Tag Archives: Jana Winter

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Fox News interview with Boston police commissioner after briefing on marathon bombing

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FoxNews.com reporter Jana Winter and Fox News correspondent Griff Jenkins caught up with Boston Police Commissioner Ed Davis as he was leaving the press conference held Thursday evening where the FBI released photos of the Boston Marathon bombing suspects. Video of the interview will air tonight on On the Record with Greta Van Susteren.

Q: What are you most hoping to get out of this [release of video and photos of the suspects] information-wise other than the identification of the suspects?

A: What’s most important is the proximity and locality of this individual. We want to get him into custody as soon as possible. They committed a heinous act are considered armed and dangerous.

Q: Do you believe [the suspects] have any ties to terror groups?

A: That’s all being researched right now.

Q: What have you learned…about the bomb that give us more info than we have other than the nails and bb’s?

A: What’s important is that the bomb was placed by one of these individuals and that’s clear on the video tape and that gives us probable cause.

Q: Did you find any other surveillance footage prior to or outside the perimeter or before?

A: That’s all being looked at.

Q: Are you looking at any one else that may or may not be connected to those individuals?

A: We’re looking at everyone.

From: http://feeds.foxnews.com/~r/foxnews/national/~3/Dt9JPH7InYM/

News, Politics, Government

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

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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.

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

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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.”

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

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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.

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

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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.

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

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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.

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

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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.

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

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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.

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First Amendment issues involved in Fox News reporter's case

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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.”

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

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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.

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NY Law School professor says Jana Winter should not face jail

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The director of program in law and journalism at New York Law School told Fox News Saturday that Jana Winter, the report who could go to jail for refusing to reveal her source for an exclusive story in the aftermath of the Aurora movie massacre, should not be punished for doing her job.

“She was doing her job and she was doing it well,” Michelle Zierler, the director, said. “She broke a story and it was a national news story.”

Zierler said although Colorado has a Shield Law, the law “is not as potent” as laws in place in other states.

“Journalists would like there to be a federal Shield Law for there to cover all the states,” she said. She said the judge, in this case, has discretion and it is unclear how much jail time Winter faces.

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

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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.

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

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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.

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Judith Miller, Kirsten Powers discuss case of FoxNews.com reporter Jana Winter

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While James Holmes potentially faces the death penalty in the July 20, 2012, massacre that left 12 dead and 58 injured at an Aurora, Colo., movie theater, a parallel court case is proceeding in which Holmes’ defense attorney is asking the court to compel a FoxNews.com reporter to reveal one of her sources.

Reporter Judith Miller and columnist Kirsten Powers appeared Friday on Fox News’ “Happening Now” to give their thoughts on the case of Jana Winter, the FoxNews.com reporter who could go to jail for refusing to reveal her source for an exclusive story about law enforcement officers obtaining Holmes’ notebook.

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

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Judith Miller, top attorney weigh in on Fox News' First Amendment fight

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Former New York Times reporter Judith Miller spent 85 days in jail in 2005 protecting the identity of her Bush administration source, who was involved in the controversial disclosure of a CIA employee’s identity.

Her attorney during the legal battle was Floyd Abrams, known as one of the top First Amendment lawyers in the country.

Miller and Abrams both stopped by “American Live w/Megyn Kelly” on Friday to discuss the case of FoxNews.com reporter Jana Winter, who could go to jail for refusing to reveal her source for an exclusive story in the aftermath of the July 20, 2012, movie theater massacre in Aurora, Colo.

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

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National Press Club calls for judge to drop case against Fox News reporter

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The National Press Club, which includes 3,500 members, including journalists from every major news organization, released a statement in support of FoxNews.com’s Jana Winter. Winter has been called to appear in a Colorado courtroom April 10 to face a judge who is considering putting her on the stand and compelling her to reveal the sources who told her about a notebook Aurora, Colo., shooter James Holmes sent his former psychiatrist.

Here is the statement in full:

The National Press Club on Friday respectfully urged a Colorado judge to drop his push to force a reporter to reveal her confidential sources for a story about the alleged shooter in the last July’s shooting spree in an Aurora, Colo., theater.

Jana Winter of Fox News reported days after the deadly shooting that the defendant in the case, James Holmes, had sent his psychiatrist before the shootings occurred detailed drawings of people being killed. All information in the investigation of Holmes was under seal. Winter had cited law-enforcement officials as her source.

Colorado has a shield law that protects reporters from being forced to disclose confidential sources, but it allows judges to compel disclosure in certain circumstances after other options for finding the source have been exhausted. The judge is reportedly taking these initial steps to find out who told Winter about the letters, but he has nonetheless subpoenaed Winter to testify.

“Courts have the right to enforce the confidentiality of investigations, and that may in some cases require punishing leakers,” National Press Club President Angela Greiling Keane said. “But attempting to get that information by subpoenaing reporters in order to learn their anonymous sources goes too far. It jeopardizes a value of greater significance. If anonymous sources believe their identities can be dredged up in court, they will be less likely to disclose to the press information of vital public importance. That’s not a risk worth increasing.”

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Free press fight: How Fox News reporter wound up facing jail for doing job

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Fox News reporter Jana Winter faces jail for doing her job too well.She’s not been accused of any crime, only of protecting the identity of confidential news sourceswhile reporting an important development in a major national story. A Colorado court has now compounded a pending murder trial with a second legal case, onewith profound First Amendment ramifications.

The story started on July 20, 2012, when James Holmes walked into a midnight showing oftheBatmanfilm “The Dark Knight Rises”in an Aurora, Colo., theater and unleashed a hail of gunfire that left 12 people dead and 58 injured.The horrific shooting spree left the nation stunned and looking for answers.

