who simply be called the murderer. i know that having a dozen people murdered in a movie theater gets our attention because thank god it doesn't happen every day. but one million innocent and healthy unborn babies die in their mother's wombs each year but eye electrickive abortions and we pay can't attention to that. we lost 6500 troops in iraq and afghanistan and hardly notice the still mounting numbers. i know there are almost twice as many suicides every year in the u.s. as there are murders but while we immediately cry for laws to address mass murder when is the last time you heard someone say we need to deal with the mental illnesses resulting in suicides especially and most tragically among our military veterans. i'm not attempting to disparage the attention being given to the aurora theaterring 14509ing. we should all offer our help for the emotional and victim

recovery of survivors. a wife who dies at the hands of a serial abuser is also a precious life. ultimately we don't have a crime problem or a gun problem or even a violence problem. what we have is a sin problem. and since we have ordered god out of our schools and community, the military and public conversations you know we really shouldn't act so surprised when all hell breaks loose. [ applause ] >> mike: we want to go to our fox news correspondent in aurora with the latest. alicia acuan is at the aurora medical center. >> we received an update from the trauma surgeon. they originally received 18 patients and released 11. of the 7 that remain he says that. so patients are going to have to come to term withs with the fact that they have life long injuries. we heard from brandon axel rod

he and his wife of less than a month were here at the movies with their best friend josh. take a listen. >> it was right after the opening action scene. it was quiet and the canister of whatever going across the theater and then the fizzing of it and then the shooting. the gun going off. josh helped me protect my wife and he got shot. >> and governor, the trauma surgeon, dr. bob snyder also said that now that the adrenaline is gone reality is is starting to set in with some of these patients. back to you. >> mike: thank you. i want to talk to alex milano. he is 19 years old and was in the movie theater with his 14-year-old sister 86

appreciate you joining us today. >> no problem. >> mike: you and your sister were in the movie theater when you first heard the commotion. did you think it was part of the movie or did you know something was not quite right? >> i started to think that something might not be right. at the first time i heard it i thought fireworks, i thought special effects, you know, midnight showing of a much anticipated movie why wouldn't they? >> mike: was there panic in the theater where you were? you were in the theater next door is that, correct? >> yes, theater eight. i was across the hallway from theater nine. >> mike: and was there a panic even in theater eight the one adjacent to where the shooting took place. >> there wasn't a panic until a couple of people got up and started to run out of theater after the first what i thought were fireworks went off and i notice they were actually -- sorry. >> mike: what was your first

instinct. iinstinct? get out of there or protect your sister. in what was the first think you thought and how did you react to that? to be honest, i did not think at all, i just did. i grabbed my sister's purse. i grabbed my bag. i grabbed her arm and we were gone. >> mike: and you got completely out of the theater. when did you realize this was not fireworks but this was an incredibly horrific scene and that people were dying? >> about five minutes prior to leaving the theater that i was in, i actually saw the bul buls rip through the wall in the lower right of the theater and that is when other people ran out holding themselves moaning in pain. >> mike: your sister i understand she has been severely traumatized by the whole experience. handling it better today? better able to talk about and handle what she saw and what

she experienced? >> to be honest with you she won't talk to any one else about it without me there or just talk to me about it in general. >> mike: i know this has been an incredibly painful situation for you and your family. what did your parents say to you and your close friends when they realized that you and your sister were okay? how did they respond? >> my mom was actually pretty frantic over the phone the first time i talked to her. she was at the hospital with my younger brother. he had actually gotten his appendix removed the day before. >> mike: he might have been with you otherwise, huh? >> yeah. well, not the little brother but i know my parents would have been. >> mike: you know what, he may grow up being glad he doesn't have an appendix and being able to escape the horrible thing that you and your sister had to go through. our thoughts and prayers with us. let your sister know there are

people all over this country that pray for her to get back on her feet and be okay. >> thank you very much. >> mike: alex, thank you. how you did police manage to do their jobs in the chaos of some tragedy like this? and what is the legal process in prosecution of the suspect? next i will bring a pam of legal and law enforcement experts and a we will tal

