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The high-profile pornography trial of R&B sensation R. Kelly continues to unfold in Chicago where the prosecution was moving methodically through it’s case Wednesday until defense witnesses told the judge of a call from a previously unknown man who could challenge the credibility of the prosecution’s star witness. Kelly is pictured here outside the courtroom during an earlier portion of the trial. (Photo by Worsom Robinson of the Chicago Defender/Real Times News Service.)
The jury in the R. Kelly trial got a second viewing Thursday of the nearly half-hour sex tape that is a key element in the R&B star’s child pornography trial. And this time there was a frame-by-frame analysis from a video expert.
The slow-motion screening put on by the prosecution was designed to reveal what the defense said in opening statements would be absent -- a dark spot on the lower back of the man in the video.
The testimony by video forensic expert Grant Fredericks is part of the prosecution’s effort to shatter defense claims that Kelly is not the man in the tape because Kelly has a mole on his lower back.
Fredericks showed portions of the tape, and when frozen, a dark mark is visible near the area where Kelly has a mole, about three centimeters in diameter, on his lower back. The mark was compared to Kelly’s mole, as depicted in police photos taken after his arrest in 2002.
"There is a mark on this man's back in the exact same position," Fredericks said.
Kelly, a 41-year-old Chicago native, whose birth name is Robert Sylvester Kelly, has been on trial since May 20. The Grammy Award winning artist was indicted in 2002 on 14 counts of child pornography for allegedly filming himself between 1998 and 2000 having sex with a minor. He and the alleged victim denied being in the video.
Each count is a Class 1 felony, and non-probational, meaning, if convicted he will have to serve time. Kelly faces up to 15 years in prison, if convicted.
On cross-examination, Ed Genson, Kelly's lead counsel, implied that the mark was not a mole, but a technical flaw on the video.
"And we're supposed to believe that this is the mole? Would you agree that that mark could be an artifact and not a mark on his back at all?" Genson asked Fredericks.
Fredericks responded, "Absolutely not. It tracks with him and moves with his body on multiple images."
Genson also hinted that Kelly's image might have been computer-generated.
Fredericks disagreed, saying it would be "impossible" to digitally manipulate the video without detection.
At 60 images per second, someone would have to separately change about 96,000 frames on the 27-minute tape -- taking decades to accomplish, he said.
"There's nothing fabricated about the events we see here," Fredericks said.
In earlier testimony, FBI video forensic expert George Skaluba said the tape was of poor quality due to its multiple reproduction, but believed it was not altered in any way.
While it is possible to modify the video, it would be too "time consuming" to do so, he said.
The prosecution's star witness, Lisa Van Allen, is expected to take the witness stand next week, several days after originally scheduled. The Atlanta resident claims to have had group sex with the superstar and the alleged victim.
Van Allen's testimony was stalled after Damon Pryor, the father of her daughter, was abruptly added to the defense's witness list.
Pryor called the defense Wednesday morning with information that could impeach Van Allen's testimony. He arrived in Chicago later that night to meet with the defense, and for prosecutors to take his deposition Thursday before she testified.
The deposition did not go smoothly.
Pryor refused to give his Social Security number, prosecutors said Thursday, citing an invasion of privacy. Cook County Circuit Court Judge Vincent Gaughan ordered Pryor to provide the information, or face sanctions.
Testimony resumes June 2.
(Kathy Chaney reports for the Chicago Defender)
R. Kelly trial surprise: Call from mystery man prompts defense to seek interview time
Testimony in the R. Kelly child pornography trial was cut short Wednesday afternoon after a man called the defense earlier that day with information that may challenge the credibility of the woman who was expected to testify the same day that she had a three-way sexual encounter with Kelly and the alleged victim.
As the court recessed for lunch shortly before 1 p.m., Cook County Circuit Court Judge Vincent Gaughan said Sam Adam Sr., one of Kelly’s defense attorneys, informed him that a man called with information that the defense needs to hear before the prosecution’s star witness testifies.
Adam said the addition of a defense witness was not planned and that time was needed time for an interview.
The witness was expected to arrive in Chicago tonight.
“I have no idea what’s going on,” Gaughan said. “It might be impeachment of the “prosecution’s” witness.”
The defense made a failed attempt to prevent the woman from testifying after information came to light about her during closed-door hearings in April. The woman, an Atlanta resident, was expected to testify Thursday.
