The Daily Swarm

UPDATE: Sun Times

Sun-Times reporter and music critic Jim DeRogatis will not have to testify in R. Kelly’s child porn trial after all, Judge Vincent Gaughan ruled this morning…

Judge Gaughan ruled Friday that DeRogatis had no protection against testifying under either the First Amendment or the Illinois reporter’s privilege, reaffirming that decision Tuesday and saying that DeRogatis must testify. The reporter’s privilege only protects journalists from revealing their sources, he said.

But this morning Gaughan said that DeRogatis was protected against self-incrimination under the Fifth Amendment. “He does not have to testify,” the judge said.

Outside the presence of the jury this morning, DeRogatis, wearing a dark suit and tie, appeared before Gaughan to answer questions in court from Sun-Times attorney Damon Dunn and Kelly’s attorney, Marc Martin.

After identifying himself and spelling his name, he gave the same answer to every question he was asked about where the tape came from, what he did with it and what he had written about Kelly.

To each question, he answered, “I respectfully decline to answer the question on the advice of counsel on the grounds that to do so would contravene the reporter’s privilege, the special witness doctrine and my rights under the Illinois Constitution, and the First and Fifth Amendments of the U.S. Constitution.”

UPDATE: Sun Times

Judge Vincent Gaughan ordered Sun-Times pop music critic Jim DeRogatis to appear in court Wednesday morning or face contempt of court.

DeRogatis will be required to testify as a defense witness in the child pornography trial of R. Kelly, Gaughan ruled, unless the Illinois Appellate Court issues an emergency stay blocking the ruling before tomorrow morning.

The only other way DeRogatis can avoid testifying is by invoking his Fifth Amendment right against self-incrimination — a possibility the judge mentioned to this afternoon.

UPDATE: Arguments continues…appeal filed with wrong court…

“You filed it in the wrong court,” Gaughan snapped. “A notice of appeal has to be filed at the appellate court.” Gaughan also rehashed his finding that DeRogatis is not protected under the law as a reporter because he is a “a material witness to a crime” and is not protecting a source.

In his opinion issued Monday, Gaughan said the defense could not ask about the source of the tape and that Kelly attorney Marc Martin said the defense had no plans to ask about the source.

“You’re protecting something that nobody is after,” Gaughan said to Dunn.

But Dunn argued that the protection of a source is at issue and offered his motion for appeal to the court and to all parties present.

UPDATE: Chicago Tribune:

Court resumed—and still no Jim DeRogatis.

Cook County Judge Vincent Gaughan, an animated jurist known for having a short fuse with lawyers, appeared subdued and spoke in short, clipped sentences when addressing Sun-Times lawyer Damon Dunn. The newspaper argued that DeRogatis had not been properly served the subpoena and therefore had no obligation to be in court this morning.

“I’m not sure why this [hearing] was called,” Dunn said.

“It’s [to decide] whether to issue a warrant for your client’s arrest,” Gaughan responded.

The Sun-Times argued that the judge cannot hold the music critic in contempt while he’s appealing the subpoena, which they contend he never received anyway. Gaughan called a 20-minute recess for Dunn to present him a copy of the law to that effect.

Chicago Tribune:

Sun-Times music critic Jim DeRogatis failed to show up for his court appearance in the R. Kelly case this morning, defying the judge’s order to appear.

Sources say DeRogatis never received the subpoena issued by Cook County Judge Vincent Gaughan and called to say he would not be coming to court.

Gaughan, however, repeatedly told defense attorneys and prosecutors Monday to make sure DeRogatis and Sun-Times lawyer Damon Dunn knew they had a 10 a.m. appearance scheduled.

Sources familiar with the delay said the no-nonsense Gaughan believes that DeRogatis has thumbed his nose at the court by ignoring the spirit of the subpoena. Even if he was never served with the paperwork, the source said, the judge believes DeRogatis and the newspaper’s attorneys are aware the judge wanted him to appear today for proceedings outside the jury’s presence.

The judge, looking extremely unhappy, left the building around 10:20 a.m. He has ordered court to resume at 11:20 a.m.

EARLIER:

R. Kelly Trial Exclusive: Who put a bullet through Jim DeRogatis’ front door?

R. Kelly trial: Judge rules Jim DeRogatis must testify…

R. Kelly defense wants Jim DeRogatis to testify