Both Harvey Weinstein and R. Kelly have filed motions with the court for temporary release during the coronavirus outbreak citing health hazards. Weinstein and Kelly are both older with Weinstein being the more vulnerable of the two due to a recent surgery and more advanced age. Both were denied bail by the courts.
But can others be expected to get their bail denied during the COVID-19 outbreak?
The Virus is a Problem for Prisons
R. Kelly has been denied a request to seek release from jail during the coronavirus outbreak. The disgraced singer’s attorneys filed a request for bond with the U.S. District Court in Chicago. Attorneys for Kelly claimed that because of his advanced age (53) he was at high risk of contracting and suffering severe symptoms of the coronavirus. Kelly’s attorneys also stated that hand sanitizer and soap are difficult to find at the present moment and that inmates are kept in small cells and are not practicing social distancing.
Nonetheless, the court rejected Kelly’s request and the embattled pop star is not elderly enough to be considered in the high-risk group. Kelly had also undergone a recent surgery for a hernia, but the court ruled that it did not place him in a substantially higher risk group than others. Lastly, federal authorities reported that the prison has enough soap and hand sanitizer for everyone. The final nail in the coffin was that there were no reports of the virus among inmates.
Prosecutors Cite Kelly as a Flight Risk
Federal agents have seized 100 electronic devices after executing a search warrant of R. Kelly’s property. The seizure has resulted in a postponement of R. Kelly’s trial while investigators and prosecutors determine whether or not there is any new information that can potentially be used to charge Kelly with more crimes.
The information came out during a routine arraignment during which Kelly was being charged with abusing a minor victim over the course of four years beginning in 1997.
The trial had been set for April 27 but is now likely to be postponed while investigators determine whether or not there is anything actionable on the iPads, cell phones, and other electronic devices found in the raid.
Well, in case you have not heard, and you would have to be living under a rock not to, Harvey Weinstein, the impetus for the #MeToo movement was convicted on two charges, including rape. Weinstein appeared old and battered as he painfully moved through the courtroom with the help of his walker to receive his sentence.
While the conviction is chewing up all the headlines, Weinstein was also acquitted of two more serious charges. Nonetheless, he could face up to 29 years in prison. At 67 years of age, that is practically a life sentence.
Weinstein was acquitted of two counts of predatory sexual assault, each of which could have carried a life sentence. Those counts hinged on the testimony of popular Italian-American actress Annabella Sciorra, who told the jury that Weinstein had barged his way into her apartment and forcibly raped her. The testimony was supposed to provide evidence of a pattern of sexual misconduct going back several years.
Both sides finished their closing arguments and the jury began deliberating on the fate of Harvey Weinstein, the once-powerful movie producer who has been implicated in hundreds of accusations of predatory sexual abuse. The judge delivered instructions to jurors to “use their common sense” which is generally good for prosecutors and bad for defendants, as common sense has a way of siding with authority in these matters. However, in this case, the judge’s directives may have echoed the closing arguments of Weinstein’s lawyer Donna Rotunno, who specializes in sexual assault criminal defense.
Nonetheless, jurors sent a note asking for the legal definition of consent and forcible compulsion and questioned why Weinstein was not charged in connection with the alleged rape of actress Annabella Sciorra.
Further instructions stipulated that jurors who found Weinstein not guilty of one count must find him not guilty of other counts, as well. The judge defined forcible sexual intercourse and predatory sexual assault, among other terms, for the jurors.
Rufus Carson chose to reject a plea deal that would have lifted the burden of a trial for his victim, a Polish teenager who must now return to the U.S. to testify against him. Carson faces felony charges of aggravated criminal sexual assault, aggravated kidnapping, and attempted first-degree murder. Carson rejected a plea that offered him a 30-year prison sentence. As it stands, he may face life imprisonment for the litany of crimes he committed against this one victim. He will go to trial in March.
The victim and her family had hoped that Carson would take the plea deal because this would have prevented her from having to come back to the place where she was assaulted and face the man accused of assaulting her. It is more than likely that the prosecution will ask her details concerning the assault, forcing her to relive the event.
Carson Stalls for Time
Bruce Lindahl has been linked to the 1976 murder of a Woodridge teenager and is a suspect in 12 murders and nine rapes. The one thing that Lindahl has going in his favor, however, is that he is already dead. Lindahl died in 1981 before DNA technology would be combined with databases to help route out serial murderers and rapists. To date, several tips have been phoned in concerning Lindahl, and more are expected.
Investigators believe that Lindahl committed at least nine murders and there is a high chance that he may be linked to three others. Of the rapes, several of his victims have died, but there are also some who are still alive.
The case of 16-year-old Pamela Maurer was cold for over 40 years before police used a “new kind of DNA analysis” to link Lindahl to the murder. This same method was used to identify the “Golden State Killer” who authorities believe is responsible for several murders and rapes in California.
A self-proclaimed madam is on trial for prostitution charges and may be in more trouble still after posting an ad online at sexyjobs.com. The ad promised an extraordinary opportunity to work at a Chicago-based “members only” club. In the ad, she describes the “Premier Playhouse” as a kink-friendly place that has been providing “legal fun” for “over ten years.” Now, federal prosecutors want her jailed while she is awaiting trial on charges that she set up a bawdy house right here in Chicago.
No-fun prosecutors allege that 31-year-old Jessica Nesbitt (aka: Madame Priscilla Belle) set up a house of prostitution, conspired to commit prostitution, and illegally structured bank withdrawals to evade reporting requirements.
Madame Priscilla has pleaded not guilty to all charges and has since been released on a $250,000 bond. As part of the bond release, she was restricted from doing any business through her company, Kink Extraordinaire. Nor is she allowed to have any contact with her former employees. Prosecutors have asked the federal judge to revoke Madame Priscilla’s bond.
A Wheeling School District middle school teacher is facing charges of possession of child pornography, dissemination of child pornography, and unlawful video recording. Each of these is a felony. The Illinois State Attorney General’s office released a statement concerning Scott Pollack (45) of Lake in the Hills. Pollack’s residence was searched and the search uncovered evidence of alleged child pornography.
If convicted, Pollack would face a mandatory minimum sentence of 54 years behind bars. Below, we will take a look at each of the charges.
Possession of Child Pornography
The man whose conduct lit the fire that set off the #MeToo movement will stand trial in Manhattan facing five charges relating to sex crimes. Harvey Weinstein has been accused by over 80 women of sexual misconduct and the trial promises to be a historic indictment of Hollywood culture and even American culture.
Weinstein will face a litany of witnesses who will testify before the court and recount sexual misconduct before a jury. Some of these women will be recounting experiences from uncharged sex crimes while others will act as witnesses for crimes that have been charged. In this respect, it is similar to the strategy used by prosecutors to convict Bill Cosby of multiple counts of rape and sexual assault.
Weinstein has maintained his innocence.
Chicago Criminal Lawyer Blog