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Before R.Kelly Trial in EDNY Greenberg Fired Or Quits, Marshals To Move RK to BK in Aug

By Matthew Russell Lee, Patreon Song Podcast
BBC - Decrypt - LightRead - Honduras - Source

FEDERAL COURT, June 9 – There was an R.Kelly arraignment amid the COVID-19 pandemic on April 30 before U.S. District Court for the Eastern District of New York Magistrate Judge Cheryl L. Pollak. It was short - not guilty plea - but revealed that the Metropolitan Correctional Center in Chicago has a new medical report on R.Kelly that may become part of a renewed bail application. Inner City Press live tweeted it here; more on Patreon here.

 On February 1, Inner City Press reported that Richard Airline was set to plead guilty on February 2.

And on February 2, it happened. Inner City Press live tweeted it here.

Now on June 9, 2021, R.Kelly himself spoke, how ever briefing, as his lawyer Mr. Greenberg tried to say he was quitting. R.Kelly's remaining lawyers say Greenberg was fired, and want to say more in writing. Inner City Press live tweeted it, here: (June 9 short podcast here)

Mr. Greenberg is trying to get out of the case.

  Greenberg: Some members of the defense team cannot deal with stress, so we couldn't give them some witnesses --

Judge Ann M. Donnelly: This would be better in a letter. Voice: Yeah, this is -- Judge: Who is speaking?

Greenberg: We could not discuss this with Mr. Kelly. He did not want to meet with us. We could put it in a letter under seal. Judge: He has two other counsel.

Mr. Leonard, anything to add? Leonard: We'll do it in writing. [Inner City Press: Under seal?]

2d Lawyer: Mr Kelly terminated Mr. Greenberg last week. He does not want Mr. Greenberg involved. Mr. Greenberg's motion is moot.

R.Kelly, speaking for himself: First, thanks for letting me speak. Judge: You have four lawyers, for now. Do they suggest this? Voice: May I voir dire him?

Judge: No. I accept Mr. Kelly's representation he does not want Mr. Greenberg to represent him. That's all.

Assistant US Attorney: We have filed with Marshals to move Mr. Kelly to New York before jury selection on August 9. Judge: He should be hear for the final pre-trial conference, which will be in person. I'll put it in the docket, the date of it.

 Mr. Greenberg: Thank you, your Honor. It's been a pleasure to work with these prosecutors (?).

Voice: We will be filing motions. Judge: I don't know what you're talking about. But there's a schedule for motions in limine.

Voice: We want to respond to what Mr. Greenberg made public. Judge: OK, file away. We are adjourned.

On April 19, Michael Williams pleaded guilty, to burning up a car in Florida. Inner City Press live tweeted it, here:

guilty plea of Michael Williams, charged with witness tampering to influence, delay and prevent the testimony of Jane Doe in US v Robert Sylvester Kelly, before EDNY Judge Donnelly.

 Judge Donnelly: I understand you have a plea agreement - is that your signature? Williams: Yes, ma'am.

Judge Donnelly: I will not be able to determine what the sentencing guidelines are until after the pre-sentencing report, do you understand? Williams: Yes ma'am.

AUSA: This is offense level 23, criminal history 3, the guideline is 57 to 71 months. However, the mandatory minimum is 60 months. So really, it's 60 to 71 months.

Judge Donnelly: How do you plead? Williams: Guilty. Judge Donnelly: What did you do? Williams: I drove to Kissimmee, Florida and set someone's car on fire in their driveway.

 Judge Donnelly: Was it your purpose to damage the car? Williams: Yes. AUSA: He used Enterprise rent-a-car, in interstate commerce. Judge: I accept the plea. Sentencing Oct 5 at 11 am. Adjourned.

On April 15 as to R. Kelly himself, for the EDNY trial in August the draft juror questionnaire is to be circulated since, as emphasized by R. Kelly's lawyer Mr. Greenberg, "a lot has happened in the country since the first draft" - George Floyd - and the January 6 Capitol events? Inner City Press live tweeted it, here:

now court proceeding in US v. R.Kelly, charged with racketeering, sexual exploitation of a child, bribery, kidnapping, forced labor and Mann Act Coercion and Enticement, before EDNY Judge Ann M. Donnelly.

Judge Donnelly asks, Any impediments to the scheduled August trial? #RKelly Defense lawyer: What would a trial look like? Via headsets? 

