R. Kelly Wants Some Charges Dropped in Federal Case ... Herpes Doesn't Count!!!
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R. Kelly is trying to score a win in his federal sex crimes case by citing public health laws in order to get the herpes-related charges tossed.
The singer's filed new legal docs in the Eastern District of NY, obtained by TMZ, asking the court to throw out charges for knowingly exposing sexual partners to herpes because ... he says the legislature didn't include herpes in the law because it's "Not An Acute, Bacterial Venereal Disease."
You might recall, federal prosecutors accused Kelly of exposing 2 people to an STD in March 2020, and the charges were tacked on to his already long list of federal charges for allegedly sexually exploiting underage girls and young women.
According to the new docs, however ... Kelly's legal team claims herpes does not fall under the umbrella of STDs -- like syphilis or gonorrhea -- based on how the term has been defined by the New York State Dept. of Health and the World Health Organization.
He points out those orgs classify herpes as a virus, not a bacterial venereal disease -- and therefore, he wants the herpes-related counts dismissed.
As we've reported ... Kelly's also gearing up for his criminal trial in Chicago, and dealing with the recently added allegations that he groomed and molested a 17-year-old male he met at McDonald's.
So, there's a lot on his plate.
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Talib Kweli Wages Divorce War with DJ Eque ... w/ Property, $ on the Line
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Talib Kweli and DJ Eque have a huge sticking point in their ongoing divorce battle ... and whatever the judge decides will have a significant impact on who gets what.
According to new legal docs, obtained by TMZ, Talib's big issue is the date of separation. He claims they separated on October 20, 2015, after he moved out of the home they shared.
Problem is ... Kweli says Eque's claiming July 10, 2020 as the date of separation. So, why the big stink over the dates? He thinks she's trying to make it look like the marriage lasted longer to get more money and property from the divorce. They got married in May 2009 and she filed for divorce in February.
Kweli claims after moving to NY he never revisited the marriage. He claims they stopped talking, had no further sexual relations, never exchanged birthday/anniversary cards, sent no gifts, never shared a meal together and he never shared a marital home again.
Kweli says he believed this was a clear indication they were separated. What's more ... he says he moved out because she was aggressive and violent toward him.
He claims her argumentative behavior created an unhealthy and suffocating environment. And, get this ... Kweli says he allowed her to stay at one of his houses in L.A. and supported her financially for 5-plus years ... "exceeding any legal obligation to avoid confrontation."
What's more ... Kweli says he never charged her rent. And, when he sold the house, he says he let her keep the profit -- around $30k -- hoping the money would help her to relocate.
Kweli says instead ... Eque asked for spousal support. He says he agreed to pay her $2k per month, but wants the judge to figure out their actual date of separation before moving forward with the rest of the divorce.
A hearing has been set for November.
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Mally Mall Postpone My Prison Sentence, Please ... I Have Health Issues
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Mally Mall's slated to begin his 33-month prison term next week, but he'd like a little more time before he has to check in ... because he says he needs to undergo a medical procedure first.
According to new legal docs, obtained by TMZ ... the hip-hop producer -- who pled guilty in late 2019 to running an illegal prostitution service out of Las Vegas -- has discovered a mass on his thigh that will require a CT scan and biopsy to determine if it's cancerous.
Mall says the mass will need to be removed in the next month or so whether it's malignant or not, so he's asking the judge to push his August 13 date to surrender to the Bureau of Prisons back 3 months ... to November 12.
There's more though -- according to the docs ... after Mall received his 33-month sentence in May, he was designated to serve his time in a medium-security facility, which he calls "unexpected."
So, along with using the next 3 months to resolve medical issues ... Mall also says he needs some extra time to seek a potential re-designation to another prison.
The judge has not yet made a decision ... stay tuned.
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Tank on Mass Catalog Release I Know Aaliyah's Fam is Mad But This is a Happy Time For Me!!!
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Tank is ecstatic that his early tunes are finally seeing the light of day, officially, alongside Aaliyah's catalog ... this in spite of the drama behind the scenes.
The R&B crooner broke down what this moment means for him Saturday morning when we ran into him at LAX, and he said it quite succinctly ... not only is this a re-introduction to fans (new and old) but it's also an opportunity to make up for lost time ... financially.
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Check out his response ... Tank makes no bones about the fact that he's missed out on a lot of dough over the years considering his first 3 albums weren't streaming or on digital platforms. He's not sour over it, but notes a wrong is finally being righted ... and he's glad.
As for Aaliyah's music, and her family's apparent opposition to it being released without their blessing ... Tank says he understands, but that it's perhaps a blessing in disguise -- as he notes, as so many others have, that a whole new generation will get to know her anew.
