"Mole" defense mirrors O.J. Simpson's glove defense.

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A dramatic and unorthodox moment in the colorful opening statement of Kelly's attorney, Sam Adam Jnr., was his use of photographic evidence that had not yet been admitted.

Opening statements are usually just that — statements, made without the use of visual aids or evidence. And as the judge has several times reminded the jury, opening statements cannot be considered as evidence.

But on Adam's cue, a fellow defense attorney hit a button which showed the jury a picture of Kelly's back on a giant screen. The picture, which showed a small mole on Kelly's lower back, was taken by Chicago Police following Kelly's arrest, Adam said.

Kelly has had the mole "since childhood - he didn't pull a David Copperfield," Adam said. "Did the man in the tape have a mole? Because if he doesn't, it's not Robert Kelly."

He said that at one point on the tape the man who appears to be Kelly shows his back, and that no mole is visible.

"That means one thing: either Robert isn't the man on that tape or he is some kind of a magician because he doesn't have (the mole) on that tape."

It's not quite as catchy as Johnny Cochrane's famous refrain from the O. J. Simpson trial, "If it doesn't fit, you must acquit," but Kelly and his attorneys are clearly hoping it proves as significant.

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This page contains a single entry by Kim Janssen published on May 20, 2008 2:57 PM.

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