CHICAGO-
R. Kelly could be 80 years old before the singer is free again, according to a 30-year prison sentence imposed this week by a federal judge in New York for taking advantage of his fame to sexually abuse young fans, including some who were kids.
And if the 55-year-old loses in three related trials in the coming months, he could be spending decades more behind bars. That prospect, said one of his attorneys who was not involved in the New York trial, could lead Kelly to seek a plea deal.
Here’s a look at the potential impact of Kelly’s lengthy prison sentence in New York on those other cases:
WHAT IS THE STATUS OF THE CASES?
A federal trial in Chicago is then scheduled to begin on August 15. Chicago is Kelly’s hometown and home to many of her accusers, so the interest is expected to be especially intense. Kelly faces charges that he and two co-defendants rigged his state child pornography trial in 2008, when he was acquitted.
The other two cases are state cases: a multi-count sexual assault case in Cook County, Illinois, where Chicago is located, and a solicitation case in Hennepin County, Minnesota. Both have been in the background as the federal cases unfold. No trial dates have been set for either.
WHAT ARE THE CHANCES OF KELLY SEEKING A PLEADING AGREEMENT?
The chances are greater after sentencing in New York, said Steve Greenberg, a longtime Kelly attorney who is representing Kelly in the Cook County case.
“I suspect there have been discussions” between attorneys and prosecutors on Kelly’s federal trial team, Greenberg said.
A message seeking comment from Kelly’s lead attorney on his federal cases, Jennifer Bonjean, was not immediately returned. She previously said that Kelly would appeal her convictions in New York.
Kelly must weigh the likelihood of winning the Chicago federal case against agreeing to a deal that includes more prison time, Greenberg said.
But Greenberg believes the cases against Kelly in Cook County and Minnesota are much weaker and that Kelly could win acquittals in those state courts.
WOULD ANOTHER PRAYER BE ADDED TO THE NEW YORK PRAYER?
If Kelly is convicted in U.S. District Court in Chicago, his judge could order Kelly to serve that sentence after his sentence in New York is completed, said Phil Turner, a former federal prosecutor in Chicago with no ties to the cases. of Kelly.
Turner said he expected prosecutors to ask for a consecutive sentence, but a judge would most likely impose a concurrent sentence, meaning they would be served simultaneously.
WOULD PROSECUTORS BE OPEN TO AGREEING WITH THE DECLARATION?
They could be, if Kelly agrees to take responsibility for the crimes charged.
Kelly’s attorneys would likely not agree to anything that would involve the possibility of extending the 30-year sentence and would only sign an agreement that provides for sentences of less than 30 years. They would also want assurances that prosecutors will not push for consecutive sentences.
Turner said the advantage for Kelly of a settlement that ends the possibility of further trials is that her attorneys could focus their full attention on the New York appeal.
Greenberg said there were reasons to think Kelly might prevail on that appeal. Turner said that was a long shot. But if that sentence is thrown out, Turner said Kelly would seek to complete what her attorneys hope will be lower sentences in the other districts.
COULD THE PROSECUTORS JUST DECIDE TO DROP THE OTHER CASES?
The chances of that seem slim.
Turner said the typical mindset in US Attorney’s offices is to remain persistent and aggressive. That attitude has been particularly pronounced when it comes to Kelly.
“They love this guy a lot,” Turner said.
US attorneys’ offices also have unlimited resources, so the costs and time required for a trial will not deter them, he added.
Turner thought it was more likely that the state cases could be dropped, especially if Kelly is convicted in federal court in Chicago and given additional prison time.
“Their resources are much more limited. They would be spending money they don’t have,” she said. “They have murders and felonies to prosecute. They may ask, ‘Why spend (money and time) on Kelly when she’s already facing decades behind bars.'”
WHAT ELSE COULD DRIVE DECISIONS TO GO FORWARD WITH FURTHER TRIALS?
The possibility of the New York convictions being overturned is one factor. Kelly could be released immediately if Chicago state and federal prosecutors decide to drop their cases and New York’s convictions are overturned.
Prosecutors in different districts may view winning convictions and sentences as a guarantee that Kelly will remain behind bars, even if an appeals court ends up throwing out some convictions.
IS THERE A REASON FOR KELLY TO PLEAD GUILTY WITHOUT A TREAT?
Pleading guilty to the remaining charges would mean no more trials. It would reduce Kelly’s legal bills, which she has had trouble paying at times.
But Kelly would not be assured that prosecutors would not seek the harshest sentences possible.
Still, he might hope that by pleading guilty and accepting responsibility, judges would be more inclined to sentence him at the lower end of the guidelines.