A report by the Bureau of Prisons says a prison employee ordered the attacker to stop and distribute pepper spray.
Kelly’s attorneys who are shown in the video claim the attacker “wandered a distance inside the MCC before committing that act, without any opposition. It is not disputed that, as a result, Mr. Kelly suffered significant physical and psychological harm. ”
CNN did not capture this videotape.
“An unresolved issue remains if MCC personnel urge, and then allow, a beating of Mr. Kelly to take place,” wrote Michael Leonard, an attorney for R. Kelly. “That alone deserves a clear hearing.”
Both the Federal Bureau of Prisons and the United States Attorney̵7;s Office for the Northern District of Illinois rejected CNN’s requests for comment on Friday.
In early September, the attacker identified himself in a court filing as Jeremiah Farmer, and wrote that “he beat Mr. Kelly in a [sic] attempt to shed the media spotlight “in his own case.
An employee identified as “D. Szyhowski” attempted to meet with Farmer “when he left the office against my (Szyhowski’s) order to stay,” according to the Federal Bureau of Prisons incident report attached to the filing in September.
Szyhowski wrote that he observed Farmer’s head in a section “outside the border” that he did not have when he heard a commotion coming from a nearby cell. The farmer appeared to be on top of Kelly, Szyhowski wrote, “punching inmate Kelly repeatedly in the head and body.”
Szyhowski wrote he gave an order to “stop the attack” before deploying his pepper spray. After that “the Farmer prisoner then stopped the attack and responded to orders from the officer who exited the cell.”
Kelly has been charged with federal fines in Illinois for child pornography and conspiracy to obstruct justice, as well as state charges of aggravated criminal sexual abuse.
He also faces federal charges in New York including racketeering and violations of the Mann Act, which prohibits trafficking for prostitution or sexual activity.
The charges Kelly is facing stem from activity the prosecutors said took place over two decades in New York, Connecticut, Illinois and California.
He pleaded not guilty to all charges. Kelly’s legal team has been arguing for his release at least six times since he was arrested in federal custody in July 2019.
CNN’s Amir Vera contributed to this report.