Shooting suspect lawyers to subpoena reporter - 13abc.com Toledo (OH) News, Weather and Sports

Shooting suspect lawyers to subpoena reporter

Posted: Updated:

CENTENNIAL, Colo. (AP) - Attorneys for the Colorado movie theater shooting suspect plan to subpoena a Fox News journalist who was the first to report that James Holmes sent his psychiatrist a notebook full of violent descriptions.

The attorneys made the statement toward the end of a court hearing Monday after nine different law enforcement officials denied being the ones to tell reporter Jana Winter about the notebook. The defense argues the disclosure was a violation of a gag order in the case and is seeking sanctions against the leaker.

After authorities seized a package from Holmes in the mailroom of the University of Colorado, Denver four days after the shooting, Winter reported that it contained a notebook with violent descriptions of a possible attack. Defense attorneys quickly complained that the leak must have come from law enforcement and demanded sanctions, though prosecutors said the report was inaccurate and there was no indication it came from anyone with knowledge of the case.

The defense's plans to subpoena Winter could set up a courtroom clash over reporters' ability to protect their sources from disclosure.

In a statement, Fox said the network had not received a subpoena and would evaluate it if one does arrive.

Holmes sent a package containing the notebook and burnt paper money to his psychiatrist shortly before allegedly opening fire on a midnight screening of the new Batman movie in July. Authorities haven't described the notebook's contents.

Aurora Police Det. Alton Reed testified Monday he thumbed through the notebook to see if any burnt currency remained inside but didn't stop to look at any of the pages and wasn't able to make out any writing.

"I just kind of fanned through it with my thumb," Reed said.

In court on Monday, they said they became aware of it only after Holmes' attorneys contacted his psychiatrist, Dr. Lynne Fenton, and asked for it back. The package was then found, undelivered, in the university mail room.

Aurora Police Sgt. Matt Fyles testified Monday that his department and university police disagreed over which department had jurisdiction over the notebook.

Aurora police obtained a warrant hours after the notebook was found and took custody, but Fyles did not describe how the disagreement was settled. The notebook was later turned over to the court.

Holmes is charged with killing 12 people and wounding 70. A preliminary hearing to determine if there's enough evidence for Holmes to stand trial is scheduled for Jan. 7.

Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

  • Top StoriesMore>>

  • City has new weapons in the war on sinkholes

    City has new weapons in the war on sinkholes

    Sunday, July 27 2014 11:08 PM EDT2014-07-28 03:08:13 GMT
    Toledo has some new weapons in the war against sinkholes and that new technology could save a lot of time and money.
    Toledo has some new weapons in the war against sinkholes and that new technology could save a lot of time and money.
  • Neighbors shocked by "preventable" drowning

    Neighbors shocked by "preventable" drowning

    Sunday, July 27 2014 6:19 PM EDT2014-07-27 22:19:43 GMT
     Neighbors in Erie Township were shocked to hear about the drowning death of 34-year-old Jason Mitchell of Perrysburg. He drowned Saturday evening after falling off a jet ski in a private lake on Sterns Road.
     Neighbors in Erie Township were shocked to hear about the drowning death of 34-year-old Jason Mitchell of Perrysburg. He drowned Saturday evening after falling off a jet ski in a private lake on Sterns Road.
  • Small plane crashes in Hancock Co., 2 dead

    Small plane crashes in Hancock Co., 2 dead

    Sunday, July 27 2014 4:48 PM EDT2014-07-27 20:48:48 GMT
     Two people were killed in an early morning small plane crash near Findlay on Sunday.
     Two people were killed in an early morning small plane crash near Findlay on Sunday.

Area Events Calendar

See It, Shoot It, Send It!