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CHICAGO (CBS 2/STNG) ― The R. Kelly child pornography trial is set to start Friday morning, but a last-minute motion by Kelly's attorneys could result in yet another delay.
There is a gag order in the case, so the public has not been told exactly what the motion says. It likely involves a newspaper story from last weekend which has stoked claims by Kelly's attorneys that he cannot have a fair trial because of recent news coverage.
Prosecutors are expected to respond to the claim on Friday, and Judge Vincent Gaughan has indicated that jury selection might proceed as scheduled.
Kelly will have a special entrance when he reports to the Cook County Criminal Courthouse, at 2600 S. California Ave. He has come in the main entrance for the many status and motions hearings that have been held since the case began six years ago, each time followed by a gaggle of photographers.
The 41-year-old R&B superstar, whose full name is Robert S. Kelly, is charged with videotaping himself having sex with a teenage girl.
The video shows a man prosecutors say is Kelly engaging in sex acts with and urinating on the young girl, whom he refers to as his "god-daughter" on the album liner notes of his "TP2.com" album. Her father played bass for Kelly.
Out of an original 21 counts of child pornography against Kelly, 14 remain. The singer-songwriter, who has sold 37 million albums, faces up to 15 years in prison if convicted.
Prosecutors will have to surmount several hurdles if they hope to prevail.
Chief among them is that the alleged victim, now 23, says it wasn't her. And Kelly's lawyers -- including prominent Chicago attorney Ed Genson -- haven't admitted it's Kelly in the video.
But last weekend, a woman claimed she was a witness to the encounter, and participated in three-way sex with Kelly and the alleged victim.
The centerpiece of the trial is the video footage, which Gaughan ruled may be shown in open court.
Prosecutors claim the videotape was made sometime between Jan. 1, 1998 and Nov. 1 2000, and that the girl was born in September 1984. Kelly was indicted on pornography charges June 5, 2002, after the tape surfaced.
People who have seen the video say it is damaging evidence.
It is unclear whether prosecutors have asked -- or would be allowed -- to tell jurors about accusations that Kelly allegedly had sexual relations with other minors, because some of the trial proceedings have been kept secret by the judge.
Two Columbia College students said Kelly's celebrity should not affect his treatment under the law.
"I think he should pay his dues to society, just like everybody else who was having sexual relations with children," said student Melanie Ellis. "It's illegal. You can't do it."
"Any person that commits crime, to me, should all be treated the same way," added student Damien Hodges. "It has nothing to do with celebrity, because that's just not fair."
Gaughan has called in 100 prospective jurors for Friday. Jury selection is scheduled to begin at 10 a.m. |