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tv   Happening Now  FOX News  July 23, 2012 11:00am-1:00pm EDT

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producer sitting in the courtroom, there are family members of the victims already inside. they are streaming in. they have tears coming down their faces. once things get going in half an hour from now holmes will appear before judge william sylvester. he will be advised of his rights. this is something that could take five minutes or even less. that could be it. there could be a reading of the charges. otherwise the government has about 72 hours to file formnal charges. jon, we also found out from the public information officer inside the courthouse that about 10 minutes after this hearing we will have a press conference here, a news conference here from carol chambers, the district attorney here. jon? jon: alicia, you spoke to a victim who hopes to be in that courtroom today? >> reporter: yes. her name is mikhail la hicks. she was her. she talked to us with her friend laurie, she was inside theater eight, next door to the one where the
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shooting that took place. mckayla, was shot through the theater wall. it is still in her chin. doctors say it is safer for her right now. her mother said she is trying to get into the courtroom. >> i want to go into the courthouse to see as much as i can. if i can get in. if i can just see this guy, for how much hurt he has done to this whole state, this whole nation. i mean, i don't think he's hurting yet. and i think he needs to. >> reporter: and again, jon, things get going about 25 minutes from now. back to you. jon: alicia acuna at the courthouse. thank you. [audio difficulties] jenna: we're having a little technical difficulty with our camera in aurora. we'll be back to jon in a moment. let's get back to what he was talking about there. a community heartbroken and
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shattered by what is described as unthinkable event. thousands of people coming together in aurora last night to honor and remember all the victims and their famlys. the ceremony marked by tears, prayers and song. colorado's governor, john hickenlooper offering help to people in his state. and he drew a standing ovation when he refused to use the suspect's name. >> literally within seconds they apprehended the suspect. [applause] and i refuse to say his name. [cheers and applause] jenna: in the meantime 12 wooden crosses, one for each innocent person murdered stand on a hill across the street from the movie theater. the memorial now growing by the hour, with flowers and momentos. >> we've been through a lot
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as coloradans. it is very tragic. my heart breaks for all these people. innocence was lost. >> the devastation, i mean really. look at these innocent people. a little girl. you know? this is just horrible for colorado, for anyone. i mean for, who does this kind of thing? jenna: that woman reflecting how so many of us feel. the man responsible for those crosses drove all the way from illinois. he built a similar memorial for the victims of the nearby columbine shooting in 1999. the president also offering his condolences in person to survivors and families of those killed in colorado, speaking at a local hospital there, the president quote scripture and telling mourners he went to aurora, not so much as president, not in that role but as a role of a husband and a father. >> my main task was to serve
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as a representative of the entire country and let them know that we are thinking about them at this moment and we'll continue to think about them each and every day. i think that the reason stories like this have such an impact on us is because we can all understand what it would be to have somebody that we love taken from us in this tags. jenna: the president also telling the story of two friends he visited in the hospital. ali young was one of the first people injured in the shooting. her best friend, stephanie davies, saved her life by applying pressure to the gunshot wound to her neck. with gunshots ringing all around her, she stayed with her friend until help arrived. they both visited with the president. we're learning more about the movie massacre victims. details that made them who they were. the remarkable stories of some who gave their lives
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trying to save others. rick folbaum from the new york city newsroom. rick? >> reporter: 12 lives cut short with promise and hope that will never be fulfilled including 26-year-old jonathan blount. a navy veteran. was looking to reenlist, took a bullet to save his girl friend that survived. alex spot a master's in psychology, a therapist who friends say loved arizona basketball, and spider-man. he died protecting his girlfriend as well as matt mcquinn. he moved out to the denver area from ohio. he used his body to shield his long-time girlfriend and her brother both who survived. the youngest victim, veronica sullivan, whose pregnant mother, ashley remains in critical condition. relatives described veronica excited about life and recently learning about learn being to swim.
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gordon cowan went to the movie with his two of his four single teenage children. a single dad. and worked long hours but always made time for his family. alex sullivan was at the movies celebrating his 27th birthday. he would have celebrated his first wedding anniversary this weekend. he was self-described commodity mick book geek, who friends described as a big softy. alex boik, had recent high school grad and was looking to be a teacher one day. his family said he has a warm, loving heart. rye becca wingo, mother of two young girls. had served in the air force. was taking classes at a record can community college. she was active at her church. you may have heard the story of 24-year-old jessica gau which, a aspiring sportscaster and blogged about missing a shooting at a mall in canada. this time she could not escape. 27-year-old john larimer was
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in the navy, stationed at buckley air force base. a outstanding shipmate according to his commanding officer. he was the youngest of five kids. jesse childress was a stationed at buckley. a cyber systems operator. he got a brand new car. nicknamed the car the batmobile. 20-year-old, mikhail la medic. she was working at a subway sandwich shock. the family members, hope the act of evil does not shake in faith in god. faith is one of the few things able to bring comfort at this. you can support victims and their families donating at the website, getting back to you, jenna. jenna: we'll have the information up on our website. rick, thank you. now this fox news alert from syria. a stunning revelation and threat from the government. president assad, a spokesman for the foreign ministry there is saying that syria will use chemical and biological weapons if it
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comes under attack by another country. claiming it will never use these type of weapons against its own people otherwise. syria acknowledging for the first time that it has weapons of mass destruction and these are called, causing alarm bells to ring louder from washington it israel. joining us dominic di-natale live from our middle east bureau with more. >> reporter: jenna, a astonishing admission from the syrians forced after israel prime minister benjamin netanyahu said on fox news yesterday that israel would act if it had to prevent attacks of chemical weapons by, for example, its arch rival hezbollah or managed to get its hands on those in the middle of chaos going on in syria. in a statement today, very surprising one too the government spokesman. take a listen. >> any stocks of wmd or any unconventional weapon that the syrian arab repub possess would never be used against civilians or other
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people during this crisis. these weapons are meant to be usely only and strictly in external aggression against the arab republic. >> reporter: addressing the international community there. no doubt, syria very much feeling pressure any intervention military littlely by israel would mean the end. regime which in the last 24 hours managed to claw back the capital of damascus from the rebels. and it fighting turns to the second city up north. attempt to overtake the airport to military arsenals in the past 24 hours. we're also hearing that the arab league is trying to applay pressure also to syria. the head of the arab league saying it is time for president assad to leave. they will try to facilitate the safe exit. he says this request comes from the all arab states, mr. assad, step aside. however the neighbors next door in iraq, government there saying they're not part of that statement at all. iraq one of the few arab countries that continues to
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support the assad regime but probably because of iraq's own sorters is -- supporters is iran underwriters of assad regime. on top of that we believe that the rebels are going to make a further deeper push into aletta. there is report in the past few minutes that hundreds of fighters are heading towards that city, jenna. jenna: an important story for us today, dominic. we'll have senator john mccain joining us live next hour. we'll get his thoughts on the growing tension in the middle east including what is happening with syria, the presidential election and also the mass murder in colorado. he will join us, 12:45 eastern time. jon. jon: an incredible act of bravery from a real superhero, jenna. amidday i don't see and panic at the colorado movie theater with people running for their lives this teenager stayed behind and helped save others. the his inspiring story and the price he paid next.
