By Matthew Russell Lee, Patreon Song Podcast Song II
BBC - Decrypt - VLOG - Thread - Source Trial
SDNY COURTHOUSE, July 19 – 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:
Judge Gardephe: The defendant Donnell Russell is charged with making an interstate threat. According to the government, Mr. Russell was the manager for R. Kelly and conspired or agreed to convey threats to those attending to the Dec 4, 2018 screening
Judge Gardephe: Mr. Russell has pleaded not guilty, that's why we're having a trial. He's presumed innocent. The US must prove its case beyond a reasonable doubt. This will be a short trial, once we get started. A week or less. We'll begin with follow up questions
Judge Gardephe: I'll call you up to the bench, based on your answers to the questionnaire... The first to come up it Juror Number 2 [same number as yesterday, we are voluntarily not publishing the name], please come up.
[Yesterday, of Jury Number 2, Judge Gardephe said 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. Now there is questioning - but it cannot be heard. This threat may go dormant for a while
While this sidebar questioning for jurors takes place, one note for those replying that Don Russell is/was not R.Kelly's manager - this reports what takes place in / is said in the courtroom. Judge quoted DOJ; complaint says "Russell, then-manager for #RKelly."
Maybe Don Russell's lawyer Michael Freedman will say, He wasn't the manager. Unclear for now if they'll finish picking the jury and get to opening arguments today. Watch this feed.
OK - now Judge Gardephe is asking questions to the group of prospective jurors (venire) as a group. Judge Gardephe: Are any of you lawyers or studying law? One juror says yes, but he can be fair. Another is majoring in criminal justice at Berkeley, could be fair
A 3d juror says that 50 years ago he studied law for one year. Judge Gardephe: I guess it didn't go well (laughs). Can be fair. A 4th went to Brooklyn Law School. Can be fair. Judge Gardephe: What type of clients do you have, in communications? A: High profile.
A 5th juror is an NYPD police officer for 4 and 1/2 years. Judge Gardephe: What if NYPD testifies - would you evaluate them like anyone else? A: Yes. But I don't think I would be a great choice. As a police officer. Judge Gardephe: Search your conscience.
After a long sidebar discussion press couldn't hear, the NYPD officer is excused. Will not be a juror. Now another prospective juror says he's a civilian employee of the Yonkers PD. Says he can be impartial. Another says her grandfather was a corporate lawyer.
Yet another says his father was a lawyer in general practice. Another describes himself as "corporate litigator" for financial institutions, some under criminal investigation. A female juror says "My husband is a lawyer, unfortunately." Other jurors laugh.
Judge Gardephe has given jurors a lunch break. Once they leave, he tells the lawyers there will be no testimony today, and probably not the open arguments either, unfortunately. If it starts today, we're be here. Tomorrow too (with a new thread). Watch this feed
Judge Gardephe questioning continues: I expect the government will offer evidence obtained from social media platforms. Does anyone feel strongly about that? [No prospective juror says yes.] Judge Gardephe: Has anyone formed an opinion that these charged crimes should not, in fact, be prosecuted? [No answers]
That completes the general questioning. Now, a few questions for each - not to pry, but to help the lawyers pick a jury
Judge Gardephe: I'll ask your county of residence, education, your employment and that of your immediate family, prior jury service, and about your reading and viewing habits, and hobbies. Juror 1 works for state corrections. Never served on a jury.
Juror 2 lives in The Bronx, he's 28. Likes hanging with his friends. Next juror lives in Manhattan, he's retired. Next lives in The Bronx. Never on a jury. Next lives in Manhattan, technical degree. Works for an insurance company. Likes to read romance novels
Next juror lives in Manhattan, has a doctorate in art history. Reads the New York Times and art magazines. Like PBS, sailing, "art, obviously." Next juror also lives in Manhattan. She's 28. BA in finance, works at Morgan Stanley. Before that was at Goldman Sachs
Next juror lives in Manhattan. English literature. Works at Simon and Schuster. Was previously on a criminal jury, as an alternate. Next juror lives in Manhattan for 24 years. He's 57. He has a J.D. (juris doctor). Works in a law firm on construction litigation
Next juror lives in The Bronx. She's studying criminal justice. Next juror lives in Manhattan, for 44 years. He's 66. BA in music. Teaches voice in a musical theater program. Reads the New York Times. Likes "Breaking Bad." Rides his bike and does puzzles.
Next juror lives in Westchester, he's 63 with a B.S. His wife's a dentist, son works at the United Way. Likes mystery books and old movies.
Next juror in Manhattan, for 19 years. He's 47. He has a Ph.D. Professor at Brooklyn College, organic chemistry. Next juror lives in Manhattan for 20 years. He's 72. Bachelor's degree. Semi-retired. Was in import / export. He likes Netflix, likes Law & Order. Judge Gardephe: It's just like this, isn't it? (Laughs)
Next juror has roommates. One works in the Mayor's Office. Likes Netflix, and Law & Order - specifies, SVU. Next juror lives in Manhattan for 34 years. She's 57. She studied financial accounting. She's an equity research analyst at Goldman Sachs.
A juror, when asked "What do you like to do," says "Sleep." Judge Gardephe laughs and says, The importance of sleep cannot be overestimated. Next juror does PR for people in litigation. Uses Twitter, like sports and the entertainment industry. On TV, The West Wing
Next juror lives in The Bronx. Is an NYPD police officer. Next juror also lives in the Bronx, for 21 years. He's 48. His wife is a nurse's aide. Like the Mail Online, and the TV show 48 Hours. Likes hanging about with his kids.
A juror says she likes the Yankees. Judge Gardephe says Well the Yankees are going well, we can all be grateful for that. Next juror is an accountant. His wife works at a pharmaceutical company. Next juror lives in Westchester, works for an investment firm.
Next juror is a law professor, teaches professional responsibility. Reads the New York Times, like Criminal Minds - but does NOT like "Bones." Likes to drink wine. Judge Gardephe: I'll see the lawyers at sidebar.
Judge Gardephe tells the jurors to step out for 15 minutes then return, for the final stage.
OK - there is now a jury of 12, with 2 alternates. The others leave. Judge Gardephe: This is my courtroom deputy, he will show you to the jury room. You are the triers of fact. Evidence consists only of the testimony of witnesses, document and stipulations entered... OK, we'll see you tomorrow for opening arguments. [We'll be here.]
Now with jurors gone for the day, Don Russell's lawyer Freedman wants some redactions. Assistant US Attorney: There is no basis to redact it just because it says, Call me Daddy.
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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