FOXNews.com: FREE PRESS FIGHT: Fox News Reporter Faces Court Hearing Over Source

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FREE PRESS FIGHT: Fox News Reporter Faces Court Hearing Over Source Apr 10th 2013, 16:45 FILE: Jana Winter, who says she will protect the identity of her sources, is not expected to testify Wednesday. FoxNews.com reporter Jana Winter will be in a Colorado courtroom Wednesday for the latest in a series of hearings that will determine if she could be sent to jail for protecting her confidential sources. Arapahoe County District Judge Carlos Samour Jr.  on Monday said it is still too early to decide if Winter, who broke an exclusive story revealing the existence of a notebook that accused mass murderer James Holmes sent to his psychiatrist in the days before the Aurora, Col. shooting last year, would be asked to reveal her sources. Holmes' lawyers claim Winter's sources violated a gag order, and may have undermined his right to a fair trial. Winter's lawyers have argued that a Colorado shield law and the First Amendment protect her from having to reveal her sources. Samour, who inherited the Winter issue when he took over the Holmes case from Judge William Sylvester, who originally issued the gag order, said on Monday that Winter will not be forced to testify unless the notebook became evidence in the case. Wednesday's hearing is expected to focus on a law enforcement official who testified in December that he wasn't the source of Winters' story, but wasn't asked if he spoke to anyone else about Holmes' notebook. The official will be questioned by Holmes' attorneys, and lawyers for both Winter and the prosecution will be able to cross-examine the witness. Winter herself is not expected to testify Wednesday. She has made clear in court filings that she will protect the identify of her sources if she is called to the stand. "If I am forced to reveal the identities of persons whom I have promised to shield from public exposure, simply put, I will be unable to function effectively in my profession, and my career will be over," according to an affidavit filed earlier with the court. Numerous media organizations and First Amendment groups have spoken out in support of Winter. The Colorado Press Association, the Reporters Committee for Freedom of the Press and the Colorado Broadcasters Association have all filed affidavits with the court, asking that Winter not be required to testify. The American Civil Liberties Union and the Washington, D.C.-based National Press Club have also issued statements on Winter's behalf. The Colorado Press Association, the Reporters Committee for Freedom of the Press and the Colorado Broadcasters Association have all filed affidavits with the court, asking that Winter not be required to testify. The American Civil Liberties Union and the Washington, D.C.-based National Press Club have also asked Judge Samour to dismiss the defense bid to force Winters' testimony. "This seems nothing more than a witch hunt designed to silence the media on this case," according to a statement issued Tuesday by the Society of Professional Journalists. "Since Winter's situation does not meet the exceptions made in Colorado's shield law, she should not be compelled to reveal her sources."

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