SDNY COURTHOUSE,
July 19 – 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:
OK - in trial against #RKelly
"associate" Donnell Russell for making gun
threat to try to stop Lifetime'd
media screening of Surviving R. Kelly, jury
selection continues, Day 2.
Judge Gardephe: The defendant Donnell Russell
is charged with making an interstate threat.
According to the government, Mr. Russell was
the manager for R. Kelly and conspired or
agreed to convey threats to those attending to
the Dec 4, 2018 screening
Judge Gardephe: Mr. Russell has pleaded not
guilty, that's why we're having a trial. He's
presumed innocent. The US must prove its case
beyond a reasonable doubt. This will be a
short trial, once we get started. A week or
less. We'll begin with follow up questions
Judge Gardephe: I'll call you up to the
bench, based on your answers to the
questionnaire... The first to come up it Juror
Number 2 [same number as yesterday, we are
voluntarily not publishing the name], please
come up.
[Yesterday, of Jury Number 2, Judge Gardephe
said 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. Now there
is questioning - but it cannot be heard. This
threat may go dormant for a while
While this sidebar questioning for
jurors takes place, one note for those
replying that Don Russell is/was not R.Kelly's
manager - this reports what takes place in /
is said in the courtroom. Judge quoted DOJ;
complaint says "Russell, then-manager for
#RKelly."
Maybe Don Russell's lawyer Michael
Freedman will say, He wasn't the manager.
Unclear for now if they'll finish picking the
jury and get to opening arguments today. Watch
this feed.
OK - now Judge Gardephe is asking questions to
the group of prospective jurors (venire) as a
group. Judge Gardephe: Are any of you lawyers
or studying law? One juror says yes, but he
can be fair. Another is majoring in criminal
justice at Berkeley, could be fair
A 3d juror says that 50 years ago he studied
law for one year. Judge Gardephe: I guess it
didn't go well (laughs). Can be fair. A 4th
went to Brooklyn Law School. Can be fair.
Judge Gardephe: What type of clients do
you have, in communications? A: High profile.
A 5th juror is an NYPD police officer
for 4 and 1/2 years. Judge Gardephe: What if
NYPD testifies - would you evaluate them like
anyone else? A: Yes. But I don't think I would
be a great choice. As a police officer. Judge
Gardephe: Search your conscience.
After a long sidebar discussion press
couldn't hear, the NYPD officer is excused.
Will not be a juror. Now another prospective
juror says he's a civilian employee of the
Yonkers PD. Says he can be impartial. Another
says her grandfather was a corporate lawyer.
Yet another says his father was a lawyer in
general practice. Another describes himself as
"corporate litigator" for financial
institutions, some under criminal
investigation. A female juror says "My
husband is a lawyer, unfortunately." Other
jurors laugh.
Judge Gardephe has given jurors a lunch
break. Once they leave, he tells the lawyers
there will be no testimony today, and probably
not the open arguments either, unfortunately.
If it starts today, we're be here. Tomorrow
too (with a new thread). Watch this feed
Judge Gardephe questioning continues: I
expect the government will offer evidence
obtained from social media platforms. Does
anyone feel strongly about that? [No
prospective juror says yes.] Judge Gardephe:
Has anyone formed an opinion that these
charged crimes should not, in fact, be
prosecuted? [No answers]
That completes the general questioning.
Now, a few questions for each - not to pry,
but to help the lawyers pick a jury
Judge Gardephe: I'll ask your county of
residence, education, your employment and that
of your immediate family, prior jury service,
and about your reading and viewing habits, and
hobbies. Juror 1 works for state corrections.
Never served on a jury.
Juror 2 lives in The Bronx, he's 28.
Likes hanging with his friends. Next juror
lives in Manhattan, he's retired. Next
lives in The Bronx. Never on a jury.
Next lives in Manhattan, technical degree.
Works for an insurance company. Likes to read
romance novels
Next juror lives in Manhattan, has a
doctorate in art history. Reads the New York
Times and art magazines. Like PBS, sailing,
"art, obviously." Next juror also lives in
Manhattan. She's 28. BA in finance, works at
Morgan Stanley. Before that was at Goldman
Sachs
Next juror lives in Manhattan. English
literature. Works at Simon and Schuster. Was
previously on a criminal jury, as an
alternate. Next juror lives in Manhattan
for 24 years. He's 57. He has a J.D. (juris
doctor). Works in a law firm on construction
litigation
Next juror lives in The Bronx. She's studying
criminal justice. Next juror lives in
Manhattan, for 44 years. He's 66. BA in music.
Teaches voice in a musical theater program.
Reads the New York Times. Likes "Breaking
Bad." Rides his bike and does puzzles.
Next juror lives in Westchester, he's 63
with a B.S. His wife's a dentist, son works at
the United Way. Likes mystery books and old
movies.
Next juror in Manhattan, for 19 years. He's
47. He has a Ph.D. Professor at Brooklyn
College, organic chemistry. Next juror lives
in Manhattan for 20 years. He's 72. Bachelor's
degree. Semi-retired. Was in import / export.
He likes Netflix, likes Law & Order. Judge
Gardephe: It's just like this, isn't it?
(Laughs)
Next juror has roommates. One works in the
Mayor's Office. Likes Netflix, and Law &
Order - specifies, SVU. Next juror lives in
Manhattan for 34 years. She's 57. She studied
financial accounting. She's an equity research
analyst at Goldman Sachs.
A juror, when asked "What do you like to do,"
says "Sleep." Judge Gardephe laughs and says,
The importance of sleep cannot be
overestimated. Next juror does PR for people
in litigation. Uses Twitter, like sports and
the entertainment industry. On TV, The West
Wing
Next juror lives in The Bronx. Is an
NYPD police officer. Next juror also
lives in the Bronx, for 21 years. He's 48. His
wife is a nurse's aide. Like the Mail Online,
and the TV show 48 Hours. Likes hanging about
with his kids.
A juror says she likes the Yankees.
Judge Gardephe says Well the Yankees are going
well, we can all be grateful for that. Next
juror is an accountant. His wife works at a
pharmaceutical company. Next juror lives
in Westchester, works for an investment firm.
Next juror is a law professor, teaches
professional responsibility. Reads the New
York Times, like Criminal Minds - but does NOT
like "Bones." Likes to drink wine. Judge
Gardephe: I'll see the lawyers at sidebar.
Judge Gardephe tells the jurors to
step out for 15 minutes then return, for the
final stage.
OK - there is now a jury of 12, with 2
alternates. The others leave. Judge Gardephe:
This is my courtroom deputy, he will show you
to the jury room. You are the triers of fact.
Evidence consists only of the testimony of
witnesses, document and stipulations
entered... OK, we'll see you tomorrow for
opening arguments. [We'll be here.]
Now with jurors gone for the day, Don
Russell's lawyer Freedman wants some
redactions. Assistant US Attorney: There is
no basis to redact it just because it says,
Call me Daddy.
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.
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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