Trapped in the Courtroom

Chicago Sun-Times reporter Jim DeRogatis pleads the Fifth in R. Kelly Trial.

Jim DeRogatis, noted Ryan Adams hater and veteran music critic for the Chicago Sun-Times, has been covering the R Kelly child-pornography case extensively for years. Despite all he knows, DeRogatis refused to testify on Wednesday, pleading his First and Fifth Amendment rights and citing an Illinois state law that governs the rights of reporters.

Presiding Judge Vincent Gaughan said his First Amendment rights and reporter's privilege (which only protects him from revealing his sources) do not apply, although the judge let him plead the Fifth for now. At issue is whether DeRogatis had made a copy of the sex tape--which could be a crime because it allegedly depicts Kelly engaging in sex and urinating on a minor. The Fifth will stand until it is determined whether the State can give DeRogatis immunity from child pornography charges.

Some, however, are saying that the Fifth Amendment does not apply because the statute of limitations has passed and DeRogatis cannot be charged.

DeRogatis received a copy of the tape from an anonymous source and broke the story in February 2002. Defense attorney Marc Martin is trying to establish whether DeRogatis has an "extreme bias" against Kelly, arguing that the tape was in his "sole and exclusive" possession and could have been tampered with.