James Holmes hearing: Fox News reporter to be subpoenaed about notebook leak

By Melanie Asmar Mon., Dec. 10 2012 at 3:25 PM

Lynne Fenton.

Update on our coverage of today's hearing in the James Holmes case (previous reporting below): Six more police officers testified after the lunch break, including the Aurora officer who wrote the warrant to seize the notebook, and who brought it to police headquarters. Detective Sergeant Matthew Fyles testified that he retrieved the notebook at 9 p.m. on July 23, the day it was found.

At headquarters, he said, he removed the notebook and the burned currency from a plastic evidence bag and re-packaged them in separate paper evidence bags, which he sealed.

Attorney Daniel King.

Fyles said he did not open the notebook or see its contents. He and the other officers who testified this afternoon also denied leaking information to the media.

As such, defense attorney King said he'll be issuing an out-of-state subpoena to the Fox News reporter who wrote the July 25 story that cited unnamed law enforcement sources as saying the notebook contained stick-figure drawings of a gun-wielding killer and details about murdering people. The reporter, Jana Winter, is based in New York, King said.

Prosecutor Rich Orman said he expects Fox will hire a "white-shoe law firm from 17th Street" that will dispatch a pack of lawyers to Colorado to fight the subpoena.

Both prosecutors and defense attorneys said they expect to be ready for a preliminary hearing in the case on the set-aside date of January 7. They'll meet in court once before then, on January 2, for a readiness conference. The Fox reporter will likely be subpoenaed to testify at a court date in February, along with one other member of the Adams County bomb squad who was on vacation today.

Continue to read our previous coverage about the James Holmes hearing.

Tags:

Aurora, hearing, James Holmes, law enforcement, leaks, notebook, theater shooting

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dcCU

also, why is the FBI involved? shooting did not occur on federal property. federal monies more than likely were not used bc stipends Holmes received wouldve been from last year? ApparentlyFBI didnt or couldnt deactivate the wires in Holmes' apartment. or did they? so why are they even involved? why did the FBI do DNA testing on a palmprint of theater door? Police shouldve been busy cordoning off the media from Holmes' apartment. That is a threat to national security letting the whole wide world know that it took that long for anyone in police, ATF, FBI, Homeland Security to defuse the explosives! Unbelievable, these journalists publish stories and info without regard to their country's safety!

dcCU

Abraham was careless! that is an understatement! how many years has he been on the force! even a rookie should know to use gloves. Also, it is a FEDERAL OFFENSE to open another's package. Why did they even use precaution with opening it? If it was dangerous defense nor Holmes would have asked for it back! and what about Holmes' 4th AMENDMENT RIGHT? I hope Judge Sylvester sanctions the police, in another article it states that over 14 officers handled the notebook! SANCTION THE GOVERNMENT, these guys are privy to privileged info and should not be acting like teenage gossips as they have done numerous times with Holmes' case