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>> look forward to that. late-breaking developments in the penn state child sex abuse case. the college is hit with fines and serious penalties. is it tough enough? we have a detailed report next ♪
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jon: there are some real heroes emerging from the nightmare of the colorado shooting massacre. 18 jerel brooks was set to run for his life when the gunman opened fire in that packed movie theater he was sitting. when he saw a mother franicly trying to save her two young daughters he stopped to help them instead of running for the exits. during the process he took a bullet to his leg and probably saved their lives. joining me now on the phone is jerel brooks. you're out of the hospital recuperating at home. you took a bullet that when in and out of your thigh. how are you feeling today? >> i'm definitely feeling lot better. i'm still recovering in the
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recovery process but getting along. i'm stretching out as much as i can exercising regularly so i'm feeling pretty good, take me back to the wee hours of friday morning. you're in the theater. the gunman starts firing. your first instinct obviously is to run for your life but there is a woman next to you named patricia. what did you say to, or what did you hear her say? >> well, when i was first trying to exit the theater, i noticed her, you know, her first thought was to me was, i'm here with my two kids. my immediate action i had to help them out in any way possible. jon: everybody's trying to get out. i'm sure it was chaos and madness and you decided you're going to stop and help patricia and her two little kids get out of that theater? >> right. i mean it was, you know it was just, a huge act of the moment. you don't really know how
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you're going to react in a situation like that. when i saw her two kids sitting there, definitely my first reaction i have to help them out as soon as i can. it wasn't even about, whether i made it out at that time. it was definitely about her getting out safe and sound. i was there to help her out. jon: so as you're there helping her out you felt the bullet hit you and you still had the presence of mind to sort of herd the two kids and their mother safely out of the theater? >> yeah, i did. i figured at that moment, either get hit, stay there or at least try to get somebody out. jon: well, i understand she was hit by the same bullet that hit you but, you all made it out basically okay. wounded but alive. it's a story like that just makes us all proud to be americans. jarell, thank you very much. we wish you the best during your recovery. >> thank you, sir.
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jon: thanks. jenna: now a fox news alert. the ncaa handing down swift and severe punishment for penn state's football program in the wake of a skrathing you new report on sex acase. it is to pay $60 million fine. it is banned for participating in bowl games for four years. these penalties for penn state are really a tip of the iceberg. rick leventhal live from the new york newsroom with more. rick? >> reporter: among the harshest sanctions ever lefted by a football program with its a clear message that this can't happen again. you mentioned $60 million fine. that equals the average geese revenue of the knity lion sports program. loss of 10 initial scholarships each year, five years probation and the school is vacating every win from 1998 through 2011. joe paterno is no longer the winningest coach in major college football. he lost 111 games, dropping
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from 409 career victories to 298. the university says it will not appeal the sanctions. >> the his toreally unprecedented actions by the ncaa today are warranted by the conspiracy of silence that was maintained at the highest levels of the university in reckless and callous disregard for the children. >> reporter: these penalties come less than two weeks after the freeh report accused coach paterno and university officials of concealing child sex allegation it is against that man, jerry sandusky who was convicted last month of abusing 10 boys, some on campus. it comes one day after the 900 pound bronze statue was removed outside from beaver stadium. covered by a tarp and hauled off by a forklift. today the school's president says we're entering a new chapter at penn state and making necessary changes the we must create a culture which people are not afraid to speak up and the operating philosophy is open,
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collegial and collaborative. the financial inpack, jenna, is huge. the big 10 announced the school will not receive a share of conference bowl revenue. that is estimated at $13 million. that they will donate the money to child abuse charity. the program brought in the 160 million statewide and that includes 70 million. much of that money funds the rest of penn state's athletic teams. it will have to come from somewhere else. jenna: we're still awaiting sandusky's sentencing as well. still more to this story. rick, thank you. >> reporter: sure. jon: getting inside the mind of the colorado shooting suspect. james holmes is still very much a puzzle to investigators. what happened that turned a brilliant, aspiring scientist into a mass murder suspect? a psychologist joins us live coming up with some possibilities. plus, drew peterson, accused of killing his third wife and a prime suspect in the disappearance of his fourth wife. now his long delayed murder trial gets underway. the very latest on this case,
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court the suspect in the colorado shooting mass cure is due in court. he was a ph.d candidate in neuroscience in. with no previous record. he was stockpiling massive amounts of firepower, buying thousands and thousands of rounds online. he grew up in comfortable circumstance if you will in san diego, california. his parents are reportedly cooperating with authorities. his pastor knows them well. >> this is so absurd and so out of character from my understanding of this young man and the way he lived his
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life. he had some goals. he was a little bit on the quiet side. in one-on-one conversation it was obvious he was an intelligent young man, and he had some goals. he was going to be a professional. jenna: again the family pastor there. how can we understand what's in the mind of an alleged mass murderer? an we even do that? our next guest says this should be viewed as an act of terrorism, the shooting in a theater is an act of terrorism. brian russell is an psychologist and attorney who studied cases like this. before we get to the, at this time, has anyone been able to assess, do a preliminary assessment of his psychology? >> typically, jenna, at this point all that would have been done is a triage type of evaluation to determine what kind of mental health services if any he may need in the jail. so, for example, whether or
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not he ought to be on suicide watch, which i doubt. the competency to stand trial and insanity defense types of evaluations will become later. jenna: it hasn't been done in depth as you mention. sort of surface level as he is in custody. we heard the pastor, the family pastor, say this is really out of character. what do you make of that comment? >> i speaks more to how little we know each other. i'm not sure this person changed all that much. as time goes by, people will come out of the woodwork who knew the guy and acknowledged that he would become radical or volatile when the world and his life didn't go the way he wanted. jenna: we are seeing description of this being a tragedy and it is interesting to see your description of it as an act of terror. why do you describe it that way? >> well, look, webster's defines terrorism as the use of fear as a means of coercion. in essence to further one's
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goals through fear and i think this guy has a goal an agenda, something to say, something that he thinks is a cause and i think he used mass murder to give himself a platform to articulate and advocate it. jenna: we're just speculating at this time when you say cause, what do you mean? >> well, we don't know yet. all we can do is compare him to other similar cases. for example the norwegian mass shooter, anders breivik was similar. concealment after mass urd, committed it and surrenderedded to authorities. he didn't want to die. he want to say in his trial he thought norway was too multicultural. we don't know what this person's cause may be or what he thinks is his cause. i think we'll hear it. he probably has something to say, why he went to such great lengths not to get killed in the course of this. jenna: let's go to that point. why is that? often times we see cases like this. they don't end this way with
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someone being taken into custody and you know, without much drama according to reports. as a professional that looks into these situations what do you make of that move by this young man? >> well usually, jenna, people who do these kinds of things want to go out and sort of a blaze of suicidal glory and when they don't, it's usually because they have got something to say. jenna: dr. russell, just real quick here, you know, how do you just make sense of this? >> how do i make sense of? jenna: you know, you're a doctor, talking to you as a professional but just as a regular person, how do you, how do you make of this story? >> well, it's senseless to you and i who are thinking rationally. i don't think that this guy is going to be incompetent to stand trial. i think his mind was working plenty well enough to be able to function at the level which is relatively low that you need to be able to function to be competent
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to stand trial. i don't think he will meet the legal definition of insanity even though he may be clinically insane. i think that he's got something to say and he --. jenna: dr. russell, if you will stand by for a m we're getting life pictures from inside the courtroom. guys, we have audio here as well? let's take a listen in. >> tamara brady. colorado state public defender's office appearing for mr. holmes who is in custody. >> good morning. >> good morning. >> mr. holmes, this matter comes on what we call an initial advisement pursuant to rule 5. deputy, please step back. >> you have a right to remain silent. you make any statements that can be used against you. you have a right to be represented by an attorney. if you could not afford one, statutory guidelines i would appoint one to represent you at no cost to yourself.
