Update: The defense responded with "Unsurprisingly, the information reported from Fox News is completely inaccurate" and an affidavit of an investigator who attempted to contact Jana Winter through Fox's main phone line. Jana Winter gave her office and cell phone numbers in email released by the University of Colorado - Denver.
Update: Prosecution filed motion including a purported letter from Jana Winter's attorney claiming the defense has "not contacted Fox News in any way, shape, or form."
James Holmes' defense filed a motion that was revealed on Jan 28, 2013 to try to vacate the Feb. 4, 2013 hearing date and push the matter back to the Apr. 1, 2013 hearing. They cite as one of their reasons “In addition, based on current attempts to communicate with Fox News, Jana Winter's employer, the defense anticipates ongoing resistance in efforts to compel Ms. Winter's attendance and testimony.”
Jana Winter was the TV reporter who broke the story about Holmes' sending a notebook to his therapist Dr. Fenton. The defense alleges that she got the information from one of the authorities that was under the gag rule.
James Holmes is the alleged shooter in the Aurora Theater.
The defense also noted that they had to wait until Jan 14, 2013 for the transcripts of the preliminary hearing. Each page costs approximately $2.35 a page (with an addition $.50 charge for a copy) and can be ordered from the court. So far they are not on the net. Check back to this story for further information on transcripts location. There is a discrepancy in reports on the testimony of Officer Fyles whether the tear gas cannister found in his car was used as reported by the Denver Post or unused as reported by the Aurora Sentinel.
Revised: fixed Jana, Fyles