At 10:25 a.m., 35 minutes before the trial court is supposed to start, the defense team swoops in with a pre-trial objection to the videotape. The grounds: Jim DeRogatis, the Chicago Sun-Times reporter who first received the tape in 2002, made a copy before handing it over to the police. Judge Vincent Gaughan is annoyed with DeRogatis—"Is there a First Amendment exception to child pornography that I'm not aware of?" he asks sarcastically—and annoyed with the tardiness of the defense's motion. Rather than delay the trial, he's going to ask DeRogatis to come to court on Friday to explain himself.
A few minutes later, the defense takes another whack, this time with an "anticipatory objection" to the submission of the videotape. Kelly's lawyers argue that there's a deficient chain of custody—that it's a third- or fourth-generation tape that the prosecution has failed to connect to Kelly. They also make an argument that there's a relevant precedent involving a case where someone unlawfully possessed a tape of a midwife. The judge doesn't seem to understand what they're talking about. The trial—and the porn—will go on.