By Matthew Russell Lee, Patreon Song Podcast Song II
BBC - Decrypt - VLOG - Thread - Source Trial
SDNY COURTHOUSE, July 22 – 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 second and last day ( first day here) of jury selection here.
On July 22, Russell was found guilty of interstate threat, and sentencing was set for November 21 at 10 am. Thread here and below.
On July 20, there were opening arguments and witnesses - seemingly, more than half of the case. Inner City Press live tweeted here.
On July 21, the US' final witnesses and rested; Russell did not take the stand and the evidence closed, setting up the July 22 closings before deliberation. Inner City Press live tweeted July 21 here.
On July 22, the closing arguments, jury charge, question and verdict (guilty). Inner City Press live tweeted it here:
OK - now in #RKelly "associate" Donnell Russell's trial for allegedly calling in gun threat to Neuehouse screening of Surviving R. Kelly, closing arguments.
Jury entering!
Judge Gardephe: Now the closing argument of the govdernment. Assistant US Attorney Davis: It is time to hold the defendant accountable for what he did. Not in dispute is that the defendant wanted to stop the screening that night
[US plays audio of Don Russell's "public interview" admitting he was on the phone all day with Neuehouse]. AUSA Davis: It is only not in dispute that the defendant was in contact all day with Kash Jones. And his home address in Chicago, not in dispute.
AUSA Davis: At 7:51 pm Adrian Krasniqi called 911, and said the threat was made 10 minutes before. [911 call played] AUSA Davis: So all you have to decide is whether the defendant is the one who called in the threats, and worked with others to do so
AUSA Davis: Look at this, the NYPD called the defendant's home several times. And, the defendant knew the cops were coming to the theater before the cops did. At 7:36 pm the defendant texts Kash Jones, 15 minutes before Krasniqi calls 911, that the cops may come
AUSA Davis: People don't call 911 for a cease and desist threat. Now listen to this: [recording of Russell talking about IndyBuild] AUSA: Russell & June Barrett worked for #RKelly. Here is an invoice, R. Kelly owed Barrett & Russell $4000.
AUSA Davis: It was defendant's mission to shut down the screening to protect #RKelly and his own bottom line... Kash Jones sent Donnell Russell the contact info for Lifetime executives. He sent around the powerpoint, Survivors.pdf to smear the women
AUSA: Don Russell called one of the victims a "live-long criminal." He also smeared Jerhonda. Let's go to January 2019. Look at Exhibit 1510. When he learned that Kash Jones is the one who said had called in the gun threat, he ran a background check on Kash Jones
AUSA Davis: This is classic evidence of consciousness of guilt. He needed to discredit Kash Jones as he tried to discredit the survivors... He reached out to Lifetime as "Colon Dunn," supposedly #RKelly's private investigator. But he check it with his own email
· 6h AUSA: At 7:12 pm defendant calls Midtown South of NYPD. Then he calls a fire station on 14th Street with his number blocks. Then he calls the Fireball Club at 204 E. 23rd Street, right near Neuehouse. Then FDNY headquarters in Brookyn. Then 7:27, 3-1-1
AUSA Davis: Don Russell did not want Kash Jones to even meet #RKelly, because she would incriminate him. Donnell Russell said, Give that sh*t to me. He made a terrifying threat, it is a Federal crime.
AUSA Davis: When you review the evidence you will conclude, Donnell Russell is guilty. Thank you. Judge Gardephe: Mr. Freedman, are you prepared to proceed? Freedman: Yes... They haven't proven he committed the crimes they charge him with.
Freedman: We don't deny Mr. Russell tried to stop the screening. But I'm confident you're going to reach the right result. None of the evidence proves he actually made a threat. You don't know who made the threat call. There isn't proof beyond a reasonable doubt
Freedman: Let me talk about reasonable doubt. It's a phrase I use a lot and I'm going to keep using it. If there's evidence you realize you could have used and you didn't see it, that can be reasonable doubt and that's Not Guilty.
Freedman: It's not a conspiracy to help #RKelly. They have to show the threat. There are holes. There was no voice ID in this case. But no one in this trial has heard his voice. [Wait - another reason to not testify? Could US have re-called Krasniqi?]
Freedman: Only Krasniqi heard the call, four years ago, and he's done several mind altering drugs. Still he told you the cease and desist caller sounded professional, like you heard Don Russell on the YouTube. You saw his resume [walks away from mic]
Freedman: He said the second caller sounds like a thug, "someone from Brooklyn, like the Wu-Tang Clan." [That is a direct quote]. Look, he was wearing a Chicago Bears cap. He is not from Brooklyn.
Freedman: Is Mr. Davis saying the threat call was the 7:37 pm or the 7:38 pm call? That's reasonable doubt. Mr. Krasniqi admits that other calls came in when he was not at the desk. It's reasonable doubt. They want you to hear he worked for #RKelly and convict him
Freedman: This is my last chance to talk with you. The US goes last, because it is their burden. But in the jury room, ask yourself, What would Mister Freedman say? What about this call from Mike Williams? The 8169 number? That's enough.
