Chicago Sun-Times reporter Jim DeRogatis appeared in court this morning and answered questions from the judge, taking the Fifth Amendment in each instance, the Chicago Sun-Times is reporting:

Outside the presence of the jury this morning, DeRogatis, wearing a dark suit and tie, appeared before Gaughan to answer questions in court from Sun-Times attorney Damon Dunn and Kelly’s attorney, Marc Martin.

After identifying himself and spelling his name, he gave the same answer to every question he was asked about where the tape came from, what he did with it and what he had written about Kelly.

To each question, he answered, “I respectfully decline to answer the question on the advice of counsel on the grounds that to do so would contravene the reporter’s privilege, the special witness doctrine and my rights under the Illinois Constitution, and the First and Fifth Amendments of the U.S. Constitution.”

Afterward, the judge released him from having to testify, over the objections of R. Kelly’s attorneys. The Sun-Times story also said this, however:

But urging Gaughan to force DeRogatis to testify, Martin argued that the statute of limitations protected DeRogatis from prosecution. Even if it didn’t, DeRogatis should be offered immunity, he said. Arguing that the Illinois reporter’s privilege and the First Amendment did not apply to DeRogatis in this case, he added, “Being a reporter does not give you a license to commit crimes.”

Siding with Dunn, Gaughan said that he had no power to grant DeRogatis federal immunity. He said DeRogatis would not have to testify, also refusing the defense’s request that DeRogatis be forced to assert his Fifth Amendment privileges in front of the jury.

DeRogatis will have to turn over his notes from an interview with Sparkle by 4 p.m. today, the judge said. Gaughan said he would review the notes in private to see if they reveal any of DeRogatis’s sources.

“He’s free to go,” Gaughan said, concluding the hearing.

Emphasis added. “Sparkle” is a onetime R. Kelly protégé named Stephanie Edwards, who recorded under the name Sparkle. She is also the aunt of the girl on the videotape that is at the center of the case, and has ID’ed R. Kelly and her niece as being on it. She was also one of DeRogatis’s original sources. Unless I missed it, the coverage of the case from Chicago has never explained why the defense wanted DeRogatis’s notes from the interview (presumably the one during which he played the tape for Edwards), or the grounds on which the judge ruled DeRogatis had to produce them.

Chicago Tribune’s coverage is here.

The defense’s case begins today.

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The Daily Swarm is also following the R. Kelly case, and Jim DeRogatis’s situation, closely.

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Disclosure: Hitsville is an old friend of Jim DeRogatis; we started the radio show “Sound Opinions” together.

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Earlier in Hitsville:

Everything you need to know about the R. Kelly case

R. Kelly Sexfacts™ IV: The Quantum of Solace! The complete prosecution case!

The Godfather Who Shagged Me: The complete R. Kelly SexFacts™, Parts I, II & III—Everything you ever wanted to know about the R. Kelly case

Targeting Jim DeRogatis—literally

More on L’affaire DeRogatis

The DeRogatis ruling

Bad craziness at the R. Kelly trial?

At the R. Kelly trial, they do things they don’t do on Broadway!

Ever hear the one about the guy convicted of murdering his parents who asked for mercy because he was a orphan?

The NYT and R. Kelly: Curiouser and curiouser

The NYT finally notices R. Kelly isn’t a nice guy

R. Kelly and the NYT: The Freaky Defense

Tribune, Sun-Times protest closed hearings in R. Kelly case

Secret hearings in the R. Kelly case

R. Kelly’s Publicist: He slept with my daughter!