Tag Archives: Judge Samour

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

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.

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Source: FULL ARTICLE at Fox US News