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By Matthew Russell Lee, Patreon Song Podcast
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FEDERAL COURT, August 9 – The morning of jury selection in the R.Kelly trial, which will occur with no call-in line and none from the press or public in the courtroom, his lawyers docketed a motion to dismiss:

"Mr. r. Kelly respectfully submits this memorandum of law in support of his pre-trial motion  to dismiss in advance of trial in this matter, which is scheduled to commence on August 18, 2021.  This motion seeks to dismiss the predicate acts alleged in Count 1, numbers 12 and 14, as well as  the Mann Act violations alleged in Count 6 through Count 9 and in Count 1 Racketeering Act 1,  Racketeering Act 2, Racketeering Act 3, Racketeering 7, Racketeering Act 10 and dispute the  venue in the third superseding indictment filed on March 13, 2020, pursuant to the Rule 12(b)(2)  of the Federal Rules of Criminal Procedure."

  Inner City Press is publishing the full memo on its DocumentCloud, here.

   There was an R.Kelly arraignment amid the COVID-19 pandemic on April 30 before U.S. District Court for the Eastern District of New York Magistrate Judge Cheryl L. Pollak. It was short - not guilty plea - but revealed that the Metropolitan Correctional Center in Chicago has a new medical report on R.Kelly that may become part of a renewed bail application. Inner City Press live tweeted it here; more on Patreon here.

 On February 1, Inner City Press reported that Richard Airline was set to plead guilty on February 2.

And on February 2, it happened. Inner City Press live tweeted it here.

On June 30, Judge Ann M. Donnelly released her jury questionnaire including:

"Do you or have you read any books, blogs, social media sites or other websites about celebrities or crimes, including sexual abuse, or watch or listen to any TV programs, movies, podcasts or documentaries about celebrities or crimes, including sexual abuse?"

Then Judge Donnelly said that for the trial, no media in the courtroom and no call in line. The latter is ridiculous, as throughout the COVID pandemic there have been call in lines, and still are in the SDNY for example Judge Rakoff's Sidney Scales trial. Some media wrote in, concluding " The proposed  pool of six would still allow for social distancing and masking in the courtroom.   We therefore respectfully request that this Court reconsider its order limiting press access  to this trial, and in recognition of the First Amendment right of access, permit a limited pool of  reporters to attend this important trial in-person."

  Now on July 28, Judge Donnelly has denied even this: "Before the Court is a request that the Court “permit a pool of six reporters to attend the trial in person in the actual courtroom.” The request is denied. The COVID-19 pandemic has posed unique challenges to the work of this Court, as it has to courts around the country. The Eastern District of New York has risen to these challenges, resuming in-person proceedings, including trials, while taking steps to ensure the safety of the public and courthouse personnel. After consultation with experts, the Chief Judge issued a series of Administrative Orders and implemented safety measures in the courthouse, including temperature checks, symptom screening, a mask requirement and social distancing. have been reconfigured to meet these needs. As a consequence, jurors no longer sit in the jury box, as they did before the pandemic, but in the gallery, which previously was occupied by the public, including members of the press. Social distancing protocols require that the jurors be spaced out in the gallery, leaving no room for the public. It would be inappropriate to seat the jurors with members of the public, including reporters, even if there were adequate space. That is especially true in this case, where the jury will be anonymous and partially sequestered... Although spectators may not be able to view the trial from inside the courtroom because of the social distancing required of trial participants and jurors, the feed in the overflow rooms will be in real-time. Moreover, even in non-pandemic times, courtrooms are physically limited spaces; it is often the case that spectators are unable to sit in the courtroom, and must instead go to an overflow room. There is no reasonable alternative to the protocols adopted by this District."

 If COVID is the reason, why no call-in line, such as Inner City Press requested and obtained elsewhere? We'll have more on this, and related issues.

  Inner City Press will continue to follow and report on the case. It is US v. Robert Sylvester Kelly, a/k/a R. Kelly, EDNY Docket No. 19-cr-286 (AMD).  More on Patreon here.

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