Disgraced singer R. Kelly filed a pair of motions in federal court in Chicago on Tuesday seeking a new trial or a complete reversal of his conviction two months ago on child pornography and other sexual assault charges.
The motions filed by Kelly’s lead attorney, Jennifer Bongen, will almost certainly be dismissed by the trial judge, but will preserve arguments that are likely to be made later in an appeal to the 7th U.S. Circuit Court of Appeals.
Kelly, 55, was convicted by a jury in September on allegations including child pornography related to his years of sexually abusing his minor goddaughter “Jane” and other girls. However, he was acquitted of explosive charges that he rigged his first trial in Cook County in 2008. U.S. District Judge Harry Leinenweber set sentencing for February 23.
In her first post-trial motion, filed after business hours Tuesday, Bonjen asked Leinenweber to acquit her on all counts based on several technical factors, including that prosecutors failed to prove that the infamous videotape of Kelly abusing “Jane” at his West George Street home was done with the “purpose” of producing child pornography.
Bonjen also argued that there was insufficient evidence that the tape ever crossed state lines, which prosecutors had to prove. And on other counts, Bongen argued, prosecutors failed to prove that Kelly “coerced” the underage victims into sexual acts.
Bongen’s other motion sought a new trial based on alleged misrepresentations by the government’s first witness at trial, Dr. Darrell Turner, who acted as an expert about how sexual predators “groom” underage victims.
Turner told jurors he billed prosecutors $250 an hour for working on the case, when the actual figure was $450, Bongen wrote. He also did not disclose how many hours he was paid, telling jurors it was two hours, when he actually billed for six and a half hours, according to Bonjano. She said prosecutors knew about the misrepresentations but failed to correct them for the jury.
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“Had the jury known that Dr. Turner had actively misled them, the jury would likely have rejected his testimony outright,” Bonjen wrote.
Prosecutors are expected to respond to Bonjan’s allegations later this month.
Kelly, who potentially faces decades in prison for her conviction in Chicago, already sentenced to 30 years after a jury in New York convicted him of racketeering and conspiracy, alleging that his music career doubled as a criminal enterprise aimed at satisfying his predatory sexual desires.
The former R&B star also faces four separate Cook County indictments in which prosecutors allege he sexually assaulted or molested four people, three of whom were underage girls at the time.
Earlier this week, the Cook County Prosecutor’s Office said they were waiting for more informationincluding transcripts of federal cases before determining how to proceed with those cases.
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