A New York appellate court has denied R. Kelly’s request to be released from federal prison on bond after he had been assaulted by a fellow inmate who claimed’the authorities made [him] attack’ the singer,R. Kelly can stay behind bars awaiting numerous trials on child pornography and other charges in three nations, as a lawyer for the R&B singer cited another inmate’s assault on Kelly last month as one reason he must receive bail.
The Second Circuit Court of Appeals’ conclusion stated prosecutors presented”clear and convincing evidence” that Kelly presents a potential danger to the neighborhood and he is a flight risk.
R. Kelly’s attorneys asked for his release from federal custody prior to the panel of three judges Friday afternoon, arguing that the singer has been not able to get ready for his upcoming trial for nearly six months.
The singer has not seen his lawyers in person as March, when prisons went to lockdown, cutting in-person legal visits due to coronavirus worries, his attorney told CNN. His trial was scheduled to start at the end of September in federal court in Brooklyn, but was postponed in part because of the pandemic.
Latin King tied to two murders says government made him attack R. Kelly pic.twitter.com/dyDhNTzSs2— Kollege Kidd (@KollegeKidd) September 4, 2020
His legal team says that since the singer can’t write or read, he can’t review legal documents in his situation, make notes, or”meaningfully” communicate with lawyers without in-person meetings.
“He’s essentially been cut from this discovery and preparation procedure,” attorney Tom Farinella, who argued Kelly’s bond attraction, composed in a court filing.
R.Kelly got beat up by a white dude in jail???? Giiiide damn. ?— Karlous Miller (@KarlousM) September 4, 2020
This was the sixth time Kelly’s legal team argued for his release because he was taken into federal custody in July 2019. Four of those requests — including Friday’s allure — were created amid the pandemic, which attorneys argue has put Kelly at risk for developing severe complications from the virus.
Steve Greenberg, a lawyer for Kelly, said of the ruling Tuesday,”We’re disappointed.”
The inmate reportedly stomped on R. Kelly’s head multiple times before attempting to stab him: https://t.co/9WFXIqPq0b— HOT 97 (@HOT97) September 1, 2020
“There seems to be another set of criteria when it comes to R. Kelly,” Greenberg said in a statement to CNN.
Farinella said Tuesday the Kelly’s legal group”will continue to vigorously fight for Mr. Kelly’s vindication.”
A spokesman for the U.S Attorney’s Office for the Eastern of District of New York had no comment on the appeal being denied. The 2nd Circuit said prosecutors had proven both and that”no condition or combination of conditions could assure against those dangers.” The appeals court said the lower court did not err in finding Kelly failed to demonstrate a”compelling reason” for temporary discharge.
Mike Leonard, among Kelly’s attorneys, said the appeals judgment was”very disappointing and somewhat surprising” because appeals judges during oral arguments had seemed to understand that Kelly’s incarceration was preventing him from preparing adequately for trial.
He added:”We will continue to vigorously fight for Mr. Kelly’s vindication.”