Story highlights Jana Winter reported on alleged Holmes notebook days after theater massacre

The FoxNews.com reporter says she will not reveal her sources

Suspect James Holmes' attorneys have subpoenaed Winters

The journalist who first reported about a notebook that James Holmes allegedly sent his psychiatrist before last year's horrific theater massacre could face jail time for not revealing her sources.

FoxNews.com reporter Jana Winter has been subpoenaed by Holmes' attorneys to testify on Wednesday, but on Monday Judge Carlos Samour Jr. put off a ruling on whether Winter must reveal her source.

Winter has indicated that she has no plans to identify who told her the notebook from the accused Colorado movie theater gunman was, as she reported, "full of details about how he was going to kill people."

"My reputation as a journalist will be irreparably tarnished among my colleagues and perhaps more importantly my future sources," Winter wrote in a March affidavit.

Days after the July 20 theater massacre in Aurora, Colorado, Winter scored a major scoop on FoxNews.com, reporting about the existence of the notebook.

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Photos: Colorado movie theater massacre Photos: Colorado movie theater massacre The public gets its first glimpse of James Holmes, then 24, the suspect in the Colorado theater shooting during his initial court appearance July 23, 2012. With his hair dyed reddish-orange, Holmes, here with public defender Tamara Brady, showed little emotion. He is accused of opening fire in a movie theater July 20, 2012, in Aurora, Colorado, killing 12 people and wounding 70. Holmes faces 166 counts, almost all alleging murder or attempted murder. He has pleaded not guilty by reason of insanity. More photos: Mourning the victims of the Colorado theater massacre Hide Caption 1 of 45 Photos: Colorado movie theater massacre Police release the official photo from Holmes' booking after the shooting. Hide Caption 2 of 45 Photos: Colorado movie theater massacre Holmes often had a blank stare during his July 23, 2012, court appearance, seeming to be in a daze. Hide Caption 3 of 45 Photos: Colorado movie theater massacre Victims and their relatives and journalists watch the proceedings in 2012. Hide Caption 4 of 45 Photos: Colorado movie theater massacre Flags fly at half-staff on July 23, 2012, at the Arapahoe County Courthouse in Centennial, Colorado, where the movie theater shooting suspect had his first court appearance. The murder counts against Holmes carry a possible death penalty. Hide Caption 5 of 45 Photos: Colorado movie theater massacre Arapahoe County District Attorney Carol Chambers talks to reporters July 23, 2012, before heading into the courthouse. The murder counts against Holmes carry a possible death penalty. Hide Caption 6 of 45 Photos: Colorado movie theater massacre Family members of the victims arrive at the courthouse July 23, 2012, for the suspect's first court appearance. Hide Caption 7 of 45 Photos: Colorado movie theater massacre The Century Aurora 16 multiplex in Aurora becomes a place of horror after a gunman opened fire July 20, 2012, in a crowded theater. Hide Caption 8 of 45 Photos: Colorado movie theater massacre Holmes is accused of opening fire during a midnight screening of the Batman movie "The Dark Knight Rises." Holmes purchased four weapons and more than 6,000 rounds of ammunition, police say. Hide Caption 9 of 45 Photos: Colorado movie theater massacre Police investigate outside the Century 16 multiplex July 21, 2012, a day after the mass shooting. Hide Caption 10 of 45 Photos: Colorado movie theater massacre Agents search the suspect's car outside the theater. Hide Caption 11 of 45 Photos: Colorado movie theater massacre Aurora police escort a sand-filled dump truck containing improvised explosive devices removed from Holmes' booby-trapped apartment on July 21, 2012. Authorities have said they believe the suspect rigged his place before leaving for the movie theater. Hide Caption 12 of 45 Photos: Colorado movie theater massacre Police break a window at the suspect's apartment July 20, 2012, in Aurora. Hide Caption 13 of 45 Photos: Colorado movie theater massacre Law enforcement officers speak with Colorado Gov. John Hickenlooper, center, outside the suspect's apartment July 21, 2012. Hide Caption 14 of 45 Photos: Colorado movie theater massacre Law enforcement officers prepare to disarm the booby-trapped apartment July 21, 2012. Hide Caption 15 of 45 Photos: Colorado movie theater massacre Officials tow cars outside Holmes' apartment July 21, 2012. Police disassembled devices and trip wires set up in the