Tag Archives: James Holmes

A year later, survivors recall Aurora shooting

It is not a small club, the survivors of the shootings at Theater 9.

The Century 16 auditorium was packed — 421 men, women and children who had turned out for a midnight showing of “The Dark Knight Rises.” When a bizarre figure, helmeted and clad in black, appeared before them in a cloud of smoke, they reacted with bemusement and amazement, shock and confusion and — finally — horror.

Twelve people died, 70 were injured, and more than 300 fled into the night and the arms of loved ones.

A year later, the survivors cannot forget their terror, or the injuries they suffered, or their losses. But they search for meaning, and sometimes find it: the victims whose faith has strengthened; the father who lost his son but found a cause; the couple who believe that the anniversary of a hateful act can be transformed by love.

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Pierce O’Farrill was sitting a few rows up on the right side of the theater when he saw a tear gas canister fly in front of the movie screen, followed by the silhouette of the gunman and a green laser shining from the scope of one of his weapons.

“My heart just kind of stopped,” O’Farrill says. “I can still in my head hear the (gunman’s) footsteps. Everything went quiet for me.”

A blast from a shotgun hit him in the chest and the left foot as he tried to take cover. Moments later, the gunman came closer and shot him with a .40-caliber pistol, shattering his left arm. The shot barely missed a nerve that controls hand function, doctors told him.

O’Farrill, 29, still has shotgun pellets in his chest and a bullet lodged in his arm. It aches when he exercises or when a storm is approaching.

Still, he says, as a devout Christian — a worker for the Denver Rescue Mission — he forgives the man charged in the shootings.

O’Farrill says he saw James Holmes for the first time in the hospital, on television news.

“When I saw him, I saw a lost soul,” he …read more

Source: FULL ARTICLE at Fox US News

A look at the court case against James Holmes

The case so far against James Holmes, and a look at what’s to come:

July 20, 2012 — A person wearing a mask hurls a gas canister and begins firing into a midnight showing of “The Dark Knight Rises.” Holmes is arrested behind Aurora’s Century 16 theater, standing quietly next to his car.

July 23 — His hair dyed a blazing reddish-orange, Holmes appears in court for the first time.

Oct. 11 — Prosecutors finalize the charges against Holmes: 24 counts of murder and 140 counts of attempted murder, two counts for each victim. He’s also charged with one count of possession of explosives and one of committing a crime of violence.

Nov. 13 or 15 — Holmes is taken to a hospital psychiatric ward because he is considered a danger to himself, his lawyers say. They later reveal Holmes was hospitalized a second time for “potential self-inflicted head injuries.”

Jan. 10, 2013 — Judge rules there’s enough evidence to try Holmes on all counts.

March 13 — Judge enters a not guilty plea on Holmes’ behalf after defense says he isn’t ready to enter a plea.

April 1 — Prosecutors say they will seek the death penalty.

May 13 — Holmes’ lawyers ask the judge for permission to change his plea to not guilty by reason of insanity.

June 4 — Judge accepts insanity plea and orders Holmes to undergo a mental evaluation.

Sept. 16 — Deadline for Colorado Mental Health Institute to submit report on Holmes’ sanity.

Feb. 3, 2014: Trial is scheduled to begin with jury selection. As many as 5,000 prospective jurors will be summoned. Judge has set aside four months for trial.

…read more

Source: FULL ARTICLE at Fox US News

DA pushes to let Colo. shooting victims at trial

Prosecutors in the Colorado theater shooting case say they have received “a voluminous number” of calls from victims who are worried they won’t be able to attend the suspect’s trial or hearings.

A judge has yet to rule on prosecutors’ request to exempt victims from an order barring people who might testify at James Holmes’ trial from being in the courtroom. The judge previously exempted Holmes’ parents.

Prosecutors say in court documents filed Wednesday that a gag order has kept them from fully discussing the case with victims, and their first opportunity to hear certain details may be at future hearings.

Holmes’ attorneys have said keeping potential witnesses out of courtroom will prevent them from tailoring their testimony to that of other witnesses.

Holmes has pleaded not guilty by reason of insanity to charges stemming from the theater attack July 20.

…read more

Source: FULL ARTICLE at Fox US News

Holmes lawyers revive constitutional questions

Lawyers for Colorado theater shooting suspect James Holmes suggested again Friday that they might challenge the constitutionality of state laws on the death penalty and insanity pleas.