That acrimony aside, Tank's just happy people will finally get schooled on late '90s/early 2000s R&B ... a chapter from which he DID exist pre-2010 -- and cranked out great music.
Strap in, kids ... time for a little 'Force of Nature' in your lives.
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Kool & The gang Sax Player Dennis Thomas Dead at 70
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Dennis "D.T." Thomas -- Kool & The Gang's longtime saxophone player -- has died.
The band announced the news Saturday, saying he passed away peacefully at his home in New Jersey. No cause of death was revealed.
They had kind words for their dear friend, though, writing ... "An original member of Kool & The Gang, Dennis was known as the quintessential cool cat in the group, loved for his hip clothes and hats, and his laid-back demeanor."
K&TG added this ... "A huge personality while also an extremely private person, Dennis was the alto saxophone player, flutist, percussionist as well as master of ceremonies at the band’s shows." They went on to discuss some of his greatest moments with Kool and co., including his prologue solo on their '71 hit "Who's Gonna Take the Weight."
Another fun fact -- the dude was actually their stylist, so says the band. Apparently, he crunched numbers for them too -- they say, "In the band’s early days, Dennis also served as the 'budget hawk,' carrying the group’s earnings in a paper bag in the bell of his horn."
Like they mentioned, Dennis was a founding member ... having helped form the band in the '60s, and staying with them ever since. He's been along for the ride through five decades plus.
D.T. was one of three founding members still alive before today -- now, there are only 2. He was 70.
RIP
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Digital Underground's Shock G Oakland To Honor Him W/ Celebration ... Good Deeds, Good Music
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Shock G is being honored with a celebration of life in Oakland ... there's a day-long tribute coming up full of good deeds and good tunes.
Shock G's longtime manager, Atron Gregory, tells TMZ ... Oakland is celebrating the Digital Underground star with a city-wide event August 21, and the day kicks off with the late rapper's family and friends feeding about 2,000 unhoused community members.
We're told the late Shock had a passion for supporting those who have a hard time supporting themselves, and organizers wanted to honor his legacy by giving back.
From there, we're told there will be a motorcade traveling through Oakland en route to City Hall, which will play host to a Shock G tribute featuring live music, performances and speakers.
The celebration will wrap up with an afterparty at The New Parish in Oakland, with several DJs spinning tunes.
TMZ broke the story ... Shock G was found dead in a Tampa hotel room back in April from an accidental overdose.
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Since his death, we're told surviving members of Digital Underground -- which was founded in Oakland -- and other musicians close to the group banded together to organize a celebration for Shock in Oakland ... working with Oakland City Council members and non-profits in the city to make it happen.
We're also told event organizers within Digital Underground got support and approval from Shock G's family.
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Nicki Minaj's Husband Strikes Plea Deal For Failing to Register as Sex Offender
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Nicki Minaj's husband is taking a plea deal that could seriously lighten his punishment for failing to register as a sex offender in California ... TMZ has learned.
According to docs filed by federal prosecutors ... Kenneth Petty has agreed to plead guilty to one count of failing to register, and in return, the feds say they will seek a sentence at the low end of the guidelines.
The judge will ultimately determine exactly what Petty gets, but in the docs -- obtained by TMZ -- the feds note the mandatory minimum sentence is 5 years of supervised release.
If you're wondering why Petty took the deal ... consider that the maximum sentence he could have faced is 10 years in prison with a lifetime of supervised release. He still might end up getting some time behind bars depending on how the judge weighs Petty's criminal history.
You'll recall, Petty was charged back in March 2020. He had moved to Cali with Nicki the previous year, and the feds said he never registered with local authorities as a sex offender -- something he was required to do because of a 1995 conviction in NY for first-degree attempted rape.
As we reported, having the federal case hanging over his head meant Kenneth had to get the court's permission to be present when Nicki gave birth to their first child last year.
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Brian Littrell Britney's Under a Microscope ... Can't Afford Social Media Slip-Ups!!!
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5:28 PM PT -- Maybe someone around her, or Britney herself, agrees with Brian's point of view ... Friday she deleted 3 of her 4 IG posts from the previous day. Gone are her iPad announcement, her koi pond plans and her dancing/twirling video.
Backstreet Boys singer Brian Littrell is suggesting Britney Spears be wary about what she throws up on her social media, because this is a very precarious time for her ... a clear reference to her conservatorship battle.
ICYMI, Britney's been very active on Instagram lately -- sharing thoughts, memes, topless photos and odd tales about locking herself in the bathroom -- so Friday at LAX, we asked Brian what he thinks about her posting spree.
