R. KELLY is demanding a new trial in a bombshell court filing that also claims to have discovered new evidence and a government cover up.
The singer’s attorneys filed the motion on Friday, alleging that the singer’s life remains in jeopardy while he’s in prison.
Kelly, 58, was rushed to a hospital on June 13 after allegedly being given a near-fatal overdose of his medication.
During his stay, doctors found several blood clots, which his legal team said he was being denied treatment for.
In the bombshell motion for a new trial, Kelly’s attorneys wrote, “Newly discovered evidence establishes that the government engaged in numerous constitutional violations in its prosecution of Mr. Kelly.”
They claimed that “The government violated Mr. Kelly’s right to counsel by utilizing a jailhouse informant to elicit information from Mr. Kelly about the subject matter of the case.
“The government committed further violations of Mr. Kelly’s right to counsel as well as his right to due process under the Fifth Amendment through the surreptitious collection of Mr. Kellys legal communications.”
In the motion, his legal team took issue with specific evidence that they say was withheld from them in the 2022 trial.
STAR WITNESS THROWN INTO QUESTION
“The government flouted its obligations under Brady and Giglio by concealing impeachment evidence that would damage its case against Mr. Kelly and demonstrate witness intimidation and obstruction of justice committed by prosecutors and B.O.P.
officers.
“The interest of justice therefore requires a new trial.”
His legal team took particular issue with the government’s star witness, who testified under the alias of Jane.
They claimed that in the lead up to his 2008 child pornography case, Jane had told a jury “that she was not the person who appeared in the video that is at the heart of the instant case.”
His lawyers said the FBI had analyzed the tape at the time and they were unable to determine if Jane was in fact the person in the video.
Kelly’s attorneys attached an exhibit with the FBI’s examination of the tape in question, and in it, it says there is “insufficient detail” of the female depicted in the images, and that she “could not be identified. “
Kelly’s team said for about 20 years, Jane never changed her story, that she wasn’t the person in the video at the heart of the R&B star’s 2022 trial.
“However, as the Me Too movement heated up and Surviving
R. Kelly began to flicker in the eyes of prosecutors who saw him as the one that got away, something changed,” his team claimed, adding that what changed “was tactics that prosecutors were willing to use to get [Jane] to change her story.”
His team says they have witnesses willing to testify about what happened with Jane.
Kelly’s team alleges that federal agents “pursued Jane” who had indicated she did not want to speak to them.
“They told Jane that, if she did not change her story, her parents
would both be charged with engaging in a criminal conspiracy with R. Kelly to obstruct justice,” Kelly’s team claimed.
The singer’s attorneys claimed the feds, in allegedly pushing Jane to “change her story” told her they had evidence that the star had made payments to her parents, and that they would use that information to prosecute and jail them.
Kelly’s team then stunningly added “the prosecution team further told Jane that she would be able to receive a substantial financial award if she gave testimony that led to Mr. Kelly’s conviction. That proved to be an outright lie. But it was told as truth. And Jane believed it.”
His team then said “Her grand jury testimony in this case was the direct product of threat, intimidation, and coercion.”
STOLEN EMAILS & LEGAL CORRESPONDENCE
On top of that, his team also alleged that while the I Believe I can Fly singer was held at the Metropolitan Correctional Center in Chicago, “the prosecution team enlisted Bureau of Prisons officers and
cooperating witnesses to steal his correspondence with his lawyer and his private emails.”
They said that that information was used to gain an “unfair and plainly unconstitutional advantage over Mr. Kelly” by giving prosecutors a look at his strategy with his lawyers, which the government had no right.”
They accuse a specific Bureau of Prisons officer, who was not working at the facility where Kelly was housed, of taking the legal correspondence.
His attorneys said the government then used the emails and calls, including privileged communications with his lawyer, for the purpose of influencing witnesses Jane and Jane-NY.
KELLY’S CELLMATE ‘HELPED THE FEDS’
Kelly’s lawyers then take issue with his cellmate at MCCC, who allegedly admitted “that he met with prosecutors and sought a reduced sentence in exchange for providing cooperation against Mr. Kelly.”
The claim the cellmate, Kishan Modugumudi, agreed to steal Kelly’s “written correspondence from their cell and provide it to prison officials who would then give it to the United States Attorneys handling the investigation against Mr. Kelly.”
In Friday’s filing, Kelly’s defense included a declaration from Modugumudi confirming the allegations they laid out in their motion, and, Kelly’s cellmate said, he is willing to testify about being a government witness in court.
They alleged that Modugumudi collected Kelly’s mail when he was elsewhere at the facility, and would make it a point of specifically “stealing Mr. Kelly’s legal mail that was written to his lawyers.”
The motion also takes aim at a government informant, Larry McGee, who introduced Jane and Jane NY and told them about evidence he had of another of Kelly’s relationships which they were unaware of.
Kelly’s team claimed McGee was given a light sentence for the charges he was facing.
They added an exhibit to the motion filed Friday, showing McGee’s sentencing memo heavily redacted, which they claim would likely have shown his cooperation with the feds on the singer’s case in exchange for the lighter sentence.
The motion then gets into the events of the last several weeks in which, they allege, Kelly’s life has been put in danger by the government.
R. KELLY’S PRISON ‘OVERDOSE’
Kelly was rushed to Duke University Hospital on June 13 after being administered additional medications and instructed to take them, according to court documents previously reviewed by The U.S. Sun.
While hospitalized, medical staff found blood clots in Kelly’s legs and lungs and intended to keep him for surgery, according to his attorney, Beau Brindley.
However, prison officials allegedly removed Kelly from the hospital and returned him to the facility, placing him back in solitary confinement.
‘MURDER-FOR-HIRE’ PLOT
Days before the alleged overdose, on June 10, Kelly’s team asked for his immediate release to escape an alleged murder-for-hire plot by prison officials and another inmate.
According to the motion, Kelly allegedly received a phone call from a Bureau of Prisons official advising him to “avoid the mess hall,” due to concerns about the potential for “poisoned meals and commissary goods.”
In Friday’s motion for a retrial, Kelly’s team again submitted a sworn statement from a terminally ill inmate, and alleged leader of the Aryan Brotherhood, Mikeal Glenn, who claimed Bureau of Prisons officials had recruited him into a murder plot and offered him his freedom in exchange for killing Kelly.
On Thursday, the disgraced R&B singer’s attorney told The U.S. Sun that Kelly’s request for immediate release has been denied, which had prompted this request for a retrial.
In a statement to The U.S. Sun on Friday, Kelly’s lawyer said “In their zeal to become Me Too warriors who brought down R. Kelly, federal prosecutors and Bureau of Prisons officers have intimidated witnesses, obstructed justice, and violated Mr. Kelly’s constitutional rights.
“Our motion sets forth the entire sordid story of both the crimes they committed in pursuing R Kelly, and of the plot to forever silence him to prevent these crimes from being exposed. We will not rest until Mr. Kelly is free.”
The U.S. Sun has reached out to the Department of Justice for comment.
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