Holmes’ attorneys said in a written motion that overlapping elements of the laws could violate Holmes’ protection against self-incrimination, his right to present evidence in his own defense, and other provisions of the U.S. and state constitutions.

Holmes is charged with more than 160 counts, including murder and attempted murder. Prosecutors say he spent months buying guns and thousands of rounds of ammunition, donned police-style body armor and opened fire in a crowded Aurora theater during a midnight showing of the latest Batman movie on July 20. Twelve people were killed and 70 injured.

Prosecutors are seeking the death penalty.

Holmes’ lawyers tried to raise their constitutionality questions in March, but Judge William Sylvester refused to consider them. Prosecutors had not yet said whether they would ask for the death penalty, so Sylvester said questions about the laws were only speculative at the time.

Holmes was widely expected to enter an insanity plea but so far has not.

His lawyers told Sylvester in March they had too many questions about the insanity and death penalty laws to give Holmes sound advice, and that Holmes declined to enter a plea. Sylvester entered a not guilty plea on Holmes’ behalf but said Holmes could ask to change to an insanity plea later.

Sylvester has withdrawn from the case, citing his workload as the chief judge in a busy district. He appointed District Judge Carlos Samour Jr. to take over.

Defense lawyers revived their questions in a motion asking Samour for more time to respond to a revised list of cautions Holmes would have to sign if he wanted to plead insanity or if he wanted to enter a standard plea of not guilty but still introduce expert testimony about his mental condition.

One of the cautions says Holmes must cooperate with doctors during a mandatory mental health evaluation or he won’t be able to present mitigating evidence about his mental state if he is convicted and a jury decides whether he should be executed.

That caution is at the core of the constitutional questions by

From: http://feeds.foxnews.com/~r/foxnews/national/~3/LnlSPrRRsIE/

Wrongful death claims kept open in Colo. shootings

A federal judge has declined to dismiss wrongful death and liability claims filed against Cinemark USA, the company that owns the Colorado theater where 12 people were shot to death last summer.

In a ruling released Wednesday, Judge R. Brooke Johnson dismissed separate claims that Cinemark was negligent in the July 20 shootings, which injured 70. The ruling was one of several legal hurdles the lawsuits had to clear before trial.

A spokeswoman for Cinemark said the company had no comment.

The ruling came in 10 lawsuits. The plaintiffs include relatives of the dead, people who were injured and witnesses.

James Holmes has been charged with multiple counts of murder and attempted murder. A judge entered a not guilty plea on his behalf. Prosecutors are seeking the death penalty.

From: http://feeds.foxnews.com/~r/foxnews/national/~3/NePokLv8fbw/

Kevin Michael Purfield Charged With Harassing Aurora Theater Shooting Victims’ Families

By The Huffington Post News Editors

PORTLAND, Ore., April 10 (Reuters) – An Oregon man with a history of mental distress was arrested on Wednesday on suspicion of harassing family members of some of the 12 people slain by a gunman who opened fire on moviegoers inside a Colorado, theater last summer, police said.
Kevin Michael Purfield, 45, of Oregon, is accused of contacting relatives of the Aurora, Colorado, victims through telephone calls, email and social media networks, police in Portland and Aurora said.
Portland Police Bureau Sergeant Pete Simpson said he had little information about Purfield’s background aside from the fact that law enforcement had previous contact with the suspect, including at least one “mental health call.”
A spokesman for the Aurora police, Frank Fania, said Purfield’s contacts with victims’ families numbered in the dozens, and started with the suspect offering unfounded conspiracies about the massacre.
“In the beginning it was this conspiracy theory stuff,” Fania said, “then it went away from the conspiracy theory into personally attacking the families, calling them names and hoping bad things would happen to them.”
A Facebook page and blog identified as belonging to Purfield stated, for example, that some coffins of the Aurora victims were empty. There were also discussions of the Sept. 11, 2001, attacks on America and the December 2012 mass shooting that left 20 children and six adults slain at Sandy Hook Elementary School in Newtown, Connecticut.
The suspect in the Aurora shooting rampage, James Holmes, 25, is charged with multiple counts of first-degree murder and attempted murder, and prosecutors announced last week that they would seek the death penalty if he were convicted.
The July 20 shooting spree, unleashed during a midnight showing of the Batman film “The Dark Knight Rises,” also left 58 people wounded and ranks with the Sandy Hook killings as one of the deadliest bursts of U.S. gun violence ever.
Aurora police contacted the Portland Police Bureau in February, seeking assistance in an investigation into the harassment reported by victims’ families.
Purfield was arrested without incident

Source: FULL ARTICLE at Huffington Post

Colorado taxpayers may be on hook for Fox News' reporter's travel expenses

A Colorado judge has ordered New York-based Fox News reporter Jana Winter to attend a hearing Wednesday as part of theater shooting suspect James Holmes‘ attempt to identify her confidential sources.

