FILE – This April 1, 2013 photo shows New York-based Fox News reporter Jana Winter as she arrives at district court in Centennial, Colo., where she was subpoenaed to testify about who gave her confidential information about a notebook James Holmes sent to his psychiatrist days before he allegedly opened fire on a crowded movie theater in July 2012, killing 12 people. On Tuesday, Aug. 20, 2013, Winter lost another round in her battle to protect her confidential source. A New York state appeals court upheld a lower court’s decision to enforce a Colorado subpoena that could force her to reveal the names or go to jail. Colorado needs the approval of New York judges to enforce the subpoena. (AP Photo/Ed Andrieski, File)
DENVER (AP) — An attorney for New York reporter Jana Winter has asked her state’s highest court to reject a Colorado subpoena seeking to identify her sources for a story about theater shooting suspect James Holmes.
Winter’s attorney filed an appeal notice Wednesday with the New York Court of Appeals.
Winter of Fox News reported that Holmes sent violent drawings to a psychiatrist. Her story cited unidentified law-enforcement officials.
Holmes’ attorneys said Winter’s sources violated a gag order. They also said officials who denied being Winter’s source might have lied, undermining their credibility as witnesses.
Colorado needs New York’s approval to enforce the subpoena. Two lower New York courts have ruled the subpoena valid.
Holmes pleaded not guilty by reason of insanity to charges of killing 12 and injuring 70 in July 2012.