R. Kelly’s lawyers are making a last-ditch effort to have charges thrown out against the alleged child sex predator.
According to court documents obtained by Radar, the disgraced singer's legal team is demanding several charges relating to sex trafficking and racketeering.
His lawyers filed a 29-page memorandum which reads as if they are ready to try anything to get him off. The gist of their argument is the majority of the claims brought by prosecutors don't hold up legally.
However, Kelly is arguing for all Herpes related charges to be thrown out. He claims the New York State Dept. of Health and the World Health Organization both say the STD is not an "acute, bacterial venereal disease."
His lawyer writes, "The World Health Organization (WHO) classifies Herpes (HSV-1 and HSV-2) as viruses, not an acute, bacterial venereal disease such as syphilis or gonorrhea.3 As a result of the WHO classification that herpes is not an acute, bacterial venereal disease such as syphilis or gonorrhea, therefore the Court should dismiss those counts which are related to the PHL."
His lawyers say it would be unfair for the government to be allowed to move forward with the claims.
His team also tries to poke holes in charges based on the statue of limitations. Kelly says certain charges have to be brought within three-years of the crime but prosecutors brought charges for alleged crimes in the '90s. He wants all allegations over decades old incidents not heard by the jury.
He also takes issue certain racketeering charges which include the allegation, “that certain Jane Doe’s “engaged in sexually explicit conduct for the purpose of producing one or more visual depictions of such conduct.”
Kelly’s lawyers say the charge should be dismissed because “no evidence that visual depictions exist. Therefore, as a matter of law and because it is impossible to find the Mr. Kelly of these allegations should be dismissed.”
A judge has yet to rule on Kelly's motion. The singer remains behind bars while his trial is set to start this week in Brooklyn.