McDavid filed the same motion last week, arguing that the alleged offenses occurred after the statute of limitations expired in 2014, which would make them ineligible for prosecution. Based on that precedent, both men are claiming the court can’t prove they colluded to destroy the tapes and want the charges dropped.

The former business manager was reportedly one of Kelly’s employees who was involved in paying off and collecting incriminating tapes from the singer’s alleged victims. In July, McDavid was let go on a $500,000 bond after he pleaded not guilty to the four federal crimes brought against him.

The R&B singer was supposed to be in court himself on Wednesday (Oct. 30) for another status hearing for his Chicago case. But, he was a no-show due to an infected toe. His lawyer, Steve Greenberg, told reporters the 52-year-old was walking around in a boot after one of his toes got infected and the nail had to be removed, according to the Chicago Sun-Times. Concerned the toe might get stepped on during transit, Kelly opted to skip the hearing.

That’s not the last of his concerns. In a report from TMZ published on Tuesday (Oct. 26), a judge ruled Kelly to pay his ex-wife, Drea Kelly, her owed child support. Given the embattled singer’s current financial situation, the back pay will be docked from his music royalties to the tune of $20,833 every month.

Right now, Kelly is facing charges relating to child pornography. He is currently being held without bond in Chicago, although that might be on the table for reconsideration at his next hearing on February 13 where a judge is expected to give a verdict on the newly filed motion as well.