He tells us Britney's under the microscope right now -- more so than usual -- due to her conservatorship case, so he thinks she should be more "cautious" and professional with what she posts.
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Brian says, just like everyone else, he wants the best for Britney, but in order to get there she needs to be "diligent" about social media.
We broke the story ... Britney's personal conservator, Jodi Montgomery, has acknowledged she has concerns about her mental health, following Britney's dad, Jamie, claiming Jodi referred to her as "mentally sick."
Meanwhile, Brit wants Jamie removed as conservator of her estate immediately and replaced by Jason Rubin.
Brian's right about one thing -- with all the legal battles being waged, there is way more interest in Brit's posts, it's really the only way she speaks out, but Brian's advice seems to be ... say less.
Originally Published -- 2:34 PM PT
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Britney Spears Jodi Montgomery Has Concerns Over Mental Health ... But Jamie's Twisting 5150 Conversation
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Britney Spears' personal conservator, Jodi Montgomery, has fired back at Jamie Spears, but what she's saying also raises issues about Britney's current mental health state.
Montgomery is reacting to Jamie's legal filing Friday, in which he says Jodi raised concern about Britney's mental state, calling her "mentally sick" ... and even suggesting it might require a 5150 involuntary psychiatric hold.
Jodi says, through her lawyer, Jamie misrepresented her position ... "At no time did Ms. Montgomery express to Mr. Spears that Ms. Spears would currently qualify for such a hold. The concern that Ms. Montgomery did raise to Mr. Spears during their telephone call is that forcing Ms. Spears to take the stand to testify or to have her evaluated would move the needle in the wrong direction for her mental health."
As you know, it was actually Britney who told the judge she wanted to testify back in June. And, Jodi's lawyer is not saying Jodi did not raise the issue of a 5150 hold as an option ... the lawyer says Jodi never said she'd qualify for an involuntary psychiatric hold.
The lawyer adds, "Ms. Montgomery does have concerns about Ms. Spears' 'recent behavior and overall mental health' as set forth in Jamie Spears Declaration ... Due to medical privacy, Ms. Montgomery cannot go into those concerns with any further detail except to say that having Jamie Spears continuing to serve as her Conservator instead of a neutral professional fiduciary is having a serious impact on Ms. Spears' mental health."
Jodi's lawyer also notes Jamie said in his legal docs it was Jodi who got Britney into a mental health facility back in 2019. Jodi's lawyer says at the time Jodi was merely a case manager for Britney -- not her conservator -- and she signed the admission papers at the behest of Jamie.
What's interesting here ... when Britney testified in June, she told the judge she was forced into the facility, but Jodi's lawyer seems to take issue with that, saying, "Ms. Spears consented to her placement at the facility in March, 2019."
Jodi's lawyer ends by saying, "Lastly, Ms. Montgomery is saddened that her telephone call to Mr. Spears, made out of genuine concern for Ms. Spears, and intended to re-establish a working relationship with Mr. Spears towards Ms. Spears' mental health and well-being, is now being misrepresented and manipulated to gain some sort of tactical advantage in the pending proceedings to remove him as Conservator."
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Sean Garrett I Launched a New Record Label ... Future Legends Wanted!!!
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Renowned record producer Sean Garrett isn't resting on his laurels -- he's still out there looking to discover new talent ... with a modernized "Star Search"-type strategy.
Garrett and music executive Max Gousse co-founded a new record label called Hey Young World, and Sean joined "TMZ Live" to explain how he's not looking for new artists -- instead, he's "Looking for Legends."
He's teaming up with iHeart Radio to find a diverse crop of fresh talent in 5 different categories -- pop, R&B, hip-hop, Latin and country -- and applying is as easy as submitting a video.
From there, the contest will enter a top 30 phase in which the finalists will perform live in front of Sean and some other judges ... with 5 record deals at stake.
And if you aren't familiar ... Garrett's resume includes writing and producing hits for Ciara, Mario, Nicki Minaj, Pussycat Dolls and most famously -- Usher's "Yeah!"
Sean told us he's confident he can find new artists to follow in those huge footsteps, but you gotta submit your video before Aug. 22.
We're already know one place the winner's gonna pop up. We're holding ya to it, Sean!!!
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Britney Spears Jamie Says Personal Conservator Told Him Britney's 'Mentally Sick'
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Britney Spears personal conservator told Britney's dad less than a month ago, Britney was so mentally impaired the conservator raised the prospect of putting her under a 5150 psychiatric hold ... this according to Jamie Spears in new legal docs.
