By Matthew Russell Lee, Patreon Song Podcast Song II
BBC - Decrypt - VLOG - Thread - Source Trial
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.
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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