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Dispute may delay R. Kelly trial again

COURT | Lawyer hits judge's refusal to let him join defense

April 24, 2008

In a move that could delay the trial of R&B star R. Kelly yet again, renowned criminal defense lawyer Sam Adam fired a legal salvo at Judge Vincent Gaughan over the judge's refusal to let Adam be part of Kelly's defense team.

In papers filed Tuesday, Adam asked the Illinois Appellate Court to stay Kelly's trial -- now scheduled to start May 9 -- until it rules on whether Adam can represent the R&B singer.

Kelly's defense team now includes Ed Genson and Marc Martin, as well as Adam's son Samuel E. Adam. Another of Kelly's lawyers, R. Eugene Pincham, recently died.

In his court filing, Adam said he balked at Gaughan's insistence he sign an order agreeing to reinterview witnesses before trial. Since Adam would not sign it, Gaughan refused to let him participate in the case.

Adam called Gaughan's rules "an unwarranted and unconstitutional interference" with Kelly's right to counsel.

"A judge of the Circuit Court has no authority to promulgate special rules and regulations," Adam wrote.

Kelly, 41, is charged with child pornography for allegedly videotaping himself having sex with an underage girl. Kelly, of Olympia Fields, has pleaded not guilty. The case has been pending since June 2002.

Adam, 72, has defended many high-profile clients, including former U.S. Rep. Mel Reynolds (D-Ill.) and car dealer Bruno Mancari.