R. Kelly judge upholds ruling to show sex tape at trial

Aug 21, 2007

The judge in the upcoming child pornography trial of R. Kelly today upheld his earlier ruling to allow the media and public to view a videotape that allegedly shows the R&B singer having sex with a minor.

Prosecutors urged Cook County Criminal Court Judge Vincent Gaughan to reverse his ruling today, arguing that making the tape public would re-victimize the girl, who prosecutors have said could have been as young as 13 when the tape was made.

But Gaughan would not reconsider, noting that the girl who prosecutors believe is in the video has claimed that it isn't her. The judge said if the girl had said she was the victim, he would not allow the video to be shown in open court.

Kelly, who faces up to 15 years in prison if convicted, has pleaded not guilty to 14 counts of child pornography. Jury selection is set to begin Sept. 17. The case has inched along for five years, with Kelly originally charged in 2002.

Assistant State's Atty. Shauna Boliker also said today that an expert witness, Dr. Sharon Cooper, a pediatrician, will testify that the girl, who has been reluctant to cooperate with investigators, is exhibiting behavior consistent with someone who has been victimized.

But Kelly's attorney, Ed Genson, said the expert's opinion would be invalid because, he asserted, the girl is not the girl on the tape.

Cooper also is expected to testify that hand patterns from Kelly's hand are consistent with a hand in the video, Boliker said. But Genson argued that Cooper does not have the expertise to make that kind of judgment.

Gaughan will decide Sept. 10 on whether to allow Cooper's testimony.