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Jury Acquits R. Kelly In Child Sex Trial

As Tears Rolled Down His Face, Singer Kept Repeating 'Thank You, Jesus' As Verdict Was Read

CHICAGO (CBS) ― R. Kelly has been acquitted of child pornography charges that he appeared on a videotape having sex with a girl as young as 13.

The jury read the verdict shortly after 2 p.m., clearing the R&B superstar of all 14 counts.

Kelly's Attorney Ed Genson said the defense team is "ecstatic." Kelly held his attorneys' hands as the 14 not-guilty verdicts were read and tears rolled down his face.

Defense attorney Sam Adam Jr. said all he heard from Kelly during that time was "Thank you, Jesus. Thank you, Jesus. Thank you, Jesus."

Minutes later, surrounded by bodyguards, the South Side native left the courthouse with dozens of fans screaming and cheering as he climbed into a waiting SUV.

Kelly did not speak to reporters, but a spokesperson for the singer, Allen Mayer, relayed the message that he was grateful to the jury and grateful to God.

"This has been a terrible ordeal for him and his family," Mayer said. "And at this point all he wants to do is move forward and try to put it behind him."

"He's gonna have more to say about all this very soon, but for right now he needs a little time to be with his family, to collect himself and get strong again," Mayer said.

Assistant Cook County State's Attorney Shauna Boliker would not say she was disappointed with the decision, saying a successful prosecution requires "the heart of the victim."

Kelly's defense team said the alleged victim's absence helped acquit the singer.

"Because there was no victim. That's the point. There is no victim. And the fact of the matter is there wasn't a victim on that tape," Genson said.

Prosecutors said they did not call the alleged victim to the stand because they did not want to put her through any more trauma.

"This case was decided on the lack of evidence by the state. The defense could have rested at the end of the state's case and I think this verdict would have been the same," said CBS 2 Legal Analyst Irv Miller.

Jurors -- who deliberated for three hours Thursday after closing arguments and for about four hours on Friday -- said they remained sharply divided through Friday morning. A vote they took just a few hours before the acquittal had seven jurors voting not guilty and five voting guilty.

Several jurors said one weakness in the prosecution's case was that neither the alleged victim nor her parents testified.

One juror said he just was not sure the female was who prosecutors said she was or that she was a minor.

One of the jurors says the decisive issue was the identity of the alleged victim in the sex tape at the heart of the case.

He says the jurors couldn't be sure it was who prosecutors said it was -- and therefore couldn't be sure if she was underage.

One juror who said he initially voted to convict said he remained convinced the man on the tape is Kelly. But he says his doubts grew during deliberations about the identity of the female.

"What we had wasn't enough," said the juror, who declined to give his name.

In regards to the absence of the alleged victim Boliker said, "They may not want to come forward because of the shame because of the humiliation and again, if this prosecution has to go by the wayside like this so that the world understands that this is what children and teenagers go through because of this, then so be it."

Asked by reporters after the trial who the female in the sex tape was if not the alleged victim, Adam responded: "If you find that out, let us know."

The verdict brought to an end a criminal case that has been pending for six years. Kelly had argued from the beginning that he was not the man on the video, and the alleged victim said she was not the one who appeared either.

The graphic, sordid video shows the female dancing and urinating on the floor in the man's direction. The man then has sex with and urinates on her.

Prosecutors say the videotape was made between Jan. 1, 1998, and Nov., 1, 2000.

Chicago Sun-Times rock critic Jim DeRogatis received the video anonymously in 2002 and turned it over to police. The tape resulted in the charges against the singer, now 41, whose full name is Robert Sylvester Kelly, but it took six years for the case to go to trial.

Kelly was defended by high-profile local attorneys, including Genson, who is often sought by the rich and famous for his persuasive powers with jurors, and the father-son team of Sam Adam Sr. and Jr.

Cook County Assistant State's Attorney Shauna Boliker took the lead for the prosecution. She has prosecuted several other high-profile cases, including against Rev. Daniel McCormack, a Catholic priest who pleaded guilty last year to abusing five boys.

The trial was a string of dramatic moments.

A star prosecution witness, Lisa Van Allen, testified that she'd had a sexual liaison with Kelly and the alleged victim. The defense called a mystery defense witness who was supposed to impeach her testimony and argue that she had tried to extort Kelly, but he never testified.

After that, DeRogatis was called to testify, prompting a legal battle to prevent it. Judge Vincent Gaughan threatened to arrest DeRogatis after he did not appear in court. DeRogatis received the sex tape anonymously in 2002, and turned it over to police.

Finally, DeRogatis cited the Fifth Amendment against self-incrimination and declined to testify. Attorneys had said he might be accused of child pornography for possessing and viewing the tape.

Over seven days presenting their case, prosecutors called 22 witnesses, including several childhood friends of the alleged victim and four of her relatives who identified her as the female on the video. Some said she had referred to Kelly as her "godfather."

In just two days, Kelly's lawyers called 12 witnesses. They included three relatives of the alleged victim who testified they did not recognize her as the female on the tape.

During deliberations, the jury spent a night in a hotel after not reaching a verdict within the first afternoon. Early indications suggested disagreement about Van Allen's testimony about her alleged tryst with Kelly and the alleged victim.

The jury asked Judge Vincent Gaughan for a transcript of her testimony. Gaughan initially denied the request, but later told attorneys to have the transcript ready on Friday.

Kelly won a Grammy in 1997 for "I Believe I Can Fly," and is known for such raunchy songs as "Bump N' Grind" and "Ignition," and for "Trapped in the Closet," a multipart saga about the sexual secrets of a lively and ever-expanding cast of characters.

The Associated Press contributed to this report.

(© MMVIII, CBS Broadcasting Inc. All Rights Reserved.)


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