R. Kelly Prosecution Rests: Threesomes, Extortion And Duffel Bags Of Sex Tapes

CHICAGO — The judge in R. Kelly's child pornography trial warned a newspaper reporter who failed to appear in court Tuesday that he must show up Wednesday or face contempt charges.

Judge Vincent Gaughan rejected arguments from Chicago Sun-Times lawyers that music critic Jim DeRogatis' rights as a reporter would be violated if he were ordered to testify. The judge said DeRogatis wasn't asked to appear "as a reporter" but "as a material witness to a crime."

Gaughan said Tuesday morning that he would consider ordering DeRogatis' arrest, but later only issued a new order for him to be in court Wednesday.

DeRogatis received a sex tape in 2002, then turned it over to authorities. Prosecutors say the 27-minunte tape shows Kelly having sex with an underage girl and have charged him with child pornography.

A visibly angry Gaughan clashed with Sun-Times attorney Damon Dunn on Tuesday, saying he didn't accept that Illinois law granted DeRogatis a reporter's privilege not to appear while the issue was under appeal.

"I think you're making a little of Illinois law up today," he told Dunn.

Sun-Times lawyers told Gaughan they filed an appeal on the matter before Tuesday's hearing, but Gaughan said they had filed it in the wrong place. Dunn said he would push for an emergency ruling from the Illinois Appellate Court.

"If he testifies as a reporter, it would be a serious breach of his statutory rights and his constitutional rights," Dunn said.

If asked to testify, DeRogatis could invoke his Fifth Amendment right against self-incrimination and refuse to answer questions, Dunn said last week.

The judge gave jurors the day off Tuesday. The defense is expected to begin presenting their case Wednesday.

Kelly, 41, has pleaded not guilty to 14 counts of child pornography. Lawyers for Kelly, who faces 15 years in prison if convicted, say he is not on the video. They have also suggested his likeness may have been computer generated.

The judge said defense attorneys can't ask DeRogatis about his duties as a reporter, including about his sources.

Kelly attorney Marc Martin said Tuesday that the defense does not want to ask DeRogatis about his sources, but about whether he made a copy of the sex tape and later viewed it with a relative of the alleged victim in the case.

Comments

[PuppaX]

It's surreal that people just don't seem to care about this.

R. Kelly's record label, Jive Records, is owned by Sony BMG. How has there not been a public call for a boycott until they drop him. Not only have they not dropped him, but THEY KEEP RELEASING NEW ALBUMS.

Where's Al "Tawana Brawley" Sharpton?

[NoSillyName]

Money is more important than ethics. Maybe we should wonder why anyone buys his music.

[MJD615]

R. Kelly sickens me. He is another creep who thinks he is above the law. I hope he does time.

[Cowtippin]

Mr. R. Kelly will not be convicted because the star witness for the state is thief and cannot be trusted. Its that simple.

[NoSillyName]

Why do so many people on trial plead "not guilty" when they are obviously guilty? There are apparently multiple tapes of this guy's offenses. I don't get it. It just proves they are liars. I realize the prosecution's task it PROVE guilt, but the whole thing just seems like a waste of time and money if the defendant is obviously guilty. Keeps lawyers off the streets and makes 'em rich though.

[Gumby69]

R Kelly hit
http://www.youtube.com/watch?v=FmBRBUZ7UWc

[Gumby69]

I'm gonna Pee on You!

[walk0nwalls]

I want to piss on you...

I want to pee in your food...

Dave Chapelle, we miss you man.

[angeranddespair]

Hey R Kelly just join the FDLS and it will all be OK. We just gave back a bunch of underage kids to parents who mothered them when they were underage and who were fathered by adult males. But it's all OK cuz we won't have any more marriages that aren't consensual How can they be consensual when the whole reality of these people justifies and allows and sanctions the union of adult males with pubescent females it is in their culture of course it's not a sin or against the law and of course it's not abuse. The laws all seem pretty arbitrary ... it's not OK for R Kelly to "do " underage women but it is OK for FDLS "elders" to do the programmed girls of their sect who know no difference. Wow what a travesty

[Gina322]

Someone needs to kick his as*!! I hope he goes to jail, and I hope that the tossed salad man is waiting for him!! He is disgusting! I can't believe that people still buy his music!

[booker52]

This guy should be behind bars. I will tell you why. Like any other person with fame and money. That's right, money. Those that have it, walk. We have seen it time and again. Murder, sex crimes, you name it, money gets them off. And the juries that try them are blinded by the fame and the money. They are just as guilty as the person they are letting off. And we all know the people I am talking about. OJ would be at the top of the list. That jury thought they would be showing the rest of us what they thought of us. Right, they just showed us how dumb they were. The list goes on. White or black, money talks.

[Loisebby]

Mr. R Kelly, going to prison, power and money not going to help you there. You made sex tapes? laughable!­!!!!!!!!!!­!!!!!

[hartkid]

read the Slate.com notes from the trial by Josh Levin.