CHICAGO (CBS) — Attorneys for former Chicago Sun-Times music critic Jim DeRogatis are asking a decide to quash a subpoena to testify at R. Kelly’s federal trial on little one pornography and obstruction of justice prices.
Attorneys for Kelly’s co-defendant and former business supervisor, Derrel McDavid, subpoenaed DeRogatis final month to testify on the trial. DeRogatis has reported extensively on sexual misconduct claims towards Kelly, and in 2001, a videotape allegedly exhibiting Kelly having intercourse with a then 14-year-old woman was anonymously despatched to him on the Sun-Times.
That videotape helped spark an investigation that led to Kelly’s indictment and supreme acquittal in 2008 on little one pornography prices in Cook County. DeRogatis was referred to as to testify at that trial, however declined to answer questions, citing his First and Fifth Amendment rights.
Now a professor at Columbia College Chicago – who additionally was employed by the New Yorker final year to cover Kelly’s federal trial, when Kelly was convicted of intercourse trafficking and racketeering prices – DeRogatis and the New Yorker at the moment are asking U.S. District Judge Harry Leinenweber to quash the subpoena to testify at Kelly’s federal trial in Chicago, accusing McDavid’s attorneys of making an attempt to “put his newsgathering on trial.”
“Virtually all knowledge that DeRogatis has that may be relevant to the indictment in this case, if there is any such information, necessarily derives from his third party sources with direct knowledge of the facts and therefore would be inadmissible hearsay,” DeRogatis’ attorneys wrote. “Because Mr. DeRogatis’ role has been as an investigative reporter, compelled testimony also is invasive as to his newsgathering methods and cumulative of the actual sources and their source materials.”
As for any testimony concerning the tape that was despatched to DeRogatis, his attorneys famous a Chicago Police detective already has authenticated the tape, which was handed over to CPD by a Sun-Times editor after it was despatched to DeRogatis.
McDavid himself plans to take the stand in the course of the trial, and had been anticipated to testify Tuesday, earlier than the Dirksen Federal Courthouse was closed for a day due to undisclosed “operational issues” pushing again the continuation of the trial till Wednesday. Prosecutors rested their case final week, and attorneys for Kelly and his co-defendants began presenting their case on Thursday, earlier than the decide gave the jury Friday off forward of the Labor Day weekend.
DeRogatis’ attorneys are anticipated to convey their movement earlier than Judge Leinenweber on Wednesday morning earlier than the trial resumes.