R. Kelly’s attorneys have filed a motion for a new trial in his federal case in Chicago, alleging a key witness lied under oath about whether she planned to seek millions in restitution from the singer if he was convicted.
In the Saturday filing, Kelly attorney Jennifer Bonjean also argued that federal prosecutors were aware that the woman, who testified under the pseudonym “Jane,” had hired experts to help her seek $13 million in restitution from the singer when she said on the stand that she was noncommittal about her plans and prosecutors did not correct her.
“Jane’s testimony was not truthful when she claimed she was ‘undecided’ about whether she would seek restitution from the Defendant,” the motions states. “She knew full well she was seeking restitution in an extraordinary amount if Defendant was convicted. The government knew it too.”
The motion claims Kelly is owed a new trial because his rights were violated by Jane’s omission and because prosecutors did not correct her on the stand.
A lawyer for Jane did not immediately respond to a request for comment on the motion Saturday night.
Jane was a key witness against Kelly, including telling jurors the singer had video recorded his abuse of her, which she said started when she was 14.
One of those videos was later obtained by the Sun-Times, which turned it over to police. That tape led to child pornography charges against Kelly in state court in 2008.
Jane did not testify then and Kelly was ultimately acquitted.
After allegations about Kelly were launched back into the public sphere with the Lifetime docuseries “Surviving R. Kelly,” new charges were brought against Kelly in Cook County and in federal court in New York and Chicago.
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Kelly was convicted in 2021 in his New York case on racketeering charges and sentenced to 30 years in prison. He was convicted in Chicago for sexually abusing three girls and production of child pornography and is awaiting sentencing, which is expected to take place later this month.
Cook County State’s Attorney Kim Foxx dropped the state charges against Kelly last week, citing the likelihood he would be serving lengthy prison terms on the dual convictions.
During his federal trial last year in Chicago, jurors had to sit through graphic videos of Kelly abusing Jane, which she said happened “hundreds” of times.
During cross examination, a lawyer for Kelly asked Jane, “And you are seeking restitution or will seek restitution if he is convicted, correct?,” according to a transcript in the filing.
“I’m still undecided with that. No, that is not correct,” the transcript quotes Jane as responding.
The filing claims Jane had sought the services of Boston-based attorney Christopher L. Brown and retained experts to help her put together a restitution package on her behalf, citing documents turned over to Kelly’s attorneys by prosecutors on Friday that included an invoice from Brown.
The motion says that’s proof Jane “absolutely knew of her intent” when she testified she did not.
