BROOKLYN, N.Y. (CN) — A federal judge excused three prospective jurors from the courthouse Monday when they raised their hands in response to her question whether anyone would have difficulty presuming R. Kelly innocent.
Next to go, during individual questioning, was a woman who told the judge that she had been a victim of sexual assault. Another woman was later sent home for the same reason, after saying the charges against Kelly reminded her of an experience she had as a child.
U.S. District Judge Ann Donnelly asked each juror if they would have a bias against exhibits or testimony depicting sex between people of the same gender. Kelly, 54, is accused of directing women to have sex with each other, including with his participation.
Prosecutors say Kelly took advantage of dozens of underage teens and young women who came to his concerts, roping them into a sex ring that persisted for decades. Opening arguments are expected to begin next week in Brooklyn, where Kelly faces a nine-count indictment that includes charges of kidnapping and coercion.
Though a recent submission from the government outlines new allegations that Kelly sexually abused two minor boys, the singer does not face new charges.
Hours before the jury-selection process began Monday, Kelly’s defense attorneys argued that Brooklyn federal court was the wrong venue for the matter.
Filed Monday morning, Kelly’s dismissal motion attempts to toss out charges alleging that Kelly concealed from victims that he had herpes.
The attorneys argued that the New York state public health law forbidding individuals from knowingly transmitting diseases like syphilis or gonorrhea, passed in 1943 and amended in 1946, does not apply to herpes, since genital herpes was not recognized as a separate condition until 1967.
The herpes allegations have wider implications, too, the attorneys wrote: "If the Court permits this statute to apply in this case there is no limit to the government's power to charge people with HIV of the same crime."
Kelly's attorneys also sought to dismiss certain racketeering counts as time-barred, as well as Mann Act, child pornography and reckless-endangerment charges.
Since the motion targets the only conduct that prosecutors say took place in the Eastern District of New York, Kelly's attorneys say the district would no longer be the appropriate venue if the motion succeeds.
With jurors already present in the courthouse and voir dire about to begin, Judge Donnelly chided the defense for raising such allegations at the eleventh hour.
“I feel like the time to do this was some time ago,” Donnelly told Kelly’s attorneys, noting that parties had already gone over some of the issues raised in the motion. She withheld her ruling on Monday, awaiting a response from the government.
Jurors are being kept anonymous and partially sequestered, meaning neither parties to the case nor the judge are privy to their names, work history or other personal details.
“I did this out of respect for your privacy,” Donnelly told the first group to be questioned, a process Donnelly is handling herself on an individual basis for each juror.
Donnelly listed the charges against Kelly, explained courtroom protocols during the Covid-19 pandemic, and gave general instructions, including that Kelly is presumed innocent and that indictments are mere accusations.
Sexual abuse allegations have followed Kelly for decades. In 2008, he was acquitted in Chicago on child pornography charges.
Ahead of Monday’s jury selection, jurors received questionnaires with questions about their knowledge of the accusations against Kelly — including those from his previous trial — and whether they could remain impartial in a case dealing with the sex abuse of minors.
One juror, for instance, apparently answered a question about the #MeToo movement by saying she does not believe women lie about being sexually assaulted.
Donnelly asked her whether it was out of the realm of possibility.
"I don't think it's impossible," the juror replied, but she said most women who say they were raped are telling the truth.
For jurors whose understanding of the law may come from TV or documentaries, Donnelly adjusted expectations.
“I did note from your questionnaires that many of you like to watch law shows on television,” Donnelly said to the first batch of jurors. “Obviously the law shows are entertainment. They wrap everything up in an hour. This is a little bit different.”
Jury selection will continue Tuesday.
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