(Photo by Mike Pont/Getty Images)
Chalk this one up to probably a case of “coulda not shoulda.”
R. Kelly is currently locked up pending trial and is only allowed visits from “one unrelated person.” His lawyer, Steven Greenberg, has filed a motion objecting to these conditions noting that under these rules, Kelly can only be visited by one girlfriend despite the fact that he had two living with him at the time of his arrest.
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Let’s think about the wisdom of this move.
Academically, it’s problematic that the justice system is telling an incarcerated defendant that he must be cut off from the people closest to him. To the extent these rules stem from some cookie cutter nuclear family biases that presume polyamorous relationships “don’t count” that’s unfair and should not be permitted to stand. In a sense, this motion is an effort to strike a blow for prisoners often subjected to discrimination based on biases that no one would tolerate if they weren’t happening under the shroud of the prison system. The detained are still human beings and should have access to those their loved ones regardless of how unconventional the relationship.
On the other hand… maybe when a guy is accused of running a sex slavery ring, you dial back on demanding that he should have access to more of his multiple girlfriends, right? Especially amidst allegations of attempted tampering, arguing that he needs more time to interface with women he’s accused of holding in cult-like conditions could backfire at trial. Perhaps the logic is that this shows how truly dedicated and smitten everyone involved is for each other, but that’s a generous reading that might not translate to everyone else.
What do you all think of this strategy?
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Lawyer Complains Only One Girlfriend Can Visit R. Kelly [Newser]
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.