The judge raised the issue minutes before attorneys for Kelly and two co-defendants began calling their first witnesses, endeavoring to counter two weeks of government testimony, including from four women who accused Kelly of sexual abuse
Co-defendant Derrel McDavid, a longtime Kelly business manager, is accused of helping Kelly rig the 2008 trial. McDavid said he will testify. Co-defendant Milton Brown is charged with receiving child pornography. Like Kelly, he said he wouldn't testify. Leinenweber on Thursday also denied a defense motion of acquittal, a common but rarely granted request for a judge to acquit before jurors get the case. Leinenweber said prosecutors presented sufficient evidence to leave the question of guilt to jurors.
A New York federal judge sentenced the Kelly in June to 30 years in prison for convictions on racketeering and sex trafficking charges. A conviction on just one or two of the charges at the Chicago trial could adds years to that sentence.
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