Judge Gardephe (to prospective jurors) Welcome to the Southern District of New York. You will be asked to fill out a questionnaire, if you are aware of #RKelly, and the documentary #SurvivingRKelly. Don't write on the back of any page. [This could take a while]
[We said it could take a while, and it will - prospective jurors have filled out the questionnaire and will return tomorrow. New thread then. For now, parties have agreed to tell jury that on 12/4/18, NeueHouse held a screening of #SurvivingRKelly, set to air 1/19
Don Russell's lawyer Michael Freedman has told Judge Gardephe "Mr Russell does not plan to deny that he called the theater to try to convince the theater to not go forward with the screening... Mr Russell was not seeking compensation for having made a threat." Hmm
Judge Gardephe is back on the bench and says: I have reviewed the 80 questioners, and the vast majority of them say they have heard of RKelly, and the case against him. Let me tell you, I tried a case about terrorism charges [US v. Saab: innercitypress.com/sdny12aegardep…
Judge Gardephe: I questioned prospective jurors who said I couldn't be fair. One of them, a woman, said, "Haven't you read my answers?" (Laughs). I would have excused her, but the government wanted me to question her. I don't think the answer changes at the bench.
Judge Gardephe: At least 30 of the 80 say they can't put out of their minds the verdict against #RKelly. Some call him disgusting. There's another group that says they are familiar, but says they can put it out of them minds.
Judge Gardephe: Then there's 8 to 10 out of the 80 who say they are not aware of #RKelly. I propose we walk through the 80 questionnaires and I'll hear your views. The first juror [Inner City Press voluntarily not reporting name] said he knows of jail time.
Judge Gardephe: Jury 2 says his friends have talked about Surviving R.Kelly, but he can be fair. I'd say he should continue into voir dire.
Juror 3, she, says she's heard of RKelly's sexual abuse and knows he got 30 years, saw the documentary on Lifetime.
Juror 4 says he understands Mr. Kelly married an underage girl. He says he can be fair.
Juror 5, he's thinks #RKelly died. He can't put it out of his mind, he says, two of my family members have been victims of shocks and violence. I don't take aggression lightly
Judge Gardephe: Juror 7 says #RKelly is a sexual predator and she cannot put it out of her mind. Anyone associated with #RKelly is a horrible person. Government's view?
AUSA: She may be struck.
Judge Gardephe: Next juror says she knows of RKelly's alleged behavior and trial and testimony, she says she can be fair.
AUSA: Proceed with her.
Russell's lawyer: Agreed.
Judge Gardephe: Next juror says she knows what RKelly is guilty of, relationships with women under age. Hasn't seen documentary but hearing things about it from social media. Cannot put it out of her mind. The juror is excused.
Judge Gardephe: Next juror, he says "pedophilia," and that he can't put it out of his mind. He says, an artist's manager deals with everything. So "Mister Russell would know."
AUSA: He may be excused.
Judge Gardephe: Excused.
Judge Gardephe: Next juror says RKelly is unapologetic, I'm told the documentary shows those victimized. Says he cannot put out of his mind, cannot "protect known sexual predators."
AUSA: Excuse him. Freedman: Yes.
Judge: Juror is excused.
Judge Gardephe: Next juror says she's heard of the young woman. I thought the documentary might be too troubling to watch.
AUSA: She may proceed.
Russell's lawyer: I request further questioning about the documentary.
Judge: That will be done.
Judge Gardephe: Next juror bring up the "pee tape... I was not interested in the documentary.
AUSA: Proceed.
Freedman: Question him why not interested.
Judge: OK.
Judge Gardephe: Next juror says going on vacation July 27, heard "he recorded sexual actions with young girls... says she watched the documentary on Netflix."
AUSA: Proceed.
Freedman: Proceed.
Judge Gardephe: Next juror says he is a fan of RKelly's music. "From what I gather from corporate media, I feel there could be a conspiracy against him." Says he watched documentary on BET and found it highly-- Judge says can't read it, looks like "affectional"
Judge Gardephe: This juror says the hegomonic media of America like Fox and ABC, he is a successful black man, falsely accused.
AUSA: This juror should be struck.
Freedman: I'd prefer further questioning, but I have to agree, strike him.
Judge Gardephe: Next juror is a principal investigator at [a school]
Assistant US Attorney: Defer to the court.
Judge Gardephe: I'll question him about work.
Judge Gardephe: Next juror says RKelly was convicted and sentenced, "apparently he molested underage girls," says he can be fair.
AUSA: Proceed. Freedman: Agreed.
Judge Gardephe: Next juror has heard of the documentary, can be fair. AUSA: Proceed.
Judge Gardephe: Next juror says "I've heard of his crimes on the Internet... harassment of minors... can be fair." AUSA: Proceed.
