R. KELLY LOOKING TO HAVE THE CHARGES DISMISSED

R. Kelly’s lawyers filed a motion for dismissal on Friday (December 16th) in his child pornography case. The singer, who is accused of videotaping a sexual encounter with an underage girl is attempting to have the charges dismissed because of the language of the indictment. According to published reports, his lawyers are arguing that the indictment contains inconsistent wording such as Kelly “knew” or “should have known” that the person allegedly depicted having sex with him on videotape was under 18. According to the singer’s lawyers, the terms “knew” or “should have known” could be potentially confusing to jurors.

The prosecution countered that language was appropriate based on the statutes and established child pornography law. Judge Vincent Gaughan is scheduled to rule on the motion at the singer’s next hearing which is scheduled for February 10th.

The alleged underage girl is not cooperating with the prosecution which makes their case of proving that she was underage at the time of the sex act that much more difficult.rn