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Jury Selection Begins In R. Kelly Child Porn Trial

Defense Sought Postponement Due To Media Coverage; Jury Selection Set To Begin

CHICAGO (CBS) ― A judge on Friday denied a motion to delay the child pornography trial of superstar R&B singer R. Kelly, clearing the way for jury selection to begin.

When R. Kelly walked into the criminal courthouse Friday morning his attorneys tried once again to postpone his child pornography trial. Their latest request for a delay focused on the morning's Sun-Times and its front page story about a Kelly trial witness being paid off.

Kelly's attorneys argued that the story made it difficult for their client to get a fair trial.

CBS 2 legal analyst Irv Miller agrees the article is damaging.

"All these jurors showed up today and walked into the courtroom with a Sun-Times in their hands. And when you read the articles, that's not something you want your client to have to face a juror that's read that because they have preconceived opinions."

The unprecedented security included a coral for cameras, tight restrictions on reporters and controversial secret proceedings to keep from influencing prospective jurors.

"Part of their job is to ignore what they knew before and base their judgment on the evidence and we know from study after study, that's exactly what they try to do," said Northwestern University Law School Professor Ron Allen.

But the judge denied the motion, and began the process of picking a jury. In court, some 150 potential jurors heard graphic details of the 14-count indictment against Kelly. 

There was another controversy at the trial Friday when reporters were kept out of the courtroom during jury selection. A sheriff's spokesman later called it a mistake caused by first day jitters.

The charges were brought six years ago against the 41-year-old R&B superstar, whose full name is Robert S. Kelly. The trial has been delayed numerous times.

The video around which the case revolves 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.

Out of an original 21 counts of child pornography against Kelly, 14 remain. The singer-songwriter, who has sold 37 million albums, faces up to 15 years in prison if convicted.

No one, except the attorneys, had until now read the 6-year-old indictment of Kelly until Friday. Each sexual act performed while the camera rolled is the basis of a separate child pornography count.

Prosecutors will have to surmount several hurdles if they hope to prevail.

Chief among them is that the alleged victim, now 23, says it wasn't her. And Kelly's lawyers -- including prominent Chicago attorney Ed Genson -- haven't admitted it's Kelly in the video.

But last weekend, a woman claimed she was a witness to the encounter, and participated in three-way sex with Kelly and the alleged victim.

The centerpiece of the trial is the video footage, which Gaughan ruled may be shown in open court.

Prosecutors claim the videotape was made sometime between Jan. 1, 1998 and Nov. 1 2000, and that the girl was born in September 1984. Kelly was indicted on pornography charges June 5, 2002, after the tape surfaced.

People who have seen the video say it is damaging evidence.

It is unclear whether prosecutors have asked -- or would be allowed -- to tell jurors about accusations that Kelly allegedly had sexual relations with other minors as some recent news reports indicate, because some of the trial proceedings have been kept secret by the judge.

The jury will decide who to believe and Miller says each side will try and pick jurors who will support their arguments.

"The defense is gonna want to have people who can analyze the evidence, are looking for holes in the state's case," Miller said.

Prosecutors, on the other hand, are looking for blue collar jurors who are not swayed by Kelly's celebrity.

"They want people who are going to be outraged by what they see and sign the guilty verdict," Miller said.

When Kelly arrives at the Cook County Criminal Courthouse, at 2600 S. California Ave., he has a specifically designated route to follow and enters through a specific front door. Security at the courthouse is much tighter than usual, with county sheriff's police officers on foot and bicycle, and guard dogs patrolling the perimeter. There are also special restrictions for the media.

The gaggle of people awaiting his arrival greeted him with bouquets and brickbats.

Some fans defended Kelly as innocent.

"He's not guilty at all!" said Angieniki Ford. "They just want to bring him down to kill his image, or who he is."

But concerned father Najee Ali did not agree.

"Unfortunately, we live in a star-struck society, where many fans will come out and support celebrities," Ali said. "But as I said before, men are taking a stand, because if we can't show that our daughters and our children – we support them – then who's going to do that?"

Another protester said he wasn't impressed by Kelly's fame or musical talent.

"He's got great music. So what?" said Dwight Taylor, 52, of Gary, Ind.

Although he won a Grammy in 1997 for the gospel-like song "I Believe I Can Fly," Kelly's biggest hits are sexually charged songs like "Bump N' Grind," "Ignition" and his current single, "Hair Braider." He is due to release a new album in July.

CBS 2's Joanie Lum, Dorothy Tucker and Jay Levine, the Associated Press and the STNG Wire contributed to this report.

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