AURORA | Lawyers in the James Holmes case will call a New York-based Fox News reporter to testify about who leaked information to her regarding a notebook Holmes sent his psychiatrist.
In a motion unsealed Friday, Judge William Sylvester agreed with Holmes’ defense team that the reporter, Jana Winter, should be called to testify about her sources.
Winter published a story July 25 that cited two unnamed “law enforcement sources” as saying the package Holmes sent his doctor included a notebook filled with sketches about the theater shootings.
If a law enforcement source leaked those details to Winter — something the prosecution has said may not have happened — it would be a violation of Sylvester’s gag order, which bars law enforcement from discussing the case with the press.
At a hearing last month, Holmes’ defense team called 14 witnesses who had contact with the package and each said they didn’t discuss the package with the media. After that, Holmes’ defense said they plan to subpoena Winter.
Another hearing on the matter is scheduled for Feb. 4, at which Winter is expected to be called to testify.
A spokesperson for Fox News said Friday they can’t comment on pending legal matters.