The all new
CBS News App for Android® for iPad® for iPhone®
Fully redesigned. Featuring CBSN, 24/7 live news. Get the App

Jana Winter Update: Fox News reporter's hearing over James Holmes story delayed

Jana Winter arrives at district court in Centennial, Colo., on Monday, April 1, 2013
AP Photo/Ed Andrieski

Jana Winter arrives at district court in Centennial, Colo., on Monday, April 1, 2013.
AP Photo/Ed Andrieski

(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.

PICTURES: The Colorado massacre suspect

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.

Complete coverage of the Colorado movie theater massacre on Crimesider