Ghislaine Maxwell For Appeal Wants Until Jan 2023 to File After Hired Ex Judge

By Matthew Russell Lee, Patreon Maxwell Book
BBC-Guardian UK - Honduras - ESPN NY Mag

SDNY COURTHOUSE, July 28 – Ghislaine Maxwell, convicted on five of six sex trafficking charges in December 2021 (Inner City Press book here), was up for sentencing on June 28. She got 20 years in prison and a $750,000 fine. Inner City Press live tweeted it here and below.

On July 15 for Maxwell's appeal to the Second Circuit, Bobbi Sternheim filed a notice to be removed in favor of Hon. John M. Leventhal (Ret.) of Aidala, Bertuna & Kamins, PC: "I am informed that Hon. John M. Leventhal (Ret.) of Aidala, Bertuna & Kamins, PC has been retained to represent Ms. Maxwell on appeal and will be filing notice of appearance today. 7. Since new counsel has been retained to represent Ms. Maxwell on appeal, I move to be relieved." Photo of filing on Patreon here.

On July 28 this new counsel wrote to the Second Circuit and asked for a delay to file his briefing, from October into January 2023. Letter on Patreon here.

Meanwhile Maxwell instead of Danbury has been moved to prison in Florida on which many opine. We'll keep our eyes on the courts, including current child sex trafficking cases.

From the June 28 sentencing: OK - Ghislaine Maxwell sentencing has just begun. She is in prison blues; Judge Alison J. Nathan is on the bench.

Judge Nathan: I have ready the parties' submissions, including the letters from friends and family members of Ms. Maxwell. I got a letter from an inmate at MDC about Ms. Maxwell's assistance with tutoring. I also have victim impact statements...

Judge Nathan: Ms. Moe, what has the US done to notify victims? Asst US Attorney Alison Moe: We used the Victim Notification page on our website.  Judge Nathan: The pre-sentence report.  Ms. Maxwell, have you read it? Maxwell: I have an an opportunity to read it.

 Judge Nathan: Mr. Everdell, I know that Ms. Maxwell has continuing objections. Please proceed. It seems your first objection is to Paragraph 22? Maxwell's lawyer Christian Everdell: Yes that's correct.

Judge Nathan: I overrule the objection. I credit the testimony that the defendant targets Ms. Guiffre in the Mara-a-Lago parking lot. Now, as to the assertion that Epstein transferred $23 million to Maxwell during the conspiracy. I find the evidence supports that

 Judge Nathan: As to the claim that Epstein did not buy Maxwell her New York townhouse, I credit the testimony of Kate that it happened. I also credit Mr. Alessi's testimony about orders to see nothing and say nothing.

Judge Nathan:  Paragraph 26, I overrule the objection - the evidence showed the Defendant and Epstein isolated girls, as in New Mexico. On Paragraph 29, I overrule the objection to the inclusion of Kate and her name. The US didn't assert she was a statutory victim

 Judge Nathan: Jane's testimony established that the Defendant took steps to make her feel comfortable to have sexual contact with Epstein. Kate's testimony established that the massages were sexualized. Flight records establish it was before Virginia was 18.

 Judge Nathan: Paragraph 72, defendant objects to the statement Epstein penetrated Carolyn. I overrule - Carolyn testified to this at trial. Para's 75-6, defendant objects because the perjury counts have not been presented to a jury. I overrule. I can consider it.

Judge Nathan: Paragraph 81, defendant says Ms. Maxwell had no personal knowledge of these sexualized massage. I overrule that - they did not interact directly with Ms. Maxwell, but I do conclude her recruitment of Virginia set the scheme in motion.

 Judge Nathan: OK, with those rulings I now adopt the Pre-Sentence Report. It will remain under seal. Now we turn to the sentencing guidelines. There are significant disagreements. The probation department recommends 240 months in prison.