The attorneys plan to re-question a police investigator about whether he told anyone about the contents of a notebook Holmes mailed to a University of Colorado, Denver psychiatrist before the July 20 attack.

Holmes, who had been a student at the university, is charged with fatally shooting 12 people and injuring 70 in a packed Aurora theater. The judge entered a not guilty plea on his behalf. Prosecutors are seeking the death penalty.

Winter wrote a story in July citing unnamed law enforcement officials as saying the notebook contained drawings depicting violence.

Holmes’ lawyers want to know the names of the law enforcement officials who spoke to Winter. The defense argues the leak violated a gag order and could weaken the credibility of those officials if they are called to testify in a trial.

Winter argues she should not have to identify her sources under Colorado and New York shield laws that protect reporters’ sources under some circumstances.

Ken Paulson, president of the First Amendment Center, which advocates for free speech and a free press, said Winter’s reporting served the public interest.

Jana Winter‘s reporting was important because it shed light on whether a public university had overlooked clear signals that the public was in danger. What could be of greater public interest than that?” he said.

“We want reporters to provide us that information because we know that public institutions will not voluntarily reveal that they are guilty of a lapse. This was a core function of a reporter under the First Amendment, reporting on people in power and telling the public exactly what they need to know,” Paulson said.

If the judge orders Winter to reveal her sources and she refuses, she could be jailed.

Winter’s attorney, Dori Ann Hanswirth, said Colorado law requires the Colorado Office of the Public Defender, which is representing Holmes, to pay Winter’s travel expenses. She said the total for Winter’s two trips to date is $1,878.

The public defender’s office refused to disclose the costs, citing the gag order and attorney-client privilege.
The judge has said Winter likely will have to make a third trip to Colorado before the question is resolved.

Taxpayers likely incurred additional expenses for attorneys in New York who argued on Holmes’ behalf against Winter’s requests for a judge there to quash the Colorado subpoena. The public defender’s office did not immediately return a call seeking comment.

On the same day that Winter’s story appeared on FoxNews.com, NBC News reported that the notebook contained “writings about killing people,” citing a senior law enforcement official whom it did not name. It’s unclear whether Holmes’ attorneys sought the network’s sources. An NBC News spokeswoman did not immediately return a call.

Source: FULL ARTICLE at Fox US News

Fox News reporter Jana Winter in Colorado court for hearing to protect confidential sources

FoxNews.com reporter Jana Winter will be in a Colorado courtroom Wednesday for the latest in a series of hearings that will determine if she could be sent to jail for protecting her confidential sources.

Arapahoe County District Judge Carlos Samour Jr. on Monday said it is still too early to decide if Winter, who broke an exclusive story revealing the existence of a notebook that accused mass murderer James Holmes sent to his psychiatrist in the days before the Aurora, Col. shooting last year, would be asked to reveal her sources.

Holmes’ lawyers claim Winter’s sources violated a gag order, and may have undermined his right to a fair trial.

Winter’s lawyers have argued that a Colorado shield law and the First Amendment protect her from having to reveal her sources.

Samour, who inherited the Winter issue when he took over the Holmes case from Judge William Sylvester, who originally issued the gag order, said on Monday that Winter will not be forced to testify unless the notebook became evidence in the case.

Wednesday’s hearing is expected to focus on a law enforcement official who testified in December that he wasn’t the source of Winters’ story, but wasn’t asked if he spoke to anyone else about Holmes’ notebook.

The official will be questioned by Holmes’ attorneys, and lawyers for both Winter and the prosecution will be able to cross-examine the witness.

Winter herself is not expected to testify Wednesday. She has made clear in court filings that she will protect the identify of her sources if she is called to the stand.

“If I am forced to reveal the identities of persons whom I have promised to shield from public exposure, simply put, I will be unable to function effectively in my profession, and my career will be over,” according to an affidavit filed earlier with the court.