Judge Donnelly: We are going trials in the EDNY. I haven't done one yet. [In SDNY, there are trial right now, here]

Defense: We can go forward, then. Judge Donnelly: As time goes on, some restrictions may change. I'm going to say we're go to in August. July questionnaires will go out on July 26. We'll have motions in limine. What's the status of discovery? AUSA: We continue

 AUSA: There are some more electronic devices, we are making copies.  Defense lawyer Greenberg: They did disclose to us the names of the Janes Does earlier this week. But I have one other thing: we can see the draft of the juror questionnaires?

Defense lawyer Greenberg: There's been a lot going on in the country since 1st draft of juror questionnaire. Judge Donnelly: Yes, a lot has been going on. [George Floyd? Jan 6 #insurrectionBlues?]

Adjourned. Podcast here.

Watch this site.

 On September 29 there was a proceeding in which a January 25, 2021 trial date was floated. Inner City Press live tweeted it, below.

  In October, R. Kelly Judge Ann M. Donnelly has been put in charge of the cases of  Donnell Russell and Michael Williams, transferred from EDNY Judges Roslynn R. Mauskopf (Chief Judge) and Allyn R. Ross, respectively. Meanwhile, Judge Donnelly has granted the government's request for an anonymous and partially sequestered jury for the R.Kelly trial. Watch this site.

From September 29: EDNY Judge Ann M. Donnelly projects a January jury selection, and Jan 25 beginning of testimony. R.Kelly's lawyer Anton says he does not anticipate needing interpreters.

 Judge Donnelly says the trial is estimated at three weeks, and that she wants to "give Mr. Kelly a speedy trial." She asks about the feasibility of having four lawyers at the defense table, given COVID. His lawyers asks for another scheduling conference next week

 Judge Donnelly: I've heard that the situation for defense lawyers meeting with their clients is pretty good in Chicago -- Defense lawyer Greenberg: I disagree. Yesterday the Internet wasn't working so we did it by phone. Judge Donnelly: Everything is relative.

 Judge Donnelly: So you all will confer about a trial date and on discovery. AUSA: And on 3500 material. Judge Donnelly: In any kind of complex trial, we want to get that as early as possible, beyond what the statute says.

 Judge Donnelly: We need some lead time to get the jury questionnaires out. So write to me about that too. Thank you, we are adjourned.

 Back on August 12, this from the EDNY US Attorney's Office (the three unsealed Complaints are on Patreon here) - "Three separate criminal complaints were unsealed yesterday in federal court in Brooklyn charging defendants Richard Arline, Jr., Donnell Russell and Michael Williams, respectively, with crimes relating to their efforts to harass, intimidate, threaten or corruptly influence individuals named as alleged victims in the racketeering case against Robert Sylvester Kelly, also known as “R. Kelly,” currently pending in the Eastern District of New York...

 On August 14 at 11 a.m., Arline was before EDNY  Magistrate Judge Peggy Kuo (who arraigned Donnell Russell the afternoon before). Inner City Press again live tweeted: 

Judge Kuo: You are charged with witness tampering. Did you get a copy of the complaint?

Arline: Yes. And I spoke with Mr. de Castro about it.

Cesar de Castro: We waive the public reading and waive to the 30th day [for preliminary hearing]

Judge Kuo: I understand Mr. Arline is out on bond of $10,000 in the Northern District of Illinois. EDNY Pre-Trial services wants alcohol abuse testing and travel limited to NY and IL.

AUSA: We've agreed to $75,000 bond, and no contact with Jane Does 1-5

 AUSA: I've provided the names of Jane Does 1-5 to the defense.

De Castro: Yes, we have the names. Kuo: You are limited to IL, the Eastern District and New York City, that's all. [Seems to not mention Westchester and other SDNY counties]

Judge: On alcohol it's testing and evaluation and only if necessary, treatment.

Arline: I agree. 

Judge: May I sign on your behalf? Arline: Yes. Judge: OK, we are adjourned.

Previously: full decision on Patreon here.

  US letter and analysis on Patreon here.

 On April 30, R.Kelly was on the phone from the MCC in Chicago to be arraigned

EDNY Judge Cheryl L. Pollak asked him, I take it you speak English?

R.Kelly said, clearly, Yes.

The judge asked the prosecutor, Which are the new charges?

 The Assistant US Attorney after her computer froze then unfroze said, 2, 3, 4 & 5.

  Defense lawyer Anton of Hackensack, New Jersey turned it over to Illinois lawyer Mr. Leonard.