 Maxwell's lawyer Everdell: We argue that which guidelines apply is a jury question, under the ex post facto clause. The government did not engage with our arguments. When did the offense conduct terminate? It's up to the jury to decide.

 AUSA Moe: The conspiracy was still alive past the end of 2004 -- Judge Nathan: But what you point to is definitionally non-conspiracy conduct. AUSA Moe: The question is whether a conspiracy was still ongoing. It's the defendant's burden.

Maxwell's lawyer Everdell: The government is relying on a single message pad, undated. There is no reliable, credible evidence. The court has to consider the weight and reliability of the evidence. The message pad is not sufficient.

Judge Nathan: I have a question about the leadership enhancement. But anything more, Mr. Everdell? Everdell: You have the discretion to sentencing under the 2003 Guidelines. I understand that may not be where you are going.

 Maxwell's lawyer Everdell: There was evidence of money moving, but it was for the helicopter, it was not for Ms. Maxwell.  AUSA Moe: We offer financial transactions to refute the claim that the defendant had moved on. She remained a close associate for many years

 AUSA Moe: The evidence shows that Ms. Maxwell had a supervisory role over Sarah Kellen. That's enough.  Judge Nathan: The leadership over her, as opposed to Epstein being the leader - or there's Kellen sort of replacing Maxwell in the role - can you explain?

AUSA Moe: The defendant was calling victims about massages. Then they bought in Kellen to do it. They traveled together. Maxwell was higher up in the leadership structure. You have 2 knowing conspirators bringing in a much younger woman, so Maxwell was directing

 Maxwell's lawyer Everdell: It is not a fair inference that Ms. Maxwell was supervising Sarah Kellen. Carolyn says Kellen took over, there was a break, they did not overlap. Sarah Kellen replaced Ms. Maxwell. It couldn't be clearer.

 AUSA Moe: Maxwell was still present inside the Palm Beach residence. With respect to the pilots' testimony, it included the statement that Kellen reported to Maxwell. There was an overlap. Everdell: Being present is not enough, it means nothing

Maxwell's lawyer Everdell: Do you want to hear on the five point enhancement for being a repeat dangerous sexual offender. She has never been accused of a crime in the 18 years since. AUSA Moe: We rest on our brief. Judge Nathan: The controlling date for ex post facto purposes is the last date of the offense conduct. The first message pad has no date - so I must apply the 2003 guidelines.

 Judge Nathan: The defendant argues that she did not lead another criminal participant. I find the US has shown the defendant did supervise Sarah Kellen. Maxwell was Epstein's Number Two and the lady of the house.

Judge Nathan: On the undue influence enhancement, I find that it applies. And there is no double-counting here. The jury in Count 6 did convict Maxwell of sex trafficking Carolyn. Other victims testifying they received money.

 Judge Nathan: Carolyn testified that she needed the money for her drug addiction, then for her new-born son. I cite US v. Stebb in the 8th Circuit in 2022. A minor can be a victim even if they initiate the sexual encounter.

 Judge Nathan: I find the offense level is 37, history of 1, under the 2003 guideline it begins at 210 months... Or, the offense level is 36, so guideline range of 188 to 235 months.

 Judge Nathan: So we don't need to resolve the factual objections about Carolyn's age. With respect to fines, the defense contests including the $10 million bequest from Epstein's estate. Maxwell's lawyer Everdell: We don't know if there will be any money left.

AUSA Moe: I don't have additional information on the status of the estate. But it's listed in the Pre-Sentencing Report. So I don't think the objection is well founded.

Judge Nathan: It's listed as an affidavit. That she may lose it is not a basis for excluding it Judge Nathan: Ms. Maxwell reported $22 million in asset when seeking bail. I am unpersuaded Ms. Maxwell is indigent. I intend to impose a fine. With that, I'm going to take a break and then come back at 1 pm.

And we've back -- All rise! Judge Nathan: Ms. Moe, you may take the podium.

