Judge Unswayed by R. Kelly’s Plea for Help Getting His Friend on Prison Visitor List After Issues With Warden
July 27 2023, Published 12:00 p.m. ET
R. Kelly was shut down in his attempt to convince a federal judge to help him after having issues getting his longtime friend on his prison visitor list, RadarOnline.com has learned.
According to court documents obtained by RadarOnline.com, the Illinois federal judge presiding over Kelly’s criminal case denied the disgraced singer’s motion.
The court order provided no explanation for the decision.
As we first reported, earlier this week, Kelly claimed his former business manager, Derrel McDavid, was being blocked from seeing him at FCI Butner, the prison where the entertainer is incarcerated.
McDavid was a co-defendant in Kelly’s criminal case but was acquitted of all charges. He played a role in arranging for hush money payments to be made. In court, he testified that he was simply following the instructions of lawyers that had been hired.
Despite being found not guilty, Kelly claimed the Warden at his prison had “declined the request” to visit from McDavid. The reasoning provided was McDavid was charged with Kelly in the criminal case.
In court documents, the singer’s lawyer argued, "FCI Butner’s denial of visitation was inconsistent with Bureau of Prison (“BOP”) regulations and policies, patently unreasonable, and advanced no legitimate penological interest.”
“There were NO convictions on the counts in which Mr. McDavid and Mr. Kelly were charged together. Indeed, the Constitution creates a right in all criminal defendants to have their guilt decided by a jury, not a prison warden,” his lawyer added.
Kelly’ attorney accused the warden’s determination of being, “patently unreasonable, capricious, and inconsistent with the directives and policies of the federal regulations. There is absolutely no risk—let alone a reasonable one—that a visitation by Mr. McDavid would create a threat to the security and good order of the FCI Butner.”
The convicted criminal said his friend posed no security concerns for the prison. He argued that “there is absolutely no risk—let alone a reasonable one.”
“He is a citizen who has been fully exonerated of the charges brought against him. And that exoneration means something. There is absolutely no legitimate penological reason for FCI Butner to refuse the visitation of Mr. Kelly’s decades-long friend and associate,” Kelly’s motion read.
The judge’s decision means Kelly’s friend will continue to be restricted from seeing him.