>> mike: i'm joined by a panel of folks that we assembled together to talk about what happens from here. we are not here to speculate on all of the things that might happen but you to talk about the processes. the judicial and law enforcement processes that will result from this case. joining me are the host of "justice," judge jeanine pirro. she is outside the movie theater today in aurora. dr. william july a clinical psychologist and former police officer and here with me in the studio at the fox newsquarters

peter johnson johnson, jr. andn fleming. judge, let me begin with you and let's talk about the process in colorado or most states about saying that this person did what he did because he was insane versus that it was a criminal intent. that makes a big difference in the way the adjudication will go. >> and there is a lot of speculation right now, governor about whether or not the defendant will proffer andin' sanity defense. we do know that the arraignment is scheduled for monday at 8:30 a.m. but that can possibly change. there are two issues on the table right now. will this defendant be considered competent, that is able to understand the nature of the charges and assist his lawyers in his defense? and then issue number two, will he seek to offer an insanity defense where the burden of proof then will be on the state of colorado to prove whether or

not he is sane. it is a classic mcnaughton rule did this defendant know and understand the nature of his acts and whether they are right or wrong or was he able to actually form the mental state necessary. what is interesting about the colorado statutes, governor, is mental deprivity that rises to the level of insanity cannot grow out of anger, revenge, hatred or evil. it is as though the colorado legislature said if you are so full of hate and anger and you just want people to use insanity as an excuse we are not going to let you do it. we are a long way from knowing what is going to happen but there is a lot of speculation since it clearly seems to be this defendant. >> mike: seems like the burden of proof to get to insanity is pretty difficult. let's say you were his attorney. how do you approach this as an

attorney to represent someone that the whole world hates right now? >> as an attorney he needs a psychiatric examination right away. it is a topsy-turvy burden of proof. the burden season going to be on the state to prove that he is sane once the defendant has asserted the insanity defense. it is also tempered by what is called the irresistible impulse. he could act in a way that seems to be rational in terms of the premeditation that appears to have gone into all of the acts. if hing show we will suffering from an irresist olympic impulse. meaning he would have acted in the same way even if the police officer was at his side then he has a strong opportunity to win on the psychiatric defense. he needs to be examined immediately to establish that and put all of the medical evidence together in terms of

previous treatment and what was exhibiting in terms of these symptoms. >> mike: dr. william july is a forensic psychologist. the question for you, when these kind of things happen one of the concerns is will there be copy cat crimes? is it more likely to happen if we elevate this person by giving his name. as you know i'm not giving his name because i don't want to give him any sense of celebrity. i don't want him to make up and read his name in the paper and hear his name on television and think wow i'm a somebody and some other loser loner out there think wow, i'm somebody, too. might that elevate them in some manner, as perverted as it is? >> absolutely, governor. the problem with something like this is in a situation in which a person who is not mentally or psychologically stable observes this sort of behavior i think

about the situation that happened in europe those things can trigger the copy cats, can empower them and motivate them to think that it is possible to do it in the very same way that a person is motivated to do positive things a person can be motivated to do diabolical things and inspired. we have to be careful of this cult and celebrity in which people became famous for whatever they have done regardless of whether it is a moral or immoral act. >> mike: one of the problems for the police department is maintaining control of the crime scene and chain of evidence. you disturb a lot of the basic crime scene evidence. as a police officer you have dealt with these kind of situations before. what is the primary thing that officers have to go and do because ultimately they will be in court having to prove there

was a chain of evidence and that the evidence was iran clad. >> the primary responsibility is saving lives. so if the crime scene is trodden over during the course of that, it is what it is. you try to protect as much evidence as you can. we see that happening right now in the apartment. there is evidence in the apartment. there is womans up in the apart -- there is comes up in the apartment and it is -- there is bombs up in the apartment. you want to try to keep all of the evidence that you can. talking about controlled blasts and quick putouts. that might happen but if it doesn't have to happen you don't want it to happen because i need that information because i want to know if there is any like minded individuals out there that either he associated himself with or accomplices or maybe someone has a secret pact with him. if not he is acting as a lone wolf. i need that evidence in that

apartment. that is one thing the aurora police department was able to do secure at the apart meant. some of that evidence is going to be tainted. >> mike: we will be rejoined by john, peter, the judge and dr. july when we return are. more with our panel, next. ♪ [ male announcer ] it started long ago. the joy of giving something everything you've got. it takes passion. and it's not letting up anytime soon. at unitedhealthcare insurance company, we understand that commitment. and always have. so does aarp, an organization serving the needs of americans 50 and over for generations. so it's no surprise millions have chosen an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company.

