The jury in the R. Kelly trial got a second viewing Thursday of the nearly half-hour sex tape, but this time with frame-by-frame analysis from a video expert.
The result of the slow-motion screening appeared to reveal what the defense said in opening statements would be absent — a dark spot on the man’s lower back. And for the first time since testimony began May 20, the Grammy-award winning artist looked concerned.
Video forensic expert Grant Fredericks delivered potentially damaging testimony, shattering the defense’s claim that Kelly is not the man in the tape because he has a mole on his lower back, and the man in the video does not.
Fredericks showed portions of the tape, and when frozen, a dark mark is visible near the area where the R&B singer has a mole, about three centimeters in diameter, on his lower back. The mark was compared to his mole, as depicted in police photos taken after his arrest in 2002.
“There is a mark on this man’s back in the exact same position,” Fredericks said.
Prosecutors slightly smirked during the testimony while Kelly appeared dismal.
The 41-year-old Chicago native, whose birth name is Robert Sylvester Kelly, was indicted in 2002 on 14 counts of child pornography for allegedly filming himself between 1998 and 2000 having sex with a minor. He and the alleged victim denied being in the video.
Each count is a Class 1 felony, and non-probational, meaning, if convicted he will have to serve time. Kelly faces up to 15 years in prison.
On cross-examination, Ed Genson, Kelly’s lead counsel, implied that the mark was not a mole, but a technical flaw on the video.
“And we’re supposed to believe that this is the mole? Would you agree that that mark could be an artifact and not a mark on his back at all?” Genson asked Fredericks.
Fredericks responded, “Absolutely not. It tracks with him and moves with his body on multiple images.”
Genson also hinted that Kelly’s image may have been computer-generated.
Fredericks disagreed, stating it would be “impossible” to digitally manipulate the video without detection.
At 60 images per second, someone would have to separately change about 96,000 frames on the 27-minute tape — taking decades to accomplish, he said.
“There’s nothing fabricated about the events we see here,” Fredericks added.
In earlier testimony, FBI video forensic expert George Skaluba said the tape was of poor quality due to its multiple reproduction, but believed it was not altered in any way.
While it is possible to modify the video, it would be too “time consuming” to do so.
The prosecution’s star witness, Lisa Van Allen, is expected to take the witness stand next week, several days after originally scheduled. The Atlanta resident, claims to have had group sex with the superstar and the alleged victim.
Van Allen’s testimony was stalled after Damon Pryor, the father of her daughter, was abruptly added to the defense’s witness list.
Pryor called the defense Wednesday morning with information that could impeach Van Allen’s testimony. He arrived in Chicago later that night to meet with the defense, and for prosecutors to take his deposition Thursday before she testified.
The deposition did not go as smoothly as expected.
Pryor refused to give his Social Security number, prosecutors said Thursday, citing an invasion of privacy. Cook County Circuit Court Judge Vincent Gaughan ordered Pryor to provide the information, or face sanctions.
Testimony resumes June 2.
______
Copyright 2008 Chicago Defender. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.