EDNY COURTHOUSE,
Sept 9 – 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 22,
Russell was found guilty of
interstate threat, and
sentencing was set for
November 21 at 10 am. Thread
here and below.
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 August 10, R.
Kelly's lawyer 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. (See
ECF No. 325.) The BOP acted
properly and in accordance
with its policies when it
placed the defendant’s funds
“in hold until this Court
could adjudicate the pending
motion.”..For these reasons,
the government’s motion is
granted. Within ten days of
the date of this order, the
BOP must issue a check to the
Clerk of the Court for the
Eastern District of New York
for $27,828.24. The check
should be made payable to the
“Clerk of the Court, EDNY” and
reference “U.S. v. Kelly, No.
19-cr-286.” The check should
be mailed to: Clerk of the
Court Eastern District of New
York United States Courthouse
225 Cadman Plaza East
Brooklyn, New York 11201."
Full order on Inner City
Press' DocumentCloud here.
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:
OK - now in
#RKelly "associate" Donnell
Russell's trial for allegedly
calling in gun threat to
Neuehouse screening of
Surviving R. Kelly, closing
arguments.
Jury entering!
Judge
Gardephe: Now the closing
argument of the govdernment.
Assistant US Attorney Davis:
It is time to hold the
defendant accountable for what
he did. Not in dispute is that
the defendant wanted to stop
the screening that night
[US plays audio
of Don Russell's "public
interview" admitting he was on
the phone all day with
Neuehouse]. AUSA Davis: It is
only not in dispute that the
defendant was in contact all
day with Kash Jones. And his
home address in Chicago, not
in dispute.
AUSA Davis: At
7:51 pm Adrian Krasniqi called
911, and said the threat was
made 10 minutes before. [911
call played] AUSA Davis: So
all you have to decide is
whether the defendant is the
one who called in the threats,
and worked with others to do
so
AUSA Davis: Look
at this, the NYPD called the
defendant's home several
times. And, the defendant knew
the cops were coming to the
theater before the cops did.
At 7:36 pm the defendant texts
Kash Jones, 15 minutes before
Krasniqi calls 911, that the
cops may come
AUSA Davis:
People don't call 911 for a
cease and desist threat. Now
listen to this: [recording of
Russell talking about
IndyBuild] AUSA: Russell &
June Barrett worked for
#RKelly. Here is an invoice,
R. Kelly owed Barrett &
Russell $4000.
AUSA Davis:
It was defendant's mission to
shut down the screening to
protect #RKelly and his own
bottom line... Kash Jones sent
Donnell Russell the contact
info for Lifetime executives.
He sent around the powerpoint,
Survivors.pdf to smear the
women
AUSA: Don Russell
called one of the victims a
"live-long criminal." He also
smeared Jerhonda. Let's go to
January 2019. Look at Exhibit
1510. When he learned that
Kash Jones is the one who said
had called in the gun threat,
he ran a background check on
Kash Jones
AUSA Davis:
This is classic evidence of
consciousness of guilt. He
needed to discredit Kash Jones
as he tried to discredit the
survivors... He reached out to
Lifetime as "Colon Dunn,"
supposedly #RKelly's private
investigator. But he check it
with his own email
· 6h AUSA:
At 7:12 pm defendant calls
Midtown South of NYPD. Then he
calls a fire station on 14th
Street with his number blocks.
Then he calls the Fireball
Club at 204 E. 23rd Street,
right near Neuehouse. Then
FDNY headquarters in Brookyn.
Then 7:27, 3-1-1
AUSA Davis:
Don Russell did not want Kash
Jones to even meet #RKelly,
because she would incriminate
him. Donnell Russell said,
Give that sh*t to me. He made
a terrifying threat, it is a
Federal crime.
AUSA Davis: When
you review the evidence you
will conclude, Donnell Russell
is guilty. Thank you. Judge
Gardephe: Mr. Freedman, are
you prepared to proceed?
Freedman: Yes... They haven't
proven he committed the crimes
they charge him with.
Freedman:
We don't deny Mr. Russell
tried to stop the screening.
But I'm confident you're going
to reach the right result.
None of the evidence proves he
actually made a threat. You
don't know who made the threat
call. There isn't proof beyond
a reasonable doubt
Freedman: Let me
talk about reasonable doubt.
It's a phrase I use a lot and
I'm going to keep using it. If
there's evidence you realize
you could have used and you
didn't see it, that can be
reasonable doubt and that's
Not Guilty.
Freedman: It's
not a conspiracy to help
#RKelly. They have to show the
threat. There are holes. There
was no voice ID in this case.
But no one in this trial has
heard his voice. [Wait -
another reason to not testify?
Could US have re-called
Krasniqi?]
Freedman:
Only Krasniqi heard the call,
four years ago, and he's done
several mind altering drugs.
Still he told you the cease
and desist caller sounded
professional, like you heard
Don Russell on the YouTube.
