R. Kelly lawyers say ‘gamesmanship’ behind prosecutors’ failure to turn over evidence

CHICAGO — Less than three months before indicted singer R. Kelly is set to go on trial on federal racketeering charges in New York, his lawyers are accusing prosecutors of “gamesmanship” for improperly withholding evidence, alleging it should have been turned over months ago.

In a motion filed Sunday in U.S. District Court in Brooklyn, Kelly attorney Michael Leonard said the delay in turning over “crucial” materials in the case will put the defense at a decided disadvantage, particularly given the difficulties of preparing for trial amid the ongoing coronavirus pandemic.

“The only reason that these materials are being withheld is to allow the government to gain a tactical advantage and as gamesmanship,” Leonard wrote in the motion. “This action is decidedly not one that should be based upon trial by surprise, or trial with only an opportunity for one side to meaningfully prepare.”

Kelly, 54, is set to go on trial April 7 on charges alleging Kelly and his associates ran a criminal enterprise that recruited women and underage girls for illegal sexual contact, then isolated and threatened them to keep them under control and prevent them from going to authorities.

U.S. District Judge Ann M. Donnelly has set a pretrial conference for Feb. 17.

Leonard’s motion asked the judge to order prosecutors to turn over all its evidence immediately. He alleged that the “bulk” of the material has been in the government’s possession for months, if not years, and there was no legal reason for it to be withheld.

“The pandemic will make it even more difficult for Mr. Kelly’s counsel to take investigatory and other steps, once they finally receive these materials,” Leonard stated in the motion. “That is exacerbated by the fact that the allegations in this case stem from events that are allegedly to have occurred literally decades ago.”

Kelly has been held without bond at the Metropolitan Correctional Center in Chicago since his arrest on the federal charges in July 2019.

In addition to the New York case, Kelly is charged in federal court in Chicago with numerous sex abuse-related counts, including allegations he conspired with two former employees to rig his 2008 child pornography trial in Cook County by paying off witnesses and victims to change their stories.

U.S. District Judge Harry Leinenweber has set a tentative trial date for that case for September.

He’s also facing felony criminal sexual abuse charges filed in Cook County in February 2019.

Kelly has pleaded not guilty in each case.

Kelly’s lawyers have argued for months that draconian rules at the federal jail in Chicago — mostly due to the COVID-19 pandemic — have made it difficult for them to meet with their client and review evidence.