R. Kelly Trial Could Be Postponed—Again

Defense files for delay, citing need to respond to "torrent of publicity" surrounding the singer's case

By Natalie Finn May 07, 2008 10:47 PMTags
R.KellyAP Photo/Charles Rex Arbogast

Perhaps R. Kelly is hoping to wait until he isn't famous anymore.

With jury selection scheduled to begin Friday, the Grammy winner's legal camp filed a sealed motion Wednesday to postpone Kelly's upcoming trial on child-pornography charges, citing the "torrent of publicity" already surrounding the case, which has been marinating in the annals of the Chicago justice system for nearly six years.

Cook County Judge Vincent Gaughan has given prosecutors until Friday to respond to the defense's request. The trial is expected to last for several weeks, once it actually begins.

On Monday, the Illinois Supreme Court upheld Gaughan's earlier decision to deny the Associated Press and several Chicago news outlets access until after the trial to any sealed files pertaining to the case, which stems from the 41-year-old Kelly's alleged sexual encounter with a 13-year-old girl captured on a 15-minute videotape sometime between 1998 and 2000.

In its bid for more time, Kelly's team pointed to the widespread media coverage of Gaughan's decision to let a third woman testify that she had a threesome with the R&B singer and the alleged victim—who's now 23 and is reportedly denying that it's her on the tape.

All hearings regarding the new potential witness were closed off to the press, but, despite a gag order imposed on the proceedings, sources with "knowledge of the matter" inevitably leaked the details to the Chicago Sun-Times.

"We are asking your honor to continue the case in light of the torrent of publicity over the weekend, specifically the front page of the Sun-Times, articles on pages 3 and 15, along with three pictures of Mr. Kelly and quotation of sources about leaked information,” Kelly attorney Marc Martin said in court today. “We ask also that court allow us to respond to the press about these matters."

Kelly, who was charged in 2002, has pleaded not guilty to child-porn charges that could land him behind bars for up to 15 years and, in case you couldn't tell, waived his right to a speedy trial.

Since a grand jury handed down an indictment, more than 60 pretrial motions have been filed by both sides, the judge has needed time off to recover from a broken back, the lead prosecutor gave birth, Kelly had his appendix removed and the singer's in-demand lawyers have been off defending others.

And, remaining free on $750,000 bail, Kelly has kept busy performing and recording.