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any plea you make must be voluntary, not the result of any undue influence or coercion. the typically, you have a right to be advised of the charges. you have a right to be advised of the charges. the judge made a preliminary determination of probable cause to believe you committed the offense of first-degree murder which is a class 1 felony under colorado law. ordinarily individuals are entitled to bail. given the nature of the charges you are currently being held on a no bond hold. you also have a right to have a jury trial, and preliminary hearing to determine whether it is probable cause to believe that you're the person that committed the offense. mr. holmes, do you have any questions about that initial advisement? >> [inaudible]. >> thank you, mr. king. pursuant to crs 18.110.01 we
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enter mandatory protection order. violation of protection order can constitute a new criminal offense or contempt of court. it is the order of court you shall not harass, molest, intimidate, retaliate against or tamper with any witness to or victim of the acts you are charged with committing. shall vacate the home of the victim. stay away from the home of the victims and stay away from any of the location the victims are likely to be found. you shall refrain from contacting directly or indirectly communicating with victims. shout out possess control firearm or other weapon. possess alcoholic beverages or controlled substances and further order of the court you are not to commit any new offenses. miss pierson, if you would approach, please. signed the mandatory protection order. tender a copy to mr. holmes and acknowledge his receipt
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on the record. >> acknowledge receipt of this. [inaudible] >> charges which are requested at this point. >> we are asking for extended period of time, being 72 hours to necessary delay we would be requesting until next monday, july 30th. >> mr. king. >> we would not object to that. if i may approach however i do have an application that is completed. >> you may. >> your honor, at that time we'll also file an amendmentment to the protection order that lists all the victims in this case. >> the court has signed the application. appointing public defend. public defender is appointed. set matter for formal filing charges this monday, july
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30th, 9:30 in this division. given the nature of the charges i likely voluminous pleadings, i'm entering an initial case management order. counsel received a copy of that order yet? >> yes, sir. >> miss pierson, did you receive a copy. >> we did not, your honor. >> okay. we'll make sure you get a copy. essentially what that is going to do in order to track the pleadings, all people's filings will be captioned with a p with a sea zoo qengsal number thereafter. defense will be a d with a sequential number thereafter and eye identify my filings or orders with a c. that we've had some filings already the initial case management order i captioned
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c-2 listed the orders and motions filed thus far. what i would like to do is recap them. make sure i'm not missing anything. so far we've got c-1 which is the emc decorum order that i issued. we've got the p-1, which is the motion to seal the search warrant, affidavits and orders and case file which was filed by the people. i did grant that. we've got outstanding d-1 which is a motion for access to and preservation of the crime scene which relates to access by the defense and their experts to the movie theater. we'll address that in a moment. we've got d-2, a motion to limit pretrial publicity. along with that motion i did receive a proposed order, however, i'm inclined to go ahead and just track rule 3.6 and 3.8 of the rules of professional conduct. miss pierson, the -- [inaudible]
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>> [inaudible]. >> okay. >> the court will be issuing the order granting pretrial publicity. make sure counsel gets a copy. >> [inaudible]. >> the defense -- [inaudible] >> 3. --. jon: there he is, the suspect. so many people have been wondering about. the man suspected of a horrible crime, now sitting there as you see live until a colorado courtroom,
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hearing the charges read against him. >> i did grant the request for expanded media coverage. i have not been -- request for expanded media coverage at this time. jon: we should explain that under the court's own rules they required that the feed from the courtroom be done, in television terms, rather basically. the signal is coming out of the courthouse on a cell phone. the video is being fed, essentially into a cell phone and then being fed to broadcast outlets including ours and that is part of the reason for this interruption. >> would be appreciated, judge. >> miss chambers, do you have any objection to that procedure, miss pierson?
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>> [inaudible]. >> we do have the motion for access to the crime scene. have a position on that? >> [inaudible]. >> position to give them reasonable access with 24 hour notice? >> yes. >> all right. the court will issue an order concerning that. anything further on that issue mr. king? >> [inaudible]. jon: sorry for the irter are up shuns. there is nothing fox can do about this video and audio feed from the courtroom. the court as own rules required it be fed under this fairly, by broadcast standards, fairly simplistic system which the camera
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signal is fed through a cell phone and cell phones sometimes have trouble transmitting this much data. now, let's listen in. >> [inaudible]. >> okay. the people -- [inaudible] >> your honor, --. jon: once again, there's, we're getting broken audio feeds from the courtroom and i hate to interrupt. it is never possible to know when we'll hear court audio and when we will not but i will try to keep my comments to a minimum. there is a video freeze frame of the suspect, james holmes. holmes showing that dyed reddish orange hair so many officers have been talking about.
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the video is being recorded in the courtroom and it will be available for replay. so at some point during the day, after the camera crew is available to leave the courtroom and feed this video back, there will be a replay of everything that is happening now live. but once again, just let me explain, there is one camera in the courtroom under the courthouse rules. that camera is feeding video and auto -- audio through a cell phone and that cell phone signal is then transmitting these pictures and the audio to the rest of us outside. all of the broadcast media outlets are affected by this same situation. so you don't need to change the channel. it will be the same everywhere. because of the cell phone can only pack a limited amount of information, you're getting this kind of interruption. the feed seems to be a bit better now. let me listen in. >> i think that we're not really at that stage yet but
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we are filing -- [inaudible] >> is there anything else? jon: there again, you get the freeze frame because the video just, the camera can not transmit as much video as it is trying to transmit. part of the problem, as we understand it is that the cell signals can get crowded, if you have ever been in a place where something big is happening and he have one wants to use their cell phones the circuits get jammed. well, as you can imagine there are a lot of cell phones in use right outside, well, right outside this courthouse, courtroom, and the more signals that are in the air the more jammed up the system gets. the pipeline just can't take that much data and that is why this signal keeps breaking up and freezing the way it does. but it appears now to be over. james homes being escorted back to the arapaho county
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jail in that burgundy jumpsuit topped by that bizarre looking orangish hair we've heard so much about. certainly not his natural color. let's talk what happened with william buckley. a long-time serving deputy district attorney in denver. he has tried many death penalty case, i guess 50 or so. >> 50 murder cases. two death penalty cases. >> 50 hurt cases. thanks for that clarification and knows victims rights law backwards and forwards here in colorado. so we heard him read his rights. has he been officially charged now? we only heard charge of one, first-degree murder? >> no, he has not been clarked. this was a first advisement under rule 5 of the rules of criminal procedure. the judge has to advise him of certain rights which include his right to remain silent, his right to have counsel, his right to plead not guilty and have a jury trial, so on and so forth. and then there's also a
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mandatory restraining order issued in every crime like this for him to not contact any of the victims or their families, et cetera. jon: yeah. that wouldn't be happening from jail i'm sure. >> right. but actual filing of charges are to be next monday. jon: all right. we're going to have more with william buckley. he has some interesting things to say about courtroom capacity and the rights of victims in this case. that's coming up after a short break.
