R. Kelly gets trial date at last: Sept. 17
COURT | Delays beset '02 child porn case involving video
R&B star R. Kelly will appear next month before the most important audience of his career -- 12 jurors.
Judge Vincent Gaughan set a Sept. 17 date Wednesday for Kelly's long-anticipated trial on child pornography charges. Gaughan made the announcement in his courtroom after meeting with a prosecutor, Kelly's lawyers and Kelly himself for 1½ hours.
Judge Vincent Gaughan set a Sept. 17 date Wednesday for Kelly's long-anticipated trial on child pornography charges. Gaughan made the announcement in his courtroom after meeting with a prosecutor, Kelly's lawyers and Kelly himself for 1½ hours.
"He believes in our system of justice and is looking forward to finally having his day in court," Kelly spokesman Allan Mayer said. "He's confident that when all the facts come out, it will be clear that he is not guilty of any crime."
(Tom Cruze/Sun-Times)
"He believes in our system of justice and is looking forward to finally having his day in court," Kelly spokesman Allan Mayer said. "He's confident that when all the facts come out, it will be clear that he is not guilty of any crime."
Cook County prosecutors charged Kelly with 14 counts of child pornography in 2002 for allegedly videotaping himself having sex with a 14-year-old girl. He has pleaded not guilty.
From the outset, the case has been beset by delays. Sources in the Cook County state's attorney's office lay part of the blame at Kelly's defense team, headed by lawyer Ed Genson and now including lawyer Sam Adam, Jr. The defense has filed 25 to 30 motions in the case, a move certain to slow things down, they said.
"Any defense attorney worth his salt will tell you that there's no better friend than delay in a criminal case," said John Decker, a law professor at DePaul University, who is not involved in the case. "You're just hoping witnesses go away and recollections aren't as good."
Defense sources counter that they have not asked for any continuances, unlike the prosecution.
Other delays have been beyond either side's control. In July 2006, Gaughan fell from an 18-foot ladder at his Chicago home, suffering multiple fractures. The accident kept the judge out for six weeks. When he returned, Gaughan had to preside over the trial of accused Brown's Chicken killer Juan Luna.
In February, R. Kelly missed a court date after his appendix burst.
Now, even though Gaughan appears firm about the trial date, the case faces another potential delay: The lead prosecutor, Shauna Boliker, is expecting a baby Aug. 29. But Boliker is known for working long hours, and she said she will be ready to go.
"With both my other kids, I came back in a couple of weeks and tried [cases in front of] juries," Boliker said.
Evidence in the case is expected to include the 26-minute videotape. Each side will also present its own technical experts on videotaping, sources said. The trial is expected to last three to four weeks, including jury selection, sources said.