The disgraced RB singer did score one minor legal victory involving the cost of herpes medication tied to one of his victims.
The Second Circuit Court of Appeals upheld the bulk of the 2021 verdict against R. Kelly, affirming his conviction on nine counts, including racketeering and multiple violations of the Mann Act.
The court found that prosecutors presented sufficient evidence that R. Kelly used his celebrity status to manipulate and sexually exploit underage girls and young women for more than two decades.
Kelly’s legal team had challenged the verdict on several fronts, arguing that the evidence was lacking, jurors were biased and his trial attorneys failed him during jury selection.
He also claimed the federal charges were based on unconstitutional applications of state laws.
The three-judge panel rejected all of those arguments.
The court also dismissed Kelly’s claims of juror misconduct and ineffective counsel, saying there was no credible proof that any juror was prejudiced or that his attorneys performed below professional standards.
Kelly also objected to the seizure of funds from his prison commissary account and the restitution orders issued by the trial court.
The appeals court ruled that the lower court acted within its discretion.
But Judge Richard Sullivan, while agreeing with most of the ruling, dissented on one narrow issue: the restitution amount awarded to a victim referred to as Jane, who contracted herpes from Kelly.
The trial court had calculated her restitution based on the cost of brand-name Valtrex, which runs $421.29 for a 30-day supply and totals $270,466.18 over a lifetime.
Sullivan argued that the court should have used the cost of the generic version, valacyclovir, which costs just $15.31 per month or $9,829.02 over a lifetime.
He noted that the court used the generic price when calculating restitution for another victim, Stephanie.
He warned the higher restitution could result in a “windfall” of more than $260,000 if Jane opted for the cheaper drug.
Sullivan recommended vacating Jane’s restitution award and sending it back to the district court to either justify using the brand-name price or adjust the amount.
The original trial featured disturbing testimony from multiple victims, including Jane, Stephanie and the late singer Aaliyah, who was allegedly married to Kelly at age 15 after he believed she was pregnant.
Other victims described being isolated, abused, and forced to follow strict rules while under Kelly’s control.
Prosecutors said Kelly’s entourage — including managers, assistants and drivers — helped him recruit and groom victims, often at concerts or public events.
They arranged travel for minors, concealed their ages and enforced Kelly’s rules, including punishing those who disobeyed.
R. Kelly remains incarcerated following his 2021 conviction in New York, which landed him 30 years in prison.
Monday’s ruling leaves his conviction intact, though the restitution amount for Jane may be reconsidered.
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