Numerous media organizations and First Amendment groups have spoken out in support of Winter. The Colorado Press Association, the Reporters Committee for Freedom of the Press and the Colorado Broadcasters Association have all filed affidavits with the court, asking that Winter not be required to testify. The American Civil Liberties Union and the Washington, D.C.-based National Press Club have also issued statements on Winter’s behalf.

The Colorado Press Association, the Reporters Committee for Freedom of the Press and the Colorado Broadcasters Association have all filed affidavits with the court, asking that Winter not be required to testify. The American Civil Liberties Union and the Washington, D.C.-based National Press Club have also asked Judge Samour to dismiss the defense bid to force Winters’ testimony.

“This seems nothing more than a witch hunt designed to silence the media on this case,” according to a statement issued Tuesday by the Society of Professional Journalists. “Since Winter’s situation does not meet the exceptions made in Colorado’s shield law, she should not be compelled to reveal her sources.”

Source: FULL ARTICLE at Fox US News

Protecting The First Amendment

By Doug Schoen, Contributor

Hearings in the James Holmes trial are underway and a trial date has been set for February 2014. There has been much discussion of the prosecution’s decision to seek the death penalty – a decision made in consultation with the victims’ families – but far less attention has been given to a tremendously important issue that has now become part and parcel of the Holmes trial: protecting our first amendment rights. …read more

Source: FULL ARTICLE at Forbes Latest

Colorado judge defers ruling on whether Fox News reporter must testify on sources

The Colorado judge who will decide whether a Fox News reporter must reveal news sources or face possible jail time has deferred that decision to a later date.

District Court Judge Carlos Samour Jr. ruled that the issue facing FoxNews.com reporter Jana Winter is not “ripe” for a final decision.In his order, released late Monday, he wrote that he will not rule on requiring Winter’s testimony until he first decides on whether a notebook mailed by James Holmes to a psychiatrist will be admissible as evidence in Holmes’ murder trial.

The ruling comes amid court hearings where Holmes is accused of murdering 12 people and injuring 58 in a July 20, 2012, shooting rampage at an Aurora, Colo., movie theater.

Winter broke an exclusive story revealing that prior to the shooting Holmes had sent a package to a University of Colorado psychiatrist that included a notebook “full of details about how he was going to kill people,” one source said. Her July 25 article on FoxNews.com also reported that the notebook contained illustrations of a massacre, including drawings of gun-wielding stick figures shooting other stick figures.

The Holmes defense team accused the government of violating gag orders that Arapahoe County District Court Judge William Sylvester had issued in the days following the shooting, and his lawyers asserted that the disclosures violated Holmes’ right to a fair trial.

After numerous legal fights, in which Winter has sought protection under New York‘s public policy protecting confidential sources and the reporter Shield Law in Colorado, she was required to attend an April 1 hearing in the Centennial, Colo., courtroom in the murder case now overseen by Judge Samour. Holmes’ lawyers argue that Winter’s protection from the Colorado Shield Law should not apply because, among other criteria that must be met, her reporting purportedly revolved around a “substantial issue” in the case.

Holmes’ notebook is not currently part of evidence in the proceedings and may never be, depending on further defense actions and judicial rulings. Because of that uncertainty, although Judge Samour said that he still will require Winter’s presence in court for hearing Wednesday on her request to invalidate her subpoena, it appears that he will not rule on that request, nor force her to testify, until a later date.

…read more

Source: FULL ARTICLE at Fox US News

Aurora Shooter Trial Forces Discussion On Press Freedom

By Steve Forbes, Forbes Staff

As the preliminaries for the murder trial of suspected Aurora, Colo., shooter James Holmes unfold, a compelling side-story is quietly developing that could have significant implications for freedom of the press in the United States. A hearing this Wednesday will likely determine whether a reporter working in Colorado can utilize one of the most effective tools for fighting government and corporate corruption: the confidential source. …read more

Source: FULL ARTICLE at Forbes Latest

Expert disputes claim reporter's story on Colorado massacre hurts gunman's defense

A criminal defense attorney has told Fox News that lawyers for the alleged Colorado massacre gunman, who are trying to get a judge to force a Foxnews.com reporter to reveal her story’s sources, are fighting over a leak that may actually be beneficial for their side.

