Judge Threatens to Issue Warrant for DeRo's Arrest

By Margaret Lyons in News on Jun 3, 2008 7:21PM

Jim DeRogatis didn't show up for court today as Judge Gaughan had ordered, and according to a Trib source, it's because he never officially received a subpoena. Gaughan is threatening to issue a warrant for DeRo's arrest, even though Sun-Times lawyer Damon Dunn says not only did Dero never get a subpoena, but he's appealing the one he's supposed to get anyway.

Dunn asserted that the Illinois reporter's privilege statute protects the critic from having to testify while an appeal is pending. The judge pointed out, however, that Dunn's appeal was filed to the wrong court—at the Daley Center—and as such is not really on file at this point.

"You filed it in the wrong court," Gaughan snapped. "A notice of appeal has to be filed at the appellate court." Gaughan also rehashed his finding that DeRogatis is not protected under the law as a reporter because he is a "a material witness to a crime" and is not protecting a source.

See also: DeRo's original 2000 story about R. Kelly's pursuit of underage girls, and his 2002 story after he received the sex tape.

Court adjourned so everyone could go read the appeal. [Trib, Hitsville]