R. Kelly is currently on trial for child pornography and obstruction-of-justice charges in Chicago, Illinois. The disgraced singer has already been sentenced in New York to 30 years in prison for racketeering and sex trafficking. His attorneys have now filed a motion for acquittal in the Chicago trial.

According to The Chicago Tribune, his defense team filed a motion for an acquittal, which is a routine procedure, claiming the government’s evidence is insufficient for a jury to find guilt beyond a reasonable doubt. Kelly’s attorneys and the lawyers for his co-defendants are claiming that federal prosecutors have not made their case. U.S. District Judge Harry Leinenweber will decide sometime today (Sept. 1) on whether to acquit all three accused.

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The Chicago trial stems from the 2008 case where the singer and producer was acquitted. In 2002, Kelly faced 21 counts of making child sexual abuse videos, some of which found their way to the bootleg circuit. Police and the FBI verified the authenticity of one particular recording, but a jury in 2008 could not prove that the person in the recording was a minor, and Kelly was set free.

According to The New York Times, federal prosecutors allege Kelly and two co-defendants fixed that state trial, saying Kelly arranged for a girl and her parents to travel overseas to prevent them from talking with police before his indictment and later instructed them to lie to a grand jury about the case.

Kelly has maintained his innocence in both the New York and Chicago cases. If the Chicago trial moves forward, it’s unknown if R. Kelly will testify.