AUSA Moe: Ms. Maxwell first met Jane at 14 years old. What she did to Jane and the others was almost unspeakable. Their pain is real and it matters. We ask for an above guideline sentence

 AUSA Moe: These girls were just kids. Maxwell used their dreams as a tool to abuse them. Look at her actions: she persuaded young girls to massage a middle aged man's feet? She groped a girl's chest.

 Assistant US Attorney Moe: What kind of woman teaches a 14 year old girl how a middle aged man how he likes to have his pen*s touched? She was indifferent to the suffering of others. She did it for years.

AUSA Moe: She saw two kind of people. Those who mattered and those who were disposable. She jet setted with Epstein; they molested kids together. These girls now woman are strong, they have shown the world. They carry the trauma.

AUSA Moe: This is one of the rare cases for an above Guidelines sentence. The 2003 Guidelines were inadequate. Consider the sophistication of her predatory conduct. We ask the court to send a message no one is above the law.

 Judge Nathan: OK. Ms. Annie Farmer. Annie Farmer: For a long time I wanted to erase from my mind the crimes Jeffrey Epstein and Ghislaine Maxwell committed against me. I learned that my sister had also been harmed. Judge Nathan: Please slow down.

Annie Farmer: The ripple effects of trauma are undeniable. I felt pain as a sister when Maria was harmed. (sobs). As my family watched her become more isolated and physically ill, there was nothing we could do. She was exploited by Maxwell.

Annie Farmer: Maxwell had many opportunities to come clean. She lied about my sister and me. Later when I pursued my career as a psychologist, I fear to be connected to this case, wrongly described as child prostitution.

 Annie Farmer: Consider the ongoing suffering of her victims. Weigh the systemic effects of her acts. Her lack of remorse created the need for many of us to begin a long struggle for justice. Judge Nathan: Next is Kate. The sketch artist shall not draw her.

"Kate" (British accent) - How you do anything is how you do everything. Every person should have an equal fight to be protected. No person should be shielded from the consequences of their actions. Ghislaine's lack of remorse is the final insult.

 Kate: Someone starting a non profit does not excuse sex trafficking of minors. [The reference is to Maxwell's Terramar Project, on whose board UNSG  Antonio Guterres  maintained a representative. But he has legal immunity, here

Kate: Today I stand for the first time with my sisters to say Enough is enough. I take no pleasure in being part of a world in which this is necessary. Stop Ghislaine. I could not have done this alone. Inner City Press @innercitypress · 3h Judge Nathan: Counsel for Virginia Roberts. Statement of Virginia Roberts Giuffre: Together, you damaged me. Together, you did unspeakable things. I want to be clear: without question, Jeffrey Epstein was a terrible pedophile. But I only met him because of you Inner City Press @innercitypress · 3h Virginia Roberts Giuffre: You used your femininity to victimize us. You could have put an end to the rapes. I have grown into a woman who on her best days feels she is making a difference. If you get out of prison I will watch to make sure you don't do it again Sarah Ransome: I continue to suffer. I came to New York at 22, to attend FIT. I was introduced to Epstein. I became nothing more than a six toy for the entertainment of Epstein, Maxwell and others. I was abuse in the mansion and on his private island Sarah Ransome: I tried to escape the island by jumping off a cliff into shark infested waters. Epstein and Maxwell lured us in then pounced. Like Hotel California you could check in but you could never leave. They used my visa status and family to trap me. Inner City Press @innercitypress · 3h Sarah Ransome: They told me I had potential (sobs). They had connections to FIT. There was always a but. I needed to lose 30 pounds. They put me on a strict Atkins diet. I never lost the weight. I never got to use my application. I thank God I escaped in 2007. Inner City Press @innercitypress · 3h Sarah Ransome: I experience flashbacks (sobs). I am hyper vigilant and do not trust people easily. I will sometimes start crying for reasons I cannot always comprehend. I've been diagnosed with anxiety and PTSD and tendency to self-harm. Inner City Press @innercitypress · 3h Sarah Ransome: I have never entered into normal relationship. I have no children, something I dreamed of. I attend meetings to treat alcoholism. I have had numerous relapses. Only by the grace of God do I continue to live. I have attempted suicide twice. Sarah Ransome: I came to New York to attend the trial. It was cathartic. I am glad the jury believed the victims and returned a guilty verdict. Sentence her to the rest of her life in prison. It will give us survivors a slight sense of justice. Inner City Press @innercitypress · 3h Sarah Ransome: To Ghislaine, I say, you broke me but not my spirit. Judge Nathan: Thank you. I'll now hear the statement of Ms [Elizabeth] Stein. Stein: I came to New York in 1991 at the age of 18 to attend FIT. I became an intern at a store - and Maxwell came in. Inner City Press @innercitypress · 3h Stein: Maxwell's links to Epstein and Les Wexner became aware of me. I went to deliver her clothes. Epstein was there and they sexually assaulted me. I returned to FIT, and the Henri Bendel store. But they pursued me, even when I went to Bloomingdales. Inner City Press @innercitypress · 3h Stein: She wore me down. I went with them to Florida. I got fired. I was trafficked to their friends. By that time I was trapped. I was raped in New York and Florida for a three year period. I can not speak about it. I do not have the vocabulary.

