tv CNN Newsroom CNN July 30, 2012 11:00am-12:00pm EDT
going on. >> a lot coming forward about his mental status, his mental health. we had many conversations about whether he was suffering from mental illness. we're learning more about the psychiatrist he was seeing. what more do we know about the parcel that holmes had mailed his psychiatrist and could we learn more about this? >> last monday, three days after the shooting at a mail room in the university of colorado, this package arrived containing a notebook addressed to a psychiatrist holmes was seeing. that much we know. the defense is saying, look, this is privileged communications between a doctor and patient. we want to have that. the judge will decide on that part of this today. it tells us that he was seeing a psychiatrist, but it doesn't tell us how long he was seeing her or why he was seeing her. we still have so many more questions about that and what degree of mental health care he may have been getting looding up to this, and the big question, was there any kind of forewarning about this? we still don't have the answers to any of those questions, kyra.
>> jim spellman, thanks so much. we'll talk more about that and the legal ins and outs with paul cowin at the bottom of the hour. >> mitt romney's world tour moved into poland today. the stop followed a day and a half in israel and a couple days in london for the olympics. meeting with polish leaders and visiting a world war ii memorial before heading to jerusalem. romney made news there, mostly would talk about iran. let's talk about why he made the headlines. >> well, certainly mr. romney had tough talks on iran. he also made very, very clear that he fully supported israel. he said he would respect israel's decision to defend itself, even if that was -- if israel decided to do a pre-emptive strike on iran to keep iran from building a nuclear weapon. he also talked about the fact that he believes the united states should never openly
criticize israel, that it should treat israel as one of its closest allies, especially because what is happening in the region, including what is happening in syria, what happened in egypt, and what is happening in iran. being clear that he believes no matter what iran denies that iran is working towards nuclear weapon capabilities. >> we must not delude ourselves into thinking containment is an option. we must lead the effort to prevent iran from building and possessing nuclear weapons capabilities. we should employ any and all measures to dissuede the iranian regime from its nuclear course. no options should be excluded. we recognize israel's right to defend itself and it's right for america to stand with you. >> now, just to give you some idea, obviously, president obama also has a stance on israel and iran. and what has happened over this past few weeks is there have
been a large number of people from the obama administration coming into israel and what many people deem the don't bomb iran tour. where the obama administration has been trying to calm the tension between iran and israel, trying to get israel to back away from the idea of a pre-emptive strike and let diplomatic maneuvers as well as the increased sanctions run their course. mitt romney trying to differentiate himself in some ways, but he did back down a little. he certainly stopped short of saying he would endorse a strike by israel on iran. but some tough talk. he also talked about jerusalem and made some very controversial statements saying he believes jerusalem was the capitol of israel. that being controversy because no sitting president since 1967 has actually recognized jerusalem as israel's capital. the palestinians believe east jerusalem is their capital in a two-state solution, so the palestinians pretty upset with what romney had to say when he was standing just outside the
wall of the old city. >> thank you so much. and later today, romney will meet with former polish president. remember, he was also the leader of the solidarity movement which famously unionized the ship yards in poland. on the campaign trail in the u.s., romney has blamed unions for costing american blames and accused president obama of being in the pockets of union bosses. >> one of the other issues he stirred up was the location of the u.s. embassy. right now, it's in tel aviv and not jerusalem. he talked about moving the embassy and later when he spoke down with wolf blitzer. >> do you consider jerusalem to be the capital of israel? >> of course, the nation has the capacity to choose their own capital city, and jerusalem is israel's capital. >> if you become president, would you move the embassy? >> i think it's the policy to have our embassy in the nation's capital. in jerusalem, the decision to
make this one if i were president, i would want to take in consultation with the leadership of the government, which exists at that time, i would follow the same policy. the embassy would be in the capital. >> israelis and palestinians both claim it's the capital, but what is interesting is there's a law that states jerusalem is the capital and that the embassy should be there, but no president has ever enforced that law. you can see more of wolf blitzer's interview later today in "the situation room." >> mitt romney wondered aloud whether london was ready for the olympics. i think it's clear that voters in this country wonder aloud whether mitt romney is ready for the world. i think the world is not yet ready for mitt romney. i think there's literally to go overseas, stand in the country of our strongest ally in the
