UPDATE: NY Judge Approves Subpoena of Fox Reporter

Arapahoe County, Colorado (Photo credit: Wikipedia)

Bronx County (N.Y.) Criminal Court Justice Larry Stephen this week signed off on a subpoena of Fox News reporter Jana Winter, requiring her to testify before Arapahoe County (Colo.) Judge William Sylvester concerning the confidential source(s) who allegedly provided her with information about a notebook Aurora shooting suspect James Holmes purportedly sent to a University of Colorado psychiatrist that allegedly detailed his plans to commit a mass killing.

The Reporters Committee for Freedom of the Press Web site (www.rcfp.org) reported that Winter's New York counsel plans to appeal Judge Stephen's approval of the subpoena, along with the judge's decision to seal the court records of yesterday's hearing, which far exceed counsel's request merely to redact Winter's home address from the court file.

Judge Stephen's grant of the subpoena is grounded in New York criminal law that permits an out-of-state party, in this case, the State of Colorado, to request a New York judge to compel a Gotham State citizen to appear in a foreign court to deliver "material and necessary" testimony without subjecting the New York citizen to undue hardship. 

Among the issues before Judge Sylvester at a scheduled April 1 hearing is which shield law, as between
New York [N.Y. Civ. Rights Law Art. 7, Sec. 79-h] and Colorado [Colo. Stat. Sec. 13-90-113], if either, is relevant to Winter's assertion that she should not be required to divulge confidential sources to the court. (See "TUOL" post 2/5/13).

Fox News Journo Seeks to Quash Subpoena in Aurora Shooting Coverage

. (Photo credit: Wikipedia)

Arapahoe County (Colo.) District Court Judge William Sylvester has scheduled a hearing for April 1, according to a Reuters wire service story, on whether New York-based Fox News journalist Jana Winter will have to testify pursuant to requests by attorneys for defendant James Holmes, the accused in the mass shooting last July at an Aurora theater screening of The Dark Knight Rises that left 12 dead and 58 wounded.

Prosecutors fear the start of the trial of Holmes will be delayed, but defense counsel contend Winter's coverage could taint the jury pool and interfere with their client's right to a fair trial by an impartial jury. Defense counsel want Winter to testify concerning the identities of anonymous law enforcement sources regarding her story about a notebook Holmes allegedly sent to Univ. of Colorado psychiatrist Lynne Fenton, the contents of which allegedly address plans for a mass killing, Reuters reported. Winter's story was reported after a gag order issued by Judge Sylvester took effect.

Winter is expected to challenge a subpoena to testify on First Amendment grounds, asserting reporter's privilege and looking to shield law protection from having to divulge confidential sources to authorities. Both New York [N.Y. Civ. Rights Law Art. 7, Sec. 79-h], where Winter is based, and Colorado [Colo. Stat. Sec. 13-90-113], where the trial will occur, boast shield laws that require authorities to show a compelling need for information that they are unable to obtain elsewhere before compelling journalists to testify.