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down here, folks measure commitment
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by what's getting done. the twenty billion doars bp committed has helped fund economic and environmental recovery. long-term, bp's made a five hundred million dollar commitment to support scientists studying the environment. and the gulf is open for business - the beaches are beautiful, the seafood is delicious. last year, many areas even reported record tourism seasons. the progress continues... but that doesn't mean our job is done. we're still committed to seeing this through. jon: a fox news alert. once again live from aurora, colorado. you see the microphones there outside the arapaho county courthouse. we're awaiting a news conference from some of the members of the proscution team. whether the public defenders will also speak we do not know but we expect the prosecutors will step up to those microphones shortly and give us whatever information they can about the charges agains james holmes, the suspect in the
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theater massacre. once again back to william buckley, the retired chief deputy district attorney in denver. you helped write the statute that says victims have rights to be in the courtroom and present at every step of this proceeding. there are an awful lot of victims there. where are they going to get the space if all of them will be in the courtroom? >> that will be a real logistical problem. the constitutional amendment in colorado, i was on the committee that wrote it, that victims have a right to be notified of, to be present at and to be heard where relevant at all critical stages of the prosecution. and when you think that you've got the families of 12 victims who have lost their lives, plus all of these other victims who have been injured, those courtrooms in arapaho county are pretty small. i would suggest they probably could seat 100 people. so it could well be those seats will be taken by those family members and not much room left for anybody else.
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jon: all right, william buckley the retired chief deputy district attorney in denver. we thank you for coming in today and sharing your expertise. >> glad to help. jon: we have just seen the suspect make his first court appearance. no doubt the first of many more. we are also awaiting that news conference that i told you about. we expect the attorneys to be stepping up to those microphones shortly. and there it is, with his eyes rolling, his head rolling sometimes, james holmes makes his first appearance in court. t
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jenna: now this fox news alert. we're awaiting a news conference with the district attorneys, those in charge of the case against the man on your screen there, alleged murderer james holmes who just made his first court appearance. greta van susteren was
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inside the courtroom and ran out to give us your impression, greta, of what we just saw. what are your thoughts? >> well he walked into the courtroom of course. all of us saw what looked like a rather freakish appearance, hair not so much dyed red but spray-painted red. he was dressed in the typical jail garb, maroon top and red bottom. he looked like an accused person. what is interesting he was not seated next to defense counsel and defense table, put in the jury box. a public defender, seating next to him. i suspect to keep him far away from the victim's family members in the courtroom. what was interesting at least as far as from perspective how little he interacted which is his lawyers and public defender. main public defender sitting at counsel table had virtually no contact. public defender sitting next to him had virtually no contact.
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is he well-coached not to interact or is that distanced from his lawyers? remember he has to cooperate with his lawyers in order for them to effectively represent them. we don't know if there is any question of competency, which means he will be able to stand trial or to raise an insanity defense. he looked bizarre for those of us in the courtroom. this is very predictable. he has no bond. he is going absolutely nowhere. formal charges will be filed by the prosecutor monday a week from now. at that time we'll find out exactly what is charged. i think it is interesting to note, if the prosecutor files one or two charges or whether she files all the charges. when they do the formal filing this will proceed to a preliminary hearing. at a preliminary hearing the prosecution has to put on its case and the defense will get a good idea what the prosecution's case locked witnesses into testimony and if the prosecutor is smart, she won't file all of them at that particular time because she doesn't want to preview her entire case to the defense and tip off the defense. what happened today was
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completely routine. no bond, no communication from him at all. he was told of his rights. there was some housekeeping matters done. the next week monday, july 30th, when formal charges are filed. back to you. jenna: get tax real quick we're expected to hear from the prosecution, from that team. do we know anything about the defense team that is, you know, is sitting with him who we saw sitting with him today? >> these are experienced public defenders. i do know that. let me tell you a little bit about the prosecutor which is interesting i learned here. she is term-limited. she is out in november. she will make the initial decision whether or not to seek the death penalty in this case. new prosecutor comes in to replace her will take over. i assume, i don't know this to be a death penalty case but the new prosecutor will have a chance to review that and any other aspect of the case. she is only the prosecutor from now until november. i don't know the length of the docket whether trial is to occur before november or not. there is lot of chatter on the ground from lawyers what extent the current
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prosecutor you hear from the press conference how much she will play in the role of this prosecution because she is out come november. jenna: get tax real quick here, we had a little bit of an interruption when we saw the feed from inside the courtroom but you could see according to the feed we got of the video holmes sitting there and sometimes would have his eyes wide open. sometimes he would be blinking very quickly. because of that interruption i wanted to ask you your impressions how he actually looked sitting there and what his facial features actually were? >> well, i don't know, i didn't have that view to see the eyes blinking because we're limited inside the courtroom. what i could see was, it was almost no interaction with his lawyer. almost no response to anything. very distant from what was going on is my impression of it. what struck me is not communication with the lawyer. most defendants have some sort of communication with their lawyers. that could be because the lawyers want to totally put the lid on him and he is taking direction very well not to show any emotion. basically not to talk to them. not to have any involvement
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and send any messages we'll run with and think mean something. or it means that this man is very distant from his lawyers, not even communicating with them very effectively. remember they just met him. these lawyers have extraordinary task of trying to get him to trust them. i'm sure that he sees them as strangers, part of the system and their job is sort of unique one because they have, look these lawyers hate the crime. don't make any mistake about it. they have a job to represent him effectively. the constitution demands it. they have to gain his trust in then. i thought it was interesting there was very little communication, no communication between the defendant and his lawyers in the courtroom. jenna: some important insight for us. greta. thank you very much. we appreciate it. greta will be reporting from colorado throughout the day today and back to jon in aurora. jon: we are awaiting that news conference, jenna the prosecution team effected to -- expected to emerge from the courthouse any moment now and walk up to the bank of microphones outside the arapaho county
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courthouse. so many questions how they will proceed with the case against james holmes. we may get some answers for you after this and affordable o. you get quality services on your terms, with total customer support, backed by a 100% satisfaction guarantee. so go to today and see for yourself.
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jon: a fox news alert, carol chambers is the district attorney in arapaho county, colorado. we are now hearing there her and the prosecution team as to the case against james holmes. let's listen in. >> provide information to we have hundreds of victims, as you may guess, in this case. and one of the ways we want to provide them information is through the media as much as we can. some of them went back to ohio or are going back to ohio today or other parts of the country and even other parts of the world, so we want to make sure that we can provide them information in a variety of ways, including through the press if that's acceptable. you saw what happened today in court. there was what's called a rule five advisement where the judge, basically, told the defendant what constitutional rights he
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can expect to have in this case. you heard the judge say that there was a probable cause determination in colorado. we do an initial probable cause determination to make sure that there's kind of an overview of the evidence so that the court knows that there's enough evidence to continue to hold the defendant. the defendant is being held without bond at this point in time. eventually, there will be a preliminary hearing and a proof evidence presumption grant hearing, and we will ask the court to continue holding him without bond. so are there any questions? >> do you, do you -- [inaudible conversations] >> and i was struck by the fact that he had no emotion, did not follow what was going on. i don't think i ever saw his head turn with conversations. is he on a medication or something? is he aware?
