The Defendant argues in Motion D-11 that "the content of these materials was leaked by the government to the media..." Certainly the media, including Fox News and NBCNEWS.com, have said this, but that does not make it so. In fact, the content of the news stories would seem to indicate that whoever provided information to Fox News, if anyone, did not actually have knowledge of the facts of this case. For instance, the Fox News story stated that the FBI took possession of the package and its contents--this is incorrect, as it was the Aurora Police Department. The NBCNEWS.com story indicated that the Aurora Police Department had obtained two search warrants, one for the package itself and a second one for its contents. This is not correct, as the Aurora Police Department obtained only one search warrant. Other stories have stated that the police are currently examining the contents of the box--again untrue, as the contents were secured and not examined, and held for potential in camera review. These factual errors lead the People to believe that there may not even be a "law enforcement source" "leaking" confidential information and that the media is getting information from hoaxers, fraudsters, or maybe from nobody at all by creating fake "law enforcement sources" out of whole cloth. To put it bluntly, the People are extremely dubious of the media assertions that "law enforcement sources" exist. The court need not, and should not, accept that the media is correctly identifying the affiliation of the persons they claim are providing them with "information."
http://www.courts.state.co.us/userfiles/file/Court_Probation/18th_Judicial_District/18th_Courts/12CR1522/2012-07-27%2012CR1522%20People's%20response%20to%20D11.pdf