The Story and Sources

Fox News sentWinter, aveteranreporterbased in New York,to Colorado to cover theshooting and its aftermath.Wintersoonbroke an exclusive storyrevealingthat, prior to the shooting,Holmes had sentapackage to a University of Colorado psychiatristthat included a notebook”full of details about how he was going to kill people,”according to one of Winter’s sources.HerJuly 25article onFoxNews.comalso reported that the notebook contained illustrations of a massacre, including drawings of gun-wielding stick figures shooting other stick figures.

The package, sent to Dr. Lynne Fenton, is now in the hands of Holmes’ defense attorneys, who have not released any further details on its contents.

Read affidavit of FoxNews.com reporter Jana Winter

Winter’s story cited unnamed law enforcement sources and drew an immediate reaction from Holmes’attorneys. They accused the government of violating various gag orders that ArapahoeCounty District CourtJudge William Sylvester had issued in the days following the shooting andassertedthat the disclosures violated Holmes’ right to a fair trial. Further, theysought the judge’s help in hunting down and punishing thesourcesof the story.

Sylvester allowed Holmes’ lawyers to launch an investigation, which includedcallingmore thana dozen law enforcement officers to the witness stand. Eachofficer deniedhavingtalkedto the media. When superficial questioning failed to uncover the leaker, attorneys for Holmes shifted their focus toWinter, hoping to force herto reveal her sources.

Legal Wrangling in New York and Colorado

In January, Holmes’ defense team successfully petitioned Sylvester to begin the process to compel Jana Winter to testify in the Aurora courtroom, produce her notes and identify her sources. Winter lives in New York where she works for Fox News, so a New York judge’s sign-off was required.

Justice Larry Stephen of Manhattan signed a subpoena, butWinter’s attorney, Dori Ann Hanswirth, has filed papers to appeal that decision.

“We hope that the appellate court will decide our request for a stay soon so that Jana is not required to return to Colorado until after her appeal is decided,” Hanswirth said.”New York‘s strong commitment to protecting confidential sources is at stake, and Jana shouldn’t have to travel out of state to testify before a New York appeals court has the chance to say whether the law requires her to do so.”

“The subpoena of Ms. Winter is absolutely troubling,” said University of Colorado at Boulder Journalism Professor Len Ackland.”An important way that journalists inform the public – their obligation as self-appointed, self-anointed public servants – is to have sources tell them what is really happening on matters of …read more

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Fox News reporter faces Aurora judge over refusal to reveal sources

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The FoxNews.com reporter who broke the exclusive story about a notebook that Colorado shooter James Holmes sent to his psychiatrist is in a courtroom this morning, facing contempt and possible jail time in a case experts say has chilling ramifications for the First Amendment.

Jana Winter is set to appear before Arapahoe County District Judge William Sylvester, who required her in response to a Holmes’ defense attorney request that she reveal the sources of her story. Attorneys for Fox News objected to the Winter subpoena. They declined to comment on the case in advance of the hearing.

The case is being monitored by First Amendment watchdogs and journalism advocates, who said Sylvester is sending an ominous message to the media – as well as the public – in asking Winter to reveal her sources.

“This is the classic reason to have shield laws,” said Gene Policinski, senior vice president and executive director of the First Amendment Center, based in Washington, D.C. “There must be protection for journalists to be free to report what they know, because that is how the public takes measure independently of how the courts operate.”

Sylvester issued a gag order to law enforcement authorities in the days following the July 20 attack, in which Holmes allegedly killed 12 and injured 70. Holmes’ attorneys claim Winter’s story, published on July 25 and picked up by media outlets around the world, has jeopardized his right to a fair trial.

However, Holmes’ attorneys have also said they would enter a guilty plea and avoid trial if prosecutors agreed not to seek the death penalty. Prosecutors have previously said they are not interested in accepting the plea deal, and are expected to address the issue on Monday, when Holmes is also set to appear.

Winter’s story cited unnamed law enforcement sources in describing the contents of the notebook Holmes sent to Dr. Lynne Fenton, a psychiatrist who saw Holmes while he was a neuroscience graduate student at the University of Colorado’s Boulder campus. Sylvester allowed Holmes’ lawyers to launch an investigation after the story ran in an attempt to uncover Winter’s sources, but none of the more than a dozen law enforcement officials who were called to testify admitted talking directly to the media. They were not asked to say if they had discussed the notebook with others.

Requiring the testimony of a reporter to learn who violated a gag order is rare – and almost never warranted – argued Gregg Leslie, legal defense director for the Arlington, Va.,-based Reporters Committee for Freedom of the Press.

“In a case like this, you initially understand the judge’s interest in finding out who violated an order, but you don’t do that by making a journalist violate their promises of confidentiality,” said Leslie, who said concerns that leaks violate a defendant’s right to a fair trial are often “overblown, or fade quickly.”

Reporters have a tradition of protecting sources, even under the threat of jail. Pulitzer Prize-winning reporter Judy Miller, currently a Fox News contributor but at the time with The New …read more
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Holmes defense: Don't delay reporter's testimony

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Lawyers for Colorado theater shooting suspect James Holmes are objecting to a Fox News reporter’s request to delay her court appearance to testify about her confidential sources.

In a motion made public Tuesday, Holmes’ lawyers say a New York judge rejected Jana Winter‘s request for an immediate stay.

Winter lives there and is scheduled to appear Monday in Colorado.

The Colorado judge hearing Holmes’ case hasn’t said when he would rule on the requested delay.

Winter reported that Holmes sent a psychiatrist drawings that foreshadowed the July 20 attack, which killed 12 and injured 70. She quoted unnamed law-enforcement officials.

Holmes’ lawyers say that violated a gag order. They want to know who was responsible.

Winter’s lawyer argues that New York‘s “shield law” allows her to keep her sources confidential.

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