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For R.Kelly Trial US Asks To Get in 1991 Testimony of Abuse Amid Forensics of Semen & Snoring in Overflow Room

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

EDNY COURTHOUSE, Sept 4 – 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.

  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.

 During the proceedings, several times the prosecutor said an exhibit was being entered into evidence, but it was not even put on the screen for the press and public to see. Since August 23 to the morning of September 2, only one exhibit was made available.

  Now on September 4 the US has filed a motion in limine to try to get into evidence testimony about events in 1991: "If permitted to testify regarding her sexual abuse by the defendant, Jane Doe  #7 is expected to testify that in or about 1991, she met the defendant at his apartment in  Chicago, Illinois after a female acquaintance, who was also a minor and an aspiring singer,  invited Jane Doe #7 to come to the defendant’s apartment with her. Two other minor  females also came to the apartment with them. Notably, when the minors arrived at the  defendant’s apartment, certain of the defendant’s associates – including his tour manager,  Demetrius Smith – were at the apartment.

Inside the apartment, the defendant went inside a  room and invited each of the minor females into the room ad seriatim until they all were  inside. The defendant’s associates remained outside the room. After Jane Doe #7 entered the room, the defendant initiated and engaged in sexual intercourse with her. Jane Doe #7  also saw the defendant engage in sexual contact with other minors inside the room. 

Thereafter, the defendant regularly invited Jane Doe #7 and the other minors to visit him at  his home and at his recording studio. In 1992, Jane Doe #7 became part of a girl group that  traveled with the defendant providing background vocals and dancing. (Jane Doe #7 was  still a minor and worked mainly as a background dancer.) In this time period, the defendant  introduced Jane Doe #7 to Jane Doe #1, another minor and aspiring singer who the defendant  began working with.

The defendant indicated to Jane Doe #1 that Jane Doe #7 and other  members of the girl group were to become Jane Doe #1’s “posse” and best friends.  Subsequently, while traveling as a back-up dancer on tour with the defendant along with Jane  Doe #1 and others, Jane Doe #7 observed the defendant engage in sexual contact with Jane  Doe #1 in a room at the back of his tour bus.  Such evidence is necessary background for, and inextricably intertwined with,  the evidence the Court has permitted Jane Doe #7 to testify about, namely her witnessing the  defendant engaged in sexual contact with Jane Doe #1. The full context of Jane Doe #7’s  own interactions with the defendant – including her sexual interactions with him as a minor  and her having previously witnessed sexual acts between the defendant and other minors – is  necessary to explain why she was in a position to witness the defendant engaged in a sexual  act with Jane Doe #1, also a minor. Without this context, the jury is likely to be left  wondering why Jane Doe #7 – also a minor – was hired as a background dancer for the  defendant’s tour and why the defendant was careless enough to engage in such sexual contact with Jane Doe #1 on a tour bus where Jane Doe #7 was present. FN: In addition, based on the trial thus far, the defendant undoubtedly intends to crossexamine Jane Doe #7 regarding what she witnessed and to argue that she is fabricating her  account of what she witnessed." Yes, that would be a line of cross-examintion...

  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.

Previously, 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.

  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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