FoxNews.com reporter Jana Winter wrote an exclusive story in 2012 that detailed how law enforcement officers obtained James Holmes‘ notebook, which he sent in a package to a University of Colorado psychiatrist. Holmes’ legal team wants Winter to reveal her sources, which they believe will enable him to have a fair trial.

Esther Panitch, a criminal defense attorney, said on “Happening Now” that the notebook story may boost the defense’s argument when Holmes goes to trial.

“It shows that he has a history of some type of mental health treatment,” she said. “So I’m not sure why the defense is going after this particular reporter for this particular leak.”

Dan Schorr, a former prosecutor, joined Panitch on a panel. He believes that Holmes’ attorneys are making an issue out of the notebook story so they can later appeal any possible conviction, which could include the death penalty.

“They’re going to throw every issue out there until something sticks,” Schorr said.

A ruling on whether Winter will be called to testify is expected Wednesday.

Click for full coverage of Fox News’ First Amendment fight.

…read more

Source: FULL ARTICLE at Fox US News

Napolitano: Reporter's testimony not needed for fair trial in Colorado massacre

A Fox News senior judicial analyst says the argument being made by alleged Colorado massacre gunman James Holmes‘ lawyers to get a FoxNews.com reporter to reveal her story’s sources doesn’t add up.

In 2012, Jana Winter wrote an exclusive story detailing how Holmes sent a package to a University of Colorado psychiatrist that included a notebook “full of details about how he was going to kill people,” according to one of her sources. Holmes’ lawyers believe their client won’t get a fair trial unless they know Winter’s source.

“It is the job of judges to find 12, in this case 16 … on the jury who can put aside what they know about the case and be truly fair,” Fox News senior judicial analyst Andrew Napolitano said on “America’s Newsroom.” “That’s what judges do. That’s what judges are paid for.”

Napolitano thinks reporters must be allowed to protect their sources to hold people, such as those in the government, accountable.

“Without whistle-blowers, without the (reporter) shield law, without reporters protecting their sources, when the government is involved we would have to rely exclusively on the government for this information,” he said. “The government is not very good about coming forward with information that makes itself look bad.”

A ruling on whether Winter will be called to testify is expected Wednesday.

Click for full coverage of Fox News’ First Amendment fight.

…read more

Source: FULL ARTICLE at Fox US News

Judith Miller not hopeful for FoxNews.com reporter facing jail time for not revealing source

A FoxNews.com reporter may likely be sentenced to jail for refusing to reveal her source for an exclusive story about law enforcement officers obtaining James Holmes‘ notebook, Fox News contributor Judy Miller said Monday.

A Colorado judge is expected to decide Wednesday whether Jana Winter will be called to testify to reveal her sources who provided the New York-based reporter with alleged Aurora shooter James Holmes‘ notebook, which he had sent to a psychiatrist. Holmes’ defense attorneys subpoenaed Winter to testify about who informed her about the notebook. Miller, who spent 85 days in jail after refusing to reveal her source in disclosing the identity of a CIA agent in 2005, told Fox & Friends on Monday that she sees parallels to the cases.

“I had a very similar situation to Jana’s,” Miller said Monday. “Jana broke a very important story in this case, but nevertheless I was faced with the same choice and I made the same decision that she seems to be making.”

Miller said reporters must be allowed to develop “personal trust” with sources. Otherwise, citizens will be forced to be dependent on what government entities and officials disclose to the public, she said.

“If we’re dependent on what the government tells us, the public never really gets to know what it needs to know about a situation,” Miller said. “And we can’t do our jobs without investigative reporting. That is, without going out and talking to people whom perhaps the government doesn’t want us to talk to, to give the public the full story, which is very much what Jana did and I tried to do.”

Miller continued: “But if we don’t have that personal relationship and a relationship of trust with our sources, people won’t tell us things, because they really are risking their careers when they tell us something that perhaps the government doesn’t want us to know.”

And while the information disclosed by Winter’s sources is now public, Miller said she’s not so hopeful regarding about her chances later this week.

“I think she may have to go to prison,” Miller said. “I’m certainly hoping the judge doesn’t put her in that position.”

Winter, meanwhile, has maintained that she will not reveal her source.

“I don’t think she ought to be forced to make a decision between burning a confidential source and going to jail when the information is already public,” Miller said.

