By Vignesh Ramachandran, Staff Writer, NBC News
Attorneys for Aurora, Colo., movie theater shooting suspect James Holmes have filed a motion to postpone a hearing pertaining to a Fox News reporter and her sources.
The defense's court?documents filed on Friday?ask to move a Feb. 4 hearing in which Fox News reporter Jana Winter was expected to testify. On Jan. 18, a judge ordered Winter to testify about her source who allegedly gave her information about the contents of Holmes' notebook sent to his psychiatrist, The Associated Press reported.
Homes has been charged for allegedly killing 12 and injuring 58 others at an Aurora movie theater on July 20. His defense team claims information about the notebook Winter published in a July 25 article on FoxNews.com?compromises Holmes' right to a fair trial, the AP reported.
In her account, Winter's source describes the notebook as having details about how Holmes was going to kill people and including images of "gun-wielding stick figures blowing away other stick figures."
In Friday's court filing, Holmes' attorneys request that the hearing be moved to April 1, citing "a complex and difficult process" in obtaining an out-of-state subpoena.
"...Based on current attempts to communicate with Fox News, Jana Winter's employer, the defense anticipates ongoing resistance in efforts to compel Ms. Winter's attendance and testimony," the filing stated.
Just two days before the Fox News article was published, Arapahoe County, Colo., District Judge William Sylvester had issued a gag order on those involved with the case to avoid prejudice against Holmes, according to the AP. The leaked notebook contents could be a violation of that gag order.
Though journalists under Colorado law are protected by reporter's privilege, under certain circumstances they can be ordered to reveal their sources. In this case, the judge will decide if the interests of Holmes' defense outweigh the interests of the journalist, the AP reported.
The Associated Press contributed to this report.
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