R. Kelly Expected in Court on Multiple Sex Abuses Charges of Young Girls; Activists Pressuring Radio Stations, Concert Venues to Ban R. Kelly Music; R. Kelly Expected in Court on Multiple Sex Abuses Charges of Young Girls
DANA BASH, CNN ANCHOR: Welcome back. I'm Dana Bash. And you are looking at live shot right outside of the courthouse where embattled R&B singer, R. Kelly, is expected to appear in the court there and learn whether or not he can post bail following his arrest on multiple charges of sex abuse involving young girls. The accusations span from 1998 to 2010. And Kelly turned himself in last night hours after Chicago police issued an arrest warrant. The 52- year-old is accused of committing sexual act on four victims, including three under the age of 17. If convicted, he could face up to 70 years in prison. I want to get straight to CNN Sara Sidner, also at the courthouse where R. Kelly is set to appear. Sara, what can you tell us about today's hearing?</s>SARA SIDNER, CNN NATIONAL CORRESPONDENT: We just saw Steve Greenberg, the attorney for R. Kelly walk into the courtroom. We also saw Attorney Michael Avenatti, who says he represents six people involved in this case. He is in there now. We also saw something that a lot of folks weren't expecting to seal, and that was we saw at least one of the families of one of the girls, the family that was in the "Surviving R. Kelly" series that told the story of women who had come forward saying they were sexually abused when they were minors or physically abused as adults. The parents of one of those girls, the Clearry (ph) family, is here in court. They said they have not been able to get in touch with their daughter for many years. Extremely worried about her. They were in court and they believe she too will be here in court today. We are trying to confirm whether or not she is here. We know the Savidge (ph) family has been vocal as well. They were part of the documentary saying they too were concerned about their daughter. Now R. Kelly is arrested, there's concern where they are. We should mention this came about yesterday as the states attorney indicted -- grand jury indicted R. Kelly the states attorney charged him with 10 counts of aggravated sexual abuse pertaining to four women, three of whom under the age of 17, unable to consent. We also from R. Kelly attorney. Soon after he was arrested he came outside. As we were waiting to hear from him. Nothing directly from R. Kelly but his attorney has accused all of the women, and I'm talking all of the women from decades ago, accusing R. Kelly of inappropriate sexual behavior, he called them liars. When I asked him if he meant all of the women that came forward, he said all of the women. He went on to say they wanted something from Kelly they didn't get now they are persecuting him. Now I should also mention that the women have come forward very strongly saying they don't know about everybody's story but they certainly know about their own and they feel that it is R. Kelly who has been a liar in all this. So lots of barbs going back and forth. Many are African-American women who felt they weren't believed when they were telling their stories in the first place, many feeling victim-shamed, now they feel justice may finally be done. R. Kelly, for his part, has always maintained his innocence. He was acquitted in a 2008 trial where he was charged with 14 counts of child pornography. Now these are different counts he'll be facing. And the question he'll be facing is whether a judge will say, I can give you bond you can get out pending your trial, or as the states attorney has asked for, I'm going to keep you in custody until your trial. We'll wait and see what happens. We have folks in the court. I will be in the court as well. And we'll let you know what happens -- Dana?</s>BASH: Sara Sidner, we know you'll be all over it. We'll get back to you. Thank you so much. And with me to discuss is Renato Mariotti, a former federal prosecutor and is also a CNN legal analyst, and Caroline Polisi, federal and white-collar criminal defense attorney. Thank you so much for both of you for joining me. And, Renato, let me start with you. What do you expect to hear from them as they make their case R. Kelly shouldn't be allowed to be let out on bail?</s>RENATO MARIOTTI, CNN LEGAL ANALYST: Well, they'll be highlighting, Dana, one of the four charges, which is allegation that he engaged in sexual abuse while he was out on bond awaiting trial for abusing another minor many years ago. So that is, you know, very, very important to the court. Because really one of the things that the court is looking at, if not the most important thing, is will this individual, R. Kelly, respect the law and follow the conditions of release. Can he be counted on not to commit crimes while he's out on bond. And if he was out abusing woman while he was out on bond, that's obviously problematic. If I was a judge and had that allegation in front of me, I would be disinclined to release him.</s>BASH: And, Caroline, as a defense attorney, what do you make of R. Kelly's attorney making the argument bluntly, as a matter of factually, that every single person who is making an accusation against him is a liar?