the defendant is told what his rights are. and if charges have been filed what those charges are. thereafter, there is a preliminary hearing similar to california. and then the arraignment happens after the preliminary hearing. and ultimately a trial by jury. that's the process in colorado as i understand it. again, the family wants to reiterate that their hearts go out to the victims and their families. the holmes' family would like to maintain their privacy so we will not discuss james or their relationship to the family and we will respect courtesy in that regard. so, thank you for your time.

(inaudible). >> no. (inaudible). >> they doing as well as they can under the circumstances. (inaudible). >> we haven't been look at all the news reports so i cannot comment on that. (inaudible). >> i can't comment on that. criminal defense attorneys understand the system better than civil attorneys. (inaudible) all i'm sorry? (inaudible). >> throughout the process, all through the weekend when i was

getting calls and, also, after i saw the appearance. (inaudible). >> i really cannot comment on that. (inaudible) can you tell me what that was about? >> i have no comment on that. i have no comment of their whereabouts. i don't think they would like the media to know where they are. >> can you tell us their reaction when they first heard their son's name? >> i think the per's statement clarifies that a bit as to how they reacted. >> she says she didn't know ...

(inaudible). >> i thinken can imagine how they are feeling. anyone who has ever been a parent. >> possibly. possibly. possibly. (inaudible). >> not at this time. (inaudible) that's not exactly what she said and i think that was the interpretation that the media were give dog that statement that, somehow, she was like, well, i'm not surprised that this is the person and that's not what she was saying. >> can you elaborate on that? >> i am not going to comment on that.

i represent them. >> i understand that. >> i was referred to them by another lawyer. they enreferred to me by another lawyer. >> how long --. >> as i said as well as anyone could under the circumstances. (inaudible) that's her statement. she felt it was very important for everyone to understand the sequence of events and what he said, what she said. and not misconstrue the situation. >> what about the statements that have been made? >> we have not been keeping track of everyone's statements. there has been a lot to deal with. we are not aware of all the

statements so it is hard for me to comment. >> will they cooperate with criminal investigators after the statement on friday that they were, and are the investigations ongoing right now? >> nobody from the aurora police department has attempted to contact us for any purpose. so presently there is nobody asking for assistance. additionally, at that time there were other authorities here locally, who were -- who we were talking to. (inaudible). >> i believe it was his personal items. >> the f.b.i.

(inaudible). >> i don't understand that question. i don't know the prosecutor personally, no. i have done work in colorado but in federal system. >> how concerned is the family? >> we have been told that is highly likely that will happen. >> how concerned are you? >> everyone is concerned. >> who told you that --. (inaudible). >> from what i know about the laws in colorado, this is a death penalty case and obviously, it is going to be murder one. and, whether murder one charge, that's when someone can be facing the death penalty.

i am in communication with them, as well. >> are they concerned for their personal safety? i have concern for their safety. >> do they have concern for their safety? >> i'm sure. >> have they accepted the fact their son has been charged? all at this point in time no charges have been formally filed . (inaudible) all i'm sorry? (inaudible). >> i can't comment on that. (inaudible). >> seem sorry? (inaudible). >> not very closely. no. >> you said you are concerned for their state. has anything happened that gives

you reason to be concerned? i have had experience with indicates that have this much attention and through my personal experience in dealing with those cases in the past, that what causes me concern. >> can you comment about the many people who have ... do not communicate well and have issues ... (inaudible). >> i don't know what specific statements you are referring to so i can't comment on those. >> classmates --. >> and i am not going to comment, about the family's experience has been with james. not at this time. >> what was your answer? >> to what? (inaudible).

>> thank you for refreshing my memory on that question. i would say i am not sure what, specifically, the comments you are referring to because we have not been keeping up with everybody's statements so i cannot comment on those and the family has elected not to discuss james or their relationship with james at this time. (inaudible) . >> as i said at this point in time the investigation is

continuing. so, whether or not it's premeditation or it is not premeditation is left to the court system. i don't know what everybody has been saying and what interviews have been going on with the investigation. so, i think it is premature to make any comments about that when the investigation is still continuing. i cannot comment about james or the relationship between james and his family. (inaudible). >> i don't believe she said that in her statement that i read. i read the statement. if you would like i can read it again. but i'm not going to comment about how she was feeling at the time, at this time.

