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R. Kelly's sixth attempt to be released on bail has been denied
September 9, 2020 U.S. Leave a comment
The Second Circuit Court of Appeals ruling said prosecutors presented "clear and convincing evidence" that Kelly presents a potential danger to the community and is a flight risk.
His legal team says that because the singer cannot read or write, he cannot review the legal documents in his case, make notes, or have "meaningful" meetings with lawyers without personal meetings. Can communicate.
"He has essentially gone out of the search and preparation process," said lawyer Tom Farinella, arguing Kelly's bail plea, in a court-filed plea.
Kelly's legal team argued for his release a sixth time since he was taken into federal custody in July 2019. Four of the requests – along with Friday's appeal – were made amid epidemics, which lawyers argue put the jelly at risk for growth. Serious complications from the virus.
"We are disappointed again," said Steve Greenberg, an attorney for Kelly, who ruled on Tuesday.
"There seems to be a different set of criteria when it comes to R. Kelly," Greenberg said in a statement to CNN.
Farinella said on Tuesday that Kelly's legal team would "continue to fight vigorously for Mr. Kelly's pledge."
A spokesman for the US Attorney's Office for the Eastern District of New York had no comment on the denial of the appeal.
Kelly is facing charges in New York, including rigging and violation of the Mann Act, which bans trafficking for prostitution or sexual activity. Kelly is facing activity that prosecutors say has been in New York, Connecticut, Illinois and California for more than two decades. Kelly was also convicted in Illinois on federal charges for child pornography and obstruction, as well as state charges of criminal sexual abuse.
He has pleaded not guilty on all charges.
Farinella argued that Kelly's only way to communicate with attorneys is through phone calls that "do not possess attorney's safeguards" requiring meaningful attorney-client privileged conversations.
"For half the time he has been in disarray, he has not been able to get along with the council," Farinella argued in front of the panel in the morning. "There is an extraordinary amount of work that has to go into preparation."
Farinella said that because the allegations take decades and involve people whose identities are being kept anonymous, Kelly's case is important in the case.
Assault behind bars
Kelly's fresh bail appeal came a week after he was attacked by his lawyers.
A prisoner at Chicago's federal detention center where R. Kelly is being held, a petition filed in court on September 1 stated that he attacked the singer in the hope of getting his own case noticed.
In a handwritten filing, 39-year-old Jeremiah Farmer has written about his frustrations with Kovid-19 to work on a case that limits his access to computers. According to other court filings, Farmer was convicted by a jury in 2019 on charges of drug trafficking and two murders for gang activities.
Farmer, who represents himself, wrote that he was nowhere else to attack hip-hop R&B singer Robert Kelly … in hopes of getting legal help and drawing attention to "government corruption" Was forced.
In the filing, the farmer asked for an extension for his case. An appeals court ruled that it would continue to consider her request and the extension was not necessary.
"Being the most guilty government farmer in the Farmer's case and for Robert Kelly's opposition to shut down, I physically try to shed media headlines on the beaten (sic) Mr. Kelly in (sic) farmer case so that corruption To prove and help the farmer's innocence to prevail, "wrote the farmer.
He said the 26 August attack was an attempt to find an effective lawyer to help his case.
Greenberg told CNN that Farmer's court filing is one of many reasons Kelly believes Kelly should not be held in custody.
Greenberg said in a statement to CNN, "Apart from the reasons we have already charged, in which he poses no threat or no flight risk, he is a prime candidate for jailed abuse for other prisoners. Huh." "I'm afraid it's going to open the flood."
Farmer's filings attached a copy of a report from the Bureau of Prison detailing the incident with the farmer, stating that he was seen outside his designated section on 26 August.
A prison staffer observed the farmer appear above Kelly, "The prisoner kills Kelly repeatedly in the head and torso."
The officer wrote in the report that when the farmer did not stop the attack, pepper spray was deployed and the farmer was kept in moderation and taken out of the unit.
Prosecutor: releasing Kelly would be dangerous
Prosecutors argue that releasing Kelly would be dangerous – because he is a flight risk, a danger to the community, and he has a history of molesting witnesses and gamblers.
Part of the prosecutors' argument for putting Kelly behind bars involves his access to money. While Kelly's defense team argued in court filings that it "has almost no liquid financial resources", prosecutors say the singer received more than $ 200,000 in royalty income in the first quarter of 2020.
If Kelly is released to his home in Chicago, he will be out of the jurisdiction of the Eastern District of New York, according to prosecutors, and if he removed his electronic surveillance device or tampered with it, law enforcement The response will not be instantaneous. .
Prosecutors also said that because people are wearing masks in public to help prevent the spread of coronovirus, Kelly can easily hide her face, "leading to unrecognition."
Kelly has ways for authorities and prosecutors to send messages without ascertaining the claim. In court filings, prosecutors say that in November 2019, at the Chicago Federal Detention Center, where he is currently being held, Kelly used an arbitrator to "smuggle" a letter to the detention center without inspection .
Federal prosecutors in the Northern District of Illinois alleged that Kelly persuaded several witnesses to testify in front of an Illinois grand jury in 2002, looking into a case in which Kelly had sex with a minor. . He was involved in 21 cases of child pornography, but was later acquitted in a 2008 trial.
Prosecutors also say they have a recording in which Kelly asked a colleague during his 2008 state trial to contact a gambler and tell him that Kelly was a "good guy".
In response to these allegations, Farinella said in a statement to CNN that the government's rationale of putting Kelly behind bars until her trial "does nothing to advance her position to an anonymous and indexed jury" Extreme measure of imposition, which would cause serious prejudice. " Mr. Kelly violates his right to a just and fair guarantee under the Constitution, he should be granted. "
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