Fox News reporter Jana Winter was facing six months in jail for refusing to testify about her sources. Instead, the judge ruled late today that he won’t decide Winter’s fate until it’s determined whether evidence she reported on will be introduced in the case.
Last July, Winter wrote a FoxNews.com story about Aurora, CO theater shooting suspect James Holmes mailing his psychiatrist a notebook filled with violent drawings. Winter cited law enforcement sources in her report. Holmes’ lawyers objected saying the sources violated a gag order. According to the Denver Post, Judge Carlos Samour Jr. agreed with Winter’s lawyers that the issue isn’t “ripe” for ruling.
“The Court is not comfortable proceeding on an incomplete record,” Samour writes in his order. “As soon as the record is adequate, the Court will move forward.”
Samour was to decide Wednesday whether to order Winter to testify.