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
Judge Gardephe: I'll call you up to the bench, based on your answers to the questionnaire... The first to come up it Juror Number 2 [same number as yesterday, we are voluntarily not publishing the name], please come up.
[Yesterday, of Jury Number 2, Judge Gardephe said 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. Now there is questioning - but it cannot be heard. This threat may go dormant for a while
While this sidebar questioning for jurors takes place, one note for those replying that Don Russell is/was not R.Kelly's manager - this reports what takes place in / is said in the courtroom. Judge quoted DOJ; complaint says "Russell, then-manager for #RKelly."
Maybe Don Russell's lawyer Michael Freedman will say, He wasn't the manager. Unclear for now if they'll finish picking the jury and get to opening arguments today. Watch this feed.
OK - now Judge Gardephe is asking questions to the group of prospective jurors (venire) as a group.
Judge Gardephe: Are any of you lawyers or studying law?
One juror says yes, but he can be fair.
Another is majoring in criminal justice at Berkeley, could be fair
A 3d juror says that 50 years ago he studied law for one year.
Judge Gardephe: I guess it didn't go well (laughs). Can be fair.
A 4th went to Brooklyn Law School. Can be fair.
Judge Gardephe: What type of clients do you have, in communications?
A: High profile.
A 5th juror is an NYPD police officer for 4 and 1/2 years.
Judge Gardephe: What if NYPD testifies - would you evaluate them like anyone else?
A: Yes. But I don't think I would be a great choice. As a police officer.
Judge Gardephe: Search your conscience.
After a long sidebar discussion press couldn't hear, the NYPD officer is excused. Will not be a juror.
Now another prospective juror says he's a civilian employee of the Yonkers PD. Says he can be impartial.
Another says her grandfather was a corporate lawyer.
Yet another says his father was a lawyer in general practice. Another describes himself as "corporate litigator" for financial institutions, some under criminal investigation.
A female juror says "My husband is a lawyer, unfortunately." Other jurors laugh.
Judge Gardephe has given jurors a lunch break. Once they leave, he tells the lawyers there will be no testimony today, and probably not the open arguments either, unfortunately. If it starts today, we're be here. Tomorrow too (with a new thread). Watch this feed
Judge Gardephe questioning continues: I expect the government will offer evidence obtained from social media platforms. Does anyone feel strongly about that?
[No prospective juror says yes.]
Judge Gardephe: Has anyone formed an opinion that these charged crimes should not, in fact, be prosecuted?
[No answers]
That completes the general questioning. Now, a few questions for each - not to pry, but to help the lawyers pick a jury
Judge Gardephe: I'll ask your county of residence, education, your employment and that of your immediate family, prior jury service, and about your reading and viewing habits, and hobbies.
Juror 1 works for state corrections. Never served on a jury.
Juror 2 lives in The Bronx, he's 28. Likes hanging with his friends.
Next juror lives in Manhattan, he's retired.
Next lives in The Bronx. Never on a jury.
Next lives in Manhattan, technical degree. Works for an insurance company. Likes to read romance novels
Next juror lives in Manhattan, has a doctorate in art history. Reads the New York Times and art magazines. Like PBS, sailing, "art, obviously."
Next juror also lives in Manhattan. She's 28. BA in finance, works at Morgan Stanley. Before that was at Goldman Sachs
Next juror lives in Manhattan. English literature. Works at Simon and Schuster. Was previously on a criminal jury, as an alternate.
Next juror lives in Manhattan for 24 years. He's 57. He has a J.D. (juris doctor). Works in a law firm on construction litigation
Next juror lives in The Bronx. She's studying criminal justice.
Next juror lives in Manhattan, for 44 years. He's 66. BA in music. Teaches voice in a musical theater program. Reads the New York Times. Likes "Breaking Bad." Rides his bike and does puzzles.
Next juror lives in Westchester, he's 63 with a B.S. His wife's a dentist, son works at the United Way. Likes mystery books and old movies.
Next juror in Manhattan, for 19 years. He's 47. He has a Ph.D. Professor at Brooklyn College, organic chemistry.
Next juror lives in Manhattan for 20 years. He's 72. Bachelor's degree. Semi-retired. Was in import / export. He likes Netflix, likes Law & Order.
Judge Gardephe: It's just like this, isn't it? (Laughs).
Next juror has roommates. One works in the Mayor's Office. Likes Netflix, and Law & Order - specifies, SVU.
Next juror lives in Manhattan for 34 years. She's 57. She studied financial accounting. She's an equity research analyst at Goldman Sachs.
A juror, when asked "What do you like to do," says "Sleep." Judge Gardephe laughs and says, The importance of sleep cannot be overestimated.
Next juror does PR for people in litigation. Uses Twitter, like sports and the entertainment industry. On TV, The West Wing
Next juror lives in The Bronx. Is an NYPD police officer.
Next juror also lives in the Bronx, for 21 years. He's 48. His wife is a nurse's aide. Like the Mail Online, and the TV show 48 Hours. Likes hanging about with his kids.
A juror says she likes the Yankees. Judge Gardephe says Well the Yankees are going well, we can all be grateful for that.
Next juror is an accountant. His wife works at a pharmaceutical company.
Next juror lives in Westchester, works for an investment firm.
Next juror is a law professor, teaches professional responsibility. Reads the New York Times, like Criminal Minds - but does NOT like "Bones." Likes to drink wine.
Judge Gardephe: I'll see the lawyers at sidebar.
Judge Gardephe tells the jurors to step out for 15 minutes then return, for the final stage. We'll be here.
OK - there is now a jury of 12, with 2 alternates. The others leave.
Judge Gardephe: This is my courtroom deputy, he will show you to the jury room. You are the triers of fact. Evidence consists only of the testimony of witnesses, document and stipulations entered
Now with jurors gone for the day, Don Russell's lawyer Freedman wants some redactions.
Assistant US Attorney: There is no basis to redact it just because it says, Call me Daddy.
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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.
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
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