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In R.Kelly Trial Motion for Pseudonym for Witness, No Press In Room, 8 Exhibits Posted On Day 3, Now Day 4

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

FEDERAL COURT, August 23– The morning of jury selection in the R.Kelly trial, which began on August 18 with no call-in line and no Press or public in the courtroom, his lawyers docketed a motion to dismiss, below. Reverse chronological:

For Day 4, with victim(s) with pseudonym(s) projected to testify, here's the US Attorney's Office motion in limine to keep their identities from public disclosure:

"The government respectfully submits this memorandum of law in support of  its motion in limine in advance of trial in this matter, currently scheduled to commence on  August 9, 2021. This motion in limine seeks to protect the identities of certain charged  victims referred to as Jane Doe #2, Jane Doe #3 and Jane Doe #5 in the third superseding  indictment (hereinafter referred to as the “Victim-Witnesses”) that are expected to provide,  and/or will be the subject of, sensitive and personal testimony concerning illegal sexual  abuse, sexual contact and other acts committed by the defendant at trial.1  Specifically, the  government moves the Court to: (1) permit the Victim-Witnesses to testify using a  pseudonym or their first names only; (2) limit references to each of the Victim-Witnesses in  open court to their pseudonyms or first names only; and (3) prevent public disclosure, via  cross-examination or otherwise of the Victim-Witnesses respective addresses, names of  family members or exact place of employment, if any."

Inner City Press is publishing the full motion on its DocumentCloud here, and song here.

On Day 3, Anthony Navarro said he's since worked with Taylor Swift, Jay-Z, & Kanye: “Most of the work [for them] is just professional work." And the rest of the work? There were eight more exhibits; Inner City Press immediately published four of them here.

On Day 2, Jerhonda Pace was cross examined, with Deveraux Cannick asking her about a settlement she signed stated that she agreed she never revealed to Kelly that she was a minor. Dr. Kris McGrath was questioned by AUSA Nadia Shihata    Police Officer Garrick Amschl of the Olympia Fields Police Department testified. And (much) later, 20 exhibits, with Inner City Press immediately posting nine of them, here.

  As Inner City Press noted mid-day, Judge Donnelly admonished R.Kelly's defense... for a tweet. Inner City Press has reached out and will report results. For now, this.

 On Day 1 of the trial, August 18, after openings by Assistant U.S. Attorney Maria Cruz Melendez and then defense counsel Nicole Blank Becker, the first government witness, Jerhonda Pace ("Jane Doe #4") testified on direct examination. The docket reflects: "Witness sworn and testified. Exhibits marked and entered into evidence." But as of 9:45 pm, none of the exhibits were available.

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, which is scheduled to commence on August 18, 2021.  This motion seeks to dismiss the predicate acts alleged in Count 1, numbers 12 and 14, as well as  the Mann Act violations alleged in Count 6 through Count 9 and in Count 1 Racketeering Act 1,  Racketeering Act 2, Racketeering Act 3, Racketeering 7, Racketeering Act 10 and dispute the  venue in the third superseding indictment filed on March 13, 2020, pursuant to the Rule 12(b)(2)  of the Federal Rules of Criminal Procedure."

  Inner City Press is publishing the full memo on its DocumentCloud, here.

   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 July 28, Judge Donnelly has denied even this: "Before the Court is a request that the Court “permit a pool of six reporters to attend the trial in person in the actual courtroom.” The request is denied. The COVID-19 pandemic has posed unique challenges to the work of this Court, as it has to courts around the country. The Eastern District of New York has risen to these challenges, resuming in-person proceedings, including trials, while taking steps to ensure the safety of the public and courthouse personnel. After consultation with experts, the Chief Judge issued a series of Administrative Orders and implemented safety measures in the courthouse, including temperature checks, symptom screening, a mask requirement and social distancing. have been reconfigured to meet these needs. As a consequence, jurors no longer sit in the jury box, as they did before the pandemic, but in the gallery, which previously was occupied by the public, including members of the press. Social distancing protocols require that the jurors be spaced out in the gallery, leaving no room for the public. It would be inappropriate to seat the jurors with members of the public, including reporters, even if there were adequate space. That is especially true in this case, where the jury will be anonymous and partially sequestered... Although spectators may not be able to view the trial from inside the courtroom because of the social distancing required of trial participants and jurors, the feed in the overflow rooms will be in real-time. Moreover, even in non-pandemic times, courtrooms are physically limited spaces; it is often the case that spectators are unable to sit in the courtroom, and must instead go to an overflow room. There is no reasonable alternative to the protocols adopted by this District."

 If COVID is the reason, why no call-in line, such as Inner City Press requested and obtained elsewhere? We'll have more on this, and related issues.

  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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