olympics they have been preparing years for and question whether or not they're ready does make you wonder whether or not he's ready to be commander in chief. >> what do the american people think. our latest poll shows obama out front by four points. 99 days left to go until election day. >> all the times i have been live in iraq, what went through your mind? this is the geographic south pole. [ ross ] we are in the dades gorge, high up in the atlas mountains of morocco. have you seen this road we're going down? ♪ there is no relief for the brakes. we'll put them to the test today. all right, let's move out! [ ross ] we're pushing the ats brakes to the limit. going as fast as we can down the hill. we are making these sharp turns,
and the summer games. are you getting into the olympic spirit yet? here are a few events you can watch today. the men's gymnastics team final. the u.s.'s toughest competition, china and japan. women's indoor volleyball. u.s. faces off against brazil in a rematch of the 2008 gold medal game. and in swimming, all eyes will be on our missy franklin in the women's 200 freestyle prelims and the women's 100 backstroke. >> well, maybe all eyes, in case you're seeing a big glare from
the shina grill that ryan lochte was sporting. zain, what is up with our swimmer here? >> yeah, i know. you know, he has a fabulous smile, a nice white grin, then you take a closer look, kyra, and you have that grill there. you have that stars and stripes, some diamond-studded things in his teeth there. he looks pretty cool, i think. if you look, you can see it was on the top row. they wouldn't give him the medal until it was out, but as soon as he got the gold, he put it back in. so i don't know whether that's cool or not. i think he's too cool for school. you mentioned missy franklin, by the way, and i found out something interesting about her. if you look at my shoes here, i wear -- just pass me my shoe. it's too early for that. no, kyra, this is a size 10. missy franklin has size 13 feet.
so she's got real slippers, basically. hopefully she'll be able to win. this is my jide of the grill. i don't think you're laughing about the shoe, are you? >> i am digging the high tops there. it's so you, zain. if people here really knew they would come rolling in here with their big -- her skis, we should say, even though we love her shoes, we could never borrow them. >> okay, so we have got your fabulous high tops. we have ryan's stunning patriotic grill. let's talk, though, about him and michael phelps. a lot of people watching these two. how about you? what are you paying attention to? >> yeah, i mean, what was interesting is i interviewed ryan lochte's mom a couple days ago. she said they're actually really close friends and they're sharing a room together in the olympic village. they're great friends, they hang out, play cards together. when it comes down to the swimming pool, the game is on.
they're great competitors, but ryan lochte is looking stronger than michael phelps who is proving he's actually human, kyra. >> well, we -- speaking of human, we had heartbreak watching the women's gymnast, jordyn wieber, we were playing close attention to this remarkable young lady. >> i know, really disappointing. she left the place in tears. she doesn't want to talk to journalists or anyone. she said she was disappointed. what happened, she kiengd of messed up mainly on the floor exercised. she had a wobbly handstand. everyone was stunned, especially the rest of the teammates who thought she would manage to grab gold. >> we have to wrap up with the opening ceremony and this mystery woman. we were laughing so hard today because there she is, just, you know, cruising with the posse there like nobody's business, like she belongs, smiling from
ear to ear. >> i know. >> i know, imagine if kyra phillips just wandered onto the pitch when the u.s. team finally came out with all of the stars. and then everyone was just talking about this redhead. and that was it. you know, but yeah, that's basically what happened. the woman came in and nobody knew who she was. she was basically someone who was taking part in the olympic ceremonies. if she wanted to blend in, she could have at least maybe worn a yellow sorry. there she was in red and turk. >> do we know anything about her, who she is? >> yes, her name is madura, according to the indian press. she's from bangalore and she got really excited, you can't blame her, but that was a little embarrassing. ten seconds of fame around the world. next thing we know, she'll have a grill. >> and be wearing your high
tops. thank you so much. >> thanks. >> as you watch the games, you probably notice a lot of empty seats at events. it's triggered angry response from fans who missed out on getting tickets. the problem is due to officials, athletes, sponsors, and the media who aren't using their seating. now, british soldiers are using some of the seats after they finish their security
test. we're talking about the number of military, of assad's regime defecting. can you put into perspective conflicting reports on who has the upper hand right now. >> that's right. there's been confusing as far as what we're seeing on the ground. they announced there were neighborhoods that had been held by the rebels that were now under the control of the syrian
military. the free syrian army rebels said that not the case. they have been able to repel the forces that have been trying to advance. in the meantime, there's a humanitarian crisis. 2 th 2,000 people have fled in the last two days. we had reports of families, men, women, and children, up to six people getting on motorcycles trying to get out of the city, trying to get to the countryside or across the border to turkey. residents say there are still fuel shortages, food shortages, they have no wheat, no bread. families huddled in public buildings trying to make sure they're safe from the consistent onslaught going on. all this happening while the fight for alepo is going on. it's a dire and critical situation there. one side is saying we have control of the neighborhoods and the syrian regime is saying they are terrorists.
