Trials & Litigation

Defense in Colo. Movie Theater Massacre Plans to Subpoena Fox Reporter re Gag Order Issue


An already complicated case over the massacre of a dozen people in an Aurora, Colo., movie theater last summer during a screening of the new Batman film is becoming more so, as a showdown looms over what the defense claims is a violation of a judge’s gag order.

After testimony of 14 law enforcement officers at a hearing Monday did not reveal the source of a leak to a Fox News reporter about a notebook written by suspect James Holmes and mailed to his psychiatrist at the University of Colorado, counsel for Holmes said the defense intends to subpoena the reporter, Jana Winter, according to the Denver Post and Reuters.

The defense is seeking sanctions against the violator of the court order, and it may also be hoping that the move could serve as a strategy to help Holmes, if convicted, avoid the death penalty.

A spokesperson for Fox News told Reuters: “We have not received a subpoena on Jana Winter’s behalf and will evaluate once we do.”

Related coverage:

ABAJournal.com: “4 Guns Found After Colo. Movie Theater Shooting Rampage That Left 12 Dead Were Legally Purchased”

ABAJournal.com: “Colorado Shooting Suspect Goes to Court Today; Is Notebook a Privileged Patient Communication?”

ABAJournal.com: “Will U of Colorado Face Duty-to-Warn Suits re Off-Campus Movie Theater Shooting Spree?”

ABAJournal.com: “First Suits Filed re Shooting Spree During Batman Movie Blame Colo. Theater for Lax Security”

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