R. Kelly has rushed to court claiming his longtime friend has been blocked from visiting him in prison — and he desperately wants a judge to help out, RadarOnline.com has learned.
According to court documents obtained by RadarOnline.com, Kelly says he’s been trying to have his former business manager, Derrell McDavid, visit him at FCI Butner, the prison where the singer is presently housed.
The motion read, “Mr. McDavid and Mr. Kelly have maintained a longstanding friendship and business relationship spanning decades before Mr. Kelly’s incarceration.”
McDavid was a co-defendant in Kelly’s criminal case out of Illinois. Both were acquitted on each count in which they were jointly charged.
In the criminal case, McDavid was accused of helping coordinate hush money payments before the entertainer’s 2008 trial. On the stand, he testified that he followed lawyers’ advice at the time. In the end, he was found not guilty.
Despite the favorable verdict, Kelly’s lawyer claimed the Warden at FBI Butner had “declined the request, offering the reason that Mr. David was a co-defendant in Mr. Kelly’s criminal trial.”
Kelly’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.”
Kelly asked that McDavid be added to his visitor list immediately and they be allowed to meet. His lawyer added, “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.”
The attorney claimed, “FCI Butner’s determination is 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.”
Kelly said his friend had no history of violence and “his visitation poses no security concerns.”
