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.