Kelly lawyers seek to put off trial over 'threesome' report
COURT | Jury selection to start Friday in oft-delayed porn case
The child pornography case against R. Kelly, finally set to go to trial this week after nearly five years, could again be stalled after his lawyers asked a judge for a delay because of “a torrent of publicity” surrounding the case.
The request follows a report in the Sunday Sun-Times that a new witness was set to testify she had group sex with the R&B superstar and the teenage girl at the heart of the case.
(AP)
Kelly’s lawyers filed a sealed motion today asking Cook County Judge Vincent Gaughan to delay the trial’s start because of the publicity.
“We are asking your honor to continue the case in light of the torrent of publicity over the weekend, specifically the front page of the Sun-Times, articles on pages 3 and 15, along with three pictures of Mr. Kelly and quotation of sources about leaked information,” Marc Martin, one of Kelly’s lawyers, said in court. “We ask also that court allow us to respond to the press about these matters.”
Gaughan, who has imposed a gag order on lawyers involved in the case, could rule on the request Friday, when jurors are scheduled to be picked for the trial. Prosecutors have until Friday to respond to the request for a delay.
The Sun-Times, citing sources, reported over the weekend that Gaughan had agreed to let the new witness testify she had a three-way sexual encounter with Kelly and the allegedly underage girl shown in the home video that sparked the charges.
The 41-year-old Kelly is accused of videotaping himself having sex with a girl estimated to be 13 or 14. He has pleaded not guilty.
As part of the case, prosecutors claim to have identified the girl in the videotape. This alleged victim is now in her 20s. Kelly’s lawyers plan to argue — and the alleged victim will reportedly testify — that she is not the girl in the tape.
But the prosecution’s new witness could undermine that defense since she will identify the girl, sources said. In addition, the witness is expected to say the girl was underage at the time of their encounter.
The witness’ testimony was among the evidence discussed in secret hearings last month before Gaughan. The judge, citing concerns about pretrial publicity, closed the hearings to the public and put multiple court filings under seal.
In the past, Kelly has faced civil lawsuits from underage girls accusing the singer of inducing them to have sex with him and a second woman. The title track of his 2007 album “Double Up” refers to a man arranging a menage a trois.
The Kelly case has been pending since June 2002, when the star was indicted on multiple counts of child pornography. It has been delayed repeatedly.
The indictment followed a more than three-year Chicago Police investigation. The Sun-Times reported on the investigation in a December 2000 story about Kelly’s pattern of pursuing underage girls for sex.
The big break in the case came in February 2002, when a videotape was sent anonymously to the Sun-Times. It shows a man alleged to be Kelly engaging in various sex acts — including urinating on the underage girl. The tape was turned over to the Chicago Police.
Cook County State’s Attorney Richard Devine impaneled a grand jury that heard dozens of witnesses identify Kelly and the teen on the tape and confirm that they had a sexual relationship.
The tape was authenticated by the FBI, which determined it could not have been a forgery.
Kelly, of Olympia Fields, faces up to 15 years in prison if convicted.
