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Later this week -- judge is expected to decide whether foxnews.com reporter Jana winter.
Will be called to testify and potentially go to jail.
For refusing to reveal her source for an exclusive story in the aftermath of last summer's movie theater massacre.
In the days after James Holmes allegedly killed twelve people inside that -- theater.
John I learned that police had recovered a notebook Colmes sent to a psychiatrist.
She investigated tip and publish the story.
But Holmes defense attorneys say her source violated the gag order and they want to know who it is.
Let's talk about a potential or a former prosecutor and associate managing director at -- Astor pan which is a criminal defense attorney there is -- a shield law in Colorado as you know that protects reporters from revealing their sources.
But one of the means by which that shield can be dropped.
Is if the information that is desired by the complaining side outweigh is somehow -- the public's interest in knowing the information.
The argument be made it that that this information.
You know namely the -- the identity of the source is so critical.
To all homes defense team.
I suppose they would say that.
That breach and this gag order has led to an inability to get a fair trial.
James -- I would disagree with that analysis because first of all the -- incredibly highly publicized case.
At the fact itself.
That he had no down twelve people any movie -- -- certainly outweighs the fact that he sent in notebook to a psychiatrist.
So I'm not sure that we need.
That -- that her source seems to be revealed for that bit of information and frankly.
I think that information actually helps the defense it shows that he has a history.
Of some type of mental health treatment so I'm not sure why the defense is going after here in this particular report -- for this particular week.
When there's been so much more prejudicial information came out just in nature of -- immediate reporting prior to any gag order being issued by the court.
Well and and then there's the fact -- that bit her his defense team offered a guilty plea in this case it's not as though they're saying that that there are questions about.
What he's charged with.
Right be administered the shield law says the defense have to raise a substantial issue that outweighs the First Amendment concerns of the reporter.
And the public and it's really hard to see back here.
I believe what's happening is that in -- death penalty case you'll see defense attorneys try to raise any issue they can anything that leader they can.
Bring on appeal.
Or at -- penalty -- show that there shouldn't be the death penalty that's what this case is about not guilt or innocence sic gonna throw every issue out there and hope something sticks.
It's a very weak issue it would be a terrible injustice if we had its First Amendment violation because of such an in him.
An important issue for the defense here Esther I suppose there are people sitting there is saying okay you know you're you're a bunch of journalists and lawyers talking about protecting.
A journalist here.
But in your view what what does the public have to lose if John -- were forced to reveal her source.
It's not so much in this particular case what would happen it's.
The precedent that it sets for anybody who has to report something that they see that it's improper.
And the only way they can do it sometimes it's through a reporter.
If they believe just hypothetically that the police are -- -- that there's a cracked.
They may not be able to go to.
What they if they're gonna put report on the police -- can go to the police are -- send out sometimes the only route it through its through journalists and act.
Their duty is to provide information to the public.
Said the public can be helped -- if you take that away from a journalist her ability to protect her source.
You're going to get -- a lot fewer people coming power to report problems that really should be addressed.
-- -- Us how much of this Dan is is just going to sort of hinge on the judge I mean the judge has to decide right about.
About the their overriding public interest here and and whether it out way is her ability to protect her sources right as we said Colorado is one of many states it has this shield -- to work.
Protect reporters that a judge -- to make a finding about whether or not this is a substantial issue for the defense.
And then whether it outweighs the First Amendment concerns I believe the defense is probably gonna lose and both of -- counts it's not a substantial issue.
And it doesn't outweigh the First Amendment concerns but it is in the hands of a judge and -- to wait and see how to judge rules.
Well again John and did a great bit of reporting there to bring this information out about the existence of this.
Notebook in the early days after the them theater shootings.
And now we're going to continue to follow her case says she appears before the judge in this week thanks very much mr.
panic stand -- thank you thank you thank.
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