apartment. Hide Caption 16 of 45 Photos: Colorado movie theater massacre Officers prepare to place an explosive device inside the apartment. Hide Caption 17 of 45 Photos: Colorado movie theater massacre Debris flies out a window, right, after law enforcement officers detonate an explosive device inside the apartment July 21, 2012. Hide Caption 18 of 45 Photos: Colorado movie theater massacre People mourn the victims during a vigil behind the theater where a gunman opened fire on moviegoers in Aurora. Hide Caption 19 of 45 Photos: Colorado movie theater massacre A woman grieves during a vigil for victims behind the theater. Hide Caption 20 of 45 Photos: Colorado movie theater massacre A distraught woman receives counseling from the Rev. Quincy Shannon, left, in front of Gateway High School in Aurora, where the families of the missing met after the shooting. Hide Caption 21 of 45 Photos: Colorado movie theater massacre Lin Gan of Aurora holds back tears as she speaks to reporters about her experience in the Century 16 theater. Hide Caption 22 of 45 Photos: Colorado movie theater massacre People embrace before a vigil for victims behind the theater where a gunman opened fire on moviegoers. Hide Caption 23 of 45 Photos: Colorado movie theater massacre Investigators work on evidence near the apartment of James Holmes on July 20, 2012. Hide Caption 24 of 45 Photos: Colorado movie theater massacre Members of the Aurora Police Department SWAT unit walk near the Holmes' apartment. Hide Caption 25 of 45 Photos: Colorado movie theater massacre Television news crews gather in front of the home of Robert and Arlene Holmes, parents of suspect James Holmes, in San Diego on July 21, 2012. Hide Caption 26 of 45 Photos: Colorado movie theater massacre A popcorn box lies on the ground outside the Century 16 movie theater. Hide Caption 27 of 45 Photos: Colorado movie theater massacre Adariah Legarreta, 4, is comforted by her grandmother Rita Abeyta near the Century 16 Theater in Aurora. Hide Caption 28 of 45 Photos: Colorado movie theater massacre Jessica Ghawi, an aspiring sportscaster, was one of the victims. Hide Caption 29 of 45 Photos: Colorado movie theater massacre A woman waits for news outside Gateway High School, a few blocks from the scene of the shooting at the Century Aurora 16. Hide Caption 30 of 45 Photos: Colorado movie theater massacre Aurora police chief Daniel J. Oates speaks at a press conference near the Century 16 Theater on July 20, 2012. Hide Caption 31 of 45 Photos: Colorado movie theater massacre Agents search the trash container outside the suspect's apartment in Aurora. Hide Caption 32 of 45 Photos: Colorado movie theater massacre A Federal ATF officer carries protective gear onsite at the home of the shooting suspect. Hide Caption 33 of 45 Photos: Colorado movie theater massacre President Obama speaks on the shootings at a July 20, 2012, event in Fort Myers, Florida. Hide Caption 34 of 45 Photos: Colorado movie theater massacre Moviegoers are interviewed at the Century Aurora 16. Hide Caption 35 of 45 Photos: Colorado movie theater massacre Officers gather at the theater July 20, 2012. Hide Caption 36 of 45 Photos: Colorado movie theater massacre Investigators were a common sight at the theater on July 20, 2012. Hide Caption 37 of 45 Photos: Colorado movie theater massacre Authorities gather at the shooting suspect's apartment building in Aurora. Police broke a second-floor window to look for explosives the suspect claimed were in the apartment. Hide Caption 38 of 45 Photos: Colorado movie theater massacre Screaming, panicked moviegoers scrambled to escape from the black-clad gunman, who wore a gas mask and randomly shot as he walked up the theater's steps, witnesses said. Hide Caption 39 of 45 Photos: Colorado movie theater massacre Onlookers gather outside the Century Aurora 16 theater. Hide Caption 40 of 45 Photos: Colorado movie theater massacre A woman sits on top of her car near the crime scene. Hide Caption 41 of 45 Photos: Colorado movie theater massacre Police block access to the Town Center mall after the shooting. Hide Caption 42 of 45 Photos: Colorado movie theater massacre Cell phone video taken by someone at the theater showed scores of people screaming and fleeing the building. Some, like this man, had blood on their clothes. Hide Caption 43 of 45 Photos: Colorado movie theater massacre Witnesses told KUSA the gunman kicked in an emergency exit door and threw a smoke bomb into the darkened theater before opening fire. Hide Caption 44 of 45 Photos: Colorado movie theater massacre What is believed to be the suspect's car is examined after the shooting. Hide Caption 45 of 45

