The judge in the R. Kelly child pornography case on Tuesday upheld his ruling allowing the public to view a videotape that allegedly shows the R&B singer having sex with a minor.

In a hearing held to discuss several motions before the trial starts next month, Assistant State’s Atty. Shauna Boliker again urged Cook County Criminal Court Judge Vincent Gaughan to bar the public from viewing the tape in court, which she said would be harmful to the girl portrayed in the video.

In 2006, both the prosecution and the defense asked the judge to limit viewing of the tape. Defense lawyers sought to bar both the media and the public from seeing the tape, saying it would hinder Kelly’s chances of getting a fair trial. Prosecutors sought to keep the tape from being viewed by the public.

“The state alleges it to be a re-victimization of the [girl in the tape],” Boliker said.

In his earlier ruling, Gaughan said there was not an “overarching interest” in keeping the media and the public from seeing a tape that is the “linchpin” of the case.

On Tuesday, Gaughan said that because the girl has denied that she is on the tape, there is no victim to protect. Prosecutors said they do not plan to call the girl as a witness.

“If the alleged victim testifies, I’ll change the ruling,” Gaughan said.

Kelly, 40, is facing child pornography charges for videotaping himself having sex with a girl who prosecutors say was as young as 13. His trial is scheduled to begin with jury selection Sept. 17. He faces up to 15 years in prison if convicted.

In another motion, Kelly’s lawyer Edward Genson asked the court to exclude from trial a portion of the tape showing Kelly urinating on the girl. He argued that such a display would be prejudicial to the defense.

Boliker said that part of the tape is central to two of the charges in the 14-count indictment against Kelly and that it should not be removed “just because something is shocking or distasteful.”

Gaughan denied the motion.

The court also heard several pretrial arguments Tuesday, including whether a prosecution expert should be allowed to testify.

Boliker said she is planning to call Sharon Cooper, a developmental and forensic pediatrician, to testify that the reluctant behavior of the girl in the case is typical for someone who has been the victim of sexual abuse. Cooper is also to testify about the similarities between the venous pattern on the hand of the man in the video and that of Kelly’s hand in photos taken by Chicago police.

Boliker said Cooper’s testimony would be based, in part, on a study that shows venous patterns remain the same from birth to death.

Genson argued that Cooper should not be allowed to testify as an expert because her assessments are not rooted in science but are conclusions that the jury could draw on its own. He also said the comparison of the hands is flawed because variables such as aging and physical activity can change their appearance.

“There is no science which allows comparing two pictures, four years apart, and testifying as to consistency,” Genson said. “It is essentially opinion testimony.”

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