In the docs, obtained by TMZ, Jamie says on July 9, 2021, he got a call from Jodi Montgomery, Britney's personal conservator, who sounded "very distraught" and expressed how concerned she was about Britney's recent behavior and overall mental health.
Jamie says Jodi told him Britney was not "timely or properly taking her medications, was not listening to the recommendations of her medical team, and refused to even see some of her doctors."
Jamie says Jodi asked for his help, but he said he did not have access to Britney's medical information since he hadn't been in control since late 2018.
That's when Jamie says Jodi raised a 5150 psychiatric hold as an option.
Jamie also said Jodi acknowledged that many of the statements Britney made in open court last June were false ... attributing the alleged falsehoods to the fact she's "mentally sick."
Jamie then says on July 13, 2021, he got an email from Jodi who backtracked and discounted the need for a 5150.
Also in the docs, Jamie takes aim at Britney's new lawyer, Mat Rosengart, saying Rosengart's allegations of malfeasance were "unsubstantiated, vague accusations."
He makes a specific point of disputing Rosengart's claim Jamie denied Britney a trip to Hawaii. Jamie says that was simply false.
And, Jamie says, his "sole motivation has been his unconditional love for his daughter and a fierce desire to protect her from those trying to take advantage of her."
Jamie also says he's "dutifully and faithfully served as the Conservator of his daughter's Estate without any blemishes on his record." He goes on to say when he came on board, the Estate was in debt and facing 10's of millions of dollars in lawsuit, and he turned it around, so it's now $60+ million strong.
He also says he worked hard with a team of professionals to restore Britney to good health, reunite her with her kids with whom she lost custody and help revive her career.
Jamie is objecting to moving the hearing to remove him to later this month.
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Britney Spears Jamie's Replacement Will Audit Him ... Let's See How He Spent Her Money!!!
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Britney Spears has made it abundantly clear she wants her father, Jamie, out as conservator of her estate and Jason Rubin to take his place ... and if and when he does, sources tell TMZ he'll put Jamie under the microscope.
Sources with direct knowledge tell TMZ ... if Rubin is appointed, the first order of business will be to conduct forensic accounting to determine if Jamie mishandled Britney's finances.
Rubin is a CPA who routinely dives into complex businesses and does exactly that, and based on the documents that Britney's new lawyer, Matt Rosengart, has filed, there will be a lot to examine.
One of the big-ticket items Rosengart has flagged ... a $500,000 payment to Britney's former business manager, Tri Star Sports & Entertainment Group. Tri Star had been getting a 5% percent commission on Britney's gross entertainment-related income, and when she was performing the company was getting a bundle because Britney was making an enormous amount of money.
When Britney went on hiatus in 2019, the amount Tri Star was getting dwindled to around $200,000 a year. A rep from the company sent Jamie an email asking to raise the minimum to $500,000, and Jamie approved it, despite an existing agreement that Tri Star allegedly had which did not entitle it to the additional $300,000 a year.
Rosengart also cited Jamie's request for more than $1.3 million in attorney's fees, which included $541,000 for "media matters." Rosengart clearly thinks "media matters" is B.S.
And, Rosengart took issue with Jamie paying himself $16,000 a month -- Rosengart says that's $2K more than Britney herself got.
TMZ broke the story ... Britney wants her dad out immediately, and either wants the judge to move up the hearing date from late September to August, or suspend Jamie immediately pending the hearing.
We reached out to Rosengart for comment ... no word back so far.
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Kanye West's 'Donda' Event Down Goes Fan Crashing Stage!!! Tackled by Security Guards
A Kanye West fan tried to join the show during the rapper's second "Donda" listening event ... but got taken down by security before he got too close.
About midway through Ye's performance Thursday night at Atlanta's Mercedes-Benz Stadium -- his second in as many weeks -- a man dressed in orange breached security in the stands and made a break for the stage.
As the guy made his way through the large crowd of backup dancers, that's when a security guard came out of nowhere with the big tackle. Unfortunately, it looks like he may have been injured in the collision.
While we hope the guard's okay, the fan was apprehended by several other guards after the take-down and hauled away. However, it seems police were not involved because we're told they have no record of the incident.
As we told you ... Kim Kardashian and all their kids attended the "Donda" listening party 2.0, which was supposed to lead up to the public release of Kanye's 10th studio album after already being delayed.
Turns out, the second time around yielded the same result, as of Friday 7:30 AM PT ... "Donda" is still not out.
#DONDA pic.twitter.com/55tmitK7ha
— Kim Kardashian West (@KimKardashian) August 6, 2021 @KimKardashian
Some fans have joked it's because Kanye still hasn't come down after levitating out of the stadium to dramatically end last night's show. Or, maybe the third listening event will be the charm.
