Thread by @innercitypress

OK - now in #RKelly "associate" Donnell Russell's trial for allegedly calling in gun threat to Neuehouse screening of Surviving R. Kelly, closing arguments. Inner City Press will live tweet them, thread below

https://twitter.com/innercitypress/status/1550169020824944642

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

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.
[But / and see: documentcloud.org/documents/2211…

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 #RKelly again. But you said you won't let that sway you. Thank you.
Judge Gardephe: A break before rebuttal.
Thread will continue. Without opining on this case, consider this threat Deferred Prosecution yesterday documentcloud.org/documents/2211…

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." Soon story & more on patreon.com/MatthewRussell…