SDNY COURTHOUSE,
July 20 – 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 20, there
were opening arguments and
witnesses - seemingly, more
than half of the case. Inner
City Press live tweeted here:
OK - Trial of
#RKelly "associate" Donnell
Russell set to kick off with
oral arguments, after 2-day
jury selection. Yesterday
Judge Gardephe kept out of
evidence a text about "call me
Daddy."
All rise! Judge
Gardephe: I understand the
lawyers have an issue?
Assistant US Attorney: Yes, we
have agreed on redactions.
Judge Gardephe: Do I
understand we will hear
testimony today from the
person who received the call?
AUSA: Yes.
Opening
arguments. Assistant US
Attorney: The defendant called
and said someone had a gun and
would shoot up the theater. He
wanted to shut down the show.
You see, that show was a
documentary about the
defendant's boss, recording
artist RKelly.
AUSA: In that
show, women said things that
would expose RKelly and cost
him money. There was a live
panel discussion scheduled, to
hear the women speak about
R.Kelly. The defendant wanted
to keep these woman quiet.
This threat worked. The
theater was evacuated
AUSA: That
was because the defendant
picked up the phone & made
that threat. He knew that his
words would sabotage the
event. And that's exactly when
happened. The defendant
committed Federal crimes. That
is why you're here today. That
is what this trial is about.
AUSA Lara
Pomerantz: "The defendant
worked for #RKelly as his
manager." If R. Kelly was
making lots of money, the
defendant stood to gain. If
not, it hurt the defendant's
bottom line.
Lifetime had produced a
docu-series about R.Kelly,
devastating to his career
AUSA: Lifetime
partnered with a theater in
NYC, to host the premiere on
Dec 4, 2018. The defendant
sent an email pretending to be
someone else, that he
invented. Why? Because he
wanted to convince Lifetime by
smearing the women in the
docu-series.
AUSA: On Dec 4,
the defendant called the
theater nine times, trying to
get someone who worked at the
theater on the phone. He spoke
with an employee and pretended
to be someone else, just like
in the email. He pretended to
be a lawyer representing
RKelly
AUSA: Then the
theater go an online
submission from this so-called
lawyer, who was the defendant,
a cease and desist demand. But
the event was going forward.
He had a co-conspirator on the
inside, named Kash Jones
AUSA: The
defendant called two NYPD
stations; he blocked his phone
number. He called the FDNY and
an affiliate. Then he called,
from his home in Chicago, the
theater here in Manhattan. The
same employee answered. This
time, the defendant said
someone had a gun
AUSA: The
defendant said, Someone in the
event has a gun and is going
to shoot up the place. The
theater employee was scared.
He had just been told someone
was going to shoot up a
theater full of people. He
spoke to his managers and
called 911.
AUSA: The theater
was evacuated. The airing of
the docu-series was cut short.
There was no panel discussion.
The defendant texted Kash
Jones, his person on the
inside, that the police may be
coming. Then he texted her
again & said, Delete my
text about the police
AUSA: This was a
terrifying inter-state threat,
to sabotage an event to
protect RKelly and his own
business. As a result, he is
charged in two counts:
inter-state threat, and
conspiracy to do the same
thing
AUSA: How will we
prove this to you? You'll hear
from people who were at the
theater that night, including
the employee who took the
defendant's calls.... You'll
see the emails between the
defendant and Kash Jones.
AUSA: You will
see interviews the defendant
did saying, Yes there was a
threat, and that he was happy
about it. This will be a short
trial...
Donnell
Russell's lawyer Freedman:
Some of what you will hear
will not be about Don Russell,
but instead about #RKelly. But
this trial is not about R.
Kelly - it is about Don
Russell. Your job is to hear
evidence. It is hard. Inner
City Press @innercitypress ·
7h Freedman: You're going to
have to separate out the
evidence about #RKelly. You
told us, when you filled out
the questionnaire, that you
can put aside the information
about R. Kelly and be fair and
impartial.
Freedman: It's
like the game of telephone - I
know some of you remember it.
A message gets garbled as it
moves around. But some
of the evidence does relate to
Mr. Russell. He's an
entertainment executive. In
2018 he tried to help Robert
Sylvester Kelly, #RKelly
Freedman: Mr.
Russell did try to get
Lifetime to cease and desist,
by saying the documentary
infringed on Mr. Kelly's
copyright. He did contact Kash
Jones. You'll see their text
messages. Yes he kept calling
the theater, to talk about
copyright infringement
Freedman: Mr
Russell was in Chicago, so he
couldn't just call NYC 911. So
he called the stations. And he
told Kash Jones about it. You
see, it was a busy day, the
theater was getting a lot of
phone calls. The desk staffer
got a call from a different
guy...
Freedman: This
other guy told the employee
there was someone in the
theater with a gun. The
evidence is not going to be
black and white. You're not
going to hear that call, only
the employee about it.
Remember, the game of
telephone.
Freedman:
You'll hear the 911 call, but
not the threat call. At some
point, the police did come.
And someone said, let's look
at the phone log. The employee
didn't know which call had
been the threat. But Mr.
Russell's name was on the call
log.
Freedman: We are
asking you to pay close
attention to the evidence.
There is evidence he was
pleased with the result, which
he had hoped for. But it
doesn't show that he made that
threat. In that interview,
he'd going to say he was
raising copyright.
Freedman: A lot
of the evidence, I'm not going
to dispute. It may not make
you think highly of him. You
may not think it was a good
idea. But you're going to have
to decide if there's enough
evidence about the threat call
to find that he made it.
