James Holmes hearing: Fox News reporter to be subpoenaed about notebook leak
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.
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.
Attorney Daniel King.
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.