Lawyers for Kelly: Rap won’t ‘Fly’

Defense attorneys believe the government’s racketeering charge against chart-topping singer R. Kelly lacks something: co-conspirators.

Attorneys for the “I Believe I Can Fly” singer, in Brooklyn Federal Court papers filed Friday, asserted the top count in the five-count indictment against Kelly failed to even identify the other players in the disgraced R&B star’s alleged racketeering operation.

“The superseding indictment is silent on how any other individual benefited from Mr. Kelly engaging in sexual activity,” said defense attorney Steven Greenberg in calling for a dismissal of the charge. “If no others benefit, then the only member of the enterprise is Mr. Kelly.”

The indictment also accused Kelly (inset) of employing underlings for the “recruiting and grooming” of sexual partners for their boss. But Greenberg noted that none of the alleged subservient defendants were ever identified by prosecutors.

The federal racketeering law “was not designed as a means to punish a single individual for his own wrongful actions,” argued Greenberg in his 11-page filing. “The government would like the court to believe that an individual, namely Mr. Kelly, and unnamed, unidentified associates somehow formed a … [racketereeing] enterprise.”

The accused predatory pedophile stands accused of improper sexual activity with three girls under the age of 18, concealing information from sexual partners that he had a sexuallytransmitted disease, and producing child pornography.

In all, five Jane Does were cited as targets of Kelly’s criminal sexual behavior in the New York charges.

Kelly, currently in federal lockup without bail, also faces federal charges in Chicago for producing and receiving child pornography, and for inducing minors to engage in sexual activity. An email for comment from Brooklyn Federal prosecutors was not returned.

Greenberg, in court papers, also noted that prosecutors alleged the sick conspiracy was going on for some 23 years.