AURORA, Colo. -- The Fox News reporter who leaked information about the notebook that theater gunman James Holmes allegedly sent to his psychiatrist will be in court on Wednesday, but will not testify.
That notebook could be ruled as evidence because it reportedly contained violent drawings and details of a murder plot.
Last December, an Aurora police detective told the court he did not speak with reporter Jana Winter about the notebook, but he was never questioned if he spoke to anyone else about it.
“It basically gives details and illustrations about killing a large amount of people,” Winter said when the story broke about the notebook Holmes sent to his psychiatrist.
The defense claims a law enforcement officer may have lied on the stand about revealing information to her, but Winter's lawyers argued Colorado law protects her from revealing her confidential sources.
The defense says the leak violated a gag order, and could weaken the credibility of those officials if they are called to testify.
"It's a long journey and the defense will try to throw so many obstacles to derail that train before it ends at the death chamber of their client,” said former Denver prosecutor Craig Silverman.
On Monday, the judge delayed his decision on whether Winter would take the stand and reveal her sources.
The judge will first rule on whether the notebook will be allowed as evidence. If the notebook is considered evidence, he could order Winter to disclose her sources under threat of jail time.
Last December, we found out only a handful of officers knew about the notebook.
On Wednesday, FOX 31 learned that Colorado taxpayers have spent about $1,900 in airfare for Winter to appear in court.
Under state law, the public defender's office is required to pay for the bill.