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Dec 21, 2007 5:07 pm US/Central

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R. Kelly Court Date Finally Set For May 9th

Judge Allows R&B Superstar To Remain Free On Bond

Reporting
Dorothy Tucker

CHICAGO (CBS) ― For R. Kelly, the show will go on.

Friday, a judge decided not to revoke the singer's bond, so he will take the stage in Chicago Friday evening. But as CBS 2's Dorothy Tucker reports R. Kelly has to agree to do something he's admitted he's afraid of, in order to keep his freedom.

When R. Kelly first walked into court Friday morning it was unclear if he would walk out.

Kelly faced jail after missing a court date on Wednesday in his child pornography case. Friday, in court, state prosecutors argued that Kelly should have his $750,000 bond revoked for disregarding his commitment.

But Kelly's defense lawyer Ed Genson argued that until this week, his client had appeared for each of his 107 court dates. He then explained that the singer was traveling from Sacramento by bus when the bus driver was stopped in Utah for speeding and delayed for several hours. When Kelly's tour bus was stopped on Tuesday, police examined the bus's log book, and discovered it didn't document enough rest time for the driver and ordered it to stop.

This was the delay that caused Kelly to miss his Wednesday morning court appearance.

Genson argued that Kelly had no choice but to stay with the bus because, "he won't get on an airplane; he even took a boat once to Europe," Genson said.

Kelly's fear of flying didn't fly well with Judge Vincent Gaughan, who said the only reason he wouldn't revoke Kelly's bond he because it would mean cancelling a number of Kelly's tours, disappointing fans and putting people out of work.

He avoided immediate arrest by showing up in court on Thursday. Kelly apologized for the incident, saying "I'm sorry for this whole thing and next time I will get on a plane if it comes down to it."

The judge's decision was good news to Chicago fans because it means Kelly can perform tonight at the United Center.

However, fans who spent money on R. Kelly tickets for a concert on January 13 in Hampton, Virginia will be very disappointed. Kelly is due back in court on January 14 and to make sure he shows up, the judge ordered him to cancel his tour the day before.

After years of delays and legal maneuvering, Judge Gaughan set May 9 as a trial date for R. Kelly's child pornography case. The 40-year-old singer, whose full name is Robert S. Kelly, is charged with child pornography for allegedly videotaping himself having sex with a girl estimated to be 13 or 14.

The Associated Press contributed to this report.

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