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can you tell us something that would effect the nature -- [inaudible] >> we would have no information about that. that is not something that would be shared with us. >> as a, as the district attorney here and a longtime prosecutor, from the outset does this seem as though it is a slam dunk case? given the evidence you've amassed so far? >> can i would say there's no such thing as a slam dunk case. it is a case where we will -- we're still looking at the enormous amount of evidence, and we would never presume that it would be slam dunk. we will work very hard on this case to, um, prosecute it just like we would any other case. [inaudible conversations] >> arrested on? >> [inaudible] if it was your decision, would this be a death penalty case? >> i don't think that's a case that can be made in the abstract. there's so much that victims have to take into account, and victims will be impacted by that decision in an enormous way for
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years if the death penalty is sought. that's a very long process that impacts their lives for years. and so they will want to have and we will want to get their input before we make any kind of a decision on that. >> how much of a say do the victims get? >> [inaudible] was arrested on, what if that charge was -- >> well, he was not arraigned today. this was simply the first appearance. the arraignment comes much further down the line. the charges on which the court found probable cause included first-degree murder. >> could federal law be applied to, could federal law be applied to this case? could there, ultimately, also be a federal trial? >> theoretically, that's -- there are ways that that could happen, but that's very speculative. >> ms. chambers, do you anticipate an insanity defense? >> i don't know that we're anticipating anything right now. i think we have to really look more at what information we're being given and sort it all out and then make some decisions. >> are special concessions being
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made to protect his safety in jail? >> that's my understanding, that he is being held in isolation. >> [inaudible] what was your reaction? >> it was my first time seeing him, and, um, it is important that we treat him as we would treat any other defendant coming into the criminal justice system. >> at one point i know that you said you want to talk to, um, the victims before you can determine whether or not to seek the death penalty, but can you give us an idea of where in the process that comes and what we should be looking for? >> it comes, the death penalty decision has to be made within 60 days of the arraignment, so it is months down the line still. but we will, over the course of those months, be talking with all of the victims, developing relationships so that we know who they are and who they can talk to, and that will take some time in this case. [inaudible conversations] >> a number of high-profile cases in this county -- >> we are managing all these victims with as many, um, victim advocates as we can get. we are using victim advocates from other offices, we're using pios from different offices
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just so each family has somebody else that they can rely on. but we also have a place on our web site. our web site is, and people can go to that web site and let us know what their e-mail address is, and we can send out mass e-mail alerts to this group of victims if they want to do that. [inaudible conversations] >> high-profile cases in this district. tell us where this one ranks for you and your staff. >> i don't know if we rank cases. you know, they are all important to us, and we want to give each and every victim the attention and each and every case the attention and resources that it needs. >> how many charges do you expect to file? >> i think that's unknown at this point in time. there is the potential for many, but we haven't made those decisions yet. [inaudible conversations] >> we don't know that yet. >> how long of a life span will this case have? >> that is so unpredictable. i would have no idea. >> would you consider domestic terrorism charges? >> that would not be something
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that we would normally consider in state prosecution. >> [inaudible] the mood is not to go forward with the death penalty, do you have discretion -- [inaudible] or are you bound in some way to -- >> it will, ultimately, be the decision of the prosecutors on the case. >> [inaudible] >> that's nothing -- we don't have a lot of information on that and nothing we could issue if we did. does anybody else on the team have anything they want to say? >> how long until you expect this to go to trial? >> that is also very unpredictable. it's going to depend on the number of motions, the availability of the court. it will -- nothing in the court system moves all that quickly, and so -- >> so months, years? >> at least a year, i would say. >> what sort of information are you still trying to figure out? obviously, you learned quite a lot in the first couple days.
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where from now, what are the questions that you still have that you're trying to get answers to? >> well, it's still a very active, ongoing investigation. we're stildoing subpoenas, search warrants, and so i don't -- we're still looking at this case from every angle, following up on information that the media has obtained that would be of interest to the officers. so we're still very much partnered with the aurora police department on finding information. >> [inaudible] >> we certainly know that that will be an issue that will be brought up to the court. >> the jump suit that we saw him in today, is that the standard color that a suspect or an inmate wears in the county jail here? >> i would refer that to the sheriff's department. i don't know how they dress people. [inaudible conversations] >> yes. there are different ways that someone can commit first-degree murder.
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one of those ways, for example, is after deliberation. but another way is extreme indifference. and they just are two different ways. and so somebody can, based on the conduct involved, can commit both of those offenses. >> the suspect's family is cooperating with the investigation -- >> i have no information about that. [inaudible conversations] >> there's no specific deadline in the rules of when we can file charges. in this jurisdiction it's traditionally after 72 hours, but there can be special circumstances when we ask for longer, and this is clearly one of those cases. so the filing of charges is set for next monday morning. >> [inaudible] >> next monday morning at 8:30? 9:30. >> will the defendant be there for that? >> that would have to be directed at the defense attorney. >> that's the preliminary hearing? >> no. the next hearing is filing of charges, and that's where we give the defendant, the defense
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attorneys the actual charges that the defense -- defendant will be facing. >> because there will be so many charges -- >> you believe it's the victims' right -- [inaudible] because of everything unfolding here? >> i don't think it's the victims' right. i'm sure it's their preference to have it close to home where it's most convenient for them, but all considerations will be weighed by the court. >> how long do you think you will be amending charges, adding, removing, that sort of thing? >> well, we're trying to get it right the first time. but as we will be continuing to get more information n a case like this, the investigation doesn't stop. it will continue up to trial. and so as we find more information, we want to make sure we've got the right charges. so i couldn't predict that, but it's certainly something we're willing to do if necessary. so maybe one more question. >> what are the challenges -- >> can i ask one more question, please? i know we've been in court and watched the proceedings, but considering the nature of what has unfolded --
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[inaudible] what is the mood -- [inaudible] >> our team is, it's just a difficult type of case to be involved in. and i think everybody is, just has been working like the police. they've been working all weekend to get done what needs to be done. i'm not sure they've stopped to consider how it's impacting them yet at this point. i think we want to get everything we can as quickly as we can. if there's anybody out there who knows anything about this who hasn't talked to police yet, please, contact with aurora police department or contact us, and we'll get you in touch with the right people. thank you. jon: that's carol chambers, the district attorney in arapaho, colorado, who is making the critical decisions that will steer the prosecution of james holmes at least in the early stages. you might have heard it mentioned, she is term limited. her term as district attorney ends in november when she will
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be replaced, and so she will make the decisions that steer this case in the early going, but it is, as you heard, almost impossible that the suspect, james holmes, will be facing charges in court, that is that his trial will actually start this year. we will see what happens as this case moves along, but it's going to be very complicated as you heard there, and it's going to take some time. in the meantime, i just wanted to share with you some information that i learned from a source last night who was one of the first responders inside the theater on the night of the shooting, and the point that this source stressed to me was that as bad as this event was, it could have been so much worse. i was told that, in fact, the shooter did toss tear gas grenades inside the theater. there's been some speculation they were smoke or pepper, something like that. i was told that they were, in
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fact, tear gas. the shooter fired his shotgun first and then transitioned to the other weaponry that was on him, including this smith and wesson m and p p 223 caliber rie that's similar tthe ar15 assault rifle. he was using, i am told, i am told armor-piercing rounds. and those are the rounds that went through the wall of the theater. also used another handgun that was on him, a.40-caliber glock. fired some shots, but did not empty the clip. so the fact that the suspect's semiautomatic assault rifle jammed certainly saved a lot of lives, i am told. craig silverman is a former deputy district attorney, do i have that right? and an expert in colorado law and knows a lot about the way this case will proceed. what we heard this morning was
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just the reading of rights to the suspect, and he didn't even say a word. his defense team, essentially, spoke for him said, yes, he's aware of his rights. >> right. but we did get a look at him. we got a look at his defense team, the colorado state public defenders. they are very formidable, and they really work hard and have great resources. if this is a death penalty case, you can bet that everybody is anticipating that, i thought he looked sad and contemplative of the situation. and as you describe the horror of what went down in the theater, and we know that he apparently told the cops about the booby traps. did he have a vision of, a, this is going to be cool, this is going to be fun and then realized in the aftermath, hey, this isn't the greatest thing, and he's sort of reflected that in the court today. he didn't seem like a crazy man. he seemed appropriately sad, and i think it was a good day for the prosecution that has to rebut an insanity defense
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because he did seem to understand ha that what he had done was -- that what he had done was wrong. jon: we have a lot more questions for you, craig. we're going to take a brief break and come live with more from aurora and colorado where the prosecution of james holmes is just getting underway. [ male announcer ] don't miss red lobster's four course seafood feast choose your soup salad entrée pls dessert! all just $14.99. come into red lobster and sea food differentl visit now for an exclusive $10 coupon. good through august 5th your doctor will say get smart about your weight. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. [ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes.
