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R. Kelly Evidence Tossed

Photos in Florida case can't be used

March 12, 2004 12:00 AM ET

R. Kelly scored a legal victory in his Florida child pornography case this week when a circuit judge ruled that photos of the singer allegedly having sex with an underage girl were illegally seized and inadmissible as evidence.

Kelly (full name Robert Kelly) faced twelve counts of child pornography in Florida after police confiscated a digital camera in his Davenport home. Police had initially obtained a search warrant for Kelly's Florida residence in 2002 to look for drugs after finding marijuana at a residence rented out by some business associates. A second search warrant was issued to look for child pornography, but Kelly's attorneys argued that the evidence for the warrant wasn't sufficient as it didn't establish a link between the searches for drugs and child pornography.

Prosecutors can decide to appeal Judge Dennis Maloney's ruling, but if no appeal is filed all twelve charges will likely be dropped.

"I've always had faith in our system of justice, and I do believe justice was done here today," Kelly said. "As I've said before, I am confident that when all the facts are brought out, people will see that I'm no criminal."

Kelly still faces fourteen child pornography charges in Chicago, stemming from a videotape that allegedly captures the singer having sex with an underage girl. Twenty-one charges were initially filed, but seven were dropped after Kelly's attorney filed a motion claiming that they pertained to a solicitation for child pornography statute that was passed after the time of the crimes for which Kelly was accused.

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