Jury selection in the federal trial of R. Kelly, accused of rigging his 2008 state child pornography trial, began Monday with the judge and lawyers quickly focusing on whether potential jurors watch a 2019 documentary about sexual abuse allegations against the R&B singer.
After denying a request by Kelly’s attorney to automatically exclude anyone from the jury who watched the six-part documentary series, Surviving R. Kelly, U.S. District Judge Harry Leinenweber asked prospective jurors about how much they saw, what they remember, and whether they could be unbiased if they were selected.
Jurors were asked whether they had seen the documentary in a questionnaire they had already completed. In one case, a woman who had left her answer blank admitted that she had seen several episodes. However, he was not immediately excused from serving.
In all, the judge dismissed at least half of the people he questioned Monday. Often, they were excluded after recognizing that they could not promise to be fair. One woman who was excused explained that she wasn’t sure because she worked in education with children.
Jury selection was expected to continue Tuesday.
The trial centers on whether Kelly threatened and paid off a girl he allegedly videotaped having sex with when he was in his 30s and she was no older than 14. Jurors acquitted Kelly of all charges in that 2008 trial, some later explaining that they felt they had no choice because the girl did not testify. The woman, now 30 and known only as “Minor 1,” will be the government’s star witness in the upcoming federal trial, which is expected to last four weeks.
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Kelly, 55, is taking part in the trial in federal court in Chicago after he was sentenced by a federal judge in New York to 30 years in prison for a 2021 sentence on charges he used his fame to sexually abuse other young fans.
Dressed in a light gray suit and tie, Kelly gave prospective jurors a look as he was introduced by his attorney Jennifer Bonjean. Kelly wore a mask, as did everyone in court due to coronavirus precautions.
Kelly, who rose from poverty on Chicago’s South Side to become a star singer, songwriter and record producer, faces multiple charges in the trial. They include four counts of seduction of minors, one for four other accusers. They are also scheduled to testify.
The Chicago convictions could add decades to Kelly’s New York sentence, which he is appealing. With the New York sentence alone, Kelly will be about 80 years old before qualifying for early release.
Associates also on trial
Two of Kelly’s associates, Derrel McDavid and Milton Brown, are co-defendants in the Chicago trial.
McDavid is accused of helping Kelly fix the 2008 trial, while Brown is accused of receiving child pornography. Like Kelly, they have also denied any wrongdoing.
Two state cases are also pending. One is a multiple-count sexual abuse case in Cook County Circuit Court in Chicago. The other is a solicitation case in Minnesota. No trial dates are set for either.
Minor 1 is expected to testify that she was recorded on video having sex with Kelly. The recording was at the heart of the month-long 2008 trial and was played for jurors almost every day.
Minor 1 met Kelly in the late 1990s when she was in high school. He had accompanied Kelly to the recording studio in Chicago with his aunt, a professional singer who worked with Kelly. Soon after, Minor 1 told her parents that Kelly was going to be her godfather.
Prosecutors say Kelly later threatened and tried to pay off Minor 1 and her parents not to testify at the 2008 trial. Neither did.
Double jeopardy rules prohibit someone from being prosecuted for the same crimes for which they were previously acquitted.
That doesn’t apply to the federal trial in Chicago because prosecutors allege different crimes related to Child 1, including obstruction of justice.