ALBANY — New York's highest court is considering whether state law protects a Fox News reporter from having to reveal the names of her sources for a story about James Holmes, who's accused of killing 12 people in a suburban Denver movie theater last year.
Holmes' lawyers want Jana Winters to name the people who told her he had mailed a notebook depicting violence to a psychiatrist. They say the sources violated a gag order, may have lied under oath and won't be credible as trial witnesses.
Holmes has pleaded not guilty by reason of insanity. His murder trial is scheduled for February.
A Manhattan judge granted a subpoena for Winters' testimony and notes, rejecting a claim she's protected under New York's Shield Law for journalists.
A split midlevel court agreed.
The Court of Appeals hears arguments Tuesday.