Aug 21, 2007 4:28 pm US/Central
Prosecutors: Hands Critical In R. Kelly Case
Rapper Goes On Trial Next Month
CHICAGO (CBS) ―
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Prosecutors say the veins in R. Kelly's hand will prove he's the man seen on videotape having sex with an underage girl.
Scott Gries/Getty Images
Four weeks before R&B singer R. Kelly goes on child for child pornography charges, prosecutors say veins in the rapper's hand will prove he's the man caught on tape having sex with a 14-year-old girl.
During a pre-trial motion hearing Tuesday, prosecutors said they want to bring in an expert witness who has examined the vein patterns of the hand of the man in the videotape and says it is consistent with Kelly's hand. Defense attorneys said this is bad science and not as conclusive as using fingerprints. Judge Vincent Gaughan put off a ruling on the prosecution's motion to bring in this witness.
The alleged victim, who is now 23 years old, has refused to admit she's the person on the tape and is not cooperating with investigators. Prosecutors want to use an expert who will testify that it's not unusual for the victim of child pornography to hide or lie about the fact that they have been victimized. The defense argued the expert's theory is just an opinion and not backed up by science. The judge also delayed ruling on this issue. However, Judge Gaughan did rule that the state cannot call the woman from the tape a "victim" since she is not cooperating. They must call her the "state's witness" or "alleged victim."
Prosecutors will be allowed to show part of the videotape which allegedly shows Kelly urinating on the teen. Kelly's attorneys argued against that saying the "act" is too prejudicial, but the judge said the state has a right to present all of its evidence.
Kelly was in court for Tuesday's hearing. Under the terms of his bond, he's required to appear in person for all court proceedings. He sat stone-faced and quiet during most of the hearing.
Kelly is scheduled to go on trial September 17 to face 14 counts of child pornography for allegedly videotaping himself having sex with the underage girl. Kelly has pleaded not guilty. The singer-songwriter, who has sold 37 million albums, faces up to 15 years in prison if convicted.
Judge Gaughan is expected to issue rulings on pending motions at the next hearing on September 10.
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