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Apr 24, 2008 12:51 pm US/Central
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Challenge To Gag Order Unsettled In R. Kelly Case
Tribune, Sun-Times Want Transcripts From Closed Proceedings, End To Order Effectively Barring Attorney Comments
CHICAGO (CBS) ―
A legal challenge to secrecy measures imposed in the R. Kelly child pornography case remains unsettled, but the judge in the case is allowing the Chicago Tribune and Sun-Times to move forward with the challenge.
In court Thursday, Judge Vincent Gaughan gave the Tribune Company and Sun-Times leave to intervene in the criminal case so their attorneys could make a motion to have transcripts of hearings closed to the public unsealed, prosecution spokesman Terry Sullivan said.
The newspapers have also asked Gaughan not to close future proceedings and to lift an order that effectively bars lawyers from talking about the case.
"The public's rights of access to court proceedings are firmly rooted in the common law and the First Amendment," lawyers for the newspapers wrote on Wednesday.
Gaughan gave the prosecution and defense time to respond to the newspapers' motion, and scheduled another hearing for 10 a.m. May 8, Sullivan said.
In discussing the motion, Gaughan said all transcripts of closed-door proceedings will eventually be released to the public. He also said since the order barring most comment on the case has existed for a year, the motion filed by the newspapers would not be treated as an emergency motion.
The singer, 41, 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. Kelly, of Olympia Fields, has pleaded not guilty. Jury selection starts May 9.
The information under seal includes an April 1 filing in which prosecutors sought to bring in evidence of other alleged crimes by Kelly.
The R. Kelly case has been pending since June 2002, and his trial has been delayed for several months. On Wednesday, a move by a renowned criminal defense attorney created a situation that could delay it again.
Attorney Sam Adam fired a legal salvo at Judge Vincent Gaughan over the judge's refusal to let Adam be part of Kelly's defense team.
In papers filed Tuesday, Adam asked the Illinois Appellate Court to stay Kelly's trial -- now scheduled to start May 9 -- until it rules on whether Adam can represent the R&B singer.
Kelly's defense team now includes Ed Genson and Marc Martin, as well as Adam's son Samuel E. Adam. Another of Kelly's lawyers, R. Eugene Pincham, recently died.
In his court filing, Adam said he balked at Gaughan's insistence he sign an order agreeing to reinterview witnesses before trial. Since Adam would not sign it, Gaughan refused to let him participate in the case.
Adam called Gaughan's rules "an unwarranted and unconstitutional interference" with Kelly's right to counsel.
"A judge of the Circuit Court has no authority to promulgate special rules and regulations," Adam wrote.
Kelly, 41, is charged with child pornography for allegedly videotaping himself having sex with an underage girl. Kelly, of Olympia Fields, has pleaded not guilty.
Adam, 72, has defended many high-profile clients, including former U.S. Rep. Mel Reynolds (D-Ill.) and car dealer Bruno Mancari.
The STNG Wire contributed to this report.
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