CENTENNIAL, Colo. — Lawyers for the Colorado movie theater shooting suspect said Monday that they are planning to subpoena a Fox News journalist who first reported that James Holmes sent his psychiatrist a notebook full of violent descriptions.
The lawyers made the statement in court after nine different law enforcement officials denied being the ones to tell reporter Jana Winter about the notebook.
The defense argues that the disclosure was a violation of a gag order in the case and is seeking sanctions against the leaker.
Holmes sent the notebook and burned paper money to his psychiatrist shortly before he allegedly opened fire on a midnight screening of a Batman movie in July.
Holmes is charged with killing 12 people and wounding 70 during a showing of “The Dark Knight Rises.’’
Holmes’s lawyers called the University of Colorado four days after the attack and asked the school to return a package that Holmes sent his psychiatrist, according to testimony Monday.
Douglas Abraham, chief of police at the university campus in Denver, said the call alerted authorities to the presence of the unopened package in the campus mail room.
Abraham and two other law enforcement officials said they didn’t discuss the package with members of the media.
They said it did contain a notebook and burned US currency.
Holmes, who now has a full beard, sat silently during the hearing. It was first court appearance since being taken to the hospital for undisclosed reasons last month.
The hearing was rescheduled because of the incident. Several Denver media outlets reported that the hospitalization was due to Holmes banging his head against the wall of his jail cell.