According to a Reuters report, public defender, Daniel King, said in court on Monday that he plans to subpoena New York-based correspondent, Jana Winter, who days after the July 20 rampage, reported Holmes had sent a notebook to a psychiatrist detailing his plans to commit mass murder.
Holmes, 24, is the alleged perpetrator of the “Dark Knight Rises” shooting that occurred on July 20 at a movie theater in Aurora, Colo.. The former neuroscience graduate student is charged with multiple counts of murder and attempted murder for the shooting the left 12 people dead and 58 wounded.
Reuters reported that King said the story, which cited an unnamed law enforcement source, violated a gag order imposed by Arapahoe County District Judge William Sylvester.
"We have not received a subpoena on Jana Winter's behalf and will evaluate once we do," a Fox News spokesperson told Reuters.
Reports have indicated that Lynne Fenton, the staff psychiatrist at the University of Colorado saw Holmes as a patient before he started the process to withdraw from the university before the massacre.
Rumors of a subpoena for the Fox News reporter surfaced after a court hearing in which more than a dozen law enforcement officers who saw the package containing the notebook in a university mail room denied under oath that they were the source of the leak.
According to reports from the night of the night of the shooting, Holmes bought a ticket to the movie, but left the theater minutes into the film to put on tactical body armor and a gas mask. He returned to the theater minutes later and opened fire on the audience using several weapons, police have said.
In addition to the subpoena for the Fox News reporter, Holmes’ lawyers are asking the judge to impose sanctions on prosecutors for the leaked information about the notebook, Reuters reported.
Craig Silverman, a former Denver prosecutor now in private practice, told Reuters Holmes' lawyers are making an issue of the notebook in the hope that the judge take the death penalty off the table as a sanction against the prosecutors.
"There's a real danger that the sideshow is taking over the circus," Silverman, who attended the hearing, told the news wire.