An attempt by R. Kelly to use the coronavirus pandemic to engineer his release from custody has fallen flat on its feet after a Brooklyn judge denied his request.
On Tuesday, U.S. District Judge Ann Donnelly denied a motion, filed on March 26 by his lawyers, after finding that Kelly is not among the inmates most endangered by the disease.
The singer is being held at the Chicago Metropolitan Correctional Center, where he is awaiting trial on racketeering, sexual misconduct and other charges in three jurisdictions.
The lawyers are arguing that Kelly is 53 years old and a recent surgery made him susceptible to a severe bout of the illness. Judge Donnelly however rebuffed this saying;
“The defendant is currently in custody because of the risks that he will flee or attempt to obstruct, threaten or intimidate prospective witnesses,” Donnelly wrote.
“The defendant has not explained how those risks have changed.”
Kelly’s attorneys Steve Greenberg and Tom Farinella had asked that he be placed on home confinement at the Roosevelt Collections Loft apartment complex in Chicago.
The attorneys had also complained that the prison’s new restrictions to mitigate the spread of COVID-19 have made it impossible for them to meet with Kelly and prepare for trial.
“This is not a request to open the doors and allow all inmates out, this is a specific request concerning a specific inmate,” they argued.
Government prosecutors opposed Kelly’s motion arguing that MCC Chicago inmates are afforded free soap, and have the option to buy more soap from the commissary.
“Simply residing in MCC Chicago cannot be a basis for being released,” prosecutors wrote.
