R&B singer R. Kelly asserted his constitutional right Tuesday to not take the witness stand in his child pornography trial. Cook County Circuit Court Judge Vincent Gaughan asked Kelly if his attorneys advised him that it is his sole decision to testify in
It was the first words he uttered in court since the trial began May 9. When Gaughan asked what he decided, the Olympia Fields resident responded, “I’ve decided not to testify.” Kelly’s defense team unexpectedly wrapped up its case Monday, after two days of testimony, ending speculation that the alleged victim, or her parents, would take the stand.
Attorney Mabel Taylor, who observed the trial on several days, said the defense was smart to not overwhelm the jury with a load of witnesses. “You rest at the point where you feel you made your point; the mole defense, the possibility of the altering of the tape. You do not want to overkill the jurors.
Too many witnesses could damage their case,” Taylor said. Robert Sylvester Kelly was indicted in 2002 on 14-counts of child pornography for allegedly filming himself%uFFFDbetween 1998 and 2000%uFFFDand a girl, believed to be in her early teens, having sex. The alleged victim, who is now an adult and has been identified as his goddaughter, testified along with her parents at a special grand jury six years ago that she is not the female in the video.
The 27-minute amateur sex tape is the “actual nucleus of the case” against the R&B superstar, prosecutors said. It was anonymously sent to a Chicago Sun-Times music critic, who turned it over to police in February 2002. It depicts a man sitting in front of a camera when a female walks in and is presented with an undisclosed amount of money.
“Thank you,” she says on the tape, and dances nude. The two engage in oral and vaginal sex, and the man urinates on the female. The 41-year-old Chicago native pleaded not guilty and faces up to 15 years behind bars if convicted. Closing arguments are expected to begin Thursday. Jurors will again see the video.
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