UNCUT Magazine

Testimony ended in the R. Kelly trial yesterday but the prosecution and defense were disputing the tape at the center of the trial, which is the key piece of evidence for both sides.

According to The Chicago Sun-Times, the dispute was initiated by a DVD copy of the alleged sex tape the prosecution gave to Kelly's team. Prosecutors told the defense it was an exact copy of the original when it was a lower quality duplicate. Kelly's team used this copy to question their video expert.

Prosecutors called to the stand two rebuttal witnesses, including their video expert Grant Fredericks, who originally testified the man on the tape had a dark spot on his lower back which would correspond with the mole on Kelly's back.

As previously reported last week, video forensic expert Charles Palm told jurors that the black mark on the lower back of the man on the tape is not a mole but a result of video distortion. Palm said since the video has been duplicated numerous times it appears and disappears. Fredericks testified yesterday, the DVD he analyzed during his first testimony was not an accurate reproduction.

"Half the information I was showing was not on Exhibit 78," Fredericks told jurors. "None of the detail I was presenting in court would be present."

While defense lawyer Ed Genson admitted he had "no doubt that it was a mistake," he also said "we used [the DVD] as a basis for putting Mr. Palm on the stand."

The prosecution and defense later resolved the dispute privately but it was not revealed how.

Atlanta prosecutor Bobby Wolf also took the stand yesterday to rebut defense claims that the prosecution's key witness, Lisa Van Allen testified in Kelly's trial as part of a plea bargain for her fiancée in a separate criminal case. Van Allen testified to having multiple three way sexual encounters with Kelly and the alleged victim. Her fiancé Yul Brown was arrested on gun and drug charges in February and faced up to 22 years in prison. He received probation after pleading guilty and the defense believed he then arranged for Van Allen to testify against Kelly.

Wolf said he was not contacted by anyone from the Cook County State's Attorney's Office about Yul Brown. He also said he recommended Brown receive prison time but an Atlanta judge gave him probation.

"There was absolutely no connection" between Van Allen's testifying and Brown's sentencing, Wolf told jurors.

When asked by Judge Gaughan if he knew he had the constitutional right to take the stand, Kelly told him, "I decided not to testify."

Closing arguments are scheduled to begin tomorrow.