Kelly, 41, is charged with 14 counts of child pornography for allegedly filming himself and a minor – between 1998 and 2000 – having sex. He and the alleged victim denied being in the video. The Chicago native faces up to 15 years in prison if convicted.
(This story reported by Kathy Chaney of Real Times News Service.)
Fourteen witnesses for the prosecution have been heard by the jury since testimony began May 20 in the child pornography trial against R&B star R. Kelly. Twelve have identified the alleged victim.
All witnesses called by the prosecution were taken to a conference room in the Cook County State’s Attorney’s office and were shown a sexually explicit 27-minute videotape moments before taking the witness stand.
Kelly, whose birth name is Robert Sylvester Kelly, was indicted in 2002 on 14 counts of child pornography. He has been accused of filming himself, between Jan. 1, 1998 and Nov. 1, 2000, having sex with an underage female.
The alleged victim, who would now be 23 years old, denies being in the video, and so does Kelly. The Chicago native’s plea is not guilty. If convicted, he faces up to 15 years in prison.
Here is a wrap-up of witness testimony:
Retired Chicago
Det. Dan Everett:
In February 2002, he and his partners went to the Chicago Sun-Times to get a videotape from a reporter who had received it anonymously. Everett said once he saw the tape, he knew the female in the video was a minor because he questioned her about two years prior for another investigation.
Peter Thomas:
Identified the female on the tape as the childhood best friend of Simha Jamison, a 24-year-old woman for whom he had been legal guardian. He heard rumblings throughout Oak Park that a tape was circulating that involved the alleged victim and allegedly R. Kelly having sex. Thomas then discussed it with Jamison and other parents who knew the alleged victim.
Simha Jamison:
Identified the female on the tape as her childhood best friend. She said the female’s hairstyle — a mullet — was a telling factor in her identification as well as some of her mannerisms. Jamison and the alleged victim had that matching hairstyle. Jamison saw Kelly dozens of times, including at his home, two music studios and Hoops Gym. R. Kelly often gave the alleged victim money, because he was considered her godfather, and Jamison also received $100 from Kelly for her 13th birthday. Jamison said she never saw anything inappropriate between Kelly and the alleged victim.
Bennie Edwards Sr.:
Identified the female on the tape as his niece. He often answered the defense’s questions with “I don’t recall.” He initially said he viewed the tape for the first time a few minutes before he testified. On cross-examination, he was asked if he remembered telling the grand jury that he saw the tape. Edwards said yes, then no, then yes, then finally, “I don’t recall.”
Chicago Police Officer
Delores Gibson:
Identified the female on the tape as her former niece. Gibson is the ex-wife of Bennie Edwards Sr. Gibson said she became aware of the videotape through her then-sister-in-law, Stephanie “Sparkle” Edwards. Edwards brought the tape to Gibson’s home and they both viewed it. Once it was over, Gibson said Edwards took the tape with her. Gibson then suggested to the alleged victim’s parents that they contact an attorney. The defense asked Gibson why she did not uphold the law and confiscate what she thought was child pornography and take it to the authorities. Gibson said the matter was sensitive and she did what she thought was best at the time. The defense accused her of taking part of a scheme to extort money from Kelly. She denied the accusations.
Mary Kay Jerit:
Identified the alleged victim as the childhood friend of her daughter Aubrey Hampton. She also mentioned the “mullet” hairstyle. Jerit works for the Department of Children and Family Services. Jerit heard rumors in the west suburbs that a tape was floating around depicting her daughter’s friend and allegedly R. Kelly having sex. She later found an unmarked videotape in her daughter’s room and watched it. Once she saw that it was the tape she heard about, she immediately “threw it in the trash.” On cross-examination, Jerit was asked that since she worked for DCFS, why did not report the tape to her superiors or the police.
Aubrey Hampton:
Identified the alleged victim as her childhood friend. “There’s no question,” Hampton said about her friend’s identity, who also distinctly remembered the way the alleged victim “licked the bottom of her lip.” Hampton said she met Kelly while with the alleged victim at a basketball party.
Adra Gengler:
Identified the alleged victim as a friend of her daughter’s, who played basketball with the alleged victim in elementary and high school. Gengler referred to the alleged victim’s hairstyle and voice when asked how she was sure it was the alleged victim. She saw the video for the first time right before she testified. Before then she was shown two still pictures from the video of the alleged victim and identified her that way. She said that she was about 80 percent sure it was the alleged victim. Once she saw the tape, Gengler said she was 100 percent sure. She cried during cross-examination and said she didn’t want to see the tape and turned it off right after the face of the female and male were shown. “It’s very upsetting to my family…my daughter. I just want it to go away.” Once she was excused from the witness stand, she said, “Oh my God!”
