An attorney for accused Colorado theater gunman James Holmes said in court on Monday he will subpoena a Fox News reporter to reveal her source for a news story about the massacre, setting up a potential First Amendment showdown.
Public defender Daniel King said he plans to subpoena New York-based correspondent Jana Winter, who days after the July 20 rampage reported Holmes had sent a notebook to a psychiatrist detailing his plans to commit mass murder.
Holmes, a 24-year-old former neuroscience graduate student, is charged with multiple counts of murder and attempted murder for the shooting spree in the Denver suburb of Aurora, Colorado that killed 12 people and wounded 58.
King said the story, which cited an unnamed law enforcement source, violated a gag order imposed by Arapahoe County District Judge William Sylvester.
READ ON: Lawyers for James Holmes to subpoena Fox News reporter
FLASH: Accused Colorado gunman James Holmes had conversations with classmate about wanting to kill people in March 2012 - court document
It’s absurd. It’s so out of character for this young man. James had goals. He was going to succeed.
The man accused of killing a dozen people in a Colorado movie theater during a showing of the new “Batman” film made his first appearance in court on Monday, sitting silently in a red jailhouse jump suit and with his hair dyed bright red.
James Eagan Holmes, 24, who was detained immediately after the massacre early on Friday morning, appeared groggy and emotionless during the brief hearing, looking straight ahead and occasionally closing his eyes. He was shackled at the wrists and ankles.
The judge said murder charges would be filed on Monday July 30.
Police say Holmes was dressed in body armor and toting three guns when he opened fire at a packed midnight screening of the new Batman movie at a theater complex in the Denver suburb of Aurora. Fifty-eight other people were hurt, and many of them have serious wounds.
Police say they are still searching for a motive for the crime.
READ ON: Colorado massacre suspect silent in first court hearing
Soda bottles littered his apartment, the top floor unit of a three-story red brick building in a run-down neighborhood, what seemed typical quarters for a 24-year-old doctoral student with one critical exception: Police now believe it to be booby-trapped.
Just four miles away from his Aurora, Colorado, apartment, James Eagan Holmes became a national figure on Friday, identified by police as the gunman who opened fire in a movie theater, killing 12 people and wounding dozens more while dressed in body armor, black gloves and a gas mask.
Police say Holmes, who was taken into custody by police in a parking lot behind the cinema, booby-trapped his apartment with sophisticated explosives, creating a hazard for law-enforcement and bomb squad officers who swarmed to the scene.
The living room of the suspect’s apartment was crisscrossed with trip wires connected to what appeared to be plastic bottles containing an unknown liquid, said Chris Henderson, Aurora’s deputy fire chief.
Shooting suspect: A doctoral student with few signs of violent edge
Tom Sullivan holds up a photo of his son Alex Sullivan pleading the media to help find him, outside Gateway High School a few blocks from the scene of the Century 16 Theatre shootings in Aurora, Colorado July 20, 2012.
A gunman in a gas mask and bullet-proof vest killed 12 people at a midnight premiere of the new Batman movie in a suburb of Denver early on Friday, sparking pandemonium when he hurled a gas canister into the auditorium and opened fire on moviegoers. [REUTERS/ Evan Semin]
Live updates | Family releases statement | President Obama reacts
People react outside Gateway High School a few blocks from the scene of the Century 16 Theatre shootings in Aurora, Colorado July 20, 2012.
A gunman in a gas mask and bullet-proof vest killed 12 people at a midnight premiere of the new Batman movie in a suburb of Denver early on Friday, sparking pandemonium when he hurled a gas canister into the auditorium and opened fire on moviegoers. [REUTERS/ Evan Semin]
FULL COVERAGE: The latest on the mass shooting in Colorado
A masked gunman killed 12 people at a midnight showing of the new Batman movie in a suburb of Denver early on Friday, sparking pandemonium when he hurled a gas canister into the auditorium and opened fire on moviegoers.
About fifty others including children were wounded in the attack on the showing of “The Dark Knight Rises” in a mall in the Aurora suburb, some of whom were treated for the effects of tear gas, hospital officials said.
“This is a horrific event,” Aurora Police Chief Dan Oates told a news conference, adding that a suspect was taken into custody in the parking lot behind the theater. He had initially put the death toll at 14, but a spokesman later told NBC the toll had been revised to 12.
LIVE COVERAGE: Aurora, Colorado mass shooting at “Batman” film




![Tom Sullivan holds up a photo of his son Alex Sullivan pleading the media to help find him, outside Gateway High School a few blocks from the scene of the Century 16 Theatre shootings in Aurora, Colorado July 20, 2012.
A gunman in a gas mask and bullet-proof vest killed 12 people at a midnight premiere of the new Batman movie in a suburb of Denver early on Friday, sparking pandemonium when he hurled a gas canister into the auditorium and opened fire on moviegoers. [REUTERS/ Evan Semin]
Live updates | Family releases statement | President Obama reacts](http://24.media.tumblr.com/tumblr_m7h50eTms31qmaoalo1_1280.jpg)
![People react outside Gateway High School a few blocks from the scene of the Century 16 Theatre shootings in Aurora, Colorado July 20, 2012.
A gunman in a gas mask and bullet-proof vest killed 12 people at a midnight premiere of the new Batman movie in a suburb of Denver early on Friday, sparking pandemonium when he hurled a gas canister into the auditorium and opened fire on moviegoers. [REUTERS/ Evan Semin]
FULL COVERAGE: The latest on the mass shooting in Colorado](http://25.media.tumblr.com/tumblr_m7gzpqk16p1qmaoalo1_1280.jpg)