…read more

Source: FULL ARTICLE at Fox US News

Attorney says government needs to re-evaluate state Shield laws after Fox News reporter's case

A constitutional attorney says the possibility that Foxnews.com reporter Jana Winter could go to jail for refusing to reveal her sources for a story in the aftermath of the Aurora movie massacre is enough for the government to re-evaluate state Shield laws.

David Rivkin, who appeared on Fox & Friends Sunday, said there needs to be a national solution that “would never put any reporter in that situation.”

In 2012, Winter wrote an exclusive story detailing how alleged gunman James Holmes sent a package to a University of Colorado psychiatrist that included a notebook “full of details about how he was going to kill people,” according to one of her sources.

Rivkin said Holmes’ lawyers believe they won’t get a fair trial if they don’t know Winter’s source.

“It’s a very weak argument,” Rivkin said.

Rivkin explained that New York, where Winter is based, has an Absolute Shield Law that protects reporters from revealing their sources. However, New York courts decided that Winter’s situation should be looked at under Colorado Shield laws, which contain exceptions that may allow reporters to testify.

“This whole story to me demonstrates that there is a need for a national solution,” Rivkin said.

Click for full coverage of Fox News’ First Amendment fight.

…read more

Source: FULL ARTICLE at Fox US News

First Amendment issues involved in Fox News reporter's case

FoxNews.com reporter Jana Winter is facing jail time for not giving up her sources in an exclusive story on a notebook allegedly kept by James Holmes, the accused shooter in Aurora, Colo., movie theater shooting in July 2012.

Susan Estrich, a professor of law and political science at the University of Southern California Law School, said Saturday on “America’s News HQ” that if a reporter cannot protect the anonymity of their sources, people are not going to tell them things.

“In a government where we really believe that the check on power is a free press, you don’t want to stifle the ability of reporters such as Jana and others to get to the bottom of important stories and provide us with true and accurate information,” she said.

Estrich added that the notion that Holmes is not going to get a fair trial because he does not know the name of Winter’s sources seems “very much of a stretch.”

Click for more on Fox News’ First Amendment fight.

…read more

Source: FULL ARTICLE at Fox US News

Protecting sources: When the media becomes a part of the story

Fox News reporter Jana Winter is facing jail for refusing to reveal her source in an exclusive story on a notebook allegedly kept by James Holmes, the accused shooter in the July 2012 movie theater massacre in Aurora, Colo.

Winter has maintained that she will not reveal her source, a stance that saw former New York Times reporter Judith Miller sentenced to jail in 2005.

Miller spent 85 days in jail for protecting the identity of her Bush administration source who was involved in the controversial disclosure of a CIA employee’s identity.

“We cannot do our jobs without confidential sources or we will be repeating just what the government tells us,” Miller said on Fox News Watch Saturday.

“That is not the role of a free press,” she added.

A Colorado judge is expected to decide Wednesday whether Winter will be called to testify.

Click for more on Fox News’ First Amendment fight.

…read more

Source: FULL ARTICLE at Fox US News

As FoxNews.com wages free press battle in court, where is mainstream media?

FoxNews.com reporter Jana Winter could face a tough time avoiding jail for protecting her source in an exclusive story in the aftermath of the movie theater massacre last year in Aurora, Colo., but questions are being raised how much the mainstream media is raising the issue, as it has in past similar cases.

Commentators Jim Pinkerton and Julie Roginsky discussed aspects of the legal case and the media coverage on Friday on FoxNews.com Live.

Winter’s story was about law enforcement officers obtaining a notebook of the defendant in the massacre, James Holmes. A Colorado judge is expected to decide Wednesday whether Winter will be called to testify about her source.

Click for full coverage of Fox News’ First Amendment fight.

…read more

Source: FULL ARTICLE at Fox US News

Ex-federal prosecutor sizes up case of FoxNews.com reporter protecting source

Tom Dupree a former deputy assistant U.S. attorney general, told FoxNews.com Live on Friday that FoxNews.com reporter Jana Winter could face a tough time avoiding jail for protecting her source in an exclusive story in the aftermath of the movie theater massacre last year in Aurora, Colo.

“There’s no question she’s in a challenging position,” Dupree said.

Winter’s story was about law enforcement officers obtaining a notebook of the defendant in the massacre, James Holmes.

A Colorado judge is expected to decide Wednesday whether Winter will be called to testify.

Click for full coverage of Fox News’ First Amendment fight.

…read more

Source: FULL ARTICLE at Fox US News