Federal prosecutors this week shot back against accusations that the former lead prosecutor on the R. Kelly case had inappropriate contact with potential witnesses.
Singer R. Kelly appears at the Leighton Criminal Court Building in Chicago on June 6, 2019, where he pleaded not guilty to new charges.
Kelly, 55, was indicted in July 2019 on charges of conspiring with McDavid and another associate, Milton “June” Brown, to rig his 2008 child pornography case in Cook County and hide years of alleged sexual abuse of underage girls. The trial is slated to last at least a month.Among a flurry of other motions filed this week: Prosecutors’ request that the defense be prohibited from calling someone to testify about Kelly’s low IQ.
“The photographs in question were professional photos of Minor 1 which Minor 1 shared with many people, in celebration of her joy in being an expectant mother. The reaction AUSA Krull shared reflected nothing more than sincere happiness for a person who had suffered a great deal, but who was now experiencing great personal joy,” Tuesday’s motion states. “The defendants’ efforts to attack the government personally or discourage a testifying victim should not be countenanced.
“One can only imagine how the government would respond if a criminal defendant took on a fake name and a surreptitious email account and used it to contact potential witnesses. When he declared he did nothing wrong or that he does not intend to call the witness after the communication is over, does anyone think the government gladly would accept his affirmation?” they wrote.Krull’s contact with DeRogatis in early 2019 was very limited, prosecutors said.
“Moreover, although defendants vaguely suggest that they may call DeRogatis in the defense case, they offer no explanation of the testimony he might give, or how that testimony would benefit the defense,” prosecutors’ filing states. “Given the nature of DeRogatis’ relationship to the case, it is highly unlikely that he would have any testimony beneficial to the defense.”
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