SDNY COURTHOUSE,
July 18 – After the conviction
and sentencing of R.Kelly in
the Eastern District of New
York, on July 18 jury
selection became for the trial
of his associate Donnell
Russell for threats to try to
stop a screening of the
documentary "Surviving
R.Kelly." As with the EDNY
trial (below), but in more
detail, Inner City Press live
tweeted the SDNY jury
selection, here:
OK - now trial of
#RKelly associate Donnell
Russell for alleged gun and
other threats to stop /
evacuate
@LifetimeTV screening of
#SurvivingRKelly
Judge Gardephe
(to prospective jurors)
Welcome to the Southern
District of New York. You will
be asked to fill out a
questionnaire, if you are
aware of #RKelly, and the
documentary #SurvivingRKelly.
Don't write on the back of any
page. [This could take a
while]
[We said it
could take a while, and it
will - prospective jurors have
filled out the questionnaire
and will return tomorrow. New
thread then. For now, parties
have agreed to tell jury that
on 12/4/18, NeueHouse held a
screening of #SurvivingRKelly,
set to air 1/19
· 4h Don
Russell's lawyer Michael
Freedman has told Judge
Gardephe "Mr Russell does not
plan to deny that he called
the theater to try to convince
the theater to not go forward
with the screening... Mr
Russell was not seeking
compensation for having made a
threat." Hmm
Judge
Gardephe is back on the bench
and says: I have reviewed the
80 questioners, and the vast
majority of them say they have
heard of RKelly, and the case
against him. Let me tell you,
I tried a case about terrorism
charges [US v. Saab, here]
Inner City
Press @innercitypress · 2h
Judge Gardephe: I questioned
prospective jurors who said I
couldn't be fair. One of them,
a woman, said, "Haven't you
read my answers?" (Laughs). I
would have excused her, but
the government wanted me to
question her. I don't think
the answer changes at the
bench.
Judge Gardephe:
At least 30 of the 80 say they
can't put out of their minds
the verdict against #RKelly.
Some call him disgusting.
There's another group that
says they are familiar, but
says they can put it out of
them minds.
Judge
Gardephe: Then there's 8 to 10
out of the 80 who say they are
not aware of #RKelly. I
propose we walk through the 80
questionnaires and I'll hear
your views. The first juror
[Inner City Press voluntarily
not reporting name] said he
knows of jail time.
Judge Gardephe:
Jury 2 says his friends have
talked about Surviving
R.Kelly, but he can be fair.
I'd say he should continue
into voir dire. Juror 3, she,
says she's heard of RKelly's
sexual abuse and knows he got
30 years, saw the documentary
on Lifetime.
Juror 4
says he understands Mr. Kelly
married an underage girl. He
says he can be fair.
Juror 5, he's thinks #RKelly
died. He can't put it out of
his mind, he says, two of my
family members have been
victims of shocks and
violence. I don't take
aggression lightly
Judge Gardephe:
Juror 7 says #RKelly is a
sexual predator and she cannot
put it out of her mind. Anyone
associated with #RKelly is a
horrible person. Government's
view? AUSA: She may be struck.
Judge
Gardephe: Next juror says she
knows of RKelly's alleged
behavior and trial and
testimony, she says she can be
fair. AUSA: Proceed with
her. Russell's lawyer: Agreed.
Judge Gardephe:
Next juror says she knows what
RKelly is guilty of,
relationships with women under
age. Hasn't seen documentary
but hearing things about it
from social media. Cannot put
it out of her mind. The juror
is excused.
Judge Gardephe:
Next juror, he says
"pedophilia," and that he
can't put it out of his mind.
He says, an artist's manager
deals with everything. So
"Mister Russell would know."
AUSA: He may be excused. Judge
Gardephe: Excused.
Judge
Gardephe: Next juror says
RKelly is unapologetic, I'm
told the documentary shows
those victimized. Says he
cannot put out of his mind,
cannot "protect known sexual
predators." AUSA: Excuse him.
Freedman: Yes. Judge: Juror is
excused.
Judge Gardephe:
Next juror says she's heard of
the young woman. I thought the
documentary might be too
troubling to watch. AUSA: She
may proceed. Russell's lawyer:
I request further questioning
about the documentary.
Judge: That will be done.
