Chicago Sun-Times reporter Jim DeRogatis escaped jail time Tuesday after the judge in R. Kelly’s child pornography trial flirted with a bench warrant for his arrest when he failed to appear.
The veteran music critic was sent the sex tape at the heart of the case in 2002. He was ordered to testify June 4, 2008, but never made it to the Cook County courthouse. The newspaper argued he never received the subpoena. However, a Sun-Times reporter, attorney and the editor-in-chief’s assistant all received legal documents indicating he was expected in court, according to statements made before Cook County Judge Vincent Gaughan.
Gaughan said it was possible DeRogatis didn’t know of the ordered appearance and would not issue a warrant for his arrest, reports the Chicago Tribune. "I’m going to give him the benefit of the doubt," Gaughan said.
DeRogatis was ordered to appear on the stand today. The defense is expected to question him about his dealings with the sex tape from the time he received it until the moment he handed it over to the Chicago police, prompting an investigation that eventually led to Kelly’s charges.
The Sun-Times contends DeRogatis is protected by reporter’s privilege and is not required to testify about information he gathered as a journalist. The judge, however, has ruled he is connected to the trial’s most critical piece of evidence and can be questioned.
Lawyers for the Sun-Times intend to appeal the judge’s decision and ask the appellate court to bar DeRogatis from being called as a witness until the matter is settled. Gaughan said he will not delay the testimony unless a higher court orders him to do so.
On Wednesday, June 4, 2008, DeRogartis was in court. He spent 10 minutes on the stand repeating his prepared written statement. In his statement he cited an Illinois state law regarding journalist’s rights and the First and Fifth Amendments of the U.S. Constitution. The judge indicated in a ruling that DeRogatis didn’t have to tesify based on his Fifth Amendment right against self-incrimination.
Editor’s note: 41 year-old R. Kelly faces up to 15 years in prison if he is convicted of child pornography.
Kelly allegedly video taped himself having an inappropriate relationship with a girl under the age of 14. He has pleaded not guilty.
This article was reprinted with permission: www.eurweb.com
