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