By Matthew Russell Lee, Patreon Song Podcast Song II
BBC - Decrypt - VLOG - Thread - Source Trial
SDNY COURTHOUSE, July 21 – 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 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:
OK - trial of #RKelly "associate" Don Russell coming to close, US says it will rest its case by lunch, then it's up to the defense.
US' next witness is a former Neuehouse employee. AUSA Pomerantz: What did you do there?
Witness: Payroll and staffing. I managed 15 people. AUSA: Did you evacuate an event? Witness: Yes, Surviving R. Kelly screening. AUSA: What did you observe from Adrian [Krasniqi]'s demeanor after he got the call about the gun?
Witness: It was chaos. I was heading downstairs. We had two security guards. I first told the crowd it was a fire alarm, so people wouldn't panic
AUSA: Did the police show up? Witness: Yes. AUSA: Tell the jurors how you felt. Witness: It was shocking. They said there was someone with a gun. AUSA: No further questions. Judge Gardephe: Cross examination.
Freedman: I represent Mr. Russell. You've never met him, right? Witness: I have not. Freedman: You weren't responsible for answering the phones or checking emails, right? Witness: We have different categories of emails.
[Very short cross, and direct] AUSA David: The government calls Andrew Peterson, for cell site analysis. AUSA: Does your background as a radio engineer help with your cell site analysis? Peterson: It does.
AUSA: How is the signal carried from the cell site to the cell phone? Peterson: Through the cell tower. AUSA: And in a dense environment like Chicago, how much can you pinpoint? Peterson: There's rarely a direct line of sight.AUSA: From which providers did you review records? Peterson: T-Mobile & Verizon.
AUSA: What does this reflect? Peterson: Red lines show the cell site locations. AUSA: Did the US ask you to look at a particular time? Peterson: Dec 4, 2018, from 6:30 to 8:30 pm
AUSA: And what property is this? Peterson: 1828 South Millard Avenue, Chicago. [Fast research links it to June Barrett, here]
Cross examination: Freedman: Good morning, Mr. Peterson. Peterson: I can't hear you well. Freedman: I swear I haven't gotten taller since yesterday.
Freedman: The goverment didn't ask you to look at the Neuehouse House call log screens?
Peterson: They didn't. Freedman: No further questions.
Next US witness is Julia Gutierrez, a paralegal SDNYLIVE .
AUSA: Are you familiar with Google Maps?
Gutierrez: Yes.
AUSA Pomerantz: Was this the first call to Neuehouse from any of Donnell Russell's 3 phones? Gutierrez: Yes, that was the first one. AUSA: Did you search Govt Exhibit 302 for the last call? Gutierrez: Yes, it was at 7:38 pm.
AUSA: Did you see the message, since deleted, to Kash Jones, "the cops may be arriving shortly, deleted those messages"?
Gutierrez: Yes. AUSA Pomerantz: No further questions. Judge Gardephe: Any more US witnesses?
AUSA Davis: The US rests.
Judge: Morning break.
Jury leaves.
Judge Gardephe: Mr. Freedman, I'll hear your motion. Freedman: There is no evidence that Mr. Russell made the call. Mr. Krasniqi said it was a different voice, one "from Brooklyn."
AUSA Davis: The standard of Rule 29 is high, all evidence is viewed in the light most favorable to the government. The call records show that the defendant made the calls, there are his own admissions...
AUSA Davis: All calls from 7 pm to 7:51 pm were from Mr. Russell. And 7:51 is important - that's why Mr. Krasniqi called 911. And he said the threat was 10 minutes before.
AUSA Davis: He called Neuehouse nine times. It's for the jury to decide. On the conspiracy, Kash Jones and Russell worked together all day. He texts Kash, the cops may be coming. She replies, OK.
AUSA Davis: So it should be left to the jury. Judge Gardephe: I will reserve decision. Mr. Freedman, is there going to be a defense case? Freedman: No. Judge Gardephe: Mr. Russell, have you talked with your lawyer about if you should testify? Don Russell: Yes.
Judge Gardephe: And you have decided it is not in your interest to testify? Donnell Russell: Yes. Jduge Gardephe: OK, we'll take a break. Thread will continue - watch this feed.
Jury enters.
Judge Gardephe: Mr. Freedman, any defense case? Freedman: No. Judge Gardephe: Jurors, I'm going to be excusing you for the rest of the day, to discuss the jury charge I'll give you tomorrow, before you deliberate. Don't discuss the case.
Jury leaves.
Judge Gardephe: Have the lawyers read my draft charge? I am going to add, Draw no inference from any question I posed to a witness. I do not intend to charge on aiding and abetting. There's no evidentiary foundation. ..
Freedman: I think there should be a change, to say the US must prove that Mr. Russell said the word, not "the words communicated by Mr. Russell." Because I'm contesting that he said them, not necessarily that they were said.
And by noon, the jury instruction is finalized.
Freedman: If they haven't decided by 5 pm tomorrow, can they stay later? Judge Gardephe: I'll tell them that they can. We are 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.
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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