R. Kelly Trial Day 4: Kelly's Lawyers Seek To Charge State's Witnesses W/ Crimes
May 26,2008 00:00
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Yesterday in the ongoing R. Kelly child pornography case, Kelly's lawyers pushed to have several of the prosecution's witnesses charged with crimes.With the jury having a day off on Friday, both the defense and the prosecution met with the judge concerning crucial matters in the trial. Kelly's lawyers and attorneys for the state met with Judge Vincent Gaughan behind closed doors for a large part of the hearing.
Prosecutor Shauna Boliker told The Chicago Sun-Times that Kelly's team pushed for legal action against several unmanned witnesses in the secret meeting.
Boliker did not reveal why Kelly's lawyers were pushing for charges, but throughout the week the defense has been asking key witnesses, why, after viewing the sex tape in question, they did not contact authorities sooner. Kelly's team had also been suggesting throughout the case, that anyone who owned a copy of the video was guilty of child pornography, including Sun-Times reporter Jim DeRogatis, who was responsible for handing the tape over to police.
Other possible witnesses that the defense may be seeking to get charged include the woman who said she participated in a three way sex romp with the singer and alleged victim. She has yet to take the stand.
During the hearing, defense attorney Marc Martin also continued his fight to have DeRogatis take the stand yesterday, arguing that the reporter had "immersed himself in these proceedings" by giving the sex tape to police. Martin feels as if establishing how the video found its way to authorities was "crucial to the defense." He also said that he believes DeRogatis' testimony will undermine Stephanie "Sparkle" Edwards', who took the stand on Thursday.
DeRogatis' attorney said his client would assert his "reporter's privilege" against testifying and Boliker told the judge he doesn't know what purpose DeRogatis could add to case.
Siding with the prosecution Judge Gaughan told Kelly's lawyers they failed to make a convincing case on why the reporter's testimony was needed. Martin responded by saying Kelly has a sixth amendment right to call on any witness he wanted. To which Gaughan said, "You don't have a right to call (just) anybody as a witness, or the trial would last until infinity." The judge concluded he would make a ruling on DeRogatis next Friday.
DeRogatis' testimony wasn't the only issue up for debate in court yesterday; the prosecution also asked Gaughan to reconsider his ruling to forbid a doctor from taking the stand. The state believes the medical expert could provide reasoning why the alleged victim may not be able to admit that it's her on the tape.
Kelly faces 14 counts of videotaping, producing or soliciting child pornography. He pled innocent to all charges and if convicted could face up to 15 years in prison.
The trial is scheduled to be back in court on Tuesday. Stay tuned To as the story develops.