11/03/07 (IL):
Judge Says No To Proposed Expert Testimony In Kelly Case
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As a follow up to the R.Kelly story (X-Pro News, October, 2007), prosecutors have now failed in their bid to call a potentially crucial expert witness.
The alleged victim in the case, according to the prosecution, may have been as young as 13 when R & B star Kelly, 40, had sex with her, which he video taped. She is now an adult and has since testified before a grand jury that she is not the person in the video.
However, prosecutors sought to circumvent this problem by explaining it away through calling a forensic pediatrician. It was proposed that her testimony would set out for the jury reasons why such victims often deny participation in pornographic material. Such testimony would be similar to evidence pertaining to rape cases where the behavor of a witness - perhaps in meeting the perpetrator again, or not reporting the crime until much later - are explained to a jury by the expert.
However, Judge Vincent Gaughan ruled that the expert's testimony was inadmissible because it would have directly called into question the credibility of the alleged victim's grand jury testimony, and this was not permissible under State law.
It is still not clear whether the Defense will call the girl as a witness - prosecutors have stated that they will not, perhaps for obvious reasons.
A further hearing will take place in December relating to the 'hand ID issue' reported in our October edition (see above).
© X-Pro 2007
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