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Reporter: Theater Shooting Subpoena Causing Hardship

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James Holmes in court in June 2013 (credit: CBS)

James Holmes in court in June 2013 (credit: CBS)

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DENVER (AP) – Fox News reporter Jana Winter said Tuesday her career and personal life are suffering severe hardships because of attempts to force her to reveal her sources for a story about Colorado theater shooting suspect James Holmes.

Winter’s lawyers filed a motion Tuesday asking the judge to quash a subpoena for her testimony about her sources, saying Holmes’ lawyers haven’t shown the information is necessary despite months of trying.

In an affidavit filed with the motion, Winter said numerous sources have stopped speaking to her because of the subpoena, derailing stories on a national security investigation, breaches in a military program and about Holmes’ family relationships.

She also said her personal life is “suffering greatly.”

Holmes is accused of killing 12 people and injuring 70 in a suburban Denver theater in July.

He pleaded not guilty by reason of insanity to multiple counts of murder and attempted murder. Prosecutors are seeking the death penalty.

Winter reported – citing unnamed law-enforcement officials – that Holmes sent a psychiatrist a notebook before the attack containing violent drawings.

Holmes’ lawyers said the leak violated a gag order and asked the judge to punish whoever was responsible. They also said law-enforcement officers might have lied when they testified during a hearing that they weren’t Winter’s source, undermining their credibility if they testify at the trial.

Judge Carlos A. Samour Jr. hasn’t ruled on whether he will order Winter to reveal her sources, saying it’s not yet clear whether the notebook will be an issue at the trial.

Winter, who is based in New York, has argued that New York and Colorado shield laws protect her from having to reveal her sources.

She has said she won’t reveal her sources, even though she could be jailed for contempt of court.

In her affidavit, Winter also said the subpoena is causing panic attacks and anxiety.

She said she has been threatened with a gun, caught in gunfire and chased with a chain saw and added, “I do not scare easily, and this is the first time in my life that I have been paralyzed with fear.”

- By Dan Elliott, AP Writer

(© Copyright 2013 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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