Updated: August 20, 2013 at 11:59 am
DENVER — New York-based reporter Jana Winter has lost another round in her battle to protect her confidential sources for a story about Colorado theater shooting suspect James Holmes.
A New York state appeals court on Tuesday upheld a lower court's decision to enforce a Colorado subpoena that could force Winter to reveal the names or go to jail.
Colorado needs the approval of New York judges to enforce the subpoena.
Winter works for Fox News. Citing unidentified law-enforcement sources, she reported Holmes sent a psychiatrist a notebook containing violent images.
Holmes' attorneys say the leak violated a gag order. They also say police may have lied when they denied being Winter's source, undermining their credibility as witnesses.
Holmes has pleaded insanity to charges of killing 12 people and injuring 70.