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Sun-Times, Trib ask court to unseal R. Kelly documents, proceedings

April 29, 2008

News organizations asked the Illinois Supreme Court on Monday to order a judge to unseal court documents and proceedings in R&B star R. Kelly’s child pornography case.

The Chicago Sun-Times, the Chicago Tribune and the Associated Press first intervened in the case last week, objecting to secrecy measures imposed by Judge Vincent Gaughan. The judge has put multiple documents under seal, held four hearings that were closed to the public, and imposed a “decorum order” barring lawyers in the case from speaking about it.

“Records and proceedings in the Kelly case have not only been sealed, but also sealed without any judicial findings with respect to the reasons for secrecy. These actions inherently exceed the circuit court’s authority,” the news organizations' lawyers wrote Monday in asking the Supreme Court to issue a supervisory order.

Last week, Gaughan said R. Kelly’s lawyers and prosecutors needed time to respond to the news organizations and scheduled a hearing for May 8 -- one day before jury selection is to begin for Kelly’s trial.

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.

When the Sun-Times, Tribune and AP intervened last week, Gaughan suggested he was acting to minimize pre-trial publicity: “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.”

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