The judge in the R. Kelly trial ruled today that an employee of the Chicago Sun-Times must testify for the defense.

According to the Sun-Times, Judge Vincent Gaughan said music critic, Jim DeRogatis who passed the sex tape in question onto the police in 2002 must not only testify but also turn over any notes relating to a meeting with former Kelly protégé, Stephanie "Sparkle" Edwards, that took place years ago.

A week ago, both sides met with the judge in a closed hearing where the defense asked for DeRogatis to take the stand. An attorney for the Sun-Times, Damon Dunn, argued this morning that DeRogatis should be protected from testifying by Illinois reporter's privilege and the First Amendment.

Defense attorney, Marc Martin told the judge, "This case began with Mr. DeRogatis passing on that tape and we certainly have a right to present that evidence to the jury."

The judge ruled in favor of the defense on the grounds that the reporter's privilege only protects journalists from identifying their sources, thus Kelly's team is not permitted to question DeRogatis on this topic. They are also prohibited from inquiring how DeRogatis received the tape and whether he made a copy of it.

In prior testimony DeRogatis told police an anonymous party left the tape in his box. The defense is hoping DeRogatis' testimony will undermine that of Sparkle who told police she saw a copy of the tape in the company of DeRogatis after he had already turned it over to police.

Martin went on to say that DeRogatis had an "extreme bias" against his client. "The bias was so strong that it impelled the reporter to violate the law." The defense believes DeRogatis made a copy of the tape before handing it over to police.

Following the ruling, outside court Dunn said DeRogatis planned to appeal.

Kelly faces 14 counts of videotaping, producing or soliciting child pornography and has pled innocent to all charges. If convicted the R&B singer could face up to 15 years in prison.