Colorado theater shooting suspect’s lawyers to subpoena reporter

CENTENNIAL, Colo. — 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 re- porter 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. Prosecutors said that the report was inaccurate and that 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 he is alleged to have opened fire on a midnight screen- ing of the new Batman movie in July. Authorities haven’t described the notebook’s contents.

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

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