Aurora theater shooting: Fox News reporter Jana Winter will not have to reveal sources

New York's top court says state law protects a Fox News reporter from being forced to reveal her sources for a story about the suspect in the mass shooting at a movie theater in Aurora last year.

The Court of Appeals ruled 4 to 2 on Tuesday that the state's shield law supports refusing to recognize a Colorado court's petition for a subpoena.

Lawyers for the suspect, James Holmes, wanted New York-based reporter Jana Winter brought to Colorado to name two law officers who told her Holmes had mailed a notebook depicting violence to a psychiatrist. They argue the sources violated a gag order, may have lied under oath about that and won't be credible as trial witnesses.

Defense lawyers and prosecutors routinely decline to comment, citing the gag order.

Holmes is accused of killing 12 people and injuring 70 in an Aurora movie theater in July 2012. Prosecutors are seeking the death penalty.