TUPAC Shakur suspect Keefe D will find out on Tuesday if he has been granted bail as his lawyers are set to argue he poses no risk to the public and should be freed ahead of his murder trial.
The self-confessed gangster - real name Duane Davis - was charged with the rapper's murder back in September and has been held in protective custody at the Clark County Detention Center in Nevada since then.
Keefe, who claimed in media interviews and his own book that he and his gang shot Tupac in 1996, is due to appear in court on Tuesday after applying for bail last month.
His lawyers argued that the evidence used to charge the 60-year-old was speculative, he is not dangerous, and he should released on house arrest until his June trial.
Prosecutors hit back at the bail application and alleged in their opposition that Keefe is part of an authorization to kill potential witnesses in the upcoming trial.
The staggering claim, filed in legal papers in Las Vegas, claimed Keefe's son told his dad during a recorded jail phone call that a green light order - which in gangster terms means a kill - was issued.
Keefe's lawyers responded saying he “never threatened anyone during the phone calls.”
“Furthermore, (prosecutors’) interpretation of the use of ‘green light’ is flat-out wrong," special public defenders Robert Arroyo and Charles Cano said.
They claim that Keefe, who has battled cancer in recent years, poses no threat to the public as he is in poor health and is in no fit state to go on the run.
The two public defenders will be arguing that he should be released from jail on home confinement, with an ankle monitor and $100,000 bail as he prepares to fight the case.
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Arroyo said, "He does not have a passport nor the financial resources to flee the country.
"He has serious health conditions that need to be regularly monitored.
DEATH SENTENCE
"Going on the run would be a death sentence for him...
"Duane decided to walk away from the drug game in 2009 after he was approached by the federal task force. He has completely changed his life since then. "
Arroyo explained that his "health has declined since being in CCDC.
"He has to take these medications in the jail because he is unable to do the things necessary to maintain proper health. His diet in the jail is terrible."
Keefe, currently in protective custody at Clark County Detention Center, denies being the one to organize three hood members to chase down and assassinate Shakur in September 1996, despite making confessions in his memoir Compton Street Legend and many YouTube interviews.
CONFESSIONS 'WERE FAKE'
In his bail application, Davis claims his Tupac killing confessions were for fame, fortune, and entertainment purposes from the notorious crime.
Judge Carli Kierny will review both parties' motions and decide whether Keefe will be allowed to battle the case from his Vegas area home.
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It comes after a legal source told The U.S. Sun that Keefe is in a catch-22 situation.
The bombshell confession he made to Los Angeles cops over the murder - when he thought he had immunity - could be used in trial to help convict him.