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jon: formal charges will not be filed until next monday, but james holmes can expect to face 12 counts of first-degree murder along with additional counts of aggravated assault and weapons violations. prosecutors are considering, they say, the death penalty. craig silverman was chief deputy district attorney for denver, he is now a criminal defense attorney and joins us now. so much of this case is yet to be built. they're still sifting through evidence. i suppose in a way it's helpful for the prosecution that the formal filing of charges is still several days away. >> right.
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it's going to be an amazing number of charges. but this is not a who dun it, the it's a why did he do it. and the death penalty is the issue and whether he was insane or not. it's not going to be an identification case. jon: you know, you say you think he looks sad. i think he looks bizarre in these courtroom appearances. he's bug-eyed, and he kind of rolls his eyes and drops his head. maybe it's an act, but he looks strange. >> i would say this, having seen a lot of defendants walk into courtrooms, there are people who look crazy. you don't have to be in a courtroom, you see it on the street. he does look strange, but he wasn't acting like a madman or like the joker, anything like that. it's tough to read into a person's mind, but you have to consider how he acted before and after and whether he's just an evil person or did he suffer from a disease or defect that rendered him incapable of
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distinguishing right from wrong. jon: carol chambers has said she is willing to look at the death penalty, and all likelihood i would expect, you know, being from colorado and knowing the state, i would expect this will become a death penalty case. but what happens? i mean, we mentioned she's out of office in november. >> right. jon: what happens if the prosecutor elected to replace her doesn't want to pursue the course that she has set? >> well, then they will have the power. it will either be george brockford, the republican who's just won a primary, or ethan feldman, a democrat. the election takes place at the same time the presidential election. i would expect that if carol chambers announces they're going for the death penalty, i doubt they would just say i'm against the death penalty because that would not be popular in that jurisdiction. but there's always the possibility of a plea bargain. you heard carol chambers say we have to talk to all the victims, and you definitely have to take their feelings into consideration. but here where you literally
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have hundreds of victims when you include family members, you can expect that they will be as divided about the death penalty as the general public. there isn't going to be unanimity. so i think it's going to come down to carol chambers. she'll listen to the victims, but ultimately she'll make the call, and i think you're right, she'll seek the death penalty. after all, if you don't seek it here, why do you even have the statute on the books in colorado? jon: yeah. there are three people currently sitting on death row in colorado, we should mention. um, all right. so he's going to be back in court on monday. will that be the same kind of thing, a fairly per funlt ri event? >> absolutely. unless they read all the charges. that could take a long time. but the defense attorney could waive the formal reading, and then they'll probably send him to the doctors to have evaluations. he has the right to a preliminary hearing within 30 days, but he'll ask for an extension. he realizes he's not going anywhere. he's going to be in custody probably for the rest of his
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life. jon: craig silverman, former chief deputy district attorney and now in private practice. jenna: we're going to hear from one of the victims just ahead, an iraq war veteran hurt in the shooting. she was in the theater with one of her friends. she's going to tell us her story coming up next. plus, the disturbing new images of the man suspected of mass murder. more analysis of the brand new video and new details on this case next. [ male announcer ] research suggests the health of our cells plays a key role
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jon: just moments ago the man accused of mass murder in colorado appeared in court for the first time. now as people here hold vigils to honor the people lost and a community tries to begin to heal from this horror, what can we as
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a nation do to help? let's talk about it with chris hill, senior pastor of potters house church of denver. several members of his congregation were in the theater at the time of the shooting, and the nephew of a church elder was actually shot in this case. how's he doing? >> he's doing well. we're so thankful that he surviveed. we're reeling, our whole community is in mourning right now, we're in prayer and just huddling around the families of the victims and the families of the survivors that are going through the same hurt and asking hard questions right now. jon: as a man of god, i know that you have the same anger and rage and questions and everything else that all of the rest of us do about why something like this happens. >> well, one of the things that as a person of faith we have an anchor that we can hold on to when we go through these things. david said in the scriptures, yea, though i walk through the valley of the shadow of death, embedded in our faith is a bedrock that when we walk through trouble, we still believe god is with us, and
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that's what we're holding on to right now. jon: and you've got that example from within your own church family of a young man who was shot and was heroic, saving others, trying to -- >> yeah, he threw himself in front of the gunman to protect somebody else. i mean, that's the christian message. jon: greater love hath no man than this. >> you've got it. you're preaching now. [laughter] we're excited for him, but here huddling around because in times like this we've got to pray, we've got to get together, we've got to unite as a community. it's the only way to get through the pain. jon what did you tell your congregation about the evil thing that happened here? >> well, that was the privilege of the pastors. we get to stand with people in tragedy, we get to walk them through it. so we started talking about the anger and the shock. i'm a pastor, but i was mad as a hatter too. my god, i have 5,000 members, and can to have to bury any of my members over this -- jon: and -- >> would have been too much. jon: and you had a couple of other members who were in the
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theater. >> yes. and that would have been so -- children. this is a theater i bring my son to. my sons, we go here. we live in this community. so dealing with that shock and that anger and then crying out to god for healing not only for our families that are affected, but for our community and for this whole nation. jon: chris hill from the potters house church of denver, thank you for coming in. >> my privilege. thank you so much. jenna: nice to hear from the pastor and his thoughts on this. also "happening now," lawyers are preparing their case against the alleged murderer. many analysts are speculating the the death penalty could be in play. we decided to take a closer look at what the death penalty looks like in colorado. rick, do you have more? >> reporter: we just heard from the da it'll be at least a month, maybe longer on whether to pursue the death penalty here, so we are admittedly jumping ahead a little bit. but if james holmes winds up being convicted convicted and so death in colorado, he'll take a spot on what is essentially a very short death row. according to the colorado department of corrections, there
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are currently only three other people waiting to be executed in the state. the death sentence reinstated there back in 1984, and since that time only one person has been executed, and that was back in 1997. the state's death row is not an actual series of cells lumped together, instead inmates who are sentenced to die are placed in what's called administrative segregation which is the most secure custody level for inmates. they're held at the sterling correctional facility in sterling, colorado. and real quick if you're wondering how long between sentencing and execution for death row inmates, the national average in 2010 was 14 years and 10 months. so even if and when holmes takes his place on death row, he's likely to be there for quite some time. back to you. jenna: some interesting context for us today, rick. thank you very much for that. you know, it took the better part of two days, but once officers finally got inside james holmes' apartment, they discovered the full extent of what has been described as a death trap. we're going to tell you what they found and the risk to the
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community as well coming up. plus, senator john mccain is going to join us. he's going to weigh in on the colorado shooting, he's going to talk a little bit about the presidential election and also talk to us about one of our other top stories today, syria. of he joins us live from washington coming up. a party?
