Steve Greenberg is calling into question the “chain of custody” of the alleged s-x tape believed to be the smoking gun in the case against Kelly, TMZ reported.
He said there’s a possibility that the tape — which allegedly shows the R&B star engaged in a s-x act with a minor -- could’ve been altered before it landed in prosecutors’ hands.
Avenatti, who represents several of Kelly’s alleged victims and their family members, got the damning evidence from a person who’s extorted Kelly before, sources told the gossip site.
The man recently confessed to Chicago prosecutors that the “I Believe I Can Fly” singer’s team forked over about $1 million to prevent the tape from going public in the past — raising the question of how the recording wound up in Avenatti’s possession.
Avenatti said he turned over two s-x tapes to prosecutors but Greenberg told TMZ he’s only aware of one.
Kelly is facing 10 counts of aggravated criminal s-xual abuse of four victims, including three minors.
Avenatti, meanwhile, was arrested Monday on charges that he tried to extort more than $20 million from Nike by threatening “to release damaging information” about the sneaker giant, according to court papers.