R Kelly LOSES bid to quash 20-year jail sentence for child sex attacks in Chicago but vows 'our fight is not over' - one day after bombshell overturning of Harvey Weinstein's rape conviction
- R. Kelly has had his attempts to appeal a 20-year sentence quashed by a court
- Jurors convicted Kelly in 2022 on charges of child porn and sex with minors
- Video evidence shown during the trial in Chicago showed Kelly abusing a girl
Disgraced singer R. Kelly has had his attempts to appeal his 20 year prison sentence quashed by an appeals court.
Jurors in 2022 convicted the R&B singer, born Robert Sylvester Kelly, on three charges of producing child porn, and three charges of enticement of minors for sex.
In his appeal, Kelly argued that Illinois' former and shorter statute of limitations - which allowed charges to be brought until the victim reached the age of 25 in child sex prosecutions - should have applied to his Chicago case rather than current law permitting charges during the life of the accuser.
The 57-year-old also argued that charges involving one accuser should have been tried separately from the charges tied to three other accusers due to video evidence that became a focal point of the Chicago trial.
In their Friday ruling, the Chicago-based 7th U.S. Circuit of Appeals rejected Kelly's argument that he should not have been prosecuted since the allegations occurred while Illinois law required prosecution of child sex crime charges before the victim turned 25.
R. Kelly turns to leave after appearing at a hearing at the Leighton Criminal Courthouse on September 17, 2019 in Chicago, Illinois
In this file photo taken on February 24, 1998, R. Kelly holds his three Grammy Awards in New York at the 40th annual Grammy Awards
The panel labeled it an attempt by Kelly to elude the charges entirely after 'employing a complex scheme to keep victims quiet.'
Video evidence shown during the trial showed Kelly abusing a girl, identified only as Jane, who testified for that she was 14 when the video was taken.
The three-judge panel noted that jurors acquitted Kelly on 7 of the 13 counts against him 'even after viewing those abhorrent tapes.'
Kelly's attorney Jennifer Bonjean told TMZ: 'Our fight is not over. We will see review from the USSC (SCOTUS) on the statute of limitations questions at a minimum.
'And he has habeas remedies at his disposal. And if we win in NY. He will be entitled to resentencing in Illinois. So this story is far from over.'
Prosecutors in his home state had sought an even tougher sentence, asking for 25 years.
They also wanted a judge to not let that sentence begin until he completed a 30-year sentence imposed in 2022 in New York on federal racketeering and sex trafficking convictions.
Judge Harry Leinenweber rejected that ask, ordering that Kelly serve the 20 years from the Chicago case simultaneously with the New York sentence.
Kelly and his lawyers have separately appealed the New York sentence in which he faced nine charges.
Kelly pictured here in his mugshot in Chicago after his arrest on February 22, 2019
In court last month, Bonjean told the 2nd U.S. Circuit Court of Appeals that federal prosecutors failed to prove that the singer led a racketeering scheme where he recruited underage girls for sex and then violated several victims.
Questions from the three-judge panel in Manhattan suggested that argument might be a tough sell.
'Didn't the government prove that one of the purposes of this enterprise was to recruit girls so that Kelly could have illegal sexual activity?' Circuit Judge Denny Chin asked.
Bonjean said it did not do so by relying on evidence such as Kelly's employees passing out the phone number backstage of the singer, perhaps best known for the 1996 Grammy-winning smash 'I Believe I Can Fly.'
'There was no evidence that anyone went out there saying, "May I find out what your age is, are you underage, come back, we want to serve you up to Mr. Kelly."'
Circuit Judge Richard Sullivan suggested that the ages of some accusers might have been have been obvious.
'The appearance of these girls would be evidence enough, wouldn't it?' he asked Bonjean.
'Looking young does not mean you know someone is a minor,' Bonjean responded.
Kelly arrives for the 2013 American Music Awards at the Nokia Theatre L.A. Live in Los Angeles
Kelly poses for a mugshot photo after being arrested for $161,663 in unpaid child support March 6, 2019
Kelly has been behind bars July 2019, now at the Butner, North Carolina prison that housed late Ponzi schemer Bernard Madoff. He will be 78 when eligible for release in 2045.
His conviction made him among the most prominent people convicted of sexual misconduct during the #MeToo movement.
Disgraced movie mogul Harvey Weinstein and his New York trial was pivotal for the movement, the campaign against sexual abuse which went viral online after several women came forward alleging that he had sexually abused them.
The 72-year-old is delighted that 'finally somebody listened to him', spokesperson Juda Engelmayer told DailyMail.com.
'I just spoke to him two minutes ago. Harvey was crying. He was excited,' Engelmayer said of her client, who has been accused of sexual abuse by more than 80 women.
Harvey Weinstein leaves the Manhattan Criminal Court, as a jury continues with deliberations on February 21, 2020
'He was happy that finally somebody listened to him. He is waiting to hear from the attorneys and waiting to hear from the prison system what the next steps are. He's hopeful and he's keeping his spirits up.'
A new trial has been ordered and the New York DA's office has expressed its intent pursue a new conviction. His accusers decried Thursday's decision as 'profoundly unjust'.
Weinstein has been serving 23 years in a New York jail for the two sex attacks against aspiring actress Jessica Mann and production assistant Mimi Haleyi.
Weinstein will remain in prison due to a separate conviction for rape in Los Angeles from 2022 which saw him handed a 16 year sentence.
