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R. KELLY CHILD PORN CASE UPDATE: Defense and prosecution ask judge to bar viewing of sex tape
At the hearing, which took place in the Cook County Criminal Court building, both the defense and prosecution asked Judge Vincent Gaughan to only allow jurors, lawyers on both sides and the judge himself to view the tape during the trial. The reasoning is that the girl was a minor. It was also noted that the girl would be embarrassed because the video was graphic and lewd.
"Various portions of the video depict lewd exhibition of the victim's unclothed genitals and breasts. The state alleges that the victim was as young as 13 years old at the time the video was made allegedly by the defendant. As such, it falls directly under the definition of child pornography," the filing states.
The judge said he would have to consider the public nature of the trial and media coverage in making his decision.
"This is a very grave issue. I have to look at the whole concept of the right of a public trial," Judge Gaughan said. "Certainly, the press ... is very important."
The response from defense lawyers and prosecutors was that they would not object to members of the press viewing the video during the trial. The judge is expected to rule on the request at a June 8 hearing.
Kelly, who was at Thursday's hearing, was indicted on charges that he allegedly videotaped himself having sex with a juvenile girl at his Chicago home. The trial has been repeatedly delayed since the charges were filed in 2002 but could begin this summer. He faces up to 15 years in prison if convicted of all chargees.
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