Judge Gardephe:
Next juror bring up the "pee
tape... I was not interested
in the documentary. AUSA:
Proceed. Freedman: Question
him why not interested. Judge:
OK.
Judge
Gardephe: Next juror says
going on vacation July 27,
heard "he recorded sexual
actions with young girls...
says she watched the
documentary on Netflix." AUSA:
Proceed. Freedman: Proceed.
Judge
Gardephe: Next juror says he
is a fan of RKelly's music.
"From what I gather from
corporate media, I feel there
could be a conspiracy against
him." Says he watched
documentary on BET and found
it highly-- Judge says can't
read it, looks like
"affectional" Judge Gardephe:
Next juror says knows of
crimes of a sexual nature, but
can be fair. AUSA: Proceed.
Freedman: Proceed.
Judge Gardephe:
Next questionnaire is clean,
on last question about
fairness says "No...
everything that I have to say
has to be on evidence."
Judge
Gardephe: Next juror says
#RKelly trapped young girls
and married Aaliya... "his
crimes were outrageous... this
defendant acts for RKelly to
suppress information. I can't
put it out of my mind. Juror
is excused.
Judge
Gardephe: Next juror may
have been a partner at the
firm I was at... It's a common
name. He writes, not seen the
documentary, can be fair.
Proceed. Next juror has a work
issue on Thursday and Friday.
Only knows #RKelly's an
R&B singer. Additional
questions
Judge
Gardephe: Next juror says,
Heard from friends that
#RKelly is a rapist, but can
put it out of mind. Proceed.
Next says, He was recently
convicted of sex trafficking
and was parodied on SNL, I'm
aware of "I Believe I Can
Fly." Proceed.
Judge Gardephe:
Next juror says saw the
documentary and cannot be
avoid being biased, talented
but reprehensible. Bias
against Mr Russell for
attempting to suppress this
documentary. Excused.
Judge Gardephe:
Next juror says worked as
personal assistant to
celebrities, the rest I can't
read. Anyone? AUSA: I
believe it says, I remember
joking with a former fellow
assistant about this case of
story by a former disgruntled
employee who had too much.
Judge
Gardephe: I'm concerned about
this juror. Excused.
Next juror says, As an
internationally ranked figure
skater, this time is paramount
for me and my partner, by our
national skating federation.
This disgraced rapper, I
cannot be fair. Excused.
Judge
Gardephe: Next juror says,
#RKelly is a dirty, sick
person, he is disgusting. I
have watched it, it was
sickening. I cannot be fair. I
have a daughter and wouldn't
want her to encounter any sick
bastard like #RKelly. Excused.
Judge
Gardephe: Next juror says,
Pretty bad guy, rape of
minors. Criminal guy,
implicated his entire business
circle in the crime. I can see
why they tried to stop the
documentary. Excused. Next
juror says #RKelly is a thug,
manager must have helped.
Excused.
Judge
Gardephe: Next juror has back
problems, daughter brought her
today but can't continue.
Never heard of #RKelly, but
says can't be fair. Excused
for health. Next juror says
R.Kelly, long term for sex
crimes, 41 years? I think it
was on HBO. Proceed.
Judge Gardephe:
Next juror says, Marriage to
Aaliya at 15 years old,
mothers looking for their
daughters, says could be fair.
AUSA: Proceed. Freedman: I
agree. Next jurors says,
I saw a movie about him, can
put out of mind. Proceed.
Judge Gardephe:
It seems possible we can
select a jury from those who
have survived this process. I
will question them more
tomorrow. Adjourned.
This case is US
v. Russell, 20-cr-538
(Gardephe)
The morning of
jury selection in the R.Kelly
trial, which began on August
18, 2021 with no call-in line
and no Press or public in the
courtroom, his lawyers
docketed a motion
to dismiss, below.
On
September 2, Inner City Press
went to the EDNY courthouse in
Brooklyn, before 9 am. There
were supporters of R.Kelly on
the sidewalk in front, one
with a tiara; there was other
journalists. On a delay
occasioned by the flooding of
the subway system, all entered
and up to the (overflow)
Courtroom on the sixth floor.
On TV
screens, at first two lawyers
milled about, then others,
then Judge Ann Donnelly
herself. Why she decided not
only to ban the Press and
public from the actual
courtroom, where the reactions
of the jury for example could
be gauged, but worse to have
no call-in line, is not known.
