Kelly's lawyers seek charges against state's witness

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R. Kelly's attorneys are trying to have witnesses for the prosecution charged with crimes, it emerged in court this morning as the defense continued its pursuit of Sun-Times reporter Jim DeRogatis.

The jury has the day off but Judge Gaughan spent much of this morning in a secret hearing with both sides after prosecutor Shauna Boliker revealed that Kelly's attorneys have asked that state's witnesses be charged.

Boliker did not say which witnesses the defense wants charged, or with what, but Kelly's team has repeatedly questioned this week why witnesses who had seen the sex tape at the center of the case did not contact police sooner.

The defense has also suggested several times that anyone who possessed a copy of the tape committed the crime of child pornography, including DeRogatis.

It's also possible that the defense wants witnesses who have yet to testify charged. The Sun-Times exclusively reported two weeks ago that a state's witness was prepared to testify that she participated in a taped three-way romp with Kelly and the alleged victim.

The defense may be seeking to have that witness charged with child pornography, but until the judge unseals the defense's motion, there's no way of knowing.

During Friday's hearing, defense attorney Marc Martin repeated his demand that DeRogatis testify for the defense, arguing that DeRogatis had "immersed himself in these proceedings" by passing the sex tape to police.

He said he expected DeRogatis would undermine Stephanie "Sparkle" Edwards' testimony and that establishing the circumstances in which the tape found its way into police custody was "crucial to the defense."

Sun-Times attorney Damon Dunn said DeRogatis would assert his "reporter's privilege" against testifying. And Boliker said she could not see what DeRogatis could add to what has already been said in court.

Gaughan seemed unimpressed with the defense's attempts to force DeRogatis to take the stand, telling Martin that he was failing to make a convincing case.

Martin then claimed that Kelly had a Sixth Amendment right to call whatever witnesses he wanted.

But Gaughan responded, "You don't have a right to call (just) anybody as a witness, or the trial would last until infinity."

The judge indicated he would rule next Friday on whether DeRogatis must appear.

Speaking outside court, Dunn said it was clear that the defense "would rather have a reporter on trial than their defendant."

Also during Friday's morning hearing, the prosecution asked Gaughan to reconsider his decision to forbid a doctor from testifying. The state says the doctor would testify why the alleged victim might not be prepared to admit it's her on the tape.

The trial is set to continue Tuesday morning.

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23 Comments

FIRST LET ME SAY THAT I LOVE U R-KELLY,THIS MESSAGE IS FOR SPARKLE STOP HATEING U JUST MAD CAUES R-KELLY DONT WONT TO DEAL WITH U NO MORE, JUST GONE ABOUT YOUR WAY I CANT STAND U, BUT I LOVE U R-KELLY KEEP YO HEAD UP BABY IAM HERE FOR U BABY!!!!!!!!!!!!

Where did R Kelly's lawyer get his degree? I won't send anybody to that school. His client is guilty and needs professional help.
The girls parents should be on trial with R Kelly for letting their 13 year old hang out with a grown man.

Not just letting her daughter hang out with a grown man, but a man that already had a reputation for having sex with underage girls. I don't get why they haven't brought up the alya issue yet. He did married an underage girl.

Take a look at Lydia Neal's comment (in ALL CAPS btw) saying she still loves R Kelly despite his pedophilia. That is the reason why the girl's parents let her go with him when she was underage. Unfortunately the vast majority of people are mindless sheep who follow anything the media tells them to. Just because a person is a popular singer, athlete, actor etc. does not automatically make them a good or "cool" person underneath. The majority of people in this country are fools blindly following the crowd. Why do you think Oprah has such followers?!?!?!

As far as the lawyers not being smart, They are brilliant to turn it around and keep witnesses from testifying for fear of a conviction of themselves for filming or participating in such acts.

Very smart.

Henious and unconscionable, but smart.

But who said lawyers have morals?

