R. Kelly -- The Exit
(Photo by Worsom Robinson, Real Times News Service/Chicago Defender)

by Kathy Chaney
Special to the Tri-State Defender

Grammy Award-winning R&B star R. Kelly was acquitted on all 14 counts of child pornography Friday.

As the verdict was read, Robert S. Kelly held his head low, cried and said "Thank you Jesus" each time he heard "We the jury find Robert Kelly, not guilty."

Kelly's four-person defense team looked concerned when word came around 1:30 p.m. that a verdict had been reached, after roughly 7 ½ hours of deliberations over a two-day period.

After he learned his fate, Kelly dabbed tears with a sky blue handkerchief and then hugged his defense attorneys.

The Chicago native, who never took the witness stand, faced up to 15 years in prison. He was accused of having sex with a minor and recording one of the episodes on a 27-minute tape that was the heart of the prosecution's case against the singer.

The defense maintained that Kelly was not the man in the video. The alleged victim testified before a grand jury that she was not the girl on the tape.

Defense attorney Sam Adam Jr. said the 41-year-old Kelley was a religious man, not the "stoic" man reporters and jurors saw over the last five weeks.

Kelly knew that every move he made, or emotion he showed, would be watched and scrutinized by the media. He chose to not wear his heart on his sleeve, Adam said.

"When they read the verdict you got to see the real Robert Kelly. He sat there and he was crying. He was thanking God. He was saying, 'Thank you Jesus' after each count. He is not the man there doing those things to that woman," he said.

"Two things happened today. R. Kelly got his name back and  [the alleged victim] never had to lose hers."

As Kelly left the courthouse, he waved and saluted the nearly 100 fans that waited to catch a glimpse of the acquitted superstar, and to cheer him.

The Chicago resident did not speak with the media. He was whisked away in a black SUV. Soon after, Allan Mayer, his spokesperson, offered these remarks on Kelly’s behalf:

"Robert said all along that he believes in our system and he believes in God. He did not expect it to take 6 ½ years. This has been a terrible ordeal for him and his family. At this point all he wants to do is to move forward and put it behind him.

“He wants to thank his lawyers who defended him so brilliantly. He wants to thank his fans who stuck by him and supported him with such love. Most of all, he wants to thank God for giving him the strength to get through this. He's going to have more to say about all of this very soon. But for right now, he'd be more inclined to be with his family, collect himself and get strong again.
 
“But we'll be hearing from him soon about all of this. Again, he thanks everyone for their support, and he thanks our system of justice for seeing him through. And he thanks God for his strength and his love."

Prosecutors said they accept the jury’s decision and will also put it behind them, for now, unless evidence surfaces that prompts them to bring forth charges.

 “This prosecution is one we have no reservations about," said Cook County State's Attorney Richard Devine.

Lead prosecutor Shauna Boliker said not having the alleged victim on the stand played a significant role in the case, and added that she was never subpoenaed.

"We were not going to re-victimize her," said Boliker, who was asked if the verdict surprised prosecutors.

"Nothing surprises us," she said.

The witnesses for the prosecution were courageous, Boliker said. "It was a difficult thing or them to do. They care about her."

Robert Hoelingoetter, Boliker's partner, said their case was solid and that he would not have changed the way they tried it.

"We hope people get a lesson from this and don't think this is free territory for them now."

(Photo by Worsom Robinson, Real Times News Service/Chicago Defender)

So what was it that sent Kelly home instead of to a jail cell?

 The lack of a positive identification for the female in the video, some of the jurors told reporters.

Only five of the 12 jurors agreed to speak with the media. All declined to give their names and to be photographed. And, only one of the five said his original verdict was guilty. The others refused to disclose that information.

The jury -- three women and nine men -- did not initially reach a unanimous decision. The majority, however, did vote "not guilty" on the first three tallies.

"The absence of [the alleged victim] and her family was a major lack in this case," said a male juror.

"After careful deliberations, we arrived at the verdict. The lack of evidence to convict, guilty beyond a reasonable doubt, was the issue," said a female juror, who is an aspiring police officer.

During deliberations, jurors did view the sex tape but those who spoke after the verdict said it was not the focal point. Much of the jury examination was of the videos of the alleged victim's music group, the many photographs of her and the still photos from the sex tape.

The jurors also said the case did not turn on the identification of Kelly as the man in the video. Prosecutors and defense attorneys sparred extensively over the identification.

The jurors indicated that they discounted the testimony of members of the alleged victim’s family because those that testified were so divided.

(Photo by Worsom Robinson, Real Times News Service/Chicago Defender)

Kelly, who grew up on the South Side of Chicago, has sold more than 12 million records since his arrest in June 2002. He pumped out a CD each year, including videography. He scored a huge hit in 1997 with "I Believe I Can Fly," and has collaborated with R&B singer Usher, rappers Jay-Z and Kid Rock, and songstress Celine Dion.

’Kelly’s celebrity status was not a factor, the jurors said.

"We could all see this is a person who deserves a fair trial," said one juror.

The five-person jury panel also told reporters that Lisa Van Allen's testimony was shaky. Van Allen testified that she had group sex multiple times with Kelly and the alleged victim. The defense called the woman a liar and extortionist.

Asked if they felt pressured at all to reach a quick verdict, one juror said, "All of us wanted to go home, but we knew what we had to do. This was our duty."
 
(Kathy Chaney reports for the Chicago Defender.)

'Fan-demonium'
(Photo by Worsom Robinson, Real Times News Service/Chicago Defender)