The Daily Swarm

UPDATE: R. Kelly trial: DeRo a no-show in court today…judge may issue arrest warrant…

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

UPDATE: Judge rules Jim DeRogatis must testify…

UPDATE: Sun Times:

The defense has also suggested several times that anyone who possessed a copy of the tape committed the crime of child pornography, including DeRogatis.

During Friday’s hearing, defense attorney Marc Martin repeated his demand that DeRogatis testify for the defense, arguing that DeRogatis had “immersed himself in these proceedings” by passing the sex tape to police.

He said he expected DeRogatis would undermine Stephanie “Sparkle” Edwards’ testimony and that establishing the circumstances in which the tape found its way into police custody was “crucial to the defense.”

Sun-Times attorney Damon Dunn said DeRogatis would assert his First Amendment “reporter’s privilege” against testifying. And Boliker said she could not see what DeRogatis could add to what has already been said in court.

Gaughan seemed unimpressed with the defense’s attempts to force DeRogatis to take the stand, telling Martin that he was failing to make a convincing case.

Martin then claimed that Kelly had a Sixth Amendment right to call whatever witnesses he wanted.

But Gaughan responded, “You don’t have a right to call (just) anybody as a witness, or the trial would last until infinity.”

The judge indicated he would rule next Friday on whether DeRogatis must appear.

Speaking outside court, Dunn said it was clear that the defense “would rather have a reporter on trial than their defendant.”

When the Chicago Sun Times ran a page 1 story on December 20, 2000 by Jim DeRogatis and Abdon M. Pallasch, with this lede:

“Chicago singer and songwriter R. Kelly used his position of fame and influence as a pop superstar to meet girls as young as 15 and have sex with them, according to court records and interviews.”

the newspaper kicked off a chain of events (including the appearance of the videotape at the center of the criminal charges) that is finally coming to head with the start today of the singer’s trial on child pornography charges.

Now, news from the trial’s opening day suggests a looming showdown between R. Kelly’s defense team and the newspaper that broke the story:

The Sun-Times reporter who received the tape six years ago and turned it over to police—Jim DeRogatis—has been subpoenaed by the defense. Gaughan said Derogatis should appear in court this Friday to discuss the subpoena.

Last Friday, when word of the possible subpoena first surfaced publicly, the Sun Times’ media attorney Damon Dunn said:

Dunn responded that the media doesn’t “waive reporter’s privilege” against testifying.

“This is a classic case where you’ve got a reporter covering a case, so you try to subpoena him,” Dunn added.

UPDATE: More from the Sun Times blog:

But even before the jury came out and opening statements began, Gaughan took up the issue of the DeRogatis subpoena.

“Three days after turning over the videotape to police, Derogatis met with a potential witness in this case,” Gaughan said, referring to the defense’s motion.

“That is our understanding,” said defense lawyer Marc Martin.

“That person informed the police that she and Derogatis watched the videotape in Derogatis’ office,” Gaughan said.

Defense lawyer Ed Genson said they know the conversation took place from police reports. “The witness would not talk to us,” Genson said.

Gaughan then asked prosecutors if they had asked DeRogatis if he had another copy of the tape. “No, your honor,” said assistant state’s attorney Shauna Boliker.

In case you’re in need of a memory refresher, Bill Wyman’s R. Kelly SexFacts™ Complete—The Director’s Cut! is an essential time line of the case, including the roots of DeRogatis’ involvement.

The R. Kelly case started when Jim DeRogatis, the pop critic at the Chicago Sun-Times, and Abdon M. Pallasch, the paper’s legal reporter, wrote a 3000-word story detailing the Chicago star’s penchant for young girls. It was published way back in December 2000—the day before a sold-out Christmas concert by the singer at the city’s United Center!

The story detailed the first sex suit against Kelly, including the $250,000 out-of-court settlement that resulted. The pair also talked with a woman who said she’d had sex with Kelly as a 15-year-old, and even had sex with him and another girl. Accusations #’s 1 and 2!

According to the story, Kelly met the girls by hanging out with the choir at his old high school, the scamp!

A year later, DeRogatis received a phone call telling him to check his mailbox. In it was a videotape showing Kelly having sex with a young girl. The girl’s aunt identified her, and Kelly. In the tape, the singer called her by her first name; she called him “Daddy.” Accusation #3.

Besides a variety of sex acts, the girl urinates on the floor at “Daddy’s” direction. “Daddy” then urinates into her mouth.

DeRogatis and Pallasch’s original reporting on the case can be found here, here, here, and here.

Developing…

EARLIER:

R. Kelly sex tape payoff scandal emerges as porn trial finally begins…

R. Kelly trial: Meet the jury…