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Jana Winter, news reporter, due in court in controversy over James Holmes story

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

(CBS) CENTENNIAL, Colo. - A Fox news reporter is returning to a Colorado court for a hearing in the fight over the identity of her sources for a story about theater shooting suspect James Holmes.

Jana Winter is due in court Monday so the judge can extend her subpoena until September. Without the extension, the subpoena would expire Monday.

Holmes is charged with killing 12 and injuring 70 in a movie theater in July 2012. His attorneys want to know who told Winter that before the shootings, Holmes sent a psychiatrist a notebook containing violent drawings.

Days before the shooting, Holmes sent the notebook and burned paper money to Lynne Fenton, a psychiatrist who had been treating him. Authorities seized the package before Fenton received it.

The notebook's contents have not been publicly disclosed, but Winter reported last year that it contained violent drawings. She attributed the information to unnamed law enforcement officials.

The defense contends 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 has said she won't identify her sources.

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