By Sara Burnett and Michael Tarm
CHICAGO (AP) — R. Kelly, the R&B star who has been trailed for decades by allegations that he violated underage girls and women and held some as virtual slaves, was charged Friday with aggravated sexual abuse involving four victims, including at least three between the ages of 13 and 17.
In a brief appearance before reporters, Cook County State’s Attorney Kim Foxx announced the 10 counts against the 52-year-old Grammy winner, whose real name is Robert Kelly. She said the abuse dated back as far as 1998 and spanned more than a decade. She did not comment on the charges or take questions.
Kelly was driven to a Chicago police station in a dark colored van with heavily tinted rear windows around 8:15 p.m. Friday. He did not respond to questions from gathered reporters as he walked inside the building.
Police spokesman Anthony Guglielmi tweeted a short time later that Kelly was under arrest. He was expected to be held overnight before an appearance Saturday in bond court.
Kelly’s attorney, Steve Greenberg, told reporters following the singer’s arrest that one of the charges he faces appears to be tied to a decade-old child pornography case.
“Double jeopardy should bar that case,” Greenberg said. “He won that case.”
Kelly, who was acquitted of child pornography charges in 2008, has consistently denied any sexual misconduct.
Greenberg said he thinks prosecutors rushed to judgment Friday in charging Kelly, calling the singer “an innocent man.”
“Mr. Kelly is strong,” Greenberg added. “He’s got a lot of support and he’s going to be vindicated on all these charges.”
The arrest sets the stage for another #MeToo-era celebrity trial. Bill Cosby went to prison last year, and former Hollywood studio boss Harvey Weinstein is awaiting trial.
Best known for hits such as “I Believe I Can Fly,” Kelly was charged a week after Michael Avenatti, the attorney whose clients have included porn star Stormy Daniels, said he gave prosecutors new video evidence of the singer with an underage girl.
At a news conference earlier Friday in Chicago, Avenatti said a 14-year-old girl seen with R. Kelly on the video is among four victims mentioned in the indictment. He said the footage shows two separate scenes on two separate days at Kelly’s residence in the late 1990s.
During the video, both the victim and Kelly refer to her age 10 times, he said.
Avenatti said he represents six clients, including two victims, two parents and two people he describes as “knowing R. Kelly and being within his inner circle for the better part of 25 years.”
“I don’t know what the tape is,” Greenberg said of the video Avenatti gave prosecutors. “We haven’t seen it. No one’s showed us the tape.”
The new charges marked “a watershed moment,” Avenatti said, adding that he believes more than 10 other people associated with Kelly should be charged as “enablers” for helping with the assaults, transporting minors and covering up evidence.
The video surfaced during a 10-month investigation by Avenatti’s office. He told the AP that the person who provided the VHS tape knew both Kelly and the female in the video.
The jury in 2008 acquitted Kelly of child pornography charges that arose from a graphic video that prosecutors said showed him having sex with a girl as young as 13. He and the young woman allegedly seen with him denied they were in the 27-minute video, even though the picture quality was good and witnesses testified it was them, and she did not take the stand. Kelly could have gotten 15 years in prison.
Charging Kelly now for actions that occurred in the same time frame as the allegations from the 2008 trial suggests the accusers are cooperating this time and willing to testify.
Because the alleged victim 10 years ago denied that she was on the video and did not testify, the state’s attorney office had little recourse except to charge the lesser offense under Illinois law, child pornography, which required a lower standard of evidence.
Each count of the new charges carries up to seven years in prison. If Kelly is convicted on all 10 counts, a judge could decide that the sentences run one after the other — making it possible for him to receive up to 70 years behind bars. Probation is also an option under the statute.
Greenberg said he offered to sit down with prosecutors before charges were filed to discuss why the allegations were “baseless.” But they refused, he said.
“Unfortunately, they have succumbed to the court of public opinion, who’ve convicted him,” he said.
Legally and professionally, the walls began closing in on Kelly after the release of a BBC documentary about him last year and the multipart Lifetime documentary “Surviving R. Kelly,” which aired last month. Together they detailed allegations he was holding women against their will and running a “sex cult.”
#MeToo activists and a social media movement using the hashtag #MuteRKelly called on streaming services to drop Kelly’s music and promoters not to book any more concerts. Protesters demonstrated outside Kelly’s Chicago studio.
As recently as Thursday, two women held a news conference in New York to describe how Kelly picked them out of a crowd at a Baltimore after-party in the mid-1990s when they were underage. They said Kelly had sex with one of the teens when she was under the influence of marijuana and alcohol and could not consent.
Latresa Scaff and Rochelle Washington were joined by lawyer Gloria Allred when they told their story publicly for the first time.
In the indictment, the prosecution addressed the question of the statute of limitations, saying that even abuse that happened more than two decades ago falls within the charging window allowed under Illinois law. Victims typically have 20 years to report abuse, beginning when they turn 18.
The singer and songwriter, whose legal name is Robert Kelly, rose from poverty on Chicago’s South Side and has retained a sizable following. He has written numerous hits for himself and other artists, including Celine Dion, Michael Jackson and Lady Gaga. His collaborators have included Jay-Z and Usher.
Kelly broke into the R&B scene in 1993 with his first solo album, “12 Play,” which produced such popular sex-themed songs as “Bump N’ Grind” and “Your Body’s Callin’.”
Months after those successes, the then-27-year-old Kelly faced allegations he married 15-year-old Aaliyah, the R&B star who later died in a plane crash in the Bahamas. Kelly was the lead songwriter and producer of Aaliyah’s 1994 debut album.
Kelly and Aaliyah never confirmed the marriage, though Vibe magazine published a copy of the purported marriage license. Court documents later obtained by the Chicago Sun-Times showed Aaliyah admitted lying about her age on the license.
Jim DeRogatis, a longtime music critic for the Chicago Sun-Times, played a key role in drawing the attention of law enforcement to Kelly. In 2002, he received the sex tape in the mail that was central to Kelly’s 2008 trial. He turned it over to prosecutors. In 2017, DeRogatis wrote a story for BuzzFeed about the allegations Kelly was holding women against their will in Georgia.
Associated Press Writer Amanda Seitz contributed to this report.
More of The Associated Press’ coverage of the investigations into R. Kelly can be found at: https://www.apnews.com/RKelly .
To read stories of survivors of sexual abuse from the Birmingham Times, click one of the links below.