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Kim Kardashian & Kids Let's Run it Back ... Attend Kanye's 2nd 'Donda' Event
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6:45 PM PT -- Kanye’s kids were spotted getting ready for the album release.
The West kids are now in the audience! #DONDA pic.twitter.com/E9zCt4a0vi
— Photos Of Kanye West (@PhotosOfKanye) August 6, 2021 @PhotosOfKanye
Kim Kardashian and all of her children are showing just how much they love and support Daddy ... they're back in Atlanta for Kanye West's encore "Donda" album release.
Kim and their kids -- North, Saint, Chicago and Psalm -- are on the East Coast yet again to attend Ye's second event at Mercedes-Benz Stadium in 2 weeks in anticipation of the release of his 10th studio album ... scheduled for Friday.
— Kim Kardashian West (@KimKardashian) August 6, 2021 @KimKardashian
Kim and the kids are dressed head to toe in Balenciaga, which sorta makes sense ... the creative director behind the event is the head of Balenciaga.
We're told some family friends are also with Kim -- including KKW's Chief Marketing Officer Tracy Romulus and her kids -- to celebrate the rapper's momentous occasion.
Worth noting -- our sources say this is not some sign that Kim and Kanye are getting back together ... the divorce is still happening, but the family support remains strong.
7/22/21
As we first told you ... Kim and the family were also in attendance on July 22 when Kanye first debuted "Donda" ahead of its initial July 23 release date. It never came out, though ... thus his need for round 2.
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Our sources say the plan is for Kayne to put a new twist on the second album release event ... which looks like it may involve transforming into a supervillain.
Then again, as Khloe recently told us ... only Kanye truly knows what's in store.
Originally Published -- 6:15 PM PT
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The Offspring Drummer Not Kicked Out ... But Return Appears Unlikely
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The Offspring are telling people their drummer, Pete Parada, was NOT kicked out of the band due to being unvaccinated ... but as a practical matter, it may be the case.
Jason "Blackball" McLean -- famous for singing "You gotta keep 'em separated" on The Offspring's 1994 hit, "Come Out And Play" -- tells TMZ ... Pete was never given the boot by his bandmates and a mutual agreement was reached ... but frankly, a return is sounding more and more like a pipedream.
We're told there have been several discussions between Pete and the other band members for months about getting back on the road, traveling and touring again ... which would require getting vaccinated.
More and more venues, cities and countries are requiring proof of vaccination to perform ... and we're told the band needs a drummer who's all-in on getting the shot.
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Pete says he can't get vaccinated due to a medical issue that's gotten worse since childhood, so he's out ... and there doesn't appear to be a pathway for a return in the foreseeable future.
Drummer Josh Freese will be filling in for The Offspring's upcoming shows -- but the band is telling folks it's not permanent and as soon as things get better and Pete's not required to be vaxxed to be in a venue, there's an open invitation to return.
Thing is ... vaccine mandates don't appear to be going away anytime soon, nor does COVID, and with herd immunity seeming further and further away, it's increasingly hard to imagine Pete getting behind a drum set with The Offspring.
BTW ... though Jason's not an official member of the band, he will be appearing at some of their upcoming shows to perform his iconic lyrics, just like he did on a recent ep. of their "Cockpit Karaoke."
Pete, on the other hand, will likely be sidelined for the foreseeable future, even though he and the band might not be ready to accept it.
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R. Kelly Submits Questions for Jurors To Weed Out LGBT Prejudice
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R. Kelly's lawyers submitted a list of questions for potential jurors ... and it's clear they're trying to eliminate anyone who might judge Kelly's sexual preferences or lifestyle.
According to new legal docs obtained by TMZ ... the disgraced singer's legal team wants the judge to include 6 additional questions for prospective jurors to answer during the jury selection process.
Here's the first one on the list, just to paint the picture -- "Do you have any views about heterosexual, lesbian, gay, and/or bisexual people that would affect your ability to be a fair and impartial juror?"
From there, the questions focus on specific gay, lesbian and bisexual scenarios and ask the potential jurors if they have views on them that would affect their ability to be fair and impartial.
This all stems from the latest development in Kelly's case, in which the judge ruled he will allow the new allegations -- that Kelly groomed and molested a 17-year-old male he met at McDonald's -- to be presented during trial.
So, while Kelly's legal team has claimed the new abuse allegations are just the feds' attempt to smear him ... they're also trying to make sure jurors aren't bringing any homophobic biases into the courtroom.