The defense rested its case abruptly Monday. That means R Kelly's defense ends with the testimony of a video consultant- testimony the state will work to discredit during its rebuttal.
We've heard from relatives who said the girl on the tape was not the alleged victim. We've also heard from those who said she is. We've even heard from a woman who claims she had three-ways with the alleged victim and R. Kelly....but we never heard from the alleged victim herself.
Reasonable doubt?
Jury consultant Bill Healy of Decisionquest thinks so.
"You do not have a victim who is available and present identifying the actual defendant in a case, so it cannot be underestimated," Healy said.
If this now 23-year old woman says the girl on the tape is not her.... why didn't she take the stand? It would seem that such testimony would be the most powerful the defense could present.
If she is indeed telling the truth, she'd have nothing to lose.
If she's not, she could crack under cross-examination- perhaps opening herself up to perjury charges.
Jury consultant Healy breaks it down.
"Beyond a reasonable doubt is a very high hurdle, and it is even higher when you do not have a victim present," Healy said. "But obviously in cases like a murder case where the victim is not present to testify, jurors are willing to make that leap. They're willing to say the prosecution had enough evidence but they will only do that if they take the bricks and create a whole wall that says, 'yes, this is him.'"
I would like to know your thoughts. Should she have been called? Why didn't they call her? How do you think her absence will affect the jury?


Comments (2)
Yes, I agree with the jury due to the evidence that was given. He is guilty in my mind because of his past meaning (Alayia), so is the family of the young for putting her in the postion to help boost someone career. Thats all it is! To urinate on someone was enough for me.
Posted by not a Kelly fan | June 13, 2008 5:47 PM
Posted on June 13, 2008 17:47
The defense doesn't need the girl (now woman) to testify. The prosecution has the burden to prove that the girl on the tape is underage. The fact that the prosecution couldn;t get the girl to tesity ndermines their entire case. Even if the jury believes beyond a reasonable doubt that R. Kelly is on the tape, pornography is not a crime. The prosecution has failed to prove beyond a reasonable doubt that the girl on the tape is who they say it is and that she is underage. You would never see the defense rest so early if they didn't believe they have this case won.
(If by some fluke the jury would convict, I would suspect the judge would overturn the ruling as a matter of law based on lack of evidence proving their was a minor involved)
Posted by Tony | June 9, 2008 9:23 PM
Posted on June 9, 2008 21:23