SDNY COURTHOUSE,
Dec 1 – After the conviction
and sentencing of R.Kelly in
the Eastern District of New
York, on July 18, 2022 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 22,
Russell was found guilty of
interstate threat, and
sentencing was set for
November 21 at 10 am. Thread
below.
On November 4,
SDNY Judge Paul G. Gardephe
ruled against Russell's
motions for acquittal or a new
trial, but pushed sentencing
back to December 19.
On December 15,
the US Attorney's Office wrote
in to Judge Gardephe asking
that a dial-in number exist
for the sentencing. While it
is requested for
"Individual-1" who attended
and was evacuated from the
NeueHouse, if such a line is
established, the public should
be able to call in on a listen
only basis too, it would seem.
Watch this site.
On December, the
victim (the mother of Faith
R.) did call in. Inner City
Press was in the courtroom, thread:
Judge: He was
protecting a prolific
molester. Judge Donnelly
imposed a substantial 20 month
sentence and that is
sufficient. I impose one year,
concurrent. No extra time.
Fine of $10,000.
Russell wants to
postpone surrender date from
Feb 21 to May 1 - because he
says he's getting a government
grant in March.
On May 22, after
Russell fired his lawyers,
docketed was his pro se
"motion to dismiss,"
describing himself as vessel
and with an 1099. He also
requested an extension after
having missing the time to
appeal.
On May 31, Judge
Gardephe noted that the
request was all about trial
strategy, not why the appeal
notice was not filed in the
required time. Russell's
motion was denied.
On June 21, 2023,
Donnell Russell filed again,
this time stating that
"Attorneys are considered
Foreign Agents under the
Foreign Agents Registration
Act and are Subjects of the
Bar Association... It is a
violation of the 11th
Amendment for a foreign
citizen to invoke the judicial
power of the state."
On July 14,
Donnell Russell filed with the
Clerk of Court of the SDNY his
letter to Janet Yellen, and
his cover letter that "the
Federal Government took much
of our lawful money out of
circulation in 1933, i.e.,
gold coins."
On December 1,
2023, Russell lawyer at trial
filed an affidavit, after
Russell waived privilege,
reiterating that Russell did
not tell him he wanted to
testify, quoting him "Nah,
man, I ain't testifying."
Meanwhile in
EDNY, R Kelly has paid it off:
"WHEREAS, a judgment was
imposed against the defendant
and in favor of the United
States of America, in the
amount of $520,549.90, that
is, restitution in the amount
of $379,649.90, plus interest,
a fine in the amount of
$100,000.00, plus interest, a
JVTA assessment in the amount
of $40,000.00, and a special
assessment in the amount of
$900.00, on December 7, 2022,
in the above-captioned case,
and thereafter entered on the
docket sheet by the Clerk of
the Court on December 7, 2022.
WHEREAS, said judgment has
been fully paid as to the
defendant ROBERT SYLVESTER
KELLY; THEREFORE, the Clerk of
the Court is hereby authorized
and requested to cancel,
satisfy and discharge the same
solely as to the defendant
ROBERT SYLVESTER KELLY. Dated:
Brooklyn, New York December 1,
2023 BREON S. PEACE United
States Attorney."
We'll continue to
follow and report on the
case(s).
On November 4
Inner City Press live tweeted
here:
OK - now a
proceeding / ruling in US v.
Donnell Russell,
self-described manager of
#RKelly. He's filed a motion
on which Judge Gardephe is
about to rule
Judge Gardephe:
This was about a screening of
a film alleging that RKelly
had sexually abused young
girls. 70 to 100 people
attended the screening. The
evidence showed the defendant
repeatedly called the venue to
try to stop the screening
Judge Gardephe:
Russell coordinated with Kash
Jones, a hip hop journalist.
He wrote to her, Are they
continuing with the screening?
Jones replies, Yes.
Judge Gardephe:
After texting Kash Jones that
the police might be coming,
Donnell Russell later told her
to "delete those messages
about 5-0." Russell said in an
"At Night" YouTube interview
that if the screening had
happened, some concerts
wouldn't have happened
Judge: The
jury found Russell guilty on
Count Two, not guilty on Count
One. He moved for a judgment
of acquittal on Count Two...
But the threat call was made
from the Russell Land Line.
And he texted Kash Jones about
"the cops may be arriving
shortly"
Judge: Russell
said on YouTube he was on the
phone with the venue "all
day." He pretended to be a
lawyer, sending a cease &
desist letter.... In sum,
evidence was more than
sufficient... Yes, the threat
recipient sounded like a thug.
But a jury could ID Russell
Judge:
Asking for a new trial,
Russell argues that the court
erroneously allowed in various
exhibits. Some of the exhibits
he cites were never admitted.
The others were relevant
and/or not inflammatory. Only
1409-A was objected to; it was
redacted
Judge: So
the motion for a new trial is
[also] denied. Sentencing is
adjourned to December 19.
Thank you all and good day.
On December 5,
Donnell Russell's lawyer filed
a sentencing memo asking
for... probation, stating that
"Mr. Russell's mistake has
already cost him his standing
in the community and caused
humiliation, stress and
financial hardship." Watch
this site.
On August 4 in
EDNY, the US asked for an
order to the Bureau of Prisons
to turn over the $28,000 in R.
