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Jim DeRogatis won't have to testify in R. Kelly's trial after all, Judge Gaughan ruled today after DeRo was questioned at a hearing this morning. Kelly's attorneys argued that DeRogatis has a personal agenda against Kelly, and that DeRo's reporter privilege doesn't apply here because no one is asking about interviews or sources.
At this morning's hearing, DeRo answered every question the same way: "I respectfully decline to answer that question on the advice of counsel on the grounds that to do so would contravene the reporter privilege, the special witness doctrine and my rights under the Illinois Constitution as well as the First and Fifth Amendments of the United States Constitution." (He read it off a card.)
DeRo's lawyer argued that putting his client on the stand could leave the critic open to state and federal child pornography charges, and Gaughan apparently agreed, ruling that DeRo could decline to testify under the Fifth Amendment.
What we're confused about is that DeRo still has to turn over his notes from an interview with prosecution witness Stephanie "Sparkle" Edwards. [Trib, S-T, Illinois's reporter shield law explained, image from R Kelly's latest video]
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I'll take a stab at the contradiction: The judge was being smart.
If he accepts DeRo's argument of reporter's privilege, the defense can appeal for months.
If he excuses DeRo on 5th ammendment grounds against self incrimination (DeRo was in possession of child pornography), the defense has no such recourse.