Freedman: Remember Jerry McGuire, and Ron Tidwell. It's like that: show me the money! Where is it? They haven't shown. That's reasonable doubt. He's not charged with trying to shut down the theater. It's the threat. If there's not enough evidence, it's not guilty
Freedman: You'll hear about R. Kelly again. But you said you won't let that sway you. Thank you. Judge Gardephe: A break before rebuttal. They're back, after extensive hot-mic between Freedman and Russell (nothing damning).
AUSA Pomerantz: Adrian Krasniqi received a threat. Russell would stop at nothing. He called the call a threat. Defense counsel has no good response.
AUSA Pomerantz: Mr. Krasniqi is not a voice expert. He's just guy at the desk of Neuehouse. You can change your voice, from a lawyer voice to a tough voice. He wanted to sound scary. Mr. Freeman tried to say the 7:38 call was a fax. That doesn't make sense.
AUSA Pomerantz: Mr. Krasniqi didn't get a threat-fax. The cease and desist was put in over the website. The defendant used his home phone to communicate with Kash Jones. He texted her, Call me on my phone line, she calls the 1689 number. 50 minutes. Not a fax.
AUSA: Don Russell is just a man, who made a threat. Why did he do it? To shut down a documentary screening, to protect his bottom line. He is guilty. [Sits down] Judge Gardephe, jurors, we've ordered lunch for you. We'll resume later. Thread will continue.
Before jury returns, Freedman is holding forth. Freedman: I think Friday afternoon always focuses a jury's mind [to reach a verdict]. In LA, it's the traffic that does it. [Bets are being taken whether jury reaches Russell verdict this afternoon, after the charge]
It's 1:01 pm and defendant Donnell Russell is not back in court. Freedman is told to call him and does, says "His phone is off, he must have just gone through security." And here he is now. Judge Gardephe: Bring in the jury.
All rise! Judge Gardephe begins his jury instructions, telling them not to given any weight to overruled or sustained objections. "Be fair and impartial."
Judge Gardephe deploys the SDNY-standard example of circumstantial evidence: a person comes into the courtroom with a wet umbrella. You can surmise that it is raining. Or... #RKelly
Judge Gardephe: If you would like transcript of the testimony, send me a note. Any communication to me should be through your foreperson. I have prepared a verdict form for your use. You may now begin your deliberations. Inner City Press will tweet as needed
Update 1: So far, as the jury deliberates, only Freedman remains at counsel table(s). The prosecutors have left (their office is around the corner). Donnell Russell has stepped out. Inner City Press is on the case - watch this site.
Update 2: There is a jury note. Judge Gardephe says his inclination is to simply reiterate his instructions and add that they are not being asked to determine if there was an open end conspiracy between Russell and Kash Jones, only that there was a conspiracy
AUSA Davis: Fine with US. Freedman: I agree. Judge Gardephe: I'll call them in and tell them, it is not appropriate to put in notes anything about the discussions taking place in the jury room. Then I'll refer them to page 21.
Judge Gardephe: Please bring out the jury. Jury entering! Judge Gardephe: Your wrote, We are confused. Some of us feel that Kash Jones participated in a conspiracy with the defendant that was open ended. Others feel no proof Jones was available.
Judge Gardephe: Questions are appropriate. But don't disclose the nature of any conversations in the jury room. On conspiracy, see Page 21 of my charge. You may resume your deliberations. [Jury leaves] Judge: We'll await their next note. Us, too. Watch this feed.
Update: During lull after jury showed its hand, Donnell Russell and Freedman speak first in the courtroom, now outside of it. Seems Freedman is interpreting the note - and mulling a plea to Count 1, to avoid a verdict on Count 2? Would the US even offer that, now?
Update (near final) - the prosecutors are back in the courtroom. It seems there is not only a note, but a verdict. Now Donnell Russell is back. Judge Gardephe: OK. The jury has reached a verdict. Bring the jurors out.
All rise! Judge Gardephe: Mr. Foreperson, what say you? Guilty. [After jury leaves"] Freedman: I'll brief my rule 29 motion in two weeks. Judge Gardephe: Sentencing Nov 21 at 10 am.
Note: There were two UN Marshals in the courtroom, in case Judge Gardephe ordered him immediately jailed. He didn't.
Update: I ran out of the courthouse and caught up with Donnell Russell and his lawyer Freeman, asked them if any comment on the verdict. First Don Russell told Freeman, I'm not talking to him. Then a real "no comment."
Inner City Press will cover the motion(s) and sentencing, and the wider R. Kelly (and others) legal worlds.
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.
Watch this site, and on Twitter, @InnerCityPress
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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