On Wednesday, a federal appeals court upheld R. Kelly's convictions for racketeering and sex trafficking, along with a harsh 30-year prison sentence, marking the culmination of a case that revealed the singer's decades-long exploitation of his fame to sexually prey on girls and young women. The 2nd U.S. Circuit Court of Appeals in Manhattan issued its ruling after deliberating on the arguments presented in March of the previous year.
The Grammy-award-winning R&B songwriter, whose multi-platinum sales once spoke volumes of his popularity, was found guilty in 2021 by a Brooklyn federal court on multiple counts, including racketeering and sex trafficking. Jennifer Bonjean, the attorney representing R. Kelly, issued a statement expressing her belief that the Supreme Court would grant an appeal hearing. She characterized the ruling of the 2nd Circuit as "unparalleled," contending that it granted prosecutors boundless discretion, enabling them to apply the anti-fraud law in absurdly far-fetched scenarios that deviated drastically from its original intent.
Last year, the Supreme Court declined to hear an appeal against a 20-year sentence imposed on Kelly after he was convicted in 2022 of child sex charges, including the production of child sexual abuse imagery in Chicago.
The 2nd Circuit Court rejected Kelly's claims, which included inadequate trial evidence, constitutional questions surrounding some state laws used against him, alleged juror bias among four jurors, improper rulings by the trial judge, and the misuse of a racketeering charge typically associated with organized crime.
"For over a quarter-century, Kelly, aided by his managers, assistants, and other staff, leveraged his fame to ensnare girls and young women," stated the appeals court, noting that members of his entourage facilitated introductions to underage girls. "Trial evidence demonstrated how he isolated them from their friends and family, exercising control over nearly every facet of their lives while verbally, physically, and sexually abusing them," elaborated the three-judge panel.
The appeals court deemed it "neither arbitrary nor irrational" to allow several accusers to testify at trial about Kelly transmitting herpes to them without disclosing his STD status. Additionally, it found no undue prejudice or cumulativeness in permitting seven witnesses, who were minors when Kelly's abuse began, to testify. "None of the testimony surpassed the severity of the charged acts," the appeals court concluded.
The Second Circuit Court further elucidated that the trial judge's decision to allow jurors to view graphic videos did not constitute unfair prejudice. According to the appellate court, these videos were "admitted aptly to illuminate the modus operandi of the enterprise, encompassing the extent of control and domination Kelly exerted over his victims." In her statement defending R. Kelly, Bonjean also referenced a qualified dissent, wherein Judge Richard J. Sullivan of the Second Circuit, while concurring with what he deemed the majority's "stellar opinion," dissented in part regarding a restitution award granted to one victim for a lifelong supply of a suppressive herpes medication. Notably, this award was predicated on the cost of the branded drug despite the availability of a generic alternative.
"This was not about restitution," Bonjean argued. "It amounted to an attempt by the government to unfairly reward its witnesses for their testimonies." Kelly, born Robert Sylvester Kelly, is renowned for hits like the 1996 anthem "I Believe I Can Fly" and the cult-favorite multipart saga "Trapped in the Closet," which delves into sexual betrayal and intrigue. Despite allegations of young girls' abuse surfacing publicly in the 1990s, Kelly's album sales soared, and his demand remained steadfast. Acquitted of child pornography charges in Chicago in 2008, he faced a second trial in 2022, which culminated in his conviction for producing child pornography and enticing minors for sex.
The widespread indignation regarding Kelly's sexual misconduct only came to the forefront during the #MeToo movement, peaking after the release of the documentary "Surviving R. Kelly."
