Judge Vincent Gaughan (GAWN) stopped short of issuing an arrest warrant for Jim DeRogatis (day-roh-GAH’-tus). Attorneys want to ask him how he got a sex tape in 2002 that’s now the center of the trial, but DeRogatis didn’t come to court Tuesday.

Gaughan issued a new order for DeRogatis to appear Wednesday.

Gaughan again rejected arguments that DeRogatis’ actions are privileged under the First Amendment and he shouldn’t have to appear. The judge says there’s no such privilege in this case because no one intends to ask DeRogatis about his work.

Kelly has pleaded not guilty to the charges.