A report from the prison bureau says a prison official ordered the attacker to stop and insert pepper spray.
Kelly’s attorneys claim that the video shows the attacker “roaming a great distance within the MCC before performing that act without any resistance. It is undisputed that Mr. Kelly has suffered significant physical and mental damage as a result.”
CNN has not received this videotape.
“There is still an unresolved question as to whether MCC staff encouraged and then allowed a beating of Mr. Kelly to take place,” wrote Michael Leonard, an attorney for R. Kelly. “It alone deserves an evidentiary hearing.”
Both the Federal Bureau of Prisons and the U.S. Attorney̵
In early September, the attacker identified himself at a court that filed Jeremiah Farmer, writing that he had “physically beaten Mr. Kelly in a [sic] attempts to throw the media’s focus “on his own case.
An employee identified as “D. Szyhowski” was trying to meet with Farmer “when he left office against my (Szyhowski’s) order to stay,” according to a September Bureau of Prisons report attached to the September filing.
Szyhowski wrote that he observed Farmer entering a section “outside boundaries” that was not his when he heard a disturbance from a nearby cell. Farmer appeared to be on top of Kelly, Szyhowski wrote, “the inmate Kelly repeatedly stabbed in the head and torso.”
Szyhowski wrote that he ordered to “stop the attack” before using his pepper spray. Thereafter, “the inmate Farmer ceased the assault and responded to orders from the officer to leave the cell.”
Kelly was indicted on federal charges in Illinois of child pornography and conspiracy to obstruct justice as well as state charges of aggravated sexual abuse.
He also faces federal charges in New York, including dismissal and violations of the Mann Act, which prohibits human trafficking for prostitution or sexual activity.
The allegations Kelly faces stem from activity that prosecutors say took place over two decades in New York, Connecticut, Illinois and California.
He has pleaded guilty to all charges. Kelly’s legal team has argued for his release at least six times since he was taken into federal custody in July 2019.
CNN’s Amir Vera contributed to this report.