Stein: I once loved life. After I met them it felt like someone turned off the lights to my soul. I changed jobs, apartments, cities and even states. They found me. In 1997 I moved to Philadelphia, hoping to finally starting law school. They found me...

 Stein: I began physical therapy. The arrest of Epstein in 2019 and of Maxwell in 2020 helped me. I could disclose their abuse to medical providers. This past November and December I took the train from Philadelphia to watch the trial, anonymously.

Stein: Ghislaine Maxwell fed me to Jeffrey Epstein. For 25 years Maxwell has lived free, while I have had none of the life experiences I should have. She'd had her life. Now it's time for mine. Judge Nathan: Thanks. Ms. Sternheim.

 Maxwell's lawyer Bobbi Sternheim: To those who spoke, you have shown courage... The purpose of today is not to take issue with the record. That will be addressed to the Court of Appeals. This is about the US asking for "multiple decades" for a 60 year old woman

Sternheim: Probation recommended 20 years - now higher than applicable guideline. The US asks for the outer limits. It is out of proportion. Jeffrey Epstein would have faced the same - and he is clearly more culpable.

Sternheim: I know that what we heard today does not beg sympathy for Ghislaine. She has lived her whole life under a cloud. The accident of her brother just after she was born, on Christmas Day. Her narcissistic father overwhelmed her childhood and early adulthood Sternheim: She is over 60 years old. She has no history of violence. When she was moved, in the past two months, to general population she began conducting English classes.

Sternheim: A sentence below the guidelines is sufficient. She should not be sent away from the rest of her life. Judge Nathan: Ms. Maxwell. Maxwell enters the booth to speak. She is in a blue prison shirt over white long sleeved shirt. She puts on glasses & begins

 Maxwell: I empathized deeply with all the victims in this case. I realize I have been convicted of assisting Jeffrey Epstein to commit these crimes. My associate with Epstein will permanently stain me. It is the biggest regret of my life than I ever met him.

Maxwell: I believe Jeffrey Epstein fooled all of those in his orbit. His victims considered him a mentor, friend, lover. Jeffrey Epstein should have stood before you. In 2005. In 2009. And again in 2019. But today it is for me to be sentenced

 Maxwell: I am sorry for the pain you have experience. I hope my conviction and harsh incarceration brings you peace and finality. I hope this date bring a terrible chapter to the end.

  Judge Nathan: Thank you, Ms. Maxwell. I'll get to the statement of judgment.

