(CBS/AP) CENTENNIAL, Colo. - A Colorado judge has delayed a hearing at which Fox News reporter Jana Winter may be ordered to reveal her sources on a story about theater shooting suspect James Holmes. Citing unnamed sources, Winter reported that a notebook Holmes sent to a psychiatrist prior to the shooting contained violent drawings.
The delay gives Winter time to hear whether a New York appeals court will grant her request to reject a Colorado subpoena seeking the names.
Holmes pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 at a suburban Denver theater in July 2012. Prosecutors are seeking the death penalty.
Defense lawyers contend the leak violated a gag order. They also say police officers may have undermined their credibility as witnesses if they lied when they denied being Winter's source.
If Winter wins the appeal, the subpoena would have no force and she wouldn't have to testify.
Winter says she won't identify her sources. That could result in a jail sentence for contempt of court if the judge decides her testimony would be relevant.
The judge on Tuesday delayed the hearing from Sept. 30 until Jan. 3.