CHICAGO, June 4 (UPI) -- Chicago Sun-Times music critic Jim DeRogatis is to appear at R&B singer R. Kelly's child pornography trial or face contempt charges, a judge has ruled.
Kelly is charged with videotaping himself having sex with an underage girl some time between 1998 and 2000. Kelly's attorneys maintain the female on the tape isn't who prosecutors say she is and the man having sex with her isn't Kelly.
Judge Vincent Gaughan said Tuesday that DeRogatis is required to testify as a defense witness Wednesday unless the Illinois Appellate Court issues an emergency stay by Wednesday morning, the Sun-Times reported.
The newspaper filed an emergency motion with the appellate court Tuesday afternoon, arguing state law protects DeRogatis from having to testify.
The Sun-Times said Kelly's attorneys want to question DeRogatis about how he obtained the sex tape at the center of the case in 2002.
DeRogatis and Sun-Times lawyer Damon Dunn had been ordered to appear Tuesday morning, but did not arrive at the appointed time.
Dunn said DeRogatis was not properly served with a subpoena and is protected by Illinois' shield law for reporters.