Judge refuses to dismiss murder case against Suge Knight

LOS ANGELES (KABC) -- Marion "Suge" Knight is unhappy with his accommodations in the county jail and complains deputies are harassing him.

His appeal for an upgrade was one of several argument made in a Los Angeles court on Tuesday.

Foremost was an argument to dismiss murder charges against the ex-convict who already has two strikes against him.

Armed with a power lawyer, Knight was able to present his version of a deadly encounter to the court.

Attorney Tom Mesereau told the judge that Knight was not armed when he rolled up to a Compton burger stand in his pickup truck, that Knight was punched violently by a former associate Cle "Bone" Sloan and that Knight was a victim just trying to get away.

"What does the prosecution do," asks Mesereau. "Files criminal charges against the driver of the truck."

Mesereau slams the prosecution's use of Sloan, a key witness who was first going to testify against Knight with immunity, but then recanted.

"I submit if you look at this hokey testimony, if you look at the outrageous behavior of the prosecution, now you see immunity, now you don't, now you see the Fifth Amendment now you don't. It is an outrage that anybody would be charged with homicide in a case like this," Mesereau said.

Yet Judge Stephen Marcus says Sloan's turnabout is not uncommon in gang culture.

"He wasn't going to do anything that would violate the rule, the rule of not snitching," Marcus said.

Marcus ruled that Knight will stand trial on murder charges for running over 55-year-old Terry Carter and injuring Sloan when Knight sped away from the scene.

Knight appeared distracted at times glancing across the courtroom to where his family was seated. His mother, sister and daughter had no comment as they left the courthouse, but said privately that they believe the truth is finally coming out.

About his incarceration, Knight's lawyer tells Eyewitness News that Knight's cell is unsanitary and too small. Knight says he is being harassed by deputies. Every time he leaves his cell, he says he is followed by a crew of three with a video camera rolling on his every move.

The Los Angeles County Sheriff's Department describes a different scenario.

Jail Comm. Eric Parra says that Knight has filed many complaints about his housing and treatment, which prompted the jail staff to elevate his status to "Sergeant Escort." It means that a sergeant must be present when he is contacted or escorted and all encounters must be recorded to form a record.

"It is a risk management method intended to accurately document contacts with him," says Parra.

About Knight's other complaints, Parra says "his cell is not too small, nor is it unsanitary. He may clean his cell at any time, and we provide cleaning products upon request."

Knight has been in custody for over five months unable to raise $10 million for bail. A bail hearing is set for July 17, when Mesereau will argue for a bail reduction and potentially pave the way for his release.