R. Kelly: Jury to be anonymous at trial in New York, judge rules

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U.S. District Judge Ann M. Donnelly allowed a petition sought by federal prosecutors for an anonymous jury in a decision released on Oct. 8 and unsealed on Friday.

“Spaning an anonymous jury is appropriate given the seriousness of the charges, the defendant’s history of obstructing the court process, the potential for intimidation of jurors and the intensity of media attention given to this case,” Donnelly wrote in his decision.

Earlier this year, federal prosecutors for the Eastern District of New York City pleaded for jurors to remain anonymous, in part highlighting Kelly’s alleged efforts to influence witnesses and jurors during her 2008 trial in Illinois. Kelly was acquitted in this case of child pornography charges.

Prosecutors alleged in court documents that Kelly persuaded several people to give false testimony to a grand jury in 2002. Prosecutors also say they have a recording that shows Kelly asked an associate at his trial in 2008 to contact a juror and tell them Kelly was a good guy. “

The judge’s ruling also cited “evidence of obstructive conduct by others, including associates of the accused”. Prosecutors say three men linked to R. Kelly were recently indicted in federal court for allegedly using threats, intimidation and bribes to influence the testimony of alleged victims in the case racketeering against the singer.

Kelly’s attorneys objected to an anonymous jury, saying prosecutors had failed to establish that Kelly or her associates posed a risk to jurors. His lawyers also argued that failure to disclose the name, address and employers of jurors would limit their ability to hold a voir dire, the process when selecting jurors when prosecutors and lawyers for the defense interview potential jurors to determine their suitability for jury duty.

Donnelly wrote that she was “not convinced” by the defense argument that lawyers need the names and employers of prospective jurors in order to be able to perform “what amounts to background checks” on them .

“The defense does not cite any authority, and the Court is not aware of it, for the proposition that background inquiries are a necessary part of jury selection in a criminal case,” Donnelly wrote.

The judge also raised the possibility that “social media will become a tool of harassment and intimidation of jurors if their identity is made public.”

Kelly’s attorneys did not immediately respond to CNN’s request for comment on Sunday. Steve Greenberg, an attorney for Kelly, previously told CNN that “the idea that R. Kelly is going to do anything while his case is underway to intimidate jurors or threaten jurors like a 1950s gangster is ridiculous”.

“I have done business with anonymous juries,” Greenberg said in July. “But we, as his lawyers, should definitely know where jurors come from, what they do for a living. The idea of jury selection is that you have a sense of who you choose.”

Donnelly also ruled that the jury could be partially sequestered and escorted by US Marshals in and out of the courthouse – something Kelly’s team was not opposed to. This would prevent jurors from being contacted by the news media and the public during the trial, and would prevent “inappropriate and potentially harassing or intimidating contact,” the judge wrote, in part.

Kelly’s trial was scheduled to begin in Brooklyn federal court in September, but it was delayed in part due to the Covid-19 pandemic. There is currently no trial date set for the case.

CNN’s Sonia Moghe contributed to this report.

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