"The parcel may have sat unopened in a mail room for up to a week before its discovery Monday (July 23), a law enforcement source told FoxNews.com," Winter's July 25 article stated

She cited a source who said the notebook contained "drawings and illustrations of the massacre."

At the time of the article, the judge in the case had issued a so-called "gag order" barring officials from speaking to reporters about the case.

Samour said Monday he will not rule on the Winter issue until it is decided whether the notebook is admissible as evidence. If it is not admissible because it is privileged doctor-patient communication, then the credibility of the police officers who handled the notebook may be irrelevant to the case and not rise to the level required by Colorado's shield law for forcing journalists to testify.

But if Winter is ordered to reveal her source and does not, she could be found in contempt of court and jailed.

Fenton contacted police in June, a month before the massacre, and told them she had treated Holmes and he "had stopped seeing her and had begun threatening her via text message," according to a search warrant affidavit

Fenton could face lawsuits that blame her and the school for improperly handling Holmes' treatment.

Holmes is charged with numerous counts of first-degree murder for allegedly opening fire inside a movie theater, killing 12 people and wounding dozens more at the premiere of the Batman movie "The Dark Knight Rises."

Federal agents have said the 25-year-old former University of Colorado doctoral student planned the attack for months. His trial is scheduled to begin in February 2014. If convicted, he faces the death penalty.

Holmes' attorneys have filed a series of motions and hearings in an attempt to find out who leaked the information about the notebook, calling to the stand all the police and bomb technicians who had access to the package. All have said they did not speak to any reporters about the package.

Within hours of its discovery, a judge ordered the package to be sealed and it has not been viewed by anyone since.

Saying they have exhausted all other avenues to identify the leaker, defense attorneys subpoenaed Winter. She appeared in court last week on the same day prosecutors said they would pursue the death penalty against Holmes , although she did not testify.

Fox News declined to comment on the case or make Winter available for interviews, and an e-mail to Winter's attorney at Fox News went unanswered. The gag order is still in place, barring the defense team from commenting.

Winter and her attorneys have tried to fight the subpoena. The New York-based journalist made it clear in last month's affidavit that her credibility is at stake if she were to reveal her sources.

"I will be unable to function effectively in my profession and my career will be over," Winter wrote. "This is not an exaggeration - it is a provable certainty."

She also said she has been subjected to threats on the Internet by supporters of Holmes.

Derigan Silver, who teaches media law at the University of Denver, expressed concern that Winter's case could have a chilling effect on investigative journalism and that journalists may be reluctant to pursue challenging stories that rely on confidential sources.

"As a journalist, you ask yourself, 'Do I sit in front of Britney Spears' house and snap some pics or do I cover this really important story and maybe go to jail,'" he said.

Silver argued that investigative journalism is in the public interest and Winter's case should be a rallying point for everyone interested in a free press.

"If people want good important stories, we have to stand up for the reporters doing those stories," he said.