>> thank you so much. and the u.n. now estimates that nearly 17,000 people have died since last march when the revolt in syria began. let's tong about india. one of the worst blackouts in a decade. more than 350 million people across northern india are in the dark. and it's sweltering heat. the area's power grid, apparently crashed earlier today, stalling hundreds of trains and creating a traffic nightmare in the treats. hospitals and airports are reportedly running on backup generators, but many backup power systems have run out. india's power minister has ordered an investigation into what caused the entire power grid to fail. but the country's top business lobby said this is a reminder of india's need to up grade the power infrastructure as enemy demands increase. its retinol formula visibly reduces wrinkles in one week. why wait if you don't have to. neutrogena®.
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and wounding dozens more is going to hear the charges against him. james holmes is in court for the second time since his arrest. this time, news cameras are waiting outside. the judge has clamped down on coverage, gagging the lawyers and sealing the case file. they're appealing, holmes is not expected to enter a plea nor are prosecutors expected to announce whether they'll seek the death penalty. we expect talk of the suspect's mental competency, and they'll try to get back a letter he mailed to his psychiatrist. paul is joining me, a former new york prosecutor and criminal trial lawyer and cnn contributor. boy, lots to talk about here, paul. >> lots. >> why don't we -- do you think this case hinges right now on the question of his sanity? >> oh, it most definitely does because let's face it, the evidence against him is
overwhelming. there's, you know, a theater full of witnesses, and he's caught by the police, and they have evidence about the apartment being wired, bombs set up. you know, factually, i think it's not hard to prove he committed this act. the only real issue is was he sane? and we'll see that today. we'll probably hear talk about whether he's even competent to stand trial. that's the first issue that you have to face in court. >> okay. well, let's talk about his psychiatric treatment and how this could play a factor in the trial. we were talking a lot in the past couple weeks about his mental state. could he be suffering from mental illness. there's a lot of reporting that has been done outside of cnn about that, and his psychiatrist. what do you find interesting, what are you paying attention to with regard to the psychiatrist he was seeing? and what we could see as pretty crucial elements as we go forward in his trial? >> well, you know, there are a
lot of interesting issue s here. the psychiatrist who was supposedly treating him at the university of colorado, works for the university. she treats graduate students. interestingly, her specialty field is skits frin yeah. there's a lot of reporting that indicate that people who suffer from mental illness sometimes see that mental illness become very, very severe some time in their 20s and sometimes violent incidents occur with schizophrenics. but it's a widely reported phenomena. so she's an expert in schizophrenia. if he's a schizophrenic, that's an intriguing issue because it will indicate an insanity defense in the case. >> is it possible she could have been giving him medication? >> it's quite possible, and of course, there was a lot of talk as to whether he was medicated at his last court appearance because he looked groggy and
sleepy. i was of the opinion that the authorities probably had not given him drugs, but who knows. he may have taken the drugs shortly before the incident, if he was on drugs. if he had been diagnosed at suffering from some form of severe mental illness, he might be on heavy duty psychootropic or other medications. that remains to be seen. >> let's talk about how medical privilege plays into all that, because we have been talking about this package that he sent her prior to that fateful friday. >> another fascinating question, kyra, because a doctor, of course, when the doctor communicates with a patient, and psychiatrists are doctors, they're medical doctors, there's a privilege that attaches. anything you say to the psychiatrist, they can never reveal it to anyone, and even the police, even their spouse, without your permission. but there's one exception. if you reveal to a psychiatrist you intend to hurt somebody else, they have an ethical,
moral, and legal obligation to warn the potential victim. now, getting back to the fact pattern here, was he telling the psychiatrist in this package that he intended to do harm to other people? obviously, if the psychiatrist knew about this, she would have had an obligation to warn, but the talk is in the earlier reports are maybe the psychiatrist didn't even see the material before the attack. under those circumstances, i think what was in the package probably would remain shielded by the medical privilege, and we won't see it, law enforcement won't see it, but that's going to be argued in court. >> you tend to wonder in sessions that he had with his psychiatrist prior to that, what was said, what was discussed. did he ever, you know, threaten those types of actions prior. >> you know, i have seen this in many cases we handle, my law firm defends psychiatrists in
