Wednesday, August 22, 2007

R. KELLY'S SEX TAPE TO BE SHOWN; JUDGE ALLOWS MEDIA & PUBLIC TO VIEW ALLEGED SMOKING GUN...GOLDEN SHOWER SCENE INCLUDED.

I have now come to the conclusion that R. Kelly has to have the stupidest lawyers in all the land of the entire earth, galazy and beyond....

The judge in R. Kelly’s forthcoming child pornography trial upheld his earlier ruling to allow the media and public to see the videotape that allegedly shows the singer having sex with an underage girl. In his earlier ruling, Gaughan said there was not an "overarching interest" in keeping the media and the public from seeing a tape that is the "linchpin" of the case. During a hearing Tuesday, prosecutors urged Cook County Criminal Court Judge Vincent Gaughan to reverse his ruling, arguing that making the tape public would re-victimize the girl, reports the Chicago Tribune. But Gaughan refused to reconsider, noting that the girl who prosecutors believe is in the video has claimed that it isn't her. On Tuesday, Gaughan said that because the girl has denied that she is on the tape, there is no victim to protect. Prosecutors said they do not plan to call the girl as a witness. "If the alleged victim testifies, I'll change the ruling," Gaughan said.

Assistant State's Atty. Shauna Boliker also said that a pediatrician, Dr. Sharon Cooper, will testify that the girl – who has been uncooperative with investigators – is exhibiting behavior consistent with someone who has been victimized. Kelly's attorney, Ed Genson, said the expert's opinion would be rendered moot because the girl is not the girl on the tape. Cooper also is expected to testify that patterns from Kelly's hand print are consistent with a hand in the video, Boliker said. But Genson argued that Cooper does not have the qualifications to make that kind of judgment.

In another motion, Kelly's lawyer Edward Genson asked the court to exclude from trial a portion of the tape showing Kelly urinating on the girl. He argued that such a display would be prejudicial to the defense. Boliker said that part of the tape is central to two of the charges in the 14-count indictment against Kelly and that it should not be removed "just because something is shocking or distasteful."


Gaughan denied the motion.

Gaughan will decide Sept. 10 on whether to allow Cooper's testimony. Jury selection is set to begin on Sept. 17. Kelly, facing up to 15 years in prison if convicted, pleaded not guilty to 14 counts of child pornography.

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