(CBS) CENTENNIAL, Colo. - A judge ordered Fox News reporter Jana Winter on Monday to return to court in September for possible questioning about her confidential sources for a story about Colorado theater shooting suspect James Holmes.
Winter, who is based in New York, appeared in court so the judge could extend her subpoena until the Sept. 30 hearing. Without the extension, the subpoena would have expired Monday.
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.
His attorneys want to know who told Winter that before the shootings, Holmes sent a psychiatrist a notebook containing violent drawings.
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.
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.
Winter is awaiting a decision by a New York state appeals court challenging a lower court judge's decision to enforce the Colorado subpoena. If she wins the appeal, the subpoena would have no force and she wouldn't have to testify.
Holmes was not in court Monday. Authorities won't say whether he is at the state mental health hospital in Pueblo undergoing a mandatory sanity evaluation.