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Judge still shutting media out of R. Kelly hearings

April 25, 2008

Judge Vincent Gaughan plans to hold another closed-door hearing in the R. Kelly child pornography case Friday — and delayed considering a news media challenge until May 8, one day before jury selection is to begin.

The Sun-Times and the Chicago Tribune intervened in the case this week, objecting to secrecy measures imposed by Gaughan. The newspapers want Gaughan to release court filings that are under seal, stop closing hearings to the public, and release transcripts to three closed-door hearings held this month.

Damon Dunn, a lawyer for the newspapers, asked Gaughan not to hold more hearings until he had ruled on those issues.

“Every moment constitutes harm under the Supreme Court analysis. The news is supposed to be immediate,” Dunn said Thursday.

But Gaughan pushed back the newspapers’ request to May 8, to give Kelly’s lawyers and prosecutors time to respond.

The newspapers — joined Thursday by the Associated Press — argue the law requires a judge to articulate reasons for sealing documents and proceedings.

“I can’t disclose the reasons without giving away the whole thing,” Gaughan said. “It actually is because of the proximity of jury selection, which is in about two weeks, and the fact that it might deprive Mr. Kelly of a fair trial.”

It was not clear whether the newspapers would file an immediate appeal.

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 — and the trial has been delayed repeatedly.

The information under seal includes an April 1 filing in which prosecutors sought to bring in evidence of other alleged crimes by Kelly.