R. Kelly's Lawyer Challenges Racketeering Conviction, Claiming Unfair Use of the Law

R. Kelly's lawyer argues that the racketeering law used to convict the singer is unfair, as it could implicate various legitimate organizations.

R. Kelly’s lawyer made a case to an appeals court Monday challenging the legitimacy of using racketeering charges against the R&B superstar. The lawyer, Jennifer Bonjean, argued that the application of racketeering laws to convict Kelly of sexually abusing young fans, including children, was unjust and could have far-reaching implications for various organizations, even college fraternities.

Questionable Use of Racketeering Statute

Bonjean sought to reverse Kelly's 2021 convictions or obtain a new trial, contending that prosecutors inappropriately utilized a racketeering statute designed to combat organized crime to prosecute the singer. She emphasized that it was unfair for prosecutors to charge Kelly with leading a Racketeer Influenced and Corrupt Organization (RICO) enterprise from 1994 to 2018, composed of individuals who supported his music and recruited women and girls for illegal sexual activities and the production of child pornography.

"This was not a collection of people with the purpose of recruiting girls for sexual abuse or child pornography," stated Bonjean. She further added, "If we are going to say that this constitutes a RICO enterprise, then we have a lot of organizations — including frat houses — that could potentially be classified as RICO enterprises."

Prosecution's Defense

Assistant U.S. Attorney Kayla Bensing defended the government’s handling of the case, asserting that Kelly's network of aides and employees was part of a system that lured young individuals into his sphere before exerting control over their lives.

During the trial, several women testified that they were coerced to sign nondisclosure agreements and faced threats and punishments if they violated what was referred to as "Rob’s rules." However, questions arose regarding whether Kelly's employees were aware of his illegal activities with teenage girls.

"What evidence is there that staff who arranged these things knew that they were underage?" asked Circuit Judge Denny Chin. Bensing responded by citing numerous instances of testimony, including one in which a woman testified that she disclosed her age of 16 to a member of Kelly's entourage when asked. Bensing also pointed out that some staff members knew the girls' ages as they booked flights for them and the girls had to provide their birth dates."

Implications and Background

R. Kelly, born Robert Sylvester Kelly, is renowned for his musical contributions, including the 1996 hit "I Believe I Can Fly" and the multipart saga "Trapped in the Closet." Despite allegations of his abuse of young girls surfacing in the 1990s, he maintained a large fan base. In 2008, he was acquitted of child pornography charges in Chicago, but a subsequent trial in 2022 resulted in his conviction for producing child pornography and luring girls for sexual purposes.

It was only during the #MeToo movement and following the release of the documentary "Surviving R. Kelly" that widespread outrage over his sexual misconduct gained momentum.

Court Decision

The judges at the 2nd U.S. Circuit Court of Appeals in Manhattan did not immediately issue a ruling, but they engaged in thorough discussions with both the defense and the prosecution. The outcome of their decision will carry significant implications for the use of racketeering statutes in cases involving similar allegations.

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