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Lawyer Seeks SCOTUS Review in Effort to Overturn R. Kelly's Convictions

 August 1, 2024

Musician R. Kelly's legal battle continues as his attorney files a petition with the United States Supreme Court to seek the reversal of his convictions for child pornography and enticing minors for sex.

The petition challenges the charges against Kelly based on the statute of limitations, arguing that alleged acts from many years ago should be time-barred, as People reports.

Attorney Seeks Supreme Court Intervention

Robert Sylvester Kelly, famously known as R. Kelly, is currently serving a 20-year prison sentence after he was convicted of possessing child pornography and enticing minors for sex. Kelly’s attorney, Jennifer Bonjean, is now attempting to have these convictions overturned by bringing the case to the United States Supreme Court.

Kelly, who is now 57, received this sentence in February 2023. This followed a prior sentence in June 2022, in which he was handed a 30-year sentence for racketeering and sex trafficking charges.

Given that 19 years of these sentences will be served concurrently, Kelly's anticipated release date is set for 2045.

Petition Filed to Argue Statute of Limitations

Bonjean filed the petition for review on Thursday, July 25. Her main argument revolves around the statute of limitations relating to the charges. The petition asserts that Kelly’s alleged acts occurred decades ago and should not be prosecuted under the current statute of limitations.

The accusations against Kelly initially emerged in 2020. They detailed that he possessed child pornography and engaged in sexual activities with underage girls, stretching back to the mid to late-1990s.

Prosecutors countered these claims by highlighting the PROTECT ACT, a law enacted in 2003. This legislation extends the statute of limitations indefinitely for sex crimes against children.

Argument Over Retroactive Application of Law

Bonjean’s petition presents a key argument against the use of the PROTECT ACT in this case. It states that Congress did not clearly make the PROTECT ACT retroactive. Therefore, applying it to crimes committed before 2003, such as those Kelly is accused of, is not legally sound.

“Because Congress did not expressly state that the PROTECT Act should apply retroactively and even rejected a version of the bill that included a retroactive provision, the PROTECT Act did not extend the statute of limitations and Defendant was convicted of time-barred offenses,” read the petition.

The petition emphasizes that since the acts in question happened well before the PROTECT ACT was passed, they should not be judged under its provisions.

Kelly's Legal Journey and Implications

R. Kelly's legal issues have been long-standing, with multiple accusations and legal proceedings spanning over two decades. His attorney's latest move to appeal to the Supreme Court is a significant step in his defense strategy.

While the Supreme Court has the authority to review the case, it is not obligated to do so. This step could potentially reset the legal course if the Court decides to hear the case and rule in Kelly’s favor.

The outcome of this petition could have far-reaching implications, not only for Kelly but also for future cases involving the statute of limitations for sex crimes against minors.

Potential Impact on Legislation and Legal Precedent

Bonjean's argument brings attention to the broader issue of how laws are applied retrospectively. If successful, this case could prompt legislative review and potential revisions of how the statute of limitations is enforced.

Kelly's situation underscores the complexity and continuity of law enforcement in cases involving historical crimes. The final decision from the Supreme Court will be awaited with keen interest from both legal experts and the general public.

As of now, R. Kelly remains incarcerated, with a substantial portion of his life sentenced to be spent behind bars unless significant legal changes occur in his favor.

Conclusion

R. Kelly's attorney has filed a petition with the Supreme Court seeking to overturn Kelly’s convictions for child pornography and enticing minors for sex, based on the statute of limitations.

The petition argues that the charges are time-barred and the PROTECT ACT does not apply retroactively.

As Kelly remains in prison with a projected release in 2045, the outcome of this legal maneuver could be pivotal in determining his future and setting legal precedents.