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At his arraignment last week in Arapahoe County Court, defense attorney Daniel King revealed that a New York judge had signed a proposed subpoena for Fox News reporter Jana Winter to testify at the Colorado trial.
Days after the massacre, Winter wrote an exclusive that said Holmes had sent his University of Colorado psychiatrist a notebook containing images of "gun-wielding stick figures blowing away other stick figures" and "details about how he was going to kill people."
Though Winter did not identify the recipient of that notebook, a lawsuit filed by the widow of Jonathan Blunk, who died in the shooting, claims that psychiatrist Lynne Fenton failed to act after Holmes told her that "he fantasized about killing a lot of people."
Arapahoe County District Judge William Sylvester approved the subpoena request, saying: "The potential violation of this court's orders is a serious issue. The information about the package contents has received significant public attention that has implicated defendant's constitutional rights to a fair trial, to a fair and impartial jury, and to due process as protected by the Fifth, Sixth, and Fourteenth Amendments."
He warned that any sources that lied under oath could face felony charges.
If this statement is accurate, then due to the fact that all who had access to the package denied under oath that they spoke to her or knew anyone who spoke to her, perjury in the first degree may be implicated under CRS 18-8-502. Under Colorado law, this is a class four felony. If her assertion is inaccurate, then substantial resources will have been unnecessarily expended pursuing this issue."
Originally posted by heyitsok
I would make the decision based on the factuality of the information leaked. If the leaked info is accurate, then side with the reporter. If it is inaccurate or false, then side with the defense and force the revelation of the source.