R. Kelly trial: Music critic Jim DeRogatis seeks to quash subpoena to testify for defense

CHICAGO (CBS) -- Attorneys for former Chicago Sun-Times music critic Jim DeRogatis are asking a judge to quash a subpoena for him to testify at R. Kelly's federal trial on child pornography and obstruction of justice charges.

Attorneys for Kelly's co-defendant and former business manager, Derrel McDavid, subpoenaed DeRogatis last month to testify at the trial. DeRogatis has reported extensively on sexual misconduct claims against Kelly, and in 2001, a videotape allegedly showing Kelly having sex with a then 14-year-old girl was anonymously sent to him at the Sun-Times.

That videotape helped spark an investigation that led to Kelly's indictment and ultimate acquittal in 2008 on child pornography charges in Cook County. DeRogatis was called to testify at that trial, but declined to answer questions, citing his First and Fifth Amendment rights.

Now a professor at Columbia College Chicago – who also was hired by the New Yorker last year to cover Kelly's federal trial, when Kelly was convicted of sex trafficking and racketeering charges – DeRogatis and the New Yorker are now 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 trying 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 about the tape that was sent to DeRogatis, his attorneys noted a Chicago Police detective already has authenticated the tape, which was handed over to CPD by a Sun-Times editor after it was sent to DeRogatis. They also noted the alleged victim in the video, testifying under the pseudonym "Jane," has testified that it's her in the video.

Meanwhile, Kelly's attorney is also pushing to prevent certain from being discussed in testimony on Wednesday. They include Kelly's marriage to underage singer Aaliyah, and "injections" and other treatments used to curb Kelly's sexual appetite.

McDavid himself plans to take the stand during the trial, and had been expected to testify Tuesday, before the Dirksen Federal Courthouse was closed for a day due to undisclosed "operational issues" pushing back the continuation of the trial until Wednesday. Prosecutors rested their case last week, and attorneys for Kelly and his co-defendants started presenting their case on Thursday, before the judge gave the jury Friday off ahead of the Labor Day weekend.

DeRogatis' attorneys are expected to bring their motion before Judge Leinenweber on Wednesday morning before the trial resumes.