We take issue with several statements that were published on Nov. 12 in the article, “Judges to Weigh If N.Y. Law Protects Reporter in Colorado,” and on Nov. 13 in “Reporter’s Attorney Presses for Broad Reading of Shield Law,” concerning Holmes v. Winter, relating to our client’s application for a subpoena requiring Fox News reporter Jana Winter to appear and give testimony in Colorado pursuant to the Uniform Act to Secure the Attendance of Witnesses from Without the State in Criminal Cases, CPL 640.10.
The Nov. 12 article states that Holmes v. Winter is an “attempt by James Holmes to bolster his insanity defense.” In fact, Holmes v. Winter results only from our effort to seek a subpoena in New York in compliance with a certification by the Colorado court for Winter to appear and testify in a pending Colorado death penalty case.
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