Judge: Next juror says saw reports RKelly forced young girls to have sex, not sure how trial went but is a member of AFTRA.
On AFTRA, Russell's lawyer says she should be excused.
Judge Gardephe: I agree, she might try to do her best - but in this context, it's not sufficient. I'm willing to question the juror further, but I suspect that's where we'll end up.
AUSA: Do question her.
Judge Gardephe: Next juror says, Saw the interview where he cried... lots of sex with minors allegedly... cannot put out of mind. "I used to be a fan. After hearing all these things I threw out any CDs." The juror will be excused.
Judge Gardephe: Next juror says, I heard RKelly is serving time but she can be fair. AUSA: Proceed.
Judge: Next says he's seen interviews with him. I watched a parody of his previous trial on the Boondocks. Can't be fair to someone trying to stop the documentary
Judge Gardephe: Next juror says knows of crimes of a sexual nature, but can be fair.
AUSA: Proceed. Freedman: Proceed.
Judge Gardephe: Next questionnaire is clean, on last question about fairness says "No... everything that I have to say has to be on evidence."
Judge Gardephe: Next juror says #RKelly trapped young girls and married Aaliya... "his crimes were outrageous... this defendant acts for RKelly to suppress information. I can't put it out of my mind. Juror is excused.
Judge Gardephe: Next juror may have been a partner at the firm I was at... It's a common name. He writes, not seen the documentary, can be fair. Proceed. Next juror has a work issue on Thursday and Friday. Only knows #RKelly's an R&B singer. Additional questions
Judge Gardephe: Next juror says, Heard from friends that #RKelly is a rapist, but can put it out of mind. Proceed. Next says, He was recently convicted of sex trafficking and was parodied on SNL, I'm aware of "I Believe I Can Fly." Proceed.
Judge Gardephe: Next juror saw the documentary, was a record producer for 15 years. I read he was guilty, I read it on Yahoo and my SmartNews app. Nothing about efforts to show the documentary but cannot put out of mind, "they are all involved in his doings." Out.
Judge Gardephe: Next juror is primary caregiver, his wife is a pharmacist away 12 hours a day. Enjoys #RKelly music. "I am afraid my affection for RKelly may impact my judgement." AUSA: Excuse him. Freedman: Further questioning, please.
Judge: OK, I will.
Judge Gardephe: Next juror says, #RKelly was convicted of raping young girls, his music used to be popular. I work long shifts and miss a lot of programs. AUSA: Proceed.
Judge Gardephe: Next juror says Sex with underage girls, can put out of mind. AUSA: Proceed.
Judge Gardephe: Next juror says #RKelly was using his image to get girls, I've heard all the bad things and cannot forget. "Most of time we forgot to keep our mouths shut and I'm afraid it will happen to me." Excused.
Judge Gardephe: Next juror says #RKelly was accused of several young woman of rape, can be fair. Proceed. Next juror says, Don't like his music, rapist, heard about the documentary, I believe it led to successful prosecution of him. Sounds like a monster. Excused.
Judge Gardephe: Next juror heard on a podcast about 30 year sentence but can be fair. Proceed. Next juror has work issues, she is the dean at a law school, on #RKelly says, I know about his prosecution. I am a lawyer, interested in trials like this. AUSA: More Qs
Judge Gardephe: Next juror says saw the documentary and cannot be avoid being biased, talented but reprehensible. Bias against Mr Russell for attempting to suppress this documentary. Excused.
Judge Gardephe: Next juror says worked as personal assistant to celebrities, the rest I can't read. Anyone?
AUSA: I believe it says, I remember joking with a former fellow assistant about this case of story by a former disgruntled employee who had too much.
Judge Gardephe: I'm concerned about this juror. Excused. Next juror says, As an internationally ranked figure skater, this time is paramount for me and my partner, by our national skating federation. This disgraced rapper, I cannot be fair. Excused.
Judge Gardephe: Next juror says, #RKelly is a dirty, sick person, he is disgusting. I have watched it, it was sickening. I cannot be fair. I have a daughter and wouldn't want her to encounter any sick bastard like #RKelly. Excused.
Judge Gardephe: Next juror says, Pretty bad guy, rape of minors. Criminal guy, implicated his entire business circle in the crime. I can see why they tried to stop the documentary. Excused. Next juror says #RKelly is a thug, manager must have helped. Excused.
Judge Gardephe: Next juror has back problems, daughter brought her today but can't continue. Never heard of #RKelly, but says can't be fair. Excused for health. Next juror says R.Kelly, long term for sex crimes, 41 years? I think it was on HBO. Proceed.
Judge Gardephe: Next juror says, Marriage to Aaliya at 15 years old, mothers looking for their daughters, says could be fair. AUSA: Proceed. Freedman: I agree. Next jurors says, I saw a movie about him, can put out of mind. Proceed.
