12:43 PM CDT, May 23, 2008
from Chicago Tribune
R. Kelly's attorneys have asked the trial judge to compel Cook County prosecutors to file criminal charges against one of their own witnesses, according to court records.
The prosecution Friday submitted a response to the defense motion, which was originally filed under seal. There was no discussion about the matter in open court and the witness' identity was not revealed.
A gag order in the case prohibits both the defense and prosecutors from speaking with the media.
Cook County Judge Vincent Gaughan met behind closed-doors with both sides for nearly 30 minutes Friday. He later said the secret discussions involved upcoming testimony and what evidence would be allowed.
Gaughan has defended the private proceedings, saying publicity surrounding the case and the release of inadmissible evidence would deny Kelly a fair trial.
Kelly's attorneys also argued a motion Friday that seeks permission to subpoena Sun-Times music critic Jim DeRogatis, who gave police the videotape at the heart of the case.
The defense wants to ask DeRogatis about what he did with the tape while it was in his possession and whether he made a copy that he later showed to sources.
Stephanie "Sparkle" Edwards, a former Kelly protégé and relative of the alleged victim, testified DeRogatis showed her the tape in January 2002. The defense contends the screening took place after DeRogatis provided the video to authorities.
Gaughan has repeatedly said copying and playing child pornography when the newspaper knew police were investigating the matter could be a felony.
"I don't think it's an action protected by the 1st Amendment," the judge said Friday. Sun-Times attorney Damon Dunn said that no one has proven DeRogatis made a copy of the sex tape or played it for Edwards after police became involved. Dunn suggested the defense wants to call DeRogatis as a witness so they can accuse the music critic--who wrote several articles about Kelly's relationships with underage girls--of having a vendetta against Kelly.
"They'd much rather try a reporter than their own defendant," Dunn said.
-- Stacy St. Clair
from Chicago Tribune
R. Kelly's attorneys have asked the trial judge to compel Cook County prosecutors to file criminal charges against one of their own witnesses, according to court records.
The prosecution Friday submitted a response to the defense motion, which was originally filed under seal. There was no discussion about the matter in open court and the witness' identity was not revealed.
A gag order in the case prohibits both the defense and prosecutors from speaking with the media.
Cook County Judge Vincent Gaughan met behind closed-doors with both sides for nearly 30 minutes Friday. He later said the secret discussions involved upcoming testimony and what evidence would be allowed.
Gaughan has defended the private proceedings, saying publicity surrounding the case and the release of inadmissible evidence would deny Kelly a fair trial.
Kelly's attorneys also argued a motion Friday that seeks permission to subpoena Sun-Times music critic Jim DeRogatis, who gave police the videotape at the heart of the case.
The defense wants to ask DeRogatis about what he did with the tape while it was in his possession and whether he made a copy that he later showed to sources.
Stephanie "Sparkle" Edwards, a former Kelly protégé and relative of the alleged victim, testified DeRogatis showed her the tape in January 2002. The defense contends the screening took place after DeRogatis provided the video to authorities.
Gaughan has repeatedly said copying and playing child pornography when the newspaper knew police were investigating the matter could be a felony.
"I don't think it's an action protected by the 1st Amendment," the judge said Friday. Sun-Times attorney Damon Dunn said that no one has proven DeRogatis made a copy of the sex tape or played it for Edwards after police became involved. Dunn suggested the defense wants to call DeRogatis as a witness so they can accuse the music critic--who wrote several articles about Kelly's relationships with underage girls--of having a vendetta against Kelly.
"They'd much rather try a reporter than their own defendant," Dunn said.
-- Stacy St. Clair
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