After the music critic Jim DeRogatis failed to show in court today, the judge in the R. Kelly trial threatened to have him arrested.

According to the Associated Press, The Chicago Sun-Times reporter Jim DeRogatis, who is responsible for passing the sex tape on to the police in 2002, failed to appear in court today despite having been subpoenaed.

A lawyer for the Sun-Times, Damon Dunn, argued this morning that DeRogatis should be protected from testifying by Illinois reporter's privilege since an appeal is pending. However, as reported by the Chicago Tribune, Judge Vincent Gaughan ruled since it was filed in the wrong court there is technically no outstanding appeal.

The judge said DeRogatis is "a material witness to a crime" and is not protecting a source therefore he is not protected under the law as a reporter. Gaughan also told Dunn, "You're protecting something that nobody is after."

As reported last week, DeRogatis was ordered to testify by Judge Vincent Gaughan. At that time he ruled Kelly's team is prohibited from inquiring how DeRogatis received the tape and whether he made a copy of it.

The defense is hoping his testimony will shed light on what was done with the tape from the time he first received it in early 2002 to when it was handed over to police.

The prosecution rested their case yesterday after their key witness Lisa Van Allen identified both Kelly and the alleged female on the tape and admitted to having at least three sexual trysts with the pair.

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

The defense is scheduled to present their case to the jury tomorrow.