The late singer/actress name is Aaliyah that he was reportedly married to. I just want to point out that R. Kelly is not the only man who alledgely had a relationship/sex with a minor. Can you say Elvis Presley, he was just smart and married her. If this did happened, where were her parents? I know you can't watch your children 24hrs a day, but come on. As for Ms. Sparkle(not), go and try to reclaim your career. This is about money and success which you have neither, so what you are going to get your revenge no matter what! R. Kelly, don't settle, let them know the bank is closed.

U.S. Constitution: Sixth Amendment

Sixth Amendment - Rights of Accused in Criminal Prosecutions

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

http://caselaw.lp.findlaw.com/data/constitution/amendment06/

he is a pedophile that has bought himself out of other charges before. just like micheal jackson did he will be found innocent because of his money and fame. if this was any normal citizen we would have been convicted and sitting in prison already. thsi man is a sicko that should be locked up with the rest of the pedophiles. what mother would let her 13 year old daughter hang with an older male that has money........a gold digger herself.

"Martin then claimed that Kelly had a Sixth Amendment right to call whatever witnesses he wanted."

U.S. Constitution: Sixth Amendment

Sixth Amendment - Rights of Accused in Criminal Prosecutions

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

http://caselaw.lp.findlaw.com/data/constitution/amendment06/

I really don't care if he did it or not. This type of situation happens everyday. Young girls sleeping with older men. Just because Kells is who he is that's what make it such a big issue. Somebody was hating and trying to get back at him. Hey, the girl seem to have enjoyed it. Let it be if you can't stop the rest of these men who are out doing the same thing.

that above comment is just awful....i cant believe this guy has the audacity to say she seemed to enjoy it....unbelievable...people today

I've seen the tape , the girl knew what she was doing.Kelly,Jackson and vick- all icons should stay out of the lime light and set examples. The big wigs are waiting for these people to do any little thing. Its not about sex its about blacks with power being brought down to show the world that their not worth looking up to. whites do the same things everyday but nobody says anything about it. everyone can act like they dont know if they want to but they know-- open your eyes and look @#% stop open your minds and pay attention.

check if the girl got paid she knew what was going on look if your smart enough to know that if you drink you act crazy but you still do it and then say i got drunk get real stop bull@#@#ing and go find ben and the drug dealers and killers that are looking you right in the face but you cant see them.

Woody Allen can sleep with his adopted daughter and nobody says anything, but Kells should be locked up for 15 years? Counseling but not jail.

First of all Franta and C. Preston are straight haters.To bring Oprah or Michael J. into this situation is rascist and uncalled for. Those are two very smart and intelligent black icons. R. Kelly is also truly a brillant man. He's an entertainer who's been taken advantage of by a one hit woman. She'll probally do better writing a book about how stupid she was for trying to frame R.kelly for her failure in life. LEAVE R. Kelly Alone. Sparkle and her cousins need to get a life. GOLD Diggers

this man is a sick individual , i have a 13 yr old daughter and it discusses me to think that any parent, or human for that matter would condone such behavior. he needs to beheld accountable for his repeated prey on minors.

this type of thing happens everyday r kelly is innocent until proven guilty i luv u r. kelly your music is raw. people always trying to bring people down when they are on top.i will be praying for u.what about all these other men do it they should put them on trial to. why do people wait for yrs to tell something when they cant have money?

This case is going in a direction it does not need to go in first of all we have a child who has been exploited R.Kelly yes have been known for messing wth underage girls but it takes two the female on the video was well aware of what she was doing no matter how old she was if R.kelly did this he needs to stop and get help he is a talented performer who need to relized the life he is living needs to change just like in his song he wrote "PRAYER CHANGES" to me all this is not worth being in the media this issue needs to be handle behind close doors and come to a resolution ..as far as SPARKLE yes I beleive she might be upset but to sit on the stand and say you knew abt the tape you should have stood up and talk to the young lady and let her know that was not a good thing fr her to be doing since she was a child and you should have stood up to R.Kelly if you felt that was him on the tape I'm sure you knew how to contact him if this issue bothered you that bad with being intimate with your so call relative ..I feel at this point the media need to step back and get to the truth and allow this man to deal with his own issue and relize all this drama is not worth it KELLY get back with your wife and family and grow up you have come to far to let something like this bring you down.

