A federal judge on Thursday rejected a call from prosecutors to keep R. Kelly behind bars until he is 100, instead telling the Grammy Award-winning R&B singer he would serve all but one of his 20 years on child sex convictions simultaneously with a previous racketeering sentence.
Handed down in a courtoom in Kelly鈥檚 hometown of Chicago, the sentence means Kelly could make it out of prison alive, when he is about 80. Prosecutors had asked Judge Harry Leinenweber to sentence him to 25 years 鈥 and to not let him begin serving those until after he completed the first 30-year sentence, imposed on him last year in New York.
鈥淭he nature of this offense is 鈥 horrific,鈥 Leinenweber said in explaining the 20-year sentence. He noted that Kelly鈥檚 sexual abuse victims would suffer from his crimes for the rest of their lives.
At the same time, he accepted defense arguments that Kelly might not even make it to 80, so handing him a consecutive lengthy sentence, rather than allowing him to serve all but one year of it simultaneously, didn鈥檛 make much sense.
鈥淗e has a life expectancy of not a hell of a lot more,鈥 the judge said. 鈥淗e is 56 years of age.鈥
Kelly鈥檚 defense lawyer celebated the ruling as a victory, and some of the singer鈥檚 fans could be heard cheering outside the courtroom.
Kelly remained still, his eyes downcast, as Leinenweber explained what was at times a hard-to-follow sentence. He did seem to show some emotion when a representative read a statement written by 鈥淛ane,鈥 one of his accusers and a key prosecution witness.
鈥淚 was brainwashed by Robert and a sex slave,鈥 Jane鈥檚 statement said. 鈥淚t almost killed me.鈥
Kelly did not make a statement in court prior to the sentencing decision, heeding the advice of his lawyer, Jennifer Bonjean, to stay quiet while they appeal both his Chicago and New York convictions.
鈥淚t鈥檚 the right outcome,鈥 Bonjean said. 鈥淭he judge was reasonable. He, I think, took into account both sides and ultimately was fair.鈥
The U.S. Attorney in Chicago, John Lausch, conceded that prosecutors were disappointed Kelly didn鈥檛 receive more consecutive prison time. But he added, 鈥淭wenty years is a significant sentence, and we are happy that that was imposed in this case.鈥
The judge said at the outset of the hearing that he did not accept the government鈥檚 contention that Kelly used fear to woo underage girls for sex, a determination that was important in deciding whether to extend Kelly鈥檚 current term sigificantly.
鈥淭he (government鈥檚) whole theory of grooming, was sort of the opposite of fear of bodily harm,鈥 the judge told the court. 鈥淚t was the fear of lost love, lost affections (from Kelly)鈥. 鈥 It just doesn鈥檛 seem to me that it rises to the fear of bodily harm.鈥
Two of Kelly鈥檚 accusers asked the judge to punish him harshly.
鈥淲hen your virginity is taken by a pedophile at 14 鈥 your life is never your own,鈥 Jane鈥檚 statement read.
Another accuser, who used the pseudonym 鈥淣ia,鈥 addressed Kelly directly in court. Speaking forcefully as her voice quivered, Nia said Kelly would repeatedly point out her alleged faults while he abused her.
鈥淣ow you are here 鈥 because there is something wrong with you,鈥 she said. 鈥淣o longer will you be able to harm children.鈥
Jurors in Chicago convicted Kelly last year on six of 13 counts: three of producing child porn and three of enticement of minors for sex. Prosecutors did not get a conviction on the marquee charge: that Kelly and his then-business manager successfully rigged his state child pornography trial in 2008.
Kelly rose from poverty in Chicago to become one of the world鈥檚 biggest R&B stars. Known for his smash hit 鈥淚 Believe I Can Fly鈥 and for sex-infused songs such as 鈥淏ump n鈥 Grind,鈥 he sold millions of albums even after allegations about his abuse of girls began circulating publicly in the 1990s.
Prosecutors described Kelly as 鈥渁 serial sexual predator鈥 who used his fame and wealth to reel in, sexually abuse and then discard star-struck fans.
U.S. Assistant Attorney Jeannice Appenteng urged the judge to keep Kelly in prison 鈥渇or the rest of his life.鈥
Kelly鈥檚 abuse of children was especially appalling, she said Thursday, because he 鈥渕emorialized鈥 his abuse by filming victims, including Jane. Appenteng told the court Kelly 鈥渦sed Jane as a sex prop, a thing鈥 for producing pornographic videos.
But Bonjean has accused prosecutors of offering an 鈥渆mbellished narrative鈥 to get the judge to join what she called the government鈥檚 鈥渂loodthirsty campaign to make Kelly a symbol of the #MeToo movement.鈥
The singer has suffered enough, including financially, Bonjean said. She said his worth once approached $1 billion, but that he 鈥渋s now destitute.鈥
Given his age and current 30-year sentence, Bonjean said sentencing Kelly to 25 more years would be 鈥渙verkill.鈥
鈥淚t is symbolic,鈥 she said. 鈥淲hy? Because it is R. Kelly.鈥
Just before Kelly was taken back to detention Thursday, he requested that he not be placed on suicide watch because constant checks by guards 鈥渋s in and of itself cruel鈥 and 鈥渃reates mental health issues,鈥 Bonjean said.
鈥淗e was expecting this,鈥 she told the judge. 鈥淢r. Kelly 鈥 is not suicidal.鈥
Michael Tarm And Claire Savage, The Associated Press
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