Judge Gardephe: Next juror says African American rapper, trafficker, heinous crime, cannot be fair. "He is popular and influential African American rapper, he pays money to anyone willing to be his gopher." Excused.
Judge Gardephe: Next juror says, Presumption that the government has a strong position for its case. AUSA: Inquire more. Freedman: She should be excused. Judge Gardephe: I will question further.
Judge Gardephe: Next juror says #RKelly was convicted, but will keep out of mind. Proceed. Next juror says In my office, co-workers say he got 30 years, they said it is excessive, I've heard he plans to appeal. Says cannot put out of mind. Has 2 girls. Excused.
Judge Gardephe: Next juror says indecent behavior but can be fair. Proceed. Next juror says viewed clips of documentary and cannot put them out of her mind. Mr. Russell enabled his behavior. Excused.
Judge Gardephe: Next juror says heard of documentary, says cannot be fair. My friends bring it up, it shows up on my phone, in my news feed. AUSA: Just ask her about not reading media during the trial. Next juror says #Rkelly was convicted, he's a rapper. Proceed.
Judge Gardephe: Next juror says #RKelly picked up girls at McDonalds, it involved urination, but can be fair. Proceed. Next juror says R.Kelly was married to Aaliyah at 15, I listen to the music of the 90s, I can put it out of my mind. Proceed.
Judge Gardephe: It seems possible we can select a jury from those who have survived this process. I will question them more tomorrow. Adjourned. Stories coming on InnerCityPress.com and patreon.com/MatthewRussell…
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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." Inner City Press is covering the case(s) & will live tweet, thread below
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.
OK - in trial against #RKelly "associate" Donnell Russell for making gun threat to try to stop @lifetimetv media screening of #SurvivingRKelly, jury selection continues, Day 2. Inner City Press is covering the trial and issue(s), and will live tweet, thread below
Judge Gardephe: The defendant Donnell Russell is charged with making an interstate threat. According to the government, Mr. Russell was the manager for #RKelly and conspired or agreed to convey threats to those attending to the Dec 4, 2018 screening
Judge Gardephe: Mr. Russell has pleaded not guilty, that's why we're having a trial. He's presumed innocent. The US must prove its case beyond a reasonable doubt. This will be a short trial, once we get started. A week or less. We'll begin with follow up questions
OK- US v Schulte CIA #Wikileaks deliberations Day 3, there's been a jury question. Schulte, brought in by Marshals, is studying draft response. Stand-by counsel but not (yet?) his mother here. Inner City Press will live tweet, thread below
Still waiting for arrival of Judge. AUSA asks Schulte and stand-by counsel, Are we all good on the Berger transcripts?
So that's one of the questions.
All rise!
Judge Furman: There's a question about my jury charge, what is a "substantial step."
AUSA: The jury's question is a bit inscrutible.
Schulte asks for 5 minutes.
Granted.
Ok - Jen Shah of #RHOSLC is here in Courtroom 23A, it's for "change of plea" (to guilty). Inner City Press has been covering the case, even before Shah was added to it, and will live tweet, thread below
All rise!
Judge Sidney Stein: Ms. Shah, do you wish to plead guilty to Count 1 of the indictment?
Shah: Yes, your Honor.
Judge Stein: I will need to ask you certain questions...
Judge Stein: If there were a trial, you could see and hear all the witnesses against you and your attorney could cross examine them. Do you understand those rights?
Shah: Yes, your Honor.
OK - another Jan 6 case, in which Victoria White has hired her assigned lawyer and wants to represent herself (it's catching). DDC Judge Bates asks, Do you know the Federal Rules of Evidence? White: Exculpatory evidence? Maybe a thread below, depending how it goes
Judge Bates: In my opinion, you'd do better with a lawyer. I urge you strongly not to try to represent yourself. Do you understand my advice?
White: I do.
Judge Bates: I understand you were unsatisfied with your last lawyer. Is this what you want to do?
A: Yes.
Judge Bates: Have you ever been treated for mental issues?
White: You are asking this in a public proceeding?
Judge Bates: I'm not going to ask more - just, are you still in treatment?
White: I'm OK.
Judge Bates: Turn off the public line. Or wait a minute.
OK - US v. Josh Schulte, now jury charge then deliberations (Day 13 of trial). Inner City Press has reported the trial(s) & is writing a book(let) on it, soon here amazon.com/author/matthew… & will live tweet charge & deliberations, questions, verdict, thread below
Judge Furman: Jurors, I want to remind you that during deliberations your phones should be off and not with you. You can check them during breaks. And let me remind you: Mr. Schulte is presumed innocent.
Judge Furman: One type of evidence is called direct evidence. There is circumstantial evidence [wet umbrella analogy follows, modified only with "assume the curtain were entirely drawn - in fact, there are in this case." #SealedCourtroom