The judge presiding over R&B star R. Kelly's child pornography case will hold a closed hearing next week, one of several measures he has taken to impose secrecy on parts of the high-profile case.
Judge Vincent Gaughan said Tuesday the April 11 hearing will deal with 'motions that were filed under seal,' and jury instructions. Jury selection is set to begin May 9, more than five years after Kelly was initially charged.
Robert Sylvester Kelly, best known by the name R. Kelly, was born on January 8, 1967 in Chicago, Illinois. From early childhood his passions were basketball and music, which he loved more. Studying at the Kenwood Academy High School he won a young talents show, singing Stevie Wonder’s Ribbon In The Sky, following which he decided to commit. According to Wikipedia, in 2001/2002, Kelly was working on the follow-up album for TP-2.com entitled 'Loveland' which was scheduled to be released in November of 2002. Due to heavy bootlegging the album was delayed and was eventually retooled to become 'Chocolate Factory' released in 2003.
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The judge has already placed several documents under seal, including lists of witnesses. But the total number of documents under seal and what they are remains a secret.
'They're running the risk of, in effect, creating a secret proceeding,' said Jane Kirtley, a law and journalism professor at the University of Minnesota.Judge Gaughan has issued a 'decorum order' barring lawyers from talking to the media about anything beyond the charges, scheduling, and basic details about Kelly. At Kelly's court dates, the lawyers usually meet with Gaughan in his chambers for a half hour to an hour before emerging and briefly discussing scheduling matters in public.
Kelly, 41, is charged with child pornography for allegedly videotaping himself having sex with a girl estimated to be 13 or 14. Kelly, of Olympia Fields, has pleaded not guilty.
Martin Garbus, a First Amendment lawyer in New York, said Gaughan may have sealed documents to protect the alleged victim or other children. 'There are certain valid things that ought to be protected,' such as the rights of children or national security, he said.
But Garbus, Kirtley and others said a judge is required to articulate why he is sealing documents and proceedings.
'The basic U.S. Supreme Court rule is that court hearings are open and court pleadings are public,' said lawyer Ken Kraus, who teaches media law at DePaul.
Albert Alschuler, a law professor at Northwestern University, noted conferences on jury instructions are often conducted privately, and that 'gag orders are becoming more and more routine in highly publicized cases.'
As to why Gaughan sealed court documents and plans a closed-door hearing, 'You wonder if he's worried about some kind of witness intimidation,' Alschuler said.
Listen & Download Step in the Name of Love, an R&B soul hit song by American singer R. Kelly, taken from his 2003 fifth studio album Chocolate Factory, though it first appeared on his unreleased 2002 album, Loveland.
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