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Judge denies request for special prosecutor to probe leak to Fox News in movie shooting case

Published January 08, 2015

Associated Press

The judge in the Colorado theater shooting case has denied a defense request for a special prosecutor to look into a news story about defendant James Holmes.

In Thursday's ruling, the judge also denied a defense request to hobble the prosecution case as punishment for a leak, allegedly from a government source, to Fox News reporter Jana (JAH'-nuh) Winter.

Winter reported Holmes sent violent drawings to his psychiatrist before the July 2012 shooting rampage. The story cited unnamed officers as sources.

Defense lawyers said that violated a gag order and that whoever spoke to Winter might have committed perjury by denying it under oath.

Defense efforts to force Winter to reveal her sources failed.

Holmes pleaded not guilty by reason of insanity to multiple counts of murder and attempted murder.

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