R. Kelly's attorneys have asked the trial judge to compel Cook County prosecutors to file criminal charges against one of their own witnesses, according to court records.
The prosecution Friday submitted a response to the defense motion, which was originally filed under seal. There was no discussion about the matter in open court and the witness' identity was not revealed.
A gag order in the case prohibits both the defense and prosecutors from speaking with the media.
Cook County Judge Vincent Gaughan met behind closed-doors with both sides for nearly 30 minutes Friday. He later said the secret discussions involved upcoming testimony and what evidence would be allowed.
Gaughan has defended the private proceedings, saying publicity surrounding the case and the release of inadmissible evidence would deny Kelly a fair trial.
Kelly's attorneys also argued a motion Friday that seeks permission to subpoena Sun-Times music critic Jim DeRogatis, who gave police the videotape at the heart of the case.
The defense wants to ask DeRogatis about what he did with the tape while it was in his possession and whether he made a copy that he later showed to sources.
Stephanie "Sparkle" Edwards, a former Kelly prot�g� and relative of the alleged victim, testified DeRogatis showed her the tape in January 2002. The defense contends the screening took place after DeRogatis provided the video to authorities.
Gaughan has repeatedly said copying and playing child pornography when the newspaper knew police were investigating the matter could be a felony.
"I don't think it's an action protected by the 1st Amendment," the judge said Friday.
Sun-Times attorney Damon Dunn said that no one has proven DeRogatis made a copy of the sex tape or played it for Edwards after police became involved. Dunn suggested the defense wants to call DeRogatis as a witness so they can accuse the music critic--who wrote several articles about Kelly's relationships with underage girls--of having a vendetta against Kelly.
"They'd much rather try a reporter than their own defendant," Dunn said.
Stacy St. Clair
May 23, 2008 5:38AM: 5 things you never knew about R. Kelly
Before the R. Kelly trial breaks for the holiday weekend, attorneys will be back in court this morning to take care of some housekeeping matters out of the jury's presence. We'll be back with any updates before noon.
It certainly has been an interesting first week, one filled with a sex tape, forgetful witnesses and Stephanie "Sparkle" Edwards' dazzling testimony. Still, few things made a bigger impression on us than the odd tidbits we learned about the R&B superstar.
Here are five things we never knew about Kelly before his child pornography trial:
•He does a mad Marlon Brando impression: Edwards testified that Kelly loves "The Godfather" so much, he often puts a ball in the side of his mouth and quotes lines from the 1972 classic. His frequent Brando-as-Don-Corleone impressions prompted Edwards—and later his alleged victim—to refer to him as "godfather."
•He really, really, liked "Space Jam": Kelly's popularity soared in 1996 when he released "I Believe I Can Fly," the theme song to Michael Jordan's live action/animated film, "Space Jam." The singer, it seems, memorialized the movie in a series of murals on the walls of his basement basketball court. According to testimony, the murals featured cartoon characters such as Porky Pig, Daffy Duck and Bugs Bunny. The centerpiece was a painting of Kelly hooping it up against the Tasmanian Devil, with Jordan serving as the referee.
•He forces his basketball buddies into involuntary servitude: Kelly's attorneys revealed that when Kelly is recording an album he keeps his "hangers-on" in the studio at all times in case he feels like playing basketball.
•He might want to see a dermatologist: Simha Jamison, former best friend of Kelly's alleged victim, gave the singer some unsolicited medical advice when she testified against him. Asked to examine a photograph of Kelly's bare torso, Jamison expressed concern over a dark mole on his lower back. "It could be a cancerous mole," said Jamison, an Oak Park hairstylist. Kelly grimaced, then laughed—his first and only guffaw during the first three days of testimony.
•He enjoys a good after-hours prayer session: Kelly's attorneys suggest that a prayer group called "Midnight Missionaries" often came to the studio in the wee hours to pray about topics such as "sin and adultery."
