"Mr. Kelly will be brought to justice as soon as it is safe and practicable. Until then, he will remain in custody," Leinweber wrote.
Kelly was beaten in his cell on August 26 by fellow inmate Jeremiah Shane Farmer, who admitted the attack in later court records.
Kelly's attorneys wanted to question Farmer under oath to get him out of custody, saying that "an unresolved question remains whether the Metropolitan Correctional Center staff encouraged and then allowed Mr. Kelly's beating".
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The motion said that a security video of the prison handed over by the prosecutor showed that Farmer had "traveled a great distance" before entering Kelly's cell and that "no one in the MCC raised a finger to stop Mr. Farmer from attacking Mr. Kelly until after attacking Mr. Farmer was good at beating. "
Leinenweber wrote that the attack did not merit Kelly's release from prison. If he wants to "question the terms of his detention or the ability of the MCC to protect him," he can bring a civil action.
According to a report from the U.S. Prison Bureau, Farmer was able to move away from an MCC employee on Aug. 26, enter Kelly's cell, and hit him repeatedly in the head while Kelly was in the lower bunk. The attack didn't stop until a prison security officer sprayed farmers with pepper, according to the report.
The 39-year-old farmer has alleged in court records that he carried out the attack "in hopes of attracting the spotlight and attention of world news" to shed light on government wrongdoing. He was also upset about repeated jail bans, which he attributed to Kelly's celebrity status.
Farmer of Hammond was convicted on June 25, 1999 last year when Marion Lowry, 74, and Harvey Siegers, 67, who were beaten with a small sledgehammer at their Calumet Auto Rebuilders business, were killed. He faces a life sentence and was transferred to a federal institution in Michigan after the attack on Kelly.
Kelly, 53, faces two state charges of sexual abuse and several Cook County charges. He has been detained without commitment since he was arrested on federal charges in July 2019.