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bomb squad spent the better part of two days dismantling booby traps. he rigged his place with 10-gallons of gasoline and numerous trip wires before opening fire inside a crowded movie theater on friday morning. david katz is the founder and ceo of global security group and a former dea agent. i was speaking, david, with some of the first responders who were at the movie theater on friday night. they said their belief is that holmes actually, or the suspect here, actually intended for the apartment to go up first, that there would be this huge con fil confilgration, that all the police would go there, he would open fire in the theater afterwards, there would be a huge distraction first. is that a typical mo for people who want to do this type of thing.
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>> usually you associate these acts of psychosis with far less planning and preparation. that is a very interesting theory. he had a timer that set the music to go on around the same time that he was at the theater. i've heard it suggested that maybe the timer in addition to turning the music on was the detonation device. he did have tripwire. it seems there is also the possibility that the intent was either to get a police response to the apartment, based on a noise complaint, in which case apparently the door was open, turn the door, push yourself in, then you have an explosion and fire, which you're exactly right could have brought the entire building aflame, or after the incident you know -- he would certainly suspect that they are going to do a search warrant on his hoerpblgs there ar home, there will be police going into residence in any case. the interesting thing is why did he actually tell them that the apartment was rigged? that is the question that i can't come to an answer b.
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jon: yeah, i was told that he seemed surprised when the officers were there so quickly, that, you know, they were there within a couple of minutes after the shooting started. his gun had jammed. he had gone back out into the parking lot. maybe he was going to grab the other pistol that he had in the car beings or who knows what, but he seemed surprised when officers were on top of him just that quickly. >> yeah, you know, this is a man, he is certainly evil, he may be psychotic but he certainly was prepared. it's worth noting that the armor he was wearing is level 3 at least, which means the ammunition carried by the law enforcement responding officers, handgun ammunition is not going through that armor. conversely, had his rifle not jammed the 223 rounds will easily defeat soft body armor worn by police officers, so he was prepared or at least capable of fighting the police. i guess perhaps maybe the jamming of the weapon threw him off his game, or he was -- the coward that he was he couldn't
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face people that could fight back, whatever the reason was he seemed to go quite meekly in the end. jon: let's talk about the chemicals that westbound order were ordered and so forth. we don't know everything that was there but it was pretty sophisticated stuff. do you see anyway that any of this could have been prevented or was all of this the work of an evil genius taking advantage of the freedoms that we enjoy in america. >> unfortunately there is no shortage of way to kill people. you can use common household cleaners, you can use industrial chemicals and they can become incredibly lethal in the right hands. he had the knowledge and wherewithal to put them in combination and make them an effective well. he had 10 gallons of gasoline which we know is a flame accelerate. as far as tracking what he was buying, probably not a way to stop that. what i would suggest is, people like this always raise red flags. as the investigation continues
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it's almost -- it's almost a guarantee that someone is going to say, this guy was off. there were some behaviors that were noted by his friends or casual acquaintances that might very well have indicated this guy is a problem. that's what we need to focus on. if you're out there and you see a person who, i don't know, from whatever behavior they exhibit indicates that they might be a danger like this. you need to make someone aware of that. when we buy weapons there is a criminal background check. on that form they ask you if you have any history of mental illness or treatment. all you need to do is check no and there is no mechanism to verify whether that is in fact true. maybe it's time that somehow we can check that. jon: yeah. david katz from global security group. david, thank you. >> thank you for having me. jon: not far from where i'm sitting right now, 12 homemade crosses stand just feet from the colorado movie theatre, the impromptu memorial is a gathering place now for victims' loved ones and people from all
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over the country who are just looking for a place to grieve. >> i love you guys. love you. i'm so sorry. jon: it is a gathering place for the grieving, a repository for their tears, 12 stark white crosses marked with the names of the dead, embellished with icon, signatures, flowers and candles. >> we want to say that we love you. we all loved them. you're in our prayers. we love you. thank you for coming out again. we love you, thank you so much. >> she is here to born the death of her niece, a 6-year-old, the youngest victim of this horrible crime. >> that's my baby. >> and so as if to shutout the hate they wrap her in love. total strangers coming together to pray, to cry, to hug and hold one another, to and to prove
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the good in this world will overcome the evil. the gentleman who made those crosses brought them here all the way from illinois. he had made 15 crosses for the victims of the columbine shooting. when he heard about this event he made more and brought them here. the hope is that there will not need to be any more built. several of the victims still hospitalized remain in very critical condition. we'll be right back.
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jenna: "happening now" the country getting its first look at the man accused of mass murder in colorado. his name james holmes. he was sitting silently in court as he was being informed of his rights. the district attorney says she will consider the death penalty in this case although we are a little ways out from that. jon scott is live in aurora, colorado where he has been for the last couple of days reporting live from the scene of the crime, jon, really.
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jon: yeah it's still a crime scene behind me, jenna. originally authorities said that they were going to let the defense attorneys go through the theater tomorrow, and then after that at some point probably on wednesday the theater would be released back to its owners for whatever future use they have intended. you have to wonder about that. at any rate, now it appears that it will be tied up and ringed by that yellow crime scene tape perhaps for another week. so much sadness here, this community is still struggling with the whys of it all. let's hope that somewhere down the line from james holmes, or his attorneys, or somebody, we find out what was the motive here, because it is absolutely senseless, it is awful, and it is heartbreaking. colorado is starting the business of trying to heal, but that is never going to be obviously complete in a case like this. they've built that memorial across the street, a temporary memorial on a vacant piece of
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land that is for sale. how long that will remain up, it is growing by the minute, really with people bringing more flowers. you can see a bronco's cap there. flowers and candles, all kinds of things. and then this morning there were the families streaming into court, many of them with tears streaming down their faces as they saw for the first time the man who is accused of causing so much mayhem, so much tragedy, so much sadness in this community. colorado has a long way to go, but, you know, the state is working hard to make sure that this kind of thing doesn't happen again, and more immediately to take care of those people who have been so badly hurt by this massacre. jenna. jenna: we can't forget that many of those victims still going through surgery, still getting treatment today as we speak and fighting for their lives at this time as well. jon, back to jon in colorado as we continue our coverage live from there. we want to tell you a little bit
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about this other legal story we are keeping an eye on. justice long delay is apparently getting underway. after eight years the murder trial of drew petersen is underway today, he's accused of killing his third wife in 2004 and is also the main suspect in the disappearance of his fourth wife. rick has more on this. rick. >> this trial finally getting underway about eight and a half years after petersen's third wife was found dead in a bathtub inside her home. she had accused her husband of abusing her during her marriage. she had written a letter to the local prosecutors detailing the abuse perhaps not going straight to the police because her husband served on the police force. the couple separate ned 2002 separated in 2002. on leap night february 29th 2004 he claims he took his two sons to the local aquarium in chicago, they lived outside of the city. when he went to drop them off later in the day his estranged wife didn't answer the door, it was locked. the next day petersen had a locksmith open the door to the
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house and her body was found in the bathtub. the case was closed until peter son's fourth wife, stacey went missing in 2007, and that's when investigators reopened the case and new autopsies were performed, one by michael baden, and the findings concluded that she had been involved in a struggle before her death, one that left her with a laceration on the back of her head as well as other cuts and bruises all over her body. now in may of 2009 drew petersen was arrested for the murder of kathleen savio, held on $20 million bail, an has not been charged in the disappearance of stacy peterson, a case that is still active. opening statements in the trial, jenna, are scheduled for next week. jury selection begins today. back to you. jenna: something to keep an eye on, rick. thank you. jon. jon: we have seen video of him now, jenna, the man accused of murder in the colorado movie massacre appearing in court for
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the first time, and coming up we will hear from a u.s. senator with all too much experience in dealing with tragedies like this. ahead, thoughts from arizona senator john mccain. [ kate ] most women may not be properly absorbing the calcium they take because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. that's why my doctor recommends citracal maximum. it's all about absorption. or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.