Freedman:
Mr. Russell is not guilty.
Thank you. Judge Gardephe:
First witness. AUSA Davis: The
government calls Isaiah
Hemingway... What do you do
for work? Hemingway: I worked
at the theater, it was a
members-only club on 25th
Street between Madison and
Park Ave
AUSA: Did
you attend an event involving
#RKelly? Hemingway: Yes, the
premiere of Surviving R.
Kelly. AUSA: Did you recognize
anyone? Hemingway: R. Kelly's
ex-wife. AUSA: Then what
happened? Hemingway: They
suddenly said we had to
evacuate. I was scared.
AUSA: Show the
witness and counsel Gov
Exhibit 202. What is it?
Hemingway: A picture I took of
the screening room. AUSA: The
government offers Exhibit 202.
Judge Gardephe: Any objection?
Freedman: No. Judge Gardephe:
It is admitted [into evidence]
AUSA: No further
questions. Judge Gardephe:
Cross examination. Freedman:
We've never met, correct?
Hemingway: Correct. Freedman:
When you met with the US on
June 23, you weren't sure if
anyone said there had been a
threat, right? Hemingway: I
don't know the date
Freedman: You
read the press, about a gun
threat, right? Hemingway: Yes,
I read the press. But I knew
if we had to evacuate, I knew
there had to have been a
threat. I saw law enforcement.
Freedman:
Even the evacuation, it took
you a couple of minutes to
decide it was serious, right?
Hemingway: I was just thinking
in the spur of the moment.
Freedman: You yourself never
heard a threat, right?
Hemingway: No. But I knew it
was serious.
Freeman:
Nothing further. Judge
Gardephe: Next witness. AUSA
Pomerantz: First some
photographs, we'll put them on
a board: Donnell Russell, Kash
Jones... Judge Gardephe: If no
objection, go right ahead.
AUSA: And the 911
call, as evidence. Freedman:
No objection. OK, jury is back
from break. AUSA Davis: I want
to focus on communications
between 7:12 & 7:27 pm.
What's this? Witness: Donnell
Russell made a phone call. And
uses *67.
AUSA Davis: Pull
up Gov't Exhibit 902. What's
this? Witness: Russell using
another number. AUSA: At this
time, we would like to play
Govt Exhibit 701. Judge
Gardephe: Go ahead. 911 call
is played, from Adrian, citing
"an anonymous phone call... I
hope you understand my
urgency."
Now
prosecution plays video of
Donnell Russell saying he sent
cease and desist
communications to
Lifetime and others.
AUSA Davis: No further
questions. Judge Gardephe:
Cross examination. Freedman:
Where do you live - the Bronx
or Manhattan? AUSA: Objection.
Freedman: Do you live in NYC?
Witness: I no
longer live in NYC. Judge
Gardephe: You need to speak up
Mr. Freedman. Freedman: I'm a
bit trapped in here [in
plexiglass COVID protection
booth] You worked with
the prosecutors on all this,
right? Witness: Yes.
Next
witness is former Neuehouse
Member Services Manager Adrian
Krasniqi, until 2021.
AUSA: What was your job in
2018? Krasniqi: Member
Services Manager. AUSA: What
did you do at the front desk?
Krasniqi: Answer emails and
the phone.
AUSA: On
Dec 4, 2018 what was there?
Krasniqi: A screening of
Surviving R. Kelly in our
screening room. There were
about 70 people. AUSA:
The call you received, what
did the caller sound like?
Krasniqi: Deep voice,
professional. The call was
brief.
AUSA: What
Gov Exhibit 1203? Krasniqi: A
Post-It note with my
handwriting on it. It says a
representative of RKelly's
legal team, cease and desist,
copyright, 6:32 pm.
AUSA: What did
you do? Krasniqi: Spoke to my
manager. She said, tell 'em to
put it in writing. AUSA: What
was the next call? Krasniqi: A
threat about a gun. The voice
was deep and serious, very
much like a thug. AUSA: Did
you think it was the same
person as the copyright
threat? Krasniqi: They were
similar deep male voices.
AUSA: What
did you do? Krasniqi:
Contacted a colleague Kastriot
Pacarada. We flagged down our
general manager Alison Hunt.
She told me to call the
police. I called 911.
[911 call is played]
911 operator: So
there were shots fired in the
building? Krasniqi: No, there
was an anonymous call about a
gun. AUSA: In 2018 did you
sometimes use drugs? Krasniqi:
I smoked weed. But not that
day.
AUSA: No further
questions. Judge Gardephe:
Cross examination. Freedman:
You spoke a lot with the
prosecutors - seven times
since June, right? Krasniqi: I
guess. Freedman: And
that night, you called your
dad? Krasniqi: I don't
remember.
Freedman: And the
first caller, about cease and
desist, the caller sounded
professional, you said, right?
Krasniqi: He sounded like a
lawyer. Freedman: And
the second caller, you called
him a thug?
Krasniqi: He had
a Brooklyn accent. I was
living in Brooklyn.
Freedman: Is this
a photo of the phone at the
front desk? AUSA: Objection!
Judge Gardephe: Overruled.
Krasniqi: It looks like it.
Freedman
asks about mushrooms and acid.
On re-direct, AUSA Pomerantz
ask if he took either that day
(no) & if when sober he
has a good memory (he says he
does). And with that, the
trial day is over.
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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