Now is why,
when she played some of the
audio the prosecutors
presented to the jurors, it
was only for only some members
of the media, rather than have
it made available as a
judicial document. Later on
September 27, nine jury guilty
verdicts for R.Kelly, whose
lawyer Devereaux Cannick said,
"I'm sure we'll be appealing."
On June 8, the US
filed its sentencing memo,
asking for more than 25 years.
"Based on a total offense
level of 45 and a criminal
history category of I, the
applicable Guidelines
range is life imprisonment.
II. A Sentence in Excess of 25
Years is Warranted The
government respectfully
submits that a sentence in
excess of 25 years is
appropriate in light of all
relevant factors, including
the nature and circumstances
of the offense, the
history and characteristics of
the defendant, and the need
for the sentence to reflect
the seriousness of the
offense, to promote respect
for the law, to provide just
punishment, to afford
adequate deterrence and to
protect the public" Memo on
Inner City Press'
DocumentCloud here.
On June 29, in a
proceeding of which no live
tweeting was permitted,
R.Kelly was sentenced to 30
years. He did not speak prior
to sentencing, unlike for
example Ghislaine Maxwell the
previous day in SDNY. (She got
20 years). We'll have more on
this.
Full motion
on Inner City Press'
DocumentCloud here.
September
2 witnesses began with a Mr.
Yong Fe Wu (phonetic), a
forensic biologist in
Illinois. He put big numbers
on the screen -- look, Ma,
thirty zeros! - but when
R.Kelly's lawyer Cannick asked
if if weren't possible that
the semen-stained shirt he
tested hadn't been taken by
someone coming over the fence,
he replied, I don't know that
story.
Next up
was Homeland Security Special
Agent Chris Wilson, not to be
confused with the next
witness, Chris' cousin Mike.
Chris testified at length
about photos and text messages
extracted from two iPhones and
one laptop taken from R.Kelly.
Then Mike Kelly,
who was present at the arrest
on July 11, 2019 in Chicago's
Trump building, testified
about an iPad.
During
this, the woman in the tiara,
whose birthday it was and is
and who said she was spending
it with the "King of R&B,"
fell asleep on the back bench
of the overflow courtroom and,
to be honest, began to snore.
A Court Security
Officer came in and told her,
you can't sleep in the
courtroom, you have to go
outside. But she sat up and
remarked, accurately, "This is
the boring part."
And needlessly
opaque - no exhibits, no call
in line. Watch this site. And
this vlog;
hear this
podcast.
Previously,
reverse chronological:
With less
transparency each week, now no
exhibits have been made
available since August 23. On
the morning of August 21, the
defense filed a request for
access to legal mail and
documents they say have been
withheld for more than two
months (photo of letter
Tweeted here)
and now full letter on Inner
City Press' DocumentCloud here
"RE: United
States v. Robert Kelly
Criminal Docket No.: 19-286
(AMD) Dear Judge Donnelly: The
defense writes to respectfully
request that the Court Order
that the Bureau of Prisons and
U.S. Marshals provide Mr.
Kelly with his legal mail and
documents that were collected
when he was moved from MCC
Chicago to MDC Brooklyn. Mr.
Kelly was moved to MDC
Brooklyn over two months ago
and his mail and legal
documents from MCC Chicago
have not been delivered.
Accordingly, it is
respectfully requested that
the Court Order that the BOP
and U.S. Marshals provide Mr.
Kelly his legal mail and
documents from MCC Chicago."
Watch this site - & this.
Inner
City Press published the
full
motion on its
DocumentCloud
here,
and song here.
Inner City
Press which successfully
advocated for the restoration
of call-in access to January 6
proceedings in the District
for the District of Columbia,
did an August 18 stand-up
outside the U.S. District
Court for the Southern
District of New York, here
From the 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."
Inner City
Press published the full memo
on its DocumentCloud, here.
Inner City Press will continue
to follow and report on these
cases. EDNY is US v. Robert
Sylvester Kelly, a/k/a R.
Kelly, EDNY Docket No.
19-cr-286 (AMD).
Criminal in SDNY
is This
case is US v.
Russell,
20-cr-538
(Gardephe). More on Patreon here.
***
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