malpractice cases. a lot of times they get sued for situations where a patient commits suicide or a patient hurts somebody else, and the claim is the psychiatrist had a duty to have the person hospitalized for their own protection, for society's protection, and didn't act. so this is going to be a big issue in the trial. was something said in those sessions that would have made a psychiatrist seek hospitalization for holmes? >> that's going to be fascinating to watch. i know colorado has executed only one inmate since 1967, so it will be interesting to see if prosecutors will seek the death penalty. we'll talk about all of this, paul, throughout the day today and in the weeks forward. thanks so much. >> nice being with you, as always, carol. >> pleasure. we have a reporter in the courtroom, so you're going to get all the news from today's hearing as soon as it's over. >> even after an aurora-style rampage, many american consider the second amendment's right to bear arms absolute. antonin scalia isn't one of
them. a conservative bullwort said they put limits on what kinds of weapons americans should be able to own. he spoke yesterday on fox news. >> obviously, the amendment does not apply to arms that cannot be hand carried. the key is hand bear. it doesn't apply to cannons. there are hand held rocket launchers that can bring down airplanes that will have to be -- it will have to be decided. >> scalia is the longest serving member of the current supreme court.
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first time since may. allison is on the new york stock exchange. we had a good friday, shall we say, and a little sketchy today. >> a little sketchy today. just makes you realize that it's just 13,000. it's just a nice, warm, fuzzy, round number. there are hopes today that the world central banks are going to take some sort of step this week to stimulate the economy. not just the fed, but the ecb in europe is also going to be meeting. what everybody wants to know is what does 13,000 really mean to you and me? mostly, it's just a psychological level. when people see the dow pass the big round levels, it makes people feel more confident, more likely to invest. we're on the right track, but the health of the stock market and the economy itself don't necessarily going hand in hand. you look at the jobs market, hiring is still slow. economic growth is still slow along with that list that keeps growing and growing about the problems in europe. we still need to see a lot of things resolved for the upper trebd to continue, but 13,000 isn't all that bad, is it?
>> no, it's not. let's talk about apple and sam sung as being called the patent trial of the century. >> oh, yeah. huge cat fight. a really high profile case. what it all boils down to is who copied who and who invented what? apple said samsung made a deliberate intention to copy the iphone and ipad and samsung was warned a couple years ago its decision were too similar to apple's. what apple wants is $2.5 billion in sales, damages, and profits. samsung said the inspiration for apple's iphone design came from sony plans for its smart phone. they also said apple wants to stifle competition and limit consumer choice. the big decision for the judge to decide is just how strong the patents are that the companies had and whether one can be called the genuine innovator.
jury selection begins today. >> for more business news, go to cnnmoney.com. that cloud is in the network, so it can deliver all the power of the network itself. bringing people together to develop the best ideas -- and providing the apps and computing power to make new ideas real. it's the cloud from at&t. with new ways to work together, business works better. ♪ [ dramatic soundtrack plays ] whether it's showing competitors' rates or striving to be number one, we're always up for a little competition. zap! [ sparking ] now, that's progressive.
disgusting, but awareness is key here. it's child porn. traded like baseball cards by predators online. like that of a petrified 18-month-old infant naked from the waist down holding a stuffed toy bunny. it's that little boy's picture and the man who e-mailed the photo. it was just the start of a massive international operation that so far has led to nearly four dozen arrests. and it's helped authorities track down 140 children. we're talking about a huge network of child porn that spans the globe. and those are just some sof the horrifying details from boston globe reporter jennifer mckim's months long investigation. and jennifer, i really want to be proactive here. want to talk about these predators and these kids. but at the same time, i want to be proactive and talk about what we can do as parents to hopefully prevent this when it comes to our kids.
