Disinfectant and even soap are hard to come by at the Metropolitan Correctional Center, with the majority of its 700 inmates being held in small two-man cells that make the kind of social estrangement required to thwart COVID-19 transmission impossible. at the United States District Court in Chicago he says.
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Kelly, 53, faces several dozen charges of sexual misconduct at the state and federal levels in Illinois, Minnesota and New York, from sexual assault to leading an organized crime plan aimed at providing her with girls. The Grammy-winning singer has denied abusing someone.
While the MCC banned most visitors on March 13, there are few detectable protocols for evaluating lawyers, guards and new detainees still entering the facility to verify if they may be infected, according to the document.
The visiting floor has disinfectant, but a sign next to the available individual bottle says: "PERSONAL ONLY,quot;; and a bathroom on the same floor is often soap-free, according to the presentation.
"Mr. Kelly's health risk, due to his age and existing health problems, especially considering conditions at the MTC, requires his release on bail," he says.
Thursday's 18-page presentation did not describe Kelly's health problems, but said she was in the category of people described as high-risk by the Centers for Disease Control and Prevention.
"The courts have long recognized that there is no greater need than to keep a defendant alive, regardless of the charge," the filing says.
For most people, the virus causes mild or moderate symptoms, such as fever and cough, that disappear within two to three weeks. For some, especially older adults and people with existing health problems, it can cause more serious illnesses, including pneumonia.
If Kelly is released, he would live with his girlfriend, Joycelyn Savage, in a loft apartment in Chicago and could stay home with an electronic monitor, according to the document. His Chicago trial date is October 13.
The judge in his federal case in New York also ordered Kelly to be detained while awaiting trial, so Kelly's attorneys would also have to persuade that judge to post bail for him before he can be released in Chicago.
Federal charges in Chicago accuse Kelly of filming himself having sex with underage girls and of paying potential witnesses at his 2008 trial, in which he was acquitted, to change their stories.
The Chicago federal court has delayed civil and criminal proceedings to allow judges and staff to work from home amid the coronavirus outbreak. It continues to hold hearings deemed urgent, some of which may be conducted by phone or video broadcast.
A message seeking comment was not returned to the US Attorney's office in Chicago. Prosecutors generally do not comment on pending criminal cases.
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