Lawyers for accused Aurora, Colo., theater shooter James Holmes will ask the U.S. Supreme Court to compel Fox News reporter Jana Winter to reveal a source, the Associated Press reports.
The defense wants reporter Jana Winter to identify the law enforcement officials who told her that Holmes sent a notebook containing violent images to his psychiatrist before the 2012 attack.
Holmes’ lawyers say whoever spoke to Winter violated a gag order and should be punished. They also say that officers might have lied when they denied under oath being Winter’s sources, undermining their credibility as potential trial witnesses.
Winter has been fighting the request by Holmes’ attorneys since last year. Last December New York’s highest court said Winter could not be compelled to testify in Colorado. A Colorado legislator’s recent attempt to strengthen his state’s shield law went nowhere.