't see this coming. I have no shame, I don't feel shame." This statement received a positive response from the many fans in attendance. At one point, a sheriff had to order a young woman back to her seat after she leaned over the railing and kissed the rap star on the cheek.

Justice Fitzgerald then addressed Shakur, "This was an act of brutal violence against a helpless woman." And with that he sentenced Shakur to 18 months to four and one-half years in prison. Noting that Fuller had no criminal record and that Shakur had been the instigator of the attack, Fitzgerald sentenced Fuller to four months in jail and five years probation.

Shakur served nearly eight months in prison and was released in October 1995. His trial and conviction was not a liability for Shakur's career, however. Soon after his release, Shakur was given acting roles in two films, Gridlock'd and Gang Related —both of which would be released after his death. The first album released after his prison term, All Eyez on Me, debuted at number 1 on the Billboard album charts, and went on to sell over five million copies.

Shakur's musical and acting careers appeared to be on the rise. Then, on September 7, 1996, he was shot in Las Vegas, Nevada, shortly after leaving a Mike Tyson fight. He would later die of his wounds on September 13. Although the shooting took place on the very public Las Vegas main strip, no one has ever been arrested for his murder.

—Penelope Petzold and

—Ron Formica