The singer's attorneys filed the motion for a new trial on Feb. 4, stating that the main witness in the trial misled jurors when she said she was undecided on whether she would be seeking monetary damages from the case. The motion was denied less than two weeks later.
The
anonymous star witness, known only as "Jane," testified that Kelly
began sexually abusing her when she was just 14 years old, even filming
their encounters.
"Simply because Jane and her attorney considered the possibility of restitution does not mean she lied during her testimony," wrote Leinenweber.
Jane's testimony was that she was undecided. Her testimony was not that she was not intending to pursue restitution.
Kelly's Feb. 23 sentencing will proceed as scheduled over the September 2002 convictions of child pornography and sexual enticement. He remains in custody as he was convicted in a New York case for sex trafficking and racketeering.
