May 20, 2008 10:00 am US/Eastern
Opening Statements To Kick Off R. Kelly Trial
Raunchy Videotape Central To Prosecution, But May Not Be Slam Dunk
CHICAGO (CBS) ―
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If prosecutors can prove a videotape features R. Kelly and an underage girl, the R&B superstar's child pornography trial could end with him receiving a lengthy prison sentence.
AP
Opening statements in the R. Kelly child pornography trial begin Tuesday morning, six years after he was first indicted for a videotape prosecutors claim shows him having sex with a girl as young as 13.
Kelly, who won a Grammy in 1997 for the gospel-like song "I Believe I Can Fly" but whose biggest hits are sexually charged songs like "Bump N' Grind" and "Ignition," has pleaded not guilty. He faces up to 15 years if convicted.
CBS station WBBM-TV in Chicago reported Kelly, 41, attended each day of jury selection, facing the people who will hear the case.
The jury is composed of eight whites and four African-Americans, with two black alternates, one Latino alternate and one white alternate.
During jury selection, defense attorneys objected several times as prosecutors used challenges to have several blacks dismissed from the jury pool. Prosecutors fired back, telling Cook County Criminal Court Judge Vincent Gaughan the defense had used all their peremptory challenges on whites.
Among the jurors are a woman who is a is a rape victim, a Baptist preacher's wife, a business executive who said during jury selection he had thought Kelly was guilty, and a father who says child pornography is as low as it gets.
Another of the people to sit on the jury was a 68-year-old man who immigrated from Communist Romania 38 years ago. He praised the U.S. justice system, saying he understood the accused are presumed innocent.
A young man named as an alternate told the judge that pictures don't always reveal the whole truth of a situation. When the young man was being interviewed, Kelly looked up and nodded his head in agreement.
The prosecution and defense fought to get sympathetic personalities on the jury.
"The defendant wants people who have been arrested and who are angry at the law and who don't think that they get a fair shake," said jury consultant Theresa Zamboli. "The prosecutors want people who are authoritarian. They want people who know from experience, have been taken advantage of; victims, people who are angry."
The 26 minute footage which was allegedly made about a decade ago will be central to the prosecution's case. But as convincing as videotape evidence can be, it doesn't appear to be a slam dunk for the prosecution in this case.
The tape shows a man prosecutors say is Kelly engaging in sex acts with and urinating on the young girl. He refers to the girl who allegedly appears as his "god-daughter" on the album liner notes of his "TP2.com" album. Her father played bass for Kelly.
The biggest challenge for prosecutors is that the person they identify as the victim, now 23, denies it's her. So prosecutors will be in the extraordinary position of having to show that the alleged victim is lying.
It's unclear if prosecutors will show the videotape within the first few days, then build a case around it, or if they'll lay out the case, then show it weeks later in a high-drama point that they hope will clinch a conviction.
Prosecutors say the videotape was made between Jan. 1, 1998, and Nov. 1 2000. Someone sent the videotape to the Chicago Sun-Times in 2002, and the newspaper then turned it over to authorities; Kelly was indicted later that year.
The defense is likely to try and raise doubts that the man in the videotape is Kelly, perhaps by reviving a claim that his likeness could have been computer generated. They're also likely to challenge the assertion that the girl is under age.
The other key figures in the trial include Judge Vincent Gaughan, a 66-year-old Vietnam veteran who has made it clear he won't let the case descend into a celebrity circus.
His obsession with keeping control of the proceedings have occasionally verged on quirky.
During a hearing on Friday, Gaughan held up a plastic bag in court with pieces of chewed gum he said had accumulated under the rows where the press sits during jury selection.
"Don't stick gum on the benches," he said. "Actually, it's a crime."
The defense is led by 66-year-old Ed Genson, highly sought by the rich and famous for his persuasive powers with jurors. The gray-bearded Genson suffers from a neurological disorder that forces him to walk as if he had a severe hip injury, and he often uses a motorized scooter. He's known to adopt a gasping, stammering air that masks the wiles of a shrewd tactician.
Shauna Boliker, 48, is expected to take the lead for the prosecution. The mother of three had her latest child only last year, which contributed to delays in Kelly's trial. She has prosecuted several high-profile cases, including against Rev. Daniel McCormack, a Catholic priest who pleaded guilty last year to abusing five boys.
Opening statements are expected to begin at 11 a.m.
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