Despite a motion from R. Kelly's defense attorneys asking to have the singer immediately released from solitary confinement, the government's attorneys say Kelly has actually been living with more than one cellmate for some time.
Citing a July 18 incident report, Assistant U.S. Attorney Angel Krull
detailed in a filing Friday that Kelly was previously in solitary confinement as a "result of his own choices" after he refused a cellmate.
"I was told I didn't have to take a cellie and I have too much going (on) to worry about the incident report," Kelly is quoted as saying in the report.
Kelly was then placed in a special housing unit known as the SHU at the Metropolitan Correctional Center (MMC) in Chicago, a highly restrictive floor with limited privileges.
The motion stated Kelly is currently not in solitary confinement and he has had more than one cellmate for a while, despite his initial refusal.
Kelly's attorneys said earlier this week that the R&B star was being "unconstitutionally punished and segregated from the rest of the prison population."
Attorney Steve Greenberg said Kelly is only allowed one visitor for each 90-day period, is not allowed any exercise or fresh air, is only allowed one telephone call lasting 15 minutes per month, is not allowed any television and can only purchase soap, other toiletries, and batteries for a small radio from the commissary. He is not allowed to purchase snacks or candy, Greenberg said.
Greenberg’s motion Thursday requests that the “court should consider the toll that solitary confinement” has on Kelly’s physical and mental health, saying “common sense counsels that anyone who is denied regular human contact and access to the outside will suffer severe consequences.”
U.S. District Judge Larry Leinenweber will rule on Kelly's defense attorneys' motions on Sept. 4.