You saw his resume [walks away
from mic]
Freedman: He said
the second caller sounds like
a thug, "someone from
Brooklyn, like the Wu-Tang
Clan." [That is a direct
quote]. Look, he was wearing a
Chicago Bears cap. He is not
from Brooklyn.
Freedman:
Is Mr. Davis saying the threat
call was the 7:37 pm or the
7:38 pm call? That's
reasonable doubt. Mr. Krasniqi
admits that other calls came
in when he was not at the
desk. It's reasonable doubt.
They want you to hear he
worked for #RKelly and convict
him
Freedman:
This is my last chance to talk
with you. The US goes last,
because it is their burden.
But in the jury room, ask
yourself, What would Mister
Freedman say? What about this
call from Mike Williams? The
8169 number? That's enough.
Freedman:
Remember Jerry McGuire, and
Ron Tidwell. It's like that:
show me the money! Where is
it? They haven't shown. That's
reasonable doubt. He's not
charged with trying to shut
down the theater. It's the
threat. If there's not enough
evidence, it's not guilty
Freedman: You'll
hear about R. Kelly again. But
you said you won't let that
sway you. Thank you. Judge
Gardephe: A break before
rebuttal. They're back, after
extensive hot-mic between
Freedman and Russell (nothing
damning).
AUSA Pomerantz:
Adrian Krasniqi received a
threat. Russell would stop at
nothing. He called the call a
threat. Defense counsel has no
good response.
AUSA Pomerantz:
Mr. Krasniqi is not a voice
expert. He's just guy at the
desk of Neuehouse. You can
change your voice, from a
lawyer voice to a tough voice.
He wanted to sound scary. Mr.
Freeman tried to say the 7:38
call was a fax. That doesn't
make sense.
AUSA
Pomerantz: Mr. Krasniqi didn't
get a threat-fax. The cease
and desist was put in over the
website. The defendant used
his home phone to communicate
with Kash Jones. He texted
her, Call me on my phone line,
she calls the 1689 number. 50
minutes. Not a fax.
AUSA: Don Russell
is just a man, who made a
threat. Why did he do it? To
shut down a documentary
screening, to protect his
bottom line. He is
guilty. [Sits down]
Judge Gardephe, jurors, we've
ordered lunch for you. We'll
resume later. Thread will
continue.
Before jury
returns, Freedman is holding
forth. Freedman: I think
Friday afternoon always
focuses a jury's mind [to
reach a verdict]. In LA, it's
the traffic that does it.
[Bets are being taken whether
jury reaches Russell verdict
this afternoon, after the
charge]
It's 1:01
pm and defendant Donnell
Russell is not back in court.
Freedman is told to call him
and does, says "His phone is
off, he must have just gone
through security." And here he
is now. Judge Gardephe: Bring
in the jury.
All rise!
Judge Gardephe begins his jury
instructions, telling them not
to given any weight to
overruled or sustained
objections. "Be fair and
impartial."
Judge Gardephe
deploys the SDNY-standard
example of circumstantial
evidence: a person comes into
the courtroom with a wet
umbrella. You can surmise that
it is raining. Or... #RKelly
Judge Gardephe:
If you would like transcript
of the testimony, send me a
note. Any communication to me
should be through your
foreperson. I have prepared a
verdict form for your use. You
may now begin your
deliberations. Inner City
Press will tweet as needed
Update 1:
So far, as the jury
deliberates, only Freedman
remains at counsel table(s).
The prosecutors have left
(their office is around the
corner). Donnell Russell has
stepped out. Inner City Press
is on the case - watch this
site.
Update 2: There
is a jury note. Judge Gardephe
says his inclination is to
simply reiterate his
instructions and add that they
are not being asked to
determine if there was an open
end conspiracy between Russell
and Kash Jones, only that
there was a conspiracy
AUSA Davis:
Fine with US. Freedman: I
agree. Judge Gardephe: I'll
call them in and tell them, it
is not appropriate to put in
notes anything about the
discussions taking place in
the jury room. Then I'll refer
them to page 21.
Judge
Gardephe: Please bring out the
jury. Jury entering! Judge
Gardephe: Your wrote, We are
confused. Some of us feel that
Kash Jones participated in a
conspiracy with the defendant
that was open ended. Others
feel no proof Jones was
available.
Judge
Gardephe: Questions are
appropriate. But don't
disclose the nature of any
conversations in the jury
room. On conspiracy, see Page
21 of my charge. You may
resume your deliberations.
[Jury leaves] Judge: We'll
await their next note. Us,
too. Watch this feed.
Update: During
lull after jury showed its
hand, Donnell Russell and
Freedman speak first in the
courtroom, now outside of it.
Seems Freedman is interpreting
the note - and mulling a plea
to Count 1, to avoid a verdict
on Count 2? Would the US even
offer that, now?
Update
(near final) - the prosecutors
are back in the courtroom. It
seems there is not only a
note, but a verdict. Now
Donnell Russell is back. Judge
Gardephe: OK. The jury has
reached a verdict. Bring the
jurors out.
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.
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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