A Fox News reporter may be facing some jail time for refusing to reveal the name of a source who provided her with information which violated a gag order.
Jana Winter, the New York-based Fox reporter, wrote a story following the Aurora, Colo. movie theater shooting. Winter’s story cited an anonymous law enforcement source that said the shooter, James Holmes, sent a notebook full of violent drawings to a psychiatrist prior to the massacre.
Holmes is currently charged with murdering 12 people and injuring 70 others during the July 20 attack.
Holmes’ lawyers claim that Winter’s source violated a gag order that protected that information, and has urged her to reveal her source, but Winter has refused.
Holmes’ lawyers want the source revealed because they claim it would call law enforcement officials’ credibility into question if they serve as witnesses at the trial. Around 20 officials have already submitted affidavits during a December hearing stating they were not her source.
The judge presiding over the case ruled on Monday that this will not be an issue unless the notebook in question is submitted as evidence, and if Holmes changes his plea from not guilty to not guilty by reason of insanity. Only the insanity plea will allow prosecutors access to mental health records.
Currently, Winters has not yet be ordered to disclose her source. If she is ordered and refuses, then she will face jail time.