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>> mike: we are back be with the panel. and i just want to have sort of a flee flowing discussion. let me start back with you judge. you are throughout in colorado. i'm sure there is an absolute shock in that community. what are people saying in terms

of their reaction what do they want to happen to this person in their community? >> what are you hearing on streets of colorado? >> governor, it is very interesting. the pain and horror a palpable here in aurora. people are still in a state of shock. they are numb. a lot o of people are just hearing about the deaths of friends and family members so you haven't yet gotten to the point of anger, justice and all that. the police are focused on that because that is their job jinx' so impressed with the p.d. here with the coordinated effort, state, local, federal agencies, fbi, atf, they are putting together a case behind the scenes as other people try to heal each other. as i heard so eloquently stated today. we thought this was a once in a lifetime thing with columbine. how could this happen again to us in colorado? it is just a sad, sad place, governor. >> mike: john, you had mentioned about the evidence

that is in that apartment how critical it is. something happens that evidence is destroyed. how much does that affect the ability to properly prosecute this case? >> well, i think based on the fact pad, i think you can prosecute the case as far as making an argument whether he is sane or not that is a whole another issue. i think pretty much he is guilty as charged but what i was trying to point out in the apartment was there is other evidence that could be inside those hard drives, inside a capture tool like an ipod or iphone that might lead us to other members. i don't know. maybe he has a sect. maybe he has accomplices. maybe there is a plan to carry out further terrorist domestic terrorisms. we don't know. if we do a quick blast in there even with a quick putout we could lose that evidence. they might have to do it. i don't know. that is not a decision for me

to make. i know dan oates he was a chief here in the nypd. very accomplished guy. more than up to the task. but time is on our side. i heard that said time and time again. but it is really not. there is a sense of urgency here to get to that evidence or information that is inside the apartment. >> mike: so peter, obviously the concerns that a lot of people have is what can we do to prevent this. what laws can we create? i'm not sure there is in any law that can prevent people from doing crazy things? >> there are gun control laws and federal laws and laws across the state of colorado that were strengthened after columbine. we can take a harder look at people and react in ways more responsible and more socially responsible when we see abhorrent behavior. and so i think we have an obligation as a society as

human beings, as christians to move ahead and say listen, this is a person who i think needs help. who may be assisted by pharmacology or by treatment or by therapy. i'm hot making excuses for this -- i'm not making excuses for this defendant. if at the same time he is motivated by schizophrenia or depression or psychosis we should stop these things before they happen and family members and friends and school officials and everyone in the communities have that obligation in each and every state across the country you can have someone committed if you believe they are a danger to themselves or to yourself. >> here is the problem. as a judge i made these editions. if i could just finish here. as a judge i made the determination. it is a high standard. people can suspect but getting a judge to actually do something about it is very, very difficult. peter, i agree with everything

you have said but here we had a highly functioning individual who was extremely intelligent who apparently didn't exhibit any of these signs. so. >> we'll see. >> and judge -- >> if i may. if i may. >> mike: i want to get dr. july in here. everybody always says after the event something like this there were certain signs we saw but people weren't talking about it beforehand. what should we look for in a family member or friend. give us the tips to see. >> exactly. right, governor, the judge and peterrer are both making very good points but, however, the, we have to look for signs and take responsibility for family members and for friends. sometimes people will ask me what can i do. here is what you can do. watch do see is someone becoming isolated, withdrawn. do they have dark fantasies and tell weird jokes and you kind of shrug them off.

is there somebody that has behaviors that don't match up with the norm. behaviors tell us a story and when people are acting strange often there is something strange to it. as the judge says we don't live in a society where you can just go lock people up. but family members can take precautions and take actions and get people evaluated. >> mike: a quick final word from you. >> the shooter is responsible for this and liable in the end. all of us have an obligation to do what we can to prevent these incidents so we are not ringing our hands. we can stop this kind of behavior in some cases. we should do the best we can. >> mike: thank you all for being here. i appreciate your perspectives. one behavior that did change is out there on the campaign trail. all of the candidates for office shut down the vitrialic kind of campaigning that we have seen for months and months and dehe side decided to be cia

change. how is it that they can do that and when will we see them go back to the nasty campaigning that we are used to. danna perino talks about campaigns and how they react. and also how a reporter got a little ahead of himself [ snoring ] ♪ [ snoring ] [ male announcer ] introducing zzzquil sleep-aid. [ snoring ] [ snoring ] [ male announcer ] it's not for colds, it's not for pain, it's just for sleep. [ snoring ] [ male announcer ] because sleep is a beautiful thing. [ birds chirping ] introducing zzzquil, the non-habit forming sleep-aid from the makers of nyquil. ♪ the non-habit forming sleep-aid from the makers of nyquil. well another great thing about all this walking i've been doing is that it's given me time to reflect on some of life's biggest questions. like, if you could save hundreds on car insurance by making one simple call,

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from america's news headquarters a update on the movie theater massacre in colorado where 12 people were killed. late saturday the white house announce the president will be traveling to aurora sunday. he plans to visit with victims of the shooting and their families. he's expected to heat with state and local officials in his weekly radio address he called for prayer and reflection. in other news authorities believe two missing iowa girls are alive. investigateors looking into the