R. Kelly Could Get Off by a Mole

Posted on May 21, 2008 at 2:23 pm (PST)

Jurors in the R. Kelly trial saw the now famous video tape. His defense attorney contends the man in the tape is not R. Kelly, because Kelly has a mole just above his waist on his back, and the man in the tape does not have a mole.

It has been six years since the tape was made, and it is very possible that a mole could have easily grown in that spot, but the prosecutor still has to prove it. The defense says the mole has been there since childhood, so the defense would need a picture, or medical records to prove the mole wasn’t there until recently.

Another problem is that the alleged victim will not be called by prosecutors, because she is expected to say she is not the girl in the tape. The defense could be considering calling her instead, but it’s doubtful because that would leave the girl open to cross examination by the prosecutor. It’s too risky for the defense.

A second woman in the tape is expected to testify that R. Kelly is in the tape, and the girl who denies being in the tape, is also in the tape. The whole case seems to hinge on the testimony of one witness who was there.

Kelly could walk free.