Lawyer says R. Kelly facing ‘cruel and unusual punishment’ because of celebrity status

R. Kelly’s lawyer wants a judge to order the Federal Bureau of Prisons to let the singer out of solitary confinement, arguing the R & B singer is being subjected to “cruel and unusual punishment” in part because of his celebrity status.

Prison officials pointed to Kelly’s “alleged offense and notoriety” as a reason to keep him in the Special Housing Unit inside Chicago’s Metropolitan Correctional Center, according to a motion filed Thursday by attorney Steve Greenberg.

But Greenberg said Kelly is on the facility’s most restrictive floor— “where inmates go to be punished” — despite not violating the facility’s rules. He’s been held there since his July 11 arrest, with the exception of a trip in federal custody to New York for arraignment on charges there, Greenberg said.

The assignment means Kelly has “no meaningful interaction with other humans,” can’t go outside and can’t watch TV, according to Greenberg. His motion notes Kelly “has extremely limited literacy,” so documents must be read to him. There is no table in the meeting room, so records must be kept on an attorney’s lap or the floor.

“Given that Mr. Kelly is cuffed during these visits, and there is no table, it is impossible for counsel to review documents with him and write notes,” Greenberg wrote.

U.S. District Judge Harry Leinenweber ordered Kelly held in custody after his arrest in July. Kelly faces a combined 18 counts in federal indictments in Chicago and Brooklyn. He could go to prison for as many as 195 years for the Chicago case alone. Out east, he faces decades more.

Leinenweber’s detention order significantly decreased the chances of Kelly ever walking free again.

In Chicago, Kelly faces 13 counts revolving around child pornography, enticing a minor into illegal sexual activity, and a conspiracy to obstruct justice — alleging Kelly thwarted his state court prosecution a decade ago with threats, gifts and six-figure payoffs.

The Chicago indictment describes alleged behind-the-scenes maneuvering designed to protect Kelly during the state court prosecution. It says Kelly and others intimidated the alleged victim and her parents into lying to police and a grand jury. They also allegedly paid hundreds of thousands of dollars as they tried to track down tapes of Kelly having sex with minors before prosecutors found them.

Nevertheless, federal prosecutors in Chicago have said they have three Kelly sex tapes in their possession and can present evidence of a fourth.