James Holmes case: Fox News reporter must appear in court despite chainsaw argument

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Jana Winter.
Update: The judge in the Aurora theater shooting case has ordered Fox News reporter Jana Winter to appear in court on August 19 so that he may continue her subpoena until September 30. In a submission filed last week, Winter refused to consent to appear on September 30, thereby making it necessary for the judge to hold a hearing on August 19 simply for the purpose of ordering her to come back in September. In an order (on view below), the judge chastises Winter for using her submission to once again argue that her subpoena should be dropped altogether.

"When the August 19 hearing was postponed until September 30, the only question for the Court was whether Winter would consent to return on September 30 instead of appearing on August 19," Judge Carlos Samour wrote. "A simple 'no' would have sufficed."

In addition to that "no," Winter's attorneys repeated their request for the judge to quash Winter's subpoena, citing the "significant hardship" it has caused her.

The journalist then filed an affidavit (also shared here), explaining that the subpoena had chilled her sources, interfered with her personal life -- including her role as maid of honor in a friend's wedding -- and caused her more fear than the times that she had a gun pointed at her head and was chased with a chainsaw.

"Asking Winter whether she was willing to consent to have her subpoena continued off the record without her appearance until September 30 was not an invitation to file an additional brief on the merits of her motion" to quash the subpoena, Samour wrote. "This appears to have been an improper attempt at getting two bites at the proverbial apple."

Continue to read our original post, Winter's affidavit, her lawyers' submission and the judge's order for Winter to appear on August 19.


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45 comments
James Foy
James Foy

No; however I am an very ardent Bill of Rights person.

CloudGang
CloudGang

Why won't she just get on the stand follwing the subpeona , and invoke her fifth amendment?

Then go do the ten days in Arapaho county jail for the contempt charge, its not like it's a life sentence.

Who really gives a fuck anyway? Holmes will be in pueblo soon and he will take personal passes to go shop and stuff! Maybe he will even make a little baby with Rebehka amaya, and take themselves out to a movie.....all three of them.

What a great justice system we have in Colorado.

skreck
skreck

She is an idiot and her actions just reflect the direction the media has gone for 30 years now. They quit reporting the news decades ago and now create stories that only serve ratings.

Perry UncleBear Beaton
Perry UncleBear Beaton

I do believe that the press should have freedoms to a point, but to publish a prejudicial and inflammatory piece during a gag order is just stupid. She had every right to publish the story and she has every right to sit in jail like many other reporters have done to protect their sources.

Patrick Solano
Patrick Solano

Just curious where the line of journalistic responsibility lies. Why do journalists think their immune from the law? 1st amendment is a right, not a shield. I smell another lawsuit. Feeling more threatened than ever before? "Significant Hardships." Really? Aren't these all par of the "risks" Journalists take? Ridiculous. I hope she gets another subpoena from the DoD to disclose who was going to give her info on the "potential breaches of a major defense program."

Juan_Leg
Juan_Leg

Why isn't the judge forcing APD to explain HOW over two dozen rushed the theater, ALL GUNS BLAZING, yet Holmes was the ONLY one to hit anything ???!!!

Steven W Giles
Steven W Giles

No, In Colorado she is protected from giving up source if Im not mistaken.

Roberta J Repasz
Roberta J Repasz

why would anyone leak information to Faux, to start with? :O

DonkeyHotay
DonkeyHotay topcommenter

 "including her role as maid of honor in a friend's wedding "

Boo fucking hoo.

BackOffImStarving
BackOffImStarving topcommenter

@Half Aspen Yeah, screw due process and rules.

BackOffImStarving
BackOffImStarving topcommenter

@CloudGang Your extensive knowledge of the inner working of the Colorado judicial system is astounding! You must have graduated at the top of your class in law school, be among the upper echelon in the Colorado Bar Association, AND have a wall full of distinctions and awards for your contributions to society, in general.

Juan_Leg
Juan_Leg

@CloudGang  

I'll be her 'cellie' !!!

No prob !!!

She's f'n HOT !!!

michael.roberts
michael.roberts moderator editortopcommenter

@skreck Tough post, skreck. Thanks for sharing your thoughts.

CloudGang
CloudGang

If you can't do the time,don't do the crime!

@Perry UncleBear Beaton 

michael.roberts
michael.roberts moderator editortopcommenter

@Patrick Solano Interesting post, Patrick. We're going to make it an upcoming Comment of the Day. Much appreciated.

JimTom
JimTom

@Juan_leg delusional bullshit likes this destoys even the little bit of creditibility your comments might have.

Why do you hate the 9th safest city in the country? Are you jealous?

DonkeyHotay
DonkeyHotay topcommenter

@Juan_Leg ... because it didn't happen? ... outside of the hallucinations in your delusional mind.

Juan_Leg
Juan_Leg

@DonkeyHotay  

'I'd hit it' .......!

W/O a second thought !!!

I'd claim my name was 'Hotay' .........

CloudGang
CloudGang

@BackOffImStarving WRONG! You must be a punk judicial official!

DonkeyHotay
DonkeyHotay topcommenter

@CloudGang ... really, she comes off as a vain self-centered vacuous cunt.

... bbbut judge, I'll miss my mani-pedi appointment and the big sale at Bergdoff's ... it'll destroy my life.


DonkeyHotay
DonkeyHotay topcommenter

@CloudGang ... 

1) there is NO 5th Amendment Right to "not name a news source"

2) the contempt charge / incarceration will last indefinitely until she complies with the Judicial subpoena to name her source, or until the Holmes trail is over and her testimony/source are no longer relevant.




Juan_Leg
Juan_Leg

@CloudGang @Juan_Leg @DonkeyHotay  

At least I am capable of remaining on one topic .

Have you EVER TRIED to understand or keep up w/ Deb ? She truly IS a raving lunatic !!!

WW hire her !!!!!!!

DonkeyHotay
DonkeyHotay topcommenter

@Juan_Leg .. doesn't mean YOU can FABRICATE ANY NONSENSE you imagine and then call it fact.

You sound as loony as Debbie.

Juan_Leg
Juan_Leg

@DonkeyHotay @Juan_Leg  

We ARE talking about the OH-SO CORRUPT ARAPAHOE COUNTY !!!

Where the truth is intentionally denied to the public !!!!

DonkeyHotay
DonkeyHotay topcommenter

@Juan_Leg 

... YOUR Delusional Hypothesis =/= Facts

There is ZERO evidence that "over two dozen rushed the theater, ALL GUNS BLAZING" outside of your personal hysteria.

Juan_Leg
Juan_Leg

@DonkeyHotay

You believe Holmes hit ALL & the cops ALL missed ?

( 160 + ? )

DonkeyHotay
DonkeyHotay topcommenter

@Juan_Leg ... what part of "it didn't happen" don't you comprehend?

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