The United States Court of Appeals for the Second Circuit recently upheld R&B Singer R. Kelly’s racketeering and sex trafficking convictions, as well as his 30-year prison term.
The appeal stems from a federal sexual assault case against Kelly in New York, where he was found guilty of using his celebrity status to sexually abuse young women and men. The court rejected all of Kelly’s arguments challenging his conviction and 30-year sentence. As reported by the Associated Press, Kelly’s attorney Jennifer Bonjean isn’t ready to give up and plans on appealing Kelly’s conviction to the Supreme Court.
Kelly’s History of Sexual Misconduct Allegations
Chicago native R. Kelly rose to fame in the 1990s as a talented singer and songwriter. He won several Grammy Awards for his popular song “I Believe I Can Fly.” He started facing legal issues early in his career, mostly involving accusations of sexual activities with underage girls.
In 2019, many of Kelly’s accusers came forward to give detailed accounts of their experiences with Kelly in a documentary called “Surviving R. Kelly.” Shortly after the film debuted, Kelly’s record label dropped him, concerts were canceled, and the mountain of alleged crimes continued to grow. Multiple cases against Kelly were filed, including the federal case in NYC he hopes to appeal to the Supreme Court.
Kelly’s Arguments Against His Conviction
Kelly’s lawyers are making several claims to reverse his conviction, reduce his sentence, or get a new trial. They believe he was convicted unfairly due to a lack of evidence, improper rulings by the trial court judge, biased jurors, and wrongful prosecution for racketeering. The Court of Appeals denied all of Kelly’s challenges, so if the Supreme Court agrees to hear his appeal, will they decide differently?
Racketeering
Kelly claims RICO targets organized crime, not individuals. Racketeering typically doesn’t involve one person committing one crime but a group of people working together to commit multiple crimes, such as threats, bribery, extortion, and violent acts, over an extended period.
In Kelly’s case, the prosecution claims his employees helped him find and control young girls, similar to how a criminal organization operates, by:
- Bribing a state worker to make a fake ID for a teen girl so Kelly could marry her and avoid legal issues
- Sexually exploiting young girls by making them perform sexual acts in illegal videos and threatening them if they refused
- Illegally transporting underage girls across state lines for sexual activities
Kelly is not the only performer to face racketeering charges related to sex crimes. Federal authorities have also charged Sean Combs with racketeering for similar activities. The cases are unrelated, but they show how federal authorities might approach similar allegations moving forward.
To reverse the racketeering conviction, Kelly’s lawyers would have to prove the prosecution did not establish the elements required and failed to provide evidence that Kelly’s actions:
- Affected interstate or foreign commerce
- Occurred at an organizational level
- Involved a pattern of activity
Insufficient Evidence
Kelly asserts there wasn’t enough evidence presented during the trial to find him guilty, and the prosecution failed to prove the charges beyond a reasonable doubt. To win this argument, Kelly’s attorneys must demonstrate that the evidence wasn’t strong enough to support each element of the crimes or convince a reasonable person of his guilt. His attorneys would have to show that no reasonable jury could have found him guilty with the evidence provided during his trial. This is typically a high bar to meet.
Biased Jury
Kelly also argues the jury was not impartial because of all the media coverage and public opinions about his alleged crimes. To prove a biased jury, his lawyers have to establish that one or more jurors:
- Had preconceived beliefs about Kelly
- Were influenced by outside factors
They would have to present direct evidence showing jurors were affected by news stories or personal biases and could not objectively decide whether he was guilty or innocent.
Will the Supreme Court Hear Kelly’s Appeal?
The Supreme Court isn’t required to accept Kelly’s appeal. Kelly’s attorneys must file a petition for a writ of certiorari to get the Court to review his case. If his appeal is successful, the Court could overturn his conviction, order a new trial, or modify his sentence. If he loses again, his conviction and sentence will stay the same.
Related Resources:
- What's All the Racket With RICO Law? (FindLaw’s Law and Daily Life)
- Racketeering/RICO (FindLaw’s Learn About the Law)
- Feds Investigate P. Diddy for Sex Trafficking as Legal Charges Pile Up (FindLaw’s Legally Weird)
