(The VH1 Blog has solicited Mark Muro of the California law firm Muro & Lampe, Inc. to keep tabs on the R. Kelly child pornography trial.)
The defense rested its case after only two days of testimony. R. Kelly invoked his Fifth Amendment right against self-incrimination, and won’t testify. The jury will be instructed that Kelly’s decision can’t be held against him. But some jurors may nonetheless wonder why an innocent man wouldn’t jump at the chance to defend himself on the stand. Does he have something to hide? Of course, O.J. Simpson, Michael Jackson and a slew of other celebs provide a strong precedent for opting not to testify — and still winning acquittal!
In other news, Judge Gaughan ruled that the jury will be allowed to view the sex tape during deliberation over the objections of Kelly’s attorneys, who argued that the jury may overemphasize one piece of evidence. I’m not surprised that this argument failed since the tape is the primary piece of evidence in this case. The defense’s objections suggest a lack of confidence in its claims that the tape does not show Kelly or the alleged victim. — Mark Muro, Attorney at Law
Closing arguments are set for Thursday. For now, Kelly loses a point for taking the Fifth. Overall Score: Defense: +2; Prosecution: +6