</s>CAROLINE POLISI, FEDERAL & WHITE-COLLAR CRIMINAL DEFENSE ATTORNEY: I think it was a pretty hard line approach. I don't know if it's one I myself personally would have taken. But it's obviously his right, his prerogative. Typically I would tell my clients certainly not to make mi statements to the press. I think perhaps it could be, oftentimes defendants want the attorney to come out with a strong statement. So there's always a little back and forth between the client and what the attorney wants. So who knows where that sentiment is actually coming from? I suspect it may have come from R. Kelly himself.</s>BASH: Is it a strategy that could backfire?</s>POLISIS: I mean, not necessarily. I don't think he could be held accountable for the statements. I don't think those statements are going to be attributed to R. Kelly, certainly not in the courtroom. But going to the point another aspect his defense attorneys are going to argue here, another aspect of factors that a judge will consider whether to allow the defendant out on bail is of course a flight risk, right. Bail is not intended to be punitive. It goes nothing to the heart of the issues at the case or whether or not there's evidence of guilt or innocence. But R. Kelly has shown up for court in the past. He's gone through this process in the past and she's showed up at court. And that's the point of bail. That's the point of a high bond, to ensure that the defendant shows up. So I'm guessing that's likely what the defense attorneys will argue here.</s>BASH: That's interesting point that they've experienced he's done that in terms of having experience and a record, rather, of not fleeing. Let me get back to you, Renato, on post bail hearing on the notion of these allegations. And 1998 to 2010, what challenges does that prevent, the fact that these are things that happened years ago to prosecutors in this case?</s>MARIOTTI: It's always a challenge to prove cases that happened quite some time ago, because witnesses' memories fade. The reality is jurors will be skeptical of memories people have from a long time ago. The problem for R. Kelly here is there's allegedly video evidence and photographic evidence that it will be hard for him to deny. I don't know. I haven't seen. I have seen some images that, you know, that were online, but I can't attest to the veracity of those. So I don't know for sure how good that video and photographic evidence is. One thing I will say, I do -- I am familiar with Kim Fox, who is the states attorney here and her office. They know that they are putting themselves out there on this prosecution. And they also know that R. Kelly beats the charges last time, 10 years ago.</s>BASH: Exactly.</s>MARIOTTI: So I mean, they know that they are going to be resting this on documentary evidence. I don't think that they would be bringing this case if it was a he said, she said. So this documentary evidence is really going to carry the day. I have to say, by the way, too</s>MARIOTTI: I'm sorry.</s>BASH: No, go ahead.</s>MARIOTTI: Dana, I was going to say in regard to the point that Caroline made, I agree with what she had to say. I will say I know Steve, the attorney for R. Kelly. He -- I was a little surprised he was chosen for this. It doesn't strike me as his strike zone, not exactly who I think a mega-millionaire would get this, this case.</s>BASH: Why?</s>MARIOTTI: He's not the highest-priced attorney, obviously not the attorney that handled this in the past for R. Kelly, although not necessarily available. But I would say that, you know, that strategy to me while I get that it won't be held against R. Kelly in court, the jury pool is going to be a lot of people who are watching clips on this on ill voice television.</s>BASH: Exactly.</s>MARIOTTI: I think that's going to turn off a lot of women on the jury. I'm a defense attorney now, and I don't try to call people liars unless I have to. I think that's a strong statement. Especially women who are victims who are claiming they are victimized. I think that's a very big mistake on his part.</s>BASH: Caroline?</s>POLISI: I don't disagree. Again, it's a fine line. And oftentimes you try to thread the needle between advocating for your client and doing what you think is in the best interests. You know, I will just say that to the video evidence, as Renato was saying, there was video evidence 10 years ago in the case that was brought in 2002. Took six years to try. If you watched the Lifetime "Surviving R. Kelly" documentary, I think there were real questions raised behind the scenes what was going on during that trial. And I agree that Kim Cook (sic) has to have some really strong evidence. Notably it looks like she has four witnesses that are Cooperating here. The crucial element in that last trial was that the alleged victim in that case was not cooperative. For whatever reason she was not willing to Cooperate with the prosecution. And that was just lethal to the prosecution's case.</s>BASH: That's the big difference between then and now.</s>POLISI: Huge difference.</s>POLISI: And Kim Cook (sic) came out openly after that documentary was released imploring members of the public to come forward with information if they had it if they were victims to come to the prosecutor's office and cooperate. So I think likely she's got some really dynamite evidence. Otherwise -- she knows all eyes are on her now. She knows she has to come forward strong and I this I she has this case in the bag.</s>BASH: Caroline Polisi and Renato Mariotti, thank you so much for that discussion. I appreciate it.</s>POLISI: Thank you.</s>BASH: And Michael Cohen crosses the president's red line. A new report details what Trump's former fixer told prosecutors about the Trump family business. That's next.