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R. Kelly’s lawyer argued before an appeals court on Monday that various legitimate organizations, including college fraternities, could potentially be considered racketeering organizations under a law used to convict the R&B superstar in his Brooklyn trial for sexually abusing young fans, including children, over many years.
Lawyer Jennifer Bonjean, aiming to overturn his 2021 convictions or secure a new trial, sought to convince three judges on the 2nd U.S. Circuit Court of Appeals in Manhattan that prosecutors improperly utilized a racketeering statute designed to combat organized crime to prosecute the singer.
She argued that it was unjust for prosecutors to charge Kelly, 57, with leading a Racketeer Influenced and Corrupt Organization (RICO) enterprise from 1994 to 2018 composed of individuals who furthered his music career and recruited women and girls for illegal sexual activities and child pornography production.
“This was not a group of people with the intention to recruit girls for sexual abuse or child pornography,” Bonjean stated. “Whether they turned a blind eye, suspected some of these girls were underage, that’s a different matter.
“And once we start going down that path, where we say that constitutes a RICO enterprise, well, we have numerous organizations — such as frat houses — that could now be considered RICO enterprises,” she supported the Grammy-winning, multiplatinum-selling songwriter.
The judges did not make an immediate ruling but posed numerous questions to Bonjean and a prosecutor defending the government’s handling of the case, which led to a 30-year prison sentence for Kelly in June 2022.
Assistant US Attorney Kayla Bensing argued that Kelly’s network of aides and employees were part of a “system in place that lured young people into his circle” before he “took over their lives.”
During the trial, several women testified that they were forced to sign nondisclosure agreements and faced threats and punishments, such as violent spankings, if they violated what one referred to as “Rob’s rules.”
Some judges questioned whether the employees were aware of Kelly’s 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.
The prosecutor pointed to several instances of testimony, including one in which a woman stated that she informed a member of Kelly’s entourage that she was 16 when he asked her age.
“Members of the enterprise heard Kelly abuse his girlfriends, they knew that Kelly was isolating his victims and they aided him in doing so, including enforcing his punishments such as overseeing them while they were confined to a bus for extended periods,” she added.
Kelly, born Robert Sylvester Kelly, is recognized for hits like the 1996 song “I Believe I Can Fly” and the cult favorite “Trapped in the Closet,” a multi-part tale of betrayal and intrigue.
He was loved by many fans and sold millions of albums, even after allegations of his abuse of young girls surfaced publicly in the 1990s.
He was acquitted of child pornography charges in Chicago in 2008, but a second trial in Chicago in 2022 ended with his conviction on charges of producing child pornography and enticing girls for sex.
Public outcry over Kelly’s sexual misconduct escalated with the #MeToo movement, particularly after the release of the documentary “Surviving R. Kelly.”