I could be a set up because "Sparkle" is angry that she did not earn any money off that video he did with her. He didn't have a legal obligation to give her any money because he owns the rights to that song.
She did a threesome with him & the alleged victim? She is guilty too. She introduced him to the girl, and did a threesome with them.
Also anyone owning a copy of that tape is guilty of possession of child porn.
It is a necessity to know how the person who turned the tape in obtained it & R Kelly has a right to face his accusers. That is law.
Remember the child rapist in Las Vegas that was recently put on the news & caught. He had sex with a little girl when she was 3.
The person who turned in the tape in that case was questioned, so why not the person who turned in this tape.
Fair is fair.
At least give R Kelly a right to a FAIR trial.
Even if he is found innocent in the court of law, the court of public opinion will still find him guilty like they did so many others before him which is sad.

R-Kelly was my favorite R&B singer. I know it is a big shock to everyone, but fans don't mistake it. I thought Sparkle was hating too, I was very disappointed when I saw the tape. At first, I was in denial, but when I got a copy of a clearer tape, my boy (R-Kelly) he spoke out! Why!!!!! Why!!!!!. I heard you, I know that voice, Oh! I believe I can fly, I said to myself. He is stupid, shut your mouth. I didn't want to see anymore. He needs to pray and ask for forgiveness. And to all of the mothers, just try and give your kids good advice, so they won't grow up too fast. I feel ashamed for those girls . I bet they can't read or write. They need education. I didn't see any protection being used. I will always love R-Kelly, but I will never forget what he has done or who he truely is. Besides, what kind of man gets their mom a $500 tombstone. Please don't show that tape, technology is a killer (guilty). They have the power to adjust that video and bring a voice adapter into the case. He's guilty. Don't worry Sparkle has her day coming as well, but as far as her hating, (I doubt it). She already had him. He can't handle real woman, he likes kids and any female that respects that is a nasty B_ _ _ _ _! True Talk Damn! at least wait until they turn 20 years of age, they are still young.

(He still is one of the best R&B singers around)

Who cares if he WAS one of the best R&B singers...what he did was abuse with a capital A! Child pornography...yes, he does need to pray and ask for forgiveness, behind bars which is where he belongs!

No matter what his fans say (and I used to like some of his music too, although some of it is was too sexually explicit for me) he is guilty as sin. Unfortunately for the victim in this case (who is obviously being influenced to lie by something or someone) money talks and RKelly will probably get off scott free just like OJ got away with murder. It has always been open season on black women in this country and this is no different. RKelly has shown a pattern of this sleazy and illegal behavior for years and gotten away with it. A REAL man would not even be attracted to a child aged 13 or 14. Sexuality begins in the mind and when your mind is sick, wharped and depraved like R Kelly's mind...this is what happens. He obviously can not relate to adult women and therefore is incapable of handling a full grown women. All the money in the world can not buy him class, character or dignity. No decent, self-respecting REAL woman would want a looser like RKelly.

Interesting that the Anonymous poster calls me "a straight hater". How can he/she say that when he knows nothing about my background? Just because I think R Kelly is a pedophile and needs to pay for it and feel that Oprah has strung along middle classs women throughout the country says nothing of being a "hater" just describing two people that I personally find offensive.

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R. Kelly on trial


The story of the allegations against R. Kelly started here in the Sun-Times. Almost six years later, it's now finally reached a trial.

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This page contains a single entry by Kim Janssen published on May 23, 2008 10:29 AM.

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