  The judge said, It is impossible for Mr Kelly to be transferred back & forth to New York given Covid-19.

Mr Leonard: We enter a plea of not guilty.

The judge asked, Mr. Leonard, you have no concern if he understands the charges?

Leonard: That is correct.

Judge: You are not making a bail application?

Leonard: Not at this time. There is an issue we wish to raise to you.  The MCC (Chicago) lawyer Mr. Standeser-Malott told us they have a new medical report on Mr. Kelly. We'd like to have it ordered, to be part of a bail application later.

Judge: OK, everyone stay safe. And it was over. More on Patreon here.

On April 16 before EDNY District Judge Ann M. Donnelly, Inner City Press live tweeted it,
here. More on Patreon here.

 Now on April 21, the prosecutors have written to Judge Donnelly: "Re: United States v. Robert Sylvester Kelly  Criminal Docket No. 19-286 (S-3) (AMD)          Dear Judge Donnelly:   On April 20, 2020, counsel for the defendant Robert Kelly filed a letter with the Court indicating that he had been advised the night before that an inmate on the defendant’s floor “had tested positive for Covid 19 and been taken to the hospital.”  ECF Docket No. 59.  The letter further indicated that “counsel had reached out to the correctional center this morning to verify this information but as of yet have not heard back.”  Id.  Following receipt of defense counsel’s letter, the government forwarded the letter to legal counsel for the Metropolitan Correctional Center in Chicago, Illinois (“MCC Chicago”) and sought confirmation regarding whether the information in the letter was accurate.  Yesterday, legal counsel for MCC Chicago confirmed that an inmate on the defendant’s floor had been taken to the hospital and tested positive for COVID-19."

again opposed any release for R.Kelly (amid the release, for example, Tekashi #6ix9ine), stating "it is disingenuous for the defendant to suggest that he has “no means to go anywhere.” (Mot. at 3). He continues to have a significant network of individuals available to assist him. Indeed, many of those individuals attempt to do the defendant’s bidding by regularly posting and appearing in videos on the internet and publishing on social media in support of the defendant and overtly trying to intimidate the defendant’s accusers. Moreover, the defendant still has the financial means to flea and commit obstruction. In the first quarter of 2020 alone, the defendant received over $200,000 in royalty proceeds."

    There was an indefinitely postponement, but for a September jury questionnaire, of R.Kelly's previously scheduled July 7 EDNY trial on charges of racketeering, sexual exploitation of a child, bribery, kidnapping and forced labor.

   Judge Donnelly asks if R.Kelly had waived his appearance. His lawyer responded that he spoke to Mr. Kelly who was "despondent." 

 Judge Donnelly replied, Let's keep it simple. Did he waive his appearance?   The defense lawyer said, Yes.

     Judge Donnelly said, I think a July trial is unlikely. 

 A lawyer mused that even if the economy is re-opened, it is questionable if people are going to be willing to serve on juries.  

  Judge Donnelly pointed out, Mr. Kelly has to be arraigned on new charges, by video... I don't want to step on anyone's toes out in Chicago. What about April 30? What about questionnaires on September 14? The defense lawyers don't necessarily have to come.     

R.Kelly's lawyer emphasized, We want the New York case to go first.

    Judge Donnelly continued, So two weeks after the questionnaire.

    Lawyer: The 28th is Yom Kippur. So let's do 29th.

    Judge Donnelly asked, Why have you made your bail application to me, when it's about Illinois? I've asked the US to respond. But I'm curious.

  R.Kelly's lawyer quickly said, We could re-file it in Illinois. We didn't want him to be released in Chicago and then for you to jail him.  

  Judge Donnelly said, That could happen.

 [In fairness to some online replies, the reality is if any defendant is subject to two judges' or jurisdictions' detention orders, if the first orders release, the defendant would still be arrested on the second order unless it is removed.]

   Judge Donnelly continued, Anyway, I've asked the government to respond. Let's just go forward. Anything else we need to do today? 

  Counselor Greenberg said, You mentioned April 30 for arraignment by video, but they're not bringing anyone to the court in Chicago.

    Judge Donnelly said, Here in New York, they're setting up video arraignments. I'll look into it. Stay safe and talk to y'all soon. And that was it. Inner City Press will continue to follow and report on the case. It is US v. Robert Sylvester Kelly, a/k/a R. Kelly, EDNY Docket No. 19-cr-286 (AMD).  More on Patreon here.


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