Judge Nathan: The guideline is 188 to 235 months... A jury convicted her. Ms. Maxwell is not being punished as a proxy of Epstein, but rather for her role in the criminal conduct. She participated in some of the abuse. Her conduct was heinous and predatory.

Judge Nathan: While Jane was 14, Maxwell engaged in sexual conduct with Epstein while she was present... Carolyn confided in Maxwell that she had been raped by her grandfather. Maxwell used it, to subject her to a cycle of abuse. Maxwell touched her breasts.

 Judge Nathan: A significant sentence is necessary. I take into account the history & characteristics of the defendant, including her present lack of danger. She had an overbearing father. She's engaged in environment conservation. [Terramar, here]

 Judge Nathan: Conditions at the MDC have not been what they should be. But Ms. Maxwell has not been singled out. Many of the complaints have been unfounded. This lack of candor is consistent with dishonesty about finances, and in the civil deposition

Judge Nathan: The sentencing submissions did not express remorse or accept responsibility. Ms. Maxwell is entitled to exercise her right to go to trial. But I will take into account her lack of remorse. I conclude that a sentence of 240 months is right.

Judge Nathan: That is 20 years. Then five years of supervised release. I impose a fine of $750,000. She has received a $10 million bequest from Epstein.

Maxwell's lawyer Bobbi Sternheim: The bequest in the will, she has received nothing. Judge Nathan: There are additional assets. The sentence as stated is imposed. Designation? Sternheim: We request the BOP facility in Danbury, Connecticut. And the FIT program

 AUSA Moe: The US moves to dismiss counts 7 and 8. Judge Nathan: You have the right to appeal, within 14 days. Anything else? No. No. Adjourned

The case is US v. Maxwell, 20-cr-330 (Nathan)

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For Robbing From Democracy Prep Charter School Seth Andrew Gets Year and a Day

 

By Matthew Russell Lee, Patreon Maxwell Book
BBC - Honduras - CIA Trial Book - NY Mag

SDNY COURTHOUSE, July 28 – Seth Andrew, who pled guilty to stealing from the Democracy Prep charter schools, was sentenced on July 28 to a year and a day in prison. He requested a September 22 surrender date, to Otisville.   

Andrew's case was assigned to U.S. District Court for the Southern District of New York John P. Cronan, who imposed and explained the sentence. Inner City Press live tweeted it here 

Ok- now Seth Andrew being sentenced for stealing from Democracy Prep charter schools including in Harlem.

 His sentencing guideline is 21 to 27 months in prison. At the defense table he has three lawyers. Judge Cronan: He made an exploding offer to Democracy Prep. They turned him down and he got angry.

 Judge Cronan: The Board of Regents requires charter schools to have funds in escrow. So they are a victim here

Judge Cronan: He was  Congressional page and went to Harvard graduate school of education. There is a need for deterrence.

 Judge Cronan: Mr Andrew, I sentence you to a year and a day. [This extra day allows for "good time" and earlier release.]

 Defense requests surrender Sept 22, to Otisville. Adjourned.

After or amid this thread, Inner City Press was replied to from Marlboro, Vermont, where Andrew bought property and took out a big PPP loan through JPMorgan Chase. More on that to follow?

This case is US v. Andrew, 22-cr-32 (Cronan)

***

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After EDNY Plea of R.Kelly Associate Don Russell Gunn Stays Free But Now No Internet or Discovery

 

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

EDNY COURTHOUSE, July 28 – 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 below.

On July 26, Russell pled guilty in EDNY to harassing a Jane Doe; Inner City Press went to Brooklyn and covered it. Judge Ann Donnelly asked him what he did, and he blamed his mother for the Powerpoint he sent around. He claimed the photos did not show any "extremities;" but the Assistant US Attorney insisted some side views were in. Russell agreed not to appeal any sentence before 33 months.

  If the powerpoint, and tone with Jane Doe's mother, were all he did, 33 months might seem elevated, compared for example with a recent Deferred Prosecution Agreement in SDNY, here. 