Stephanie “Sparkle” Edwards:
Identified the alleged victim as her niece. “You know your blood. You just know your family,” Edwards said. Edwards, a former backup singer for Kelly and an artist previously signed with his record label, said she received a call from an attorney who wanted her to view a tape that may involve one of her relatives. Once she saw the tape, she notified family members and arranged for them to view it as well. Edwards also viewed the video with a Sun-Times reporter. The defense asked if she ever contacted the police about the tape. She said no, and then later said yes. She also stated that she never had a copy of the tape. Previous testimony from Delores Gibson stated that Edwards brought the tape to Gibson’s home and they viewed it together. The defense asked if Gibson and Bennie Edwards Sr. lied when they said she brought the tape so the family could see it. “Big time,” Edwards said.
Alexandra Guerrero:
Investigator for the Cook County State’s Attorney’s Office. She was sent to the Kelly’s home on West George Street to take pictures of the basketball court on his property, including a mural depicting Kelly playing basketball against the Tasmanian Devil Looney Toons character. Also in the mural is a painting of basketball great Michael Jordan as the game’s referee.
Raven Gengler:
Childhood friend of alleged victim. Met the alleged victim in the sixth grade and played basketball with her until they attended separate high schools. Identified the alleged victim “absolutely” as the female in the video. She recognized her face and facial features. Gengler was introduced to R. Kelly by the alleged victim at a basketball game at UIC that was played by many celebrities, and at Kelly’s birthday party at Dave & Buster’s. She saw the video for the first time during her senior year of high school in 2003. Gengler downloaded it from the Internet. She said it was “something I needed to see for myself.”
Tjada Burnett:
Friend of the alleged victim’s family. She worked with the alleged victim’s mother, aunts and grandmother at an insurance agency for about four years. She met the alleged victim in 1987 and saw her almost daily until the late 1990s. She recognized the alleged victim in the video by her face, cheeks, nose and facial structure. Burnett met Kelly once in the music studio while Stephanie Edwards was recording her album. She saw him again a short time later in front of Edwards South Loop apartment building. Burnett said she, Edwards, and one of Edwards’ sisters each left “lipstick marks on his (bald) head” the day they saw Kelly at the Edwards apartment building.
Lindsey Perryman:
Worked for R. Kelly off and on between 2000 and 2006 as an office/general manager of his music studio and record label as well as a personal assistant to Kelly and his wife. Perryman first saw the alleged victim in 1999 at a music studio and then met her formally in 2000. The alleged victim was introduced as the Kelly goddaughter. She would come to the studio after school to do her homework. Afterwards Perryman would drive the alleged victim to her mother’s office. Perryman saw a snippet of the video in January of this year, and in its entirety for the first time Tuesday morning. “I was in shock. I’m still disturbed,” she said after viewing it. She identified the female as the alleged victim by her face and “distinct” cheekbones. Perryman said she never saw anything inappropriate between Kelly and the alleged victim, and that he has always been professional and always a gentleman. “I think so highly of Mr. Kelly. They’ve (Kelly and is wife) been very, very good to me. I’ve had a top-notch experience with Mr. Kelly,” Perryman said. She said she knew he was under indictment, saw the massive publicity about the case and witnessed the “awful things he’s gone through.” When asked if she ever contacted the police or state’s attorney’s office about the case, Perryman said, “I had no reason to.”
Bennie Edwards Jr.:
Cousin of the alleged victim, and currently a bass musician for Lionel Richie. Edwards only saw a glimpse of the video as a teenager and said the female resembles his cousin but is not 100 percent sure. When he saw it Tuesday, it was just for a “second” and then he turned it off. The female looks like the alleged victim. When asked if he thought I was his cousin, he said, “It’s not her character at all.” He did not see Kelly’s face, only his goatee. Edwards met Kelly for the first time at a South Side high school when Edwards was a teen and performed with his music group “4 The Cause” that included the alleged victim. He saw Kelly on a few more occasions at the music studio and at Hoops Gym.
(Kathy Chaney reports for the Chicago Defender.)