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jenna: joining us with his reaction to a few of our top stories today, including the shooting in colorado is senator john mccain of arizona. he is joining us on the phone. senator, we talk a lot about different political topics, you and i, i always enjoy our conversations. i'd like to just get your thoughts, not only as a lawmaker but as a father, as a military man, you know, what is your reaction to what happened in colorado? oh, unfortunately it looks like we lost senator mccain. we were trying to work with him over the phone because he was
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supposed to be joining us in person. i don't know if we'll be be able to get him back. one of the things we wanted to talk to senator mccain about is not only what happened in colorado but what is happening in syria. there are serious threats coming from the foreign minister inside of syria at this time that there is an acknowledgment that they have chemical weapons, that they won't use those chemical weapons on their own people unless there is foreign intervention. we'll be talking a little bit more about that story throughout the week, that is going to be one of our big stories and we wanted to get senator mccain's thoughts on that. if we can get him back on the phone we will have that, hopefully he can join us as well in person later o later on this week. we'll take a quick break, see if we can get things happening technically, and we'll be right back with more "happening now." [ donovan ] i hit a wall.
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and i thought "i can't do this, it's just too hard." then there was a moment. when i decided to find a way to keep going. go for olympic gold and go to college too. [ male announcer ] every day we help students earn their bachelor's or master's degree for tomorrow's careers. this is your moment. let nothing stand in your way. devry university, proud to support the education of our u.s. olympic team. ...more talk on social security... ...but washington isn't talking to the american people. [ female announcer ] when it comes to the future of medicare and social security, you've earned the right to know. ♪ what does it mean for you and your family? [ female announcer ] you've earned the facts.
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♪ washington may not like straight talk, but i do. [ female announcer ] and you've earned a say. get the facts and make your voice heard on medicare and social security at jenna: we thought he was going to be on the phone. then we thought over email or telegram. senator m mccain is actually live in person. we have about five minutes left in this show. we are going to make it worth it
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for everybody involved. thank you for your time today. >> thank you, jenna. i'm sorry i was late i. was at walter reed i apologize. jenna: it happens, it really does. i'd like to start with the story in colorado. i'd like to get your impression. what are the american people supposed to make of this incident? what is your take away from it? >> my take away is that there are very sick people in the united states and i wish there was a way that we could have more early detection when people engage in aberrational behavior, and yet we still have rights of privacy that are constitutional rights. it's a terrible problem. it is spread to places like norway, you know, where that assassin -- by the way in a country that has very strict gun control laws -- was able to slaughter so many people. i wish i could give you a real goodie financ good definitive answer as to how to answer this. i guess it's going to do with,
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frankly, keeping an eye on things as much as we can. i can't give you a good answer, jenna. jenna: i think everyone is looking for some sort of answer right now. that's why we wanted to get your impressions of it before and maybe if we don't at all get into the political discussions because that's not where we want to go today. i do want to ask you politically, though something else about another big story and that is syria. you've called what is happening in syria a failure of american leadership. i'm wondering today if we could do one thing to change that, specifically, what could we do today? >> we could declare a buffer zone, a safe zone, no-fly zone on the turkish/syrian border. allow them to organize and equip and we send in weapons as they are coming in from some other arab countries and bring this slaughter and massacre to a stop. because of our foreign policy we have a danger of chemical weapons being transported to hezbollah, bashar al-assad has threatened to use those chemical weapons.
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the situation has worsened. 17,000 at least syrians have been mass occurred and the united states has stood by doing nothing and it's disgraceful and shameful, and the fact that the president of the united states won't even speak -p for these people, much less do anything shows that the president does not believe in american exceptionalism and doesn't want american to lead. i believe mitt romney does. jenna: we are getting what some are calling a threat from syria today. the foreign minister saying, yes they do have chemical weapons. no they will not use them against their own people, however, if there is some sort of foreign intervention then that's when those weapons will be used. he didn't say specifically on the people there, but that was his threat. what do you make of that comment? how does that change, if at all, our strategy that you mapped out. >> well i think it is a sign of desperation. i don't think there is any doubt bashar al-assad will fall, the question is is how terrible the
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situation will be and how difficult it will be to repair after he does. for example, there's threats to the christians, the alloites are also under threat, there is now foreign fighters and jihaddists and possibly al-qaida coming into the fight, all of this because of the unconscionable delay of us helping these people with what they need. meanwhile the russians are pouring in arms, iranians are on the ground and there are torture senters set up around syria by bashar al-assad. we went to boss knee a we went to kosovo, we went to other places, we helped out in libya, not enough, but helped out in libya, but yet this is an abdication of american leadership. we are now driven by whether the russians and the chinese will veto a resolution in the u.n. security council. it's not believable. jenna: i only have 30 seconds here. are you willing to put boots on the ground in syria? >> no, absolutely not, that would be counter productive. we need to supply weapons, arms,
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and help with the training, but absolutely not. american boots on the ground. other middle eastern countries are begging for american leadership which is missing in action. jenna: senator mccain thank you for the time today. nice to have you short as it is and we look forward to having you back. >> thank you very much. jenna: one of our big stories today we'll continue to watch is syria. also watching what happens in colorado. jon scott is currently on location where he will stay and continue his reporting from there throughout the day. jon. jon: jenna, as we confirmed with one of my sources last night, the gun that was primarily used by the shooter in this attack last night jammed during the attack. he apparently didn't know how to use that semi-automatic assault rifle, couldn't get it back operational. that may have spared an awful lot of lives here. it's just a terrible situation but the good people are colorado
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are doing what they can to come back. they are comforting the families and doing what they can to help the wounded. thank you for joining us. "america live" right now. moments in a colorado courtroom where for the first time we are seeing the man accused of turning a movie theater into a killing field. welcome to "america live," everyone, i'm megyn kelly. here he is, accused mass murderer james holmes, appearing before a judge in a colorado courtroom just a short time ago. holmes with his bright orange hair looked wide-eyed and unshaven, his head bobbing slightly, closing his eyes, almost looking like he was falling asleep at points, saying absolutely nothing. he is accused of murdering 12 people and injuring 58. some of those badly hurt left with permanent injuries, that much is clear already. alicia a acuna is live outside of the courthouse where this took place, as i say, about an
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hour plus ago. alicia? >> reporter: hi, megyn. james holmes will be back in court in about one week to be advised of the formal charges, first-degree murder, the judge told him, will likely be among those charges today. holmes was kept away from the rest of the people in the courtroom, making his appearance from the jury box, even separate from his own defense team. judge william sylvester advised holmes of his rights and when asked if he understood those rights, he did not answer. instead, his public defender did that. and then the judge addressed bond. >> the judge made a preliminary determination of probable cause to believe you committed the offense of first-degree murder which is a class i felony under colorado law. ordinarily, individuals are entitled to bail. given the nature of the charges, you are currently being held on a no-bond hold. >> reporter: a number of victims and their family members were in court today as well. one girl who was shot in the face and still has


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