Jurors to see full sex tape
R. KELLY TRIAL | Judge: 'Just because something is distasteful' doesn't mean it's not evidence
Jurors and the public will see the whole videotape in the child pornography trial of R&B superstar R. Kelly -- including the scenes of "urination," a judge ruled Tuesday.
Kelly's lawyer argued that showing jurors the scenes in which the man who appears to be Kelly urinates on an underage girl would unfairly prejudice them against Kelly.
Kelly's lawyer argued that showing jurors the scenes in which the man who appears to be Kelly urinates on an underage girl would unfairly prejudice them against Kelly.
Prosecutor Shauna Boliker responded that "Just because something is distasteful or shocking" does not mean it's not vital evidence.
Prosecutor Shauna Boliker responded that "Just because something is distasteful or shocking" does not mean it's not vital evidence.
Criminal Court Judge Vince Gaughan agreed with Boliker that those scenes were necessary for prosecutors to prove their case.
While often short-handed as a "sex tape," the 26-minute videotape at the heart of the case includes scenes of what critics say is Kelly disrespecting the girl.
Kelly is the top-selling act in R&B in the world, with more than 40 million CDs in the U.S. alone. From his signature hit "I Believe I Can Fly" to his latest sex-filled "Hip-Hopera," he has run the gamut from gospel-tinged inspirationals to down-and-dirty bedroom ballads.
Kelly has faced scrutiny on the child pornography charges for five of his 40 years. Rumors have circulated since the case began that a plea deal is being negotiated to keep the artist out of jail. The alleged deal has never materialized, and both sides Tuesday denied the rumors.
Gaughan chided lawyers on both sides to be ready for trial next month, saying, "I'm getting a lot of starting-line jitters, a lot of things that should have been handled."
Gaughan re-affirmed his ruling Tuesday that the videotape will be played for the entire courtroom, not only jurors. That will give the verdict more credibility with the public, he said.
Prosecutors asked him to read a statement saying they objected to the tape "re-victimizing" the girl, who the Sun-Times has reported was 14 at the time the tape was made. Gaughan denied that motion.
The girl prosecutors say is the one on the tape told the grand jury she is not, so prosecutors should stop calling her a victim, Gaughan told Boliker.
"Do you have a term you would like?" Boliker asked him.
"State's witness," Gaughan said.
"The state's witness will not in fact be testifying for ... the people," Boliker said.
Boliker plans to call neighbors, friends, friends' parents and perhaps some relatives of the girl -- who will celebrate her 23rd birthday next month -- to testify she is the girl on the tape.
Kelly's lawyers objected to Boliker's plans to have experts testify about the likelihood that the girl is the one in the tape and that the pattern of veins on Kelly's hands match the patterns on the man in the video.
Gaughan asked for more legal briefs from both sides on those issues before trial.