Attorneys for Fox News reporter Jana Winter, who reported that Aurora theater shooting suspect James Holmes sent a notebook "full of details about how he was going to kill people" to a psychiatrist, are fighting to postpone a hearing at which she has been subpoenaed to testify about where she got that information.
Meanwhile, state prosecutors and Holmes's defense attorneys say they're ready to proceed with the April 1 hearing at which Winter was subpoenaed to testify. It's now up to the judge whether to delay the hearing.
Winter is based in New York, which means that a judge in New York has to sign off on the subpoena for her to appear in Colorado. On March 7, a New York judge did just that. But Winter's attorneys are now appealing that decision, a process that they say will likely take until June.
"We respectfully request that Ms. Winter's appearance be adjourned" so that the appeals court can decide whether she can be compelled to testify in Colorado, attorney Michael Theis wrote in a letter dated March 18 (and on view below). The next day, Theis followed up to say that the attorneys had filed the appeal that morning.
But Holmes's attorneys say they're ready to question her on April 1. State prosecutors say they're ready, too. The hearing has already been delayed once, from February 4 to April 1.
Winter cited unnamed law enforcement sources in her July 25 story about the notebook. In December, Holmes's attorneys tried to figure out where Winter got her information by questioning in court fourteen law enforcement officers who had access to the notebook. All of them denied being the source of the information.
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