Jun 10, 2008 8:09 pm US/Central
R. Kelly Tells Judge He Will Not Testify
First Time Kelly Has Spoken At His Trial
CHICAGO (AP) ―
R. Kelly told the judge in his child pornography trial on Tuesday that he won't testify in his own defense, setting the stage for closing arguments later this week.
After Judge Vincent Gaughan explained to Kelly that he had a right to not testify, he then asked the R&B star with jurors out of the courtroom if he'd made a decision about whether to take the stand.
"I decided not to testify," said Kelly, addressing the court for the first time at the monthlong trial, his hands folded in front of him at the defense table.
Kelly, 41, has pleaded not guilty to charges that he videotaped himself having sex with an underage girl. Both Kelly and the alleged victim, now 23, have denied being on the tape.
Closing arguments are set to begin Thursday morning, with jurors possibly starting deliberations on a verdict later the same day. Kelly faces up to 15 years in prison if convicted.
Even as the trial draws closer to a verdict, Kelly appeared relaxed on Tuesday, at one point even shutting his eyes and taking a catnap in his courtroom chair as his lawyers spoke with prosecutors during a short break.
Also Tuesday, the judge ruled that jurors can view the sex tape once they begin deliberating.
Defense attorney Sam Adam Sr. had asked the judge to bar jurors from reviewing the graphic video, saying jurors might be lead to overemphasize the one piece of evidence -- entered into evidence by prosecutors as "People's Exhibit No. 1."
"People's Exhibit No. 1 is the actual nucleus of the case," prosecutor Shauna Boliker said Tuesday.
Prosecutors played the 27 minute tape in open court within hours of opening arguments, and the majority of the testimony from both the prosecution and the defense has focused on the video.
Gaughan agreed, but he added that he would instruct jurors before they begin deliberating that they shouldn't put undue emphasis on the tape alone to the exclusion of all other evidence.
Later in the day, a prosecution witness took the stand for a second time to rebut defense claims about the tape.
The defense and prosecution both have rested their cases but video expert Grant Fredericks' testimony is part of the prosecution's right of rebuttal.
A version of the video that the defense used in presenting its case was misleading because jurors saw it in a low-quality format, said Fredericks, who took the defense expert to task for his choice of formats.
"This is forensics video 101," Fredericks told jurors.
The defense argued that in their version of the tape there is no mole on the back the man who appeared, proving the man is not Kelly, who has a mole on his back.
But Fredericks said higher quality versions of the tape clearly show a mole on the man's back.
In cross-examination, Kelly attorney Ed Genson raised his voice as he grilled Fredericks, saying the prosecution expert had managed to locate an alleged mole on less than a quarter second of a nearly half-hour video.
"What you found after assiduously studying 96,000 frames -- you found what you were looking for on 17 frames," Genson said. "What you did is you took a third of a second and you made a production out of it."
The defense and prosecutors also sparred about who made certain copies of the tape and whether that may have undermined the defense's case.
At one point, the judge admonished prosecutors for a document read earlier in court that said Fredericks had verified the quality of one copy of the tape. Fredericks said Tuesday he hadn't.
"This is the rotten tomato in the barrel," a visibly angry Gaughan said, looking down from his bench at prosecutors. "How could you put that in the stipulation if you didn't know what you're talking about?"
The judge ordered prosecutors and defense attorneys to resolve the discrepancy about the copy among themselves, and they later told Gaughan they had come to an agreement. They didn't explain the agreement in open court.
Kelly's attorneys surprised courtroom observers by resting their case Monday. Over two days, Kelly's lawyers called 12 witnesses.
(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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