this 18-month-old little boy, his picture was crucial to unraveling this child porn network, right? >> exactly. >> explain. >> so this picture was part of a series of photos that had been traded by a lot of people around the world that were taken by daycare provider in the netherlands, but a milford man sent the photo on a forum that was used widely by people who like these kinds of really sick photos. instead of sending it to someone like himself, it got in the hands of federal investigators. when they saw this picture of this little boy, they see these pictures all the time. these are investigators who this is the work they do, but the boy was so young and so scared, and the actual quality of the photo made them think it was a picture that had been taken recently. and no one had seen it, so they started to investigate where it came from. it turned out after sending it
all around the world, it ended up being this picture of a boy in the netherlands. >> you even talked about this in your article, that online child porn has become so popular, and so huge, the trafficking, that authorities can't even keep up with it. >> exactly. and the head person in hsi in boston likes to say, he could put all his investigators on this full time and wouldn't be able to stop the problem. it's just exploded over the last couple years with the use of the internet and the anonymity it gives people, and it allows people who have this kind of illness to be able to find like-minded people, and actually kind of promote their illness. >> and you point out in your article that most of these pornographers are unmarried, white men. how are they getting access to these kids? i mean, talk to me now as a parent. you're a parntd, how are they
getting time with these children? >> well, that's the thing. this is not -- when i first got into the story, i thought this was going to be a business story, people providing this information, but basically, they call it homemade product. it's a horrible thing to say, but basically, they're finding their neighbors, their own children, family members. it's child abuse, but it's then photographed and sent around the world. >> so what do we do? do we need to screen every babysitter, every daycare center, every -- i mean, we have seen with priests and pastors and what do we do as parents? >> well, what we should, and we do, and i think we try to do that more and more. you node to do your due diligence when you have a babysitter, even someone in your own family who makes you uncomfortable. i have been speaking to therapists and they say, if you have a bad feeling, you know, listen to yourself, and listen to your children. if they're not comfortable hanging out with some person, then listen to that kid. they talk a lot about how we
teach our kids to be scared of strangers, but most of these things happen with people around them. people they know and trust. who are part of the family. >> final question, and i want to get his picture out there because apparently we got his mug shot. and we're talking about robert deduka, this discugusting human being. this is where this investigation began. nearly a year after he had sent the photo of that 18-month-old, he had returned online to a forum where he was being monitored, and just to give folks an idea of how sick, and by the way, he had children of his own, three boys, right? married with three boys. >> three children. i don't think they were all boys. >> here's what he writes, omg, how many of belong to a swim club or gym where you come across awesome little toddlers running around naked? he posted this in october of 2010, according to the search waurbt that led to his arrest. it goes on tasay, i love parents, especially daddies who
have no clue how sexy their little boys are. you were talking about how investigators with whom you interviewed have ptsd and can't sleep at night because they have to deal with disgusting people like this. >> right, exactly. it's hard -- i went through this process and spent a long time on it. i read a lot of federal indictments and things that were almost impossible to read for their terribleness. i go back and say why am i writing this? why is it important for them to know about it? these are the guy whose are doing this all the time, they said people should know because they need to watch out for their kids. they need to know what they're doing. just to know there are guys like these guys trying to go after them. and thirdly, actually, that this little boy, some people argue, the defense attorneys for people who are looking at child pornography, these children are pictures. not real people. this little boy had parents who didn't know this was happening. it's really important to
recognize that child pornography is about real kids. >> and we're parents, and we can all relate to that. jennifer, i know this took you months and months to work on, and it was not easy. but it was pretty incredible. and i think every parent definitely needs to read it. thanks so much. while it's difficult to pinpoint an exact number, according to the american psychology association, at least 300,000 children in the u.s. are sexually abused each year. suspected abuse can be reported to the national center for missing and exploited children at cybertipline.com. clear, huh? my nutritional standards are high. i'm not juice or fancy water, i'm different. i've got nine grams of protein. twist my lid. that's three times more than me! twenty-one vitamins and minerals and zero fat! hmmm. you'll bring a lot to the party. [ all ] yay! [ female announcer ] new ensure clear. nine grams protein. zero fat. twenty-one vitamins and minerals.