Sentencing was set in EDNY for November 17, at the request of counsel Freedman, before SDNY on November 21. Will Judge Gardephe's sentencing for the gun threat conviction disappear into this cropped photograph? Inner City Press put questions to Russell afterward, but he did not answer. Video here, then here.

EDNY Judge Hector Gonzalez on July 28 held a telephone bail hearing on Christopher Gunn a/k/a DeBoSki. The prosecutors wanted him locked up, letter on Inner City Press' DocumentCloud here. Inner City Press live tweeted here:

SDNY called Don Russell "Chicago man;" now EDNY says Christopher Gunn, a.k.a. 'DeBoSki,' Chicago man charged with making interstate threats to kill or seriously injury the #EDNY prosecutors in the #RKelly case.  Judge is Hector Gonzalez.

Judge Gonzalez: I'll deal with the request for bail revocation first. I've review the items submitted. I received a recording on a CD drive from the government. Has the defense see it? AUSA: We emailed it to them. Defense: I only reviewed half of it.

AUSA: I have seen numerous videos of defendant accusing people of being informants... He is a danger to the community. His bond should be revoked. Gunn's lawyer: The US focuses on Mr. Gunn's use of phrases like "Informant-1." But in that video, Gunn is threatened

 Defense: Mr. Gunn has not had any contact with the AUSAs. As to others the conditions must be made clear.  We probably would not object to restricting his computer use.  [There is a lot of cross talk. Someone shouts "Mute your phones, dummies!" Judge says, Thanks]

Judge Gonzalez: Judge Kovner got comfortable with releasing the defendant by the GPS. But it's apparent to me he has been flouting conditions --

Defense cuts in: May I speak on that before you rule? He was allowed to be on his porch. He got no negative feedback

Defense: My clients here in NY are allowed to smoke just outside of their homes. Maybe it's different in Chicago. He understands he can't be on his porch, front or back. He was not flouting. 

Judge: He went across the street & into people homes. Defense: Not into.

Defense: Mr. Gunn and his mother thought it was OK to exercise in this small area. He has a leg issue. He misunderstood.  Judge Gonzalez: I was going to detain him but have been persuaded not to, at least today. I'll just modify the conditions.

 Judge Gonzalez: I order no Internet in the home. No router in the home; I have no confidence in the custodian. 

Gunn: Can you protect my information? Voice: Don't be threatening anyone, fool! 2d voice (yelling) Judge: I'm going to discontinue this call.

 3rd voice: Disrespectful Motherf*cker! Robo-voice: All participants are now in listen-only mode. Defense lawyer: I'm going to need to communicate with Mr. Gunn. Judge: I hadn't thought of that. #SixthAmendment.

 Judge: No smart phone with Internet. We'll have to switch to non smart phone. Also, mental heath evaluation and treatment. Home incarceration. No stepping outside without pre-trial services permission.  Voice (Shouting) Judge: Anything else? Defense: We text.

AUSA: We've given them a draft protective order, to see if we can agree on one.  Defense: With no internet, we won't be able to review discovery.  Judge: Maybe he could go to pre-trial services with a terminal that is secure.

 Defense: I may make a First Amendment motion. Judge: Next is Sept 21 and maybe it will have to be in person. Any motion to exclude time? AUSA: Yes. Gunn: I want to invoke my Speedy Trial -- Defense lawyer: Can we have a moment?

Defense returns: He has no position. Judge: I exclude time. Adjourned. Voice: Why you wanna lock him up for saying #FreeRKelly? 2d Voice: I'm going to be the first b*tch to report on his  a*s. Lock that Motherf*cker up! 3d voice: You guys are so ignorant.

4th voice: All we wanted was #RKelly free and we get this sh*t. Robo-voice: Your conference is ending now. Beep.

We will stay on these cases.

In SDNY 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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