Defense in Aurora theater shooting still pushing for Fox reporter’s testimony

From The Denver Post: CENTENNIAL — Defense attorneys in the Aurora movie theater murder case plan to take their effort to subpoena a Fox News reporter all the way to the U.S. Supreme Court.

Last year, New York’s highest court ruled that a state law there protects journalists from having to reveal their sources and quashed a subpoena for reporter Jana Winter, who is based in New York. Defense attorneys want to find out who leaked information to Winter about a notebook that gunman James Holmes mailed to his psychiatrist.

At the end of a hearing in the murder case Friday, Arapahoe County District Court Judge Carlos Samour asked the defense whether it would petition the U.S. Supreme Court to review the issue.

“It’s my understanding they are going to seek a petition,” defense attorney Tamara Brady said.

A gag order prevented her from answering questions after the hearing about what she meant.

University of Denver law professor Justin Marceau said the Supreme Court can take a case only if there’s an issue related to the U.S. Constitution or other federal laws.

“It’s not immediately clear what the federal hook is,” he said.

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