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in september in charlotte. mark preston joining us, and i guess that we should not be surprised that it will include bill clinton? >> no, don't be surprised at all, because there was a prime time slot for him in 2008 and a lot of talk between the relations of president clinton and president obama and how frosted they have been and a result of the brutal presidential campaign and the primary campaign between his wife, hillary clinton, and of course, barack obama, but president clinton is very much in the fold, and we should not be too surprised to see this and we saw the republican national committee put out a point by point bulletin touting president obama's time in office and saying that he is no bill clinton. that is interesting. >> well, he has been playing a role until this announcement. >> well, he has and he has been raising money. president clinton has been raising money for president obama and a lot of people probably forget this, but looking back a few months, president clinton narrated a 1:30 minute video where he
praised president obama for the action he took to take out osama bin laden and in the middle question if mitt romney would have made the same decision. and it is a big night and he only has to up against the opening night of the nfl, kyra. >> meanwhile, mitt romney talking about his trip overseas raising $1 million in israel this morning. >> yeah, a lot of pac money over there in israel and that is of course americans living in israel and shows how well mitt romney is doing right now with the jewish vote, and there is a big fight for it right now, and one of the things that he was able to do is to raise the $1 million. we shaw sheldon adelson who is one of the wealthiest men in the world and happens to be the casino magnate who lives in las vegas and attended the fund-raiser and so mitt romney was raising money over there and
able to do so, we know that president obama will be raising money in new york raising $250,000 and meanwhile joe biden the vice president is out in chicago raising money, so as much as we talk about legislating here in washington, d.c., it really has come down to the campaign right now, kyra. >> all right. mark preston, thank you so much. and the democratic national convention is being held in charlotte, north carolina, from september 3 d through the 6th, and president obama gives his speech on the la last day of the convention, and you can see that right here on cnn.com/politics. a place where innovation meets determination... and businesses lead the world. the new new york works for business. find out how it can work for yours at thenewny.com.
and combined it with modern technology. together you get quality services on your terms, with total customer support. legalzoom documents have been accepted in all 50 states, and they're backed by a 100% satisfaction guarantee. so go to legalzoom.com today and see for yourself. it's law that just makes sense. well sh, a couple in crysta springs, mississippi, had to find a new place to get married after the church they attended banned the wedding. a few members of the first baptist church of crystal springs threatened to remove the pastor if he removed the ceremony, because the couple is black. the pastor who is white ended up presiding over the wedding ceremony anyway at a separate church down the street, but still, the couple has a lot of questions why a small minority was able to mess up their wedding plans. >> well, i listened to what you
said about the congregation, and all of those people that were sorry, well, we are god faring people, and we love jesus and christian christians. the thing i would say to the people and everyone else that is listening to what we are talking about is that why didn't those people stand up this the beginning if it was a minority of people, why didn't the majority of them stand up and say in god's house we don't do this? >> well, the church is holding meetings now to determine what to do if they get another request from a black couple. thanks for watching, everyone. you can continue the conversation with me at kyracnn or on facebook. newsroom international starts right now. welcome to newsroom international. i'm suzanne malveaux and we are taking you around the world in 60 minutes. mitt romney is angering palestinians with comments on jerusalem. also looking at this, paying to sleep in the back of a taxi in the olympics and it is not
cheap. and kurdish women appear to be training for battle and firing guns and then they are dancing. we will explain the strange form of propaganda. up first a story making headlines in the united states and around the world. the suspect in the colorado movie theater massacre is returning to court. james holmes is expected to be formally charged in the rampage that left 12 people dead and 58 wounded. this is the scene a week ago en holmes first appeared in court. since then he has been held in jail in isolation. jim spellman is joining us from centennial, colorado, and no cameras in the courthouse for today's hearing and tell us why first of all and walk us through what we expect to happen. >> sure. this hearing is under way right now, suzanne. no cameras in the courtroom and the judge decided before last week's hearing that in the early portion of the proceeding he would allow a camera for the initial appearance and the arraignment that should come in a couple of days. there is a sketch artist in
there and full of reporters including cnn's eddie lavendara who will come down as soon as we know what is going to happen. first, he will be read the formal charges and from court documents that is 12 counts of first-degree murder and numerous attempts of first-degree murder and numerous counts around the boo booby-trapped apartment me left. and also they will decide if the notebook to the psychiatrist is privileged and the defense will argument to unseal some of the documents in the case that have been sealed. as soon as he is out here, we will be out here to report on it. suzanne? >> and also there was a charge filed about this before it happened and will this affect the defense or the prosecution? >> well, it depends what is in the notebook, and according to the court documents the d.a.'s office has not looked at