R. Kelly attack by pen-wielding inmate leads attorney to ask for early release

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Judge denies R. Kelly bail on sex crime charges, ordering singer to remain in custody in Chicago

Prosecutors argued Kelly is a danger to the community, especially minors, and a flight risk.

R. Kelly’s attorney is seeking an early release for the singer after he was allegedly attacked in his sleep by a fellow inmate armed with a pen.

R. Kelly, 53, whose real name is Robert Kelly, is awaiting trial at the Metropolitan Correctional Center but his lawyer, Steven Greenberg, is seeking his immediate release given that a trial date cannot be set due to the COVID-19 pandemic and that he feels his client is clearly unsafe in the general population.

“Only in a Third World nation could somebody be held indefinitely, without the possibility of going to trial. It is un-American. It is illegal. Nowhere does the law authorize indefinite detention,” Greenberg wrote in a motion filed Monday that was obtained by Fox News.

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The attorney also sheds some light on Kelly’s recent attack, writing that the embattled musician was asleep in his cell when an inmate managed to get inside and began stomping on his head repeatedly. The documents allege that the inmate was armed with an ink pen that he planned to use to stab Kelly but was grabbed by others before he had the chance.

R. Kelly arrives at the Leighton Criminal Court building for an arraignment on sex-related felonies in Chicago on June 26, 2019.  (AP Photo/Amr Alfiky, File)

“This is an inmate that never should have been anywhere near Mr. Kelly,” Greenberg writes. “An individual who is charged with the most violent of crimes, and one who plainly has no respect for the rules, he has the phrase ‘Fu** The Feds’ tattooed on his face.”

It seems the reason that Kelly is the subject of outrage among the prison’s population stems from the fact that protests outside the prison calling for his release have caused it to go into lockdown several times, posing an inconvenience to every other inmate.

“To-date, there have been at least a half-dozen of these displays of support outside of the MCC, always peaceful,” Greenberg writes. “These unnecessary institutional lockdowns have needlessly promoted animosity toward Mr. Kelly. Notably, the institution does not go into lockdown during other violent, downtown protests or during citywide looting.”

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The Grammy Award-winning musician, 53, was jailed in July and is currently awaiting trial on racketeering, sexual misconduct and other charges in three jurisdictions. He has denied ever abusing anyone.

Greenberg notes in his motion that there are legitimate grounds to release Kelly to a home with his girlfriend that’s near the courthouse for whenever the trial is allowed to proceed. He would submit to electronic monitoring and therefore not be considered a flight risk nor a threat to the community.

R. Kelly's attorney filed a motion asking for his early release following an alleged attack. (Antonio Perez/Chicago Tribune via AP, Pool, File)

“Simply put, despite the present allegations, there indeed are conditions of release that can be readily fashioned for Mr. Kelly, an individual who has no previous convictions, that will eliminate nearly any alleged risk of flight or any purported danger to the community,” Greenberg concluded. “He can be confined to his home with electronic monitoring, given limited access to the internet, be barred from contact with minors, and monitored closely by Pretrial Services.”

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In April, a request by Kelly for early release due to coronavirus pandemic concerns was denied by a judge. However, Greenberg notes that circumstances have since changed.