Kelly's account to it: "The
Government writes to
respectfully request that the
Court sign the enclosed
proposed order directing the
Bureau of Prisons (the “BOP”)
to turn over the restrained
funds held in the inmate
trust account of Defendant
Robert S. Kelly (“Defendant”)
to the Clerk of the
Court for deposit into
an interest-bearing account
pending a determination as to
the amount and
applicability of a restitution
judgment... at the request of
the Government, the BOP
has restrained $27,828.24 of
the funds that have been
deposited into the
Defendant’s trust account."
Letter and draft order on
Inner City Press'
DocumentCloud here.
On September 28,
Judge Donnelly held a
proceeding. R.Kelly appeared
by Zoom - but there was no
public listen-only call-in
line. And Inner City Press
continues to await approval
from EDNY District Executive
Eugene J. Corcoran to bring a
phone into the courthouse,
even during the US v. Tom
Barrack trial where other
media have them. Judge
Donnelly issued this: "Minute
Entry for proceedings held
before Judge Ann M. Donnelly:
Restitution hearing as to
Robert Sylvester Kelly held on
9/28/2022. Appearances by AUSA
Lauren Elbert. Jennifer
Bonjean and Ashley Cohen for
defendant Kelly (present via
zoom). Case called. Discussion
held. The Court ordered
restitution for Jane Doe #5
under 18 U.S.C. § 2429, and
reserved judgment on an aspect
of Jane Doe #2's restitution
pending additional
calculations by the
government. The Court declined
to order restitution as to
Jane Doe #3. The Court
inquired further about the
defendant's financial
resources, and asked the
parties to provide an update
to the Court to the extent
they have new information. The
government must file a
supplemental letter regarding
restitution by October 5,
2022; that letter must (i)
clarify the government's
calculations with respect to
Jane Doe #2, and include (ii)
a proposed restitution order
and (iii) a proposed payment
schedule for both the
restitution and the other
criminal monetary penalties
imposed in this case. The
defense must submit a
response, if any, by October
12, 2022. The parties should
determine whether they can
agree on a payment schedule,
and if so, to submit a joint
proposed plan." Watch this
site.
On August 10, R.
Kelly's lawyer had fired back:
"a reporter from the
Washington Post contacted
undersigned counsel for
comment about an article he
was writing concerning the
seizure of funds in inmate
trust accounts for the purpose
of paying court-ordered
judgments. During that
conversation, it became clear
to undersigned counsel that
the reporter obtained
confidential information from
the BOP..." Full filing on
Inner City Press'
DocumentCloud here.
On September 9,
Judge Ann Donnelly granted the
Government's request: "As it
stands, the defendant has not
paid his $900 special
assessment, $100,000 fine or
$40,000 JTVA assessment. (ECF
No. 326-1.) There is no
dispute that these amounts are
outstanding; nor is there any
dispute that the funds in the
defendant’s trust account,
totaling $28,328.24,
constitute “substantial
resources” within the meaning
of 18 U.S.C. § 3664(n).3 Thus,
the government’s request is
authorized by section
3664(n)’s plain terms,...The
defendant’s remaining
claims—that the BOP unlawfully
“encumbered Mr. Kelly’s funds”
and that the BOP and the
government should be
sanctioned—have no merit. Full
order on Inner City Press'
DocumentCloud here.
Later in
September, Judge Donnelly
ordered that the government's
request to seal is too broad:
"ORDER: In its submissions
regarding restitution [331]
[337], the government asks the
Court to seal its letters and
documents relating to
restitution.
"[D]ocuments may be sealed if
specific, on the record
findings are made
demonstrating that closure is
essential to preserve higher
values and is narrowly
tailored to serve that
interest." Lugosch v. Pyramid
Co. of Onondaga, 435 F.3d 110,
120 (2d Cir. 2006) (citation
omitted). Although protecting
the identities of victims and
their personal medical
information are higher
interests that may justify
sealing, the Court does not
find that sealing the parties'
letters in their entirety is
"narrowly tailored" to those
interests. The victims
testified in court, under
pseudonyms, about many of the
things that underlie the
restitution requests.
Therefore, by September 27,
2022, the parties are
instructed to confer and
submit to the Court joint
proposed redactions of their
letters at ECF Nos. 331, 336
and 337. Public versions of
the letters will be issued
once appropriate redactions
have been determined. Ordered
by Judge Ann M. Donnelly on
9/23/2022." Watch this site.
On July 20, there
were opening arguments and
witnesses - seemingly, more
than half of the case. Inner
City Press live tweeted here.
On July 21, the
US' final witnesses and
rested; Russell did not take
the stand and the evidence
closed, setting up the July 22
closings before deliberation.
Inner City Press live tweeted
July 21 here.
On July 22, the
closing arguments, jury
charge, question and verdict
(guilty). Inner City Press
live tweeted it here:
All rise! Judge
Gardephe: Mr. Foreperson, what
say you? Guilty. [After jury
leaves"] Freedman: I'll brief
my rule 29 motion in two
weeks. Judge Gardephe:
Sentencing Nov 21 at 10 am.
Note: There
were two UN Marshals in the
courtroom, in case Judge
Gardephe ordered him
immediately jailed. He didn't.
Update: I ran out
of the courthouse and caught
up with Donnell Russell and
his lawyer Freeman, asked them
if any comment on the verdict.
First Don Russell told
Freeman, I'm not talking to
him. Then a real "no comment."
Inner City Press
will cover the motion(s) and
sentencing, and the wider R.
Kelly (and others) legal
worlds.
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.
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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