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Reporter Appeals Subpeona Over Holmes Story

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James Holmes in court on March 12, 2013 (credit: CBS)

James Holmes in court on March 12, 2013 (credit: CBS)

DENVER (AP) — An attorney for New York reporter Jana Winter has asked her state’s highest court to reject a Colorado subpoena seeking to identify her sources for a story about theater shooting suspect James Holmes.

Winter’s attorney filed an appeal notice Wednesday with the New York Court of Appeals.

Winter, of Fox News, reported that Holmes sent violent drawings to a psychiatrist. Her story cited unidentified law-enforcement officials.

Holmes’ attorneys said Winter’s sources violated a gag order. They also said officials who denied being Winter’s source might have lied, undermining their credibility as witnesses.

Colorado needs New York’s approval to enforce the subpoena. Two lower New York courts have ruled the subpoena valid.

Holmes pleaded not guilty by reason of insanity to charges of killing 12 and injuring 70 in July 2012.

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 This material may not be published, broadcast, rewritten or redistributed.)

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