R Kelly court case: Defense team files motion for acquittal in child pornography trial
CHICAGO (WLS) -- On Wednesday, the judge will consider an important request from the defense in R. Kelly's Chicago trial at the Dirksen Federal Building.
This move is routine: R. Kelly's defense team filed a motion for an acquittal. Attorneys for Kelly and his co-defendants argue federal prosecutors have not made their case on several issues.
That motion claims the government's evidence is insufficient to get a conviction, which means the defense is arguing that the jury could not possibly find guilt beyond a reasonable doubt.
"They have totally failed the evidence they provide was insufficient to connect at all to what happened between 2002-2008," said Beau Brindley, attorney for Derrel McDavid.
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"At least there is an opportunity to challenge some of these stories rather than have a documentary tell a one-sided story," said Jennifer Bonjean, an attorney for Kelly.
Attorneys for Milton Brown argue he was an assistant and simply took orders from Kelly and McDavid, claims he was not in on any conspiracy and had no knowledge of child pornography; attorneys for Derrel McDavid argue the prosecution's case goes back too far and relies on unreliable witnesses; and attorneys for Kelly argue that there was no evidence to prove Kelly was trying make his stolen sex videos public and said much of the evidence is based on flawed testimony.
"Mr. Kelly does not claim to be a perfect man. He had made a lot of mistakes over the years but it is hard to listen to people tell falsehoods," Bonjean said.
On Tuesday, federal prosecutors rested their case against the R&B singer.
Jurors heard from more than 20 government witnesses, including four women, who claim they were sexually abused by Kelly when they were underage.
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The last of the women called by federal prosecutors was a woman using a fake name "Nia." She testified she was an R. Kelly fan at 15 years old and that the R&B star included her in his sexual activity while he was on tour and at a Chicago recording studio.
Federal prosecutors presented ten days of evidence to support the charges that Kelly and the other men took part in schemes to thwart prosecution and silence witnesses in a Cook County Child Pornography case in 2008, in which Kelly was acquitted when some of the witnesses in this federal trial refused to cooperate then with Cook County prosecutors.
"The obstruction of justice conspiracy should never have been brought, the obstruction of justice conspiracy should result in a finding of not guilty and I'm hoping it happens tomorrow morning. If not, it will happen when the jury hears this case," Brindley said.
Kelly was convicted in a New York court room for racketeering and sex trafficking.
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Kelly's attorney and his co-defendants' attorneys have questioned the credibility of the women who testified and other witnesses, who have immunity deals with federal prosecutors.
The judge will rule on the motions Thursday.
The jury will not be in the courtroom until Thursday, when the defense is expected to begin calling witnesses.
Closing arguments are expected sometime later next week.
Kelly faces child pornography and obstruction of justice charges.
