Fox reporter's lawyers seek to keep sources secret
ALBANY, N.Y. (AP) — New York's highest court will decide whether state law protects a Fox News reporter from revealing confidential sources from a story about James Holmes, who's accused of killing 12 people in a suburban Denver movie theater last year.
Holmes' lawyers want Jana Winter, who works at New York-based Fox News, brought to a Colorado courtroom to name two law officers who told her Holmes had mailed a notebook depicting violence to a psychiatrist. They argue the sources violated a gag order, may have later lied under oath about that and won't be credible as trial witnesses.
FILE- In this April 10, 2013 file photo, Fox television reporter Jana Winter, right, and her attorneys arrive at district court for a hearing for Aurora theater shooting suspect James Holmes in Centennial, Colo. Winter’s lawyers want a New York appeals court to quash a subpoena that requires her to appear at a hearing in Colorado to name her sources cited in a 2012 article. She reported that Colorado shooting suspect James Holmes sent violent drawings to a psychiatrist before he opened fire on a packed movie theater in July of 2102, killing 12 people. (AP Photo/Ed Andrieski, File)
Holmes' attorneys argue that New York journalists, as a group, are not immune from being subpoenaed to testify in other states.
The Court of Appeals will hear arguments Tuesday. Its ruling is expected in December.
Holmes has pleaded not guilty by reason of insanity. His murder trial is scheduled for February.
New York has a strong so-called "shield law" protecting professional journalists from having to disclose their confidential sources and preventing courts from finding them in contempt if they don't disclose. Colorado has a similar law, but with an exception to subpoena information "directly relevant to a substantial issue" that cannot be obtained elsewhere.