(inaudible). >> i cannot comment on that because i have not discussed that with them. >> do they stand by jim? >> yes, they do. he is their son. >> have you spoken with chris holmes? >> yes. i cannot say anymore. >> how many of the victims or their families --. (inaudible) >> i can't comment on that. >> james is being held there. i will not comment on the whereabouts of the family.

>> can you talk about the details of the relationship and whether james or has been estranged from his family. >> i will not comment about that. >> can you comment about his family's reaction about his appearance? his demeanor? what was their sentiment? >> you know at some point in time we might be able to discuss that but at this point in time i think the family would like their privacy respected and do not want to talk about that. the statement is to chair a statement made by abc media i was awaken by a call from a reporter from abc on july 20, about 5:45 a.m., and i did not know anything about a shooting in aurora at that time.

he asked if i was arlene holmes and if my son was james holmes who lives in aurora, colorado. i answered, "yes you have the right person." i was referring to myself. i asked him to tell me why he was calling and he told me about a shooting in aurora, and he asked if a comment and i told him i could not comment because i did not know that the person he was talking about was my son and i would need to find out. thanks very were. i will be accessible if anyone has any further questions but that's pretty much all i can comment on at the present time. (inaudible). >> i'm sorry? i have been asked to speak on behalf of the holmes family. i did not represent james holmes

. it was someone through their church. (inaudible). >> i cannot comment on that. yes. (inaudible). >> i cannot comment on that but the pastor i spoke with there, and it is amazing how much support they are getting from their church. it is a very good thing, i think. i will not comment on that now. at this point in time, they really want their privacy respected. that may change. but at this moment, in this

time, they don't want to talk about that. okay? >> thank you, everybody. >> all right i'm not saying that was 17 minutes that was a waste of time but we didn't find out any new. you are watching "your word." you just heard from. representative of james holmes' family. not james holmes. but the interesting nugget i got from that is that the lawyer was saying the family stands by james. he is their son. but that doesn't mean they legally stand by him. of course you may have heard earlier today that jam jam -- james holmes is being represented by a public defender and appeared in court earlier today and that immediately raised the issue, why are his parents not providing a lawyer. that will come out. it is just an interesting

development, just a side note, but a note, nevertheless. and now, what did you make that? >>guest: well, the whole situation from the perspective of the lawyer is interesting because vague. we don't know anything from what she just said. all we know his parents are aware that is their son in court. all we know is he has a public defender, not a defender or someone they will pay for so it may not be someone substituted or added to the team. later. >>neil: is this normal procedure for a family in event of a calamity like this to seek counsel? >>guest: in this situation probably receiving so much media inquiries and there could be other factors. the psychiatric situation. the psychiatric evaluation. he dropped out of school recently. there could be things they know that they don't know how to handle responding to and they don't want to interfere with his defense. >>neil: what they want to clarify, and i was messaged this

on friday by a reporter that the famous quote from arlene holmes who was asked by a reporter, is he the right person? and everyone went on that, he's the guy, you are right, it is my son that is the killer. that was the interpretation when, in fact, all she meant was, yes, this is james holmes, i'm his mother, you have the right person. that is the only news nugget from that. what do you think? >>guest: well, cleary she is going to separate herself from the intention of admitting that her son was the person who was the man in the theater who killed all the people. she wants to separate herself from that. no one wants to inapplicant their own child. in a situation that is legally has so. implication. he is going to face the death penalty. i don't think that is an issue. >>neil: so colorado has the death penalty, now, would she or the parents certainly would push for a different venue? >>guest: they can push all

they want, but, in colorado there is a death penalty. the act occurred there. and there are 17 aggravating factors to consider death penalty at murder i which is the intentional killing of someone. is the crime heinous? this is the biggest definition of a heinous crime. >>neil: no one from aurora, colorado, police department, if you believe this woman, have talked to the family. >>guest: i am not sure about that. i would have to say maybe the family didn't accept any calls. but i am sure calls have been put out to them. whether or not they responded yet or they seeking legal counsel before they respond and they have certain meetings with a lawyer presidents that, really sex where that comment went. >>neil: thank you, rebecca. so we have not learned were more. what you have scoffed this weekend that you know for yourself security is heightened at theaters and shopping malls and restaurants. should we get used to that?

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>>neil: after colorado americans may have to get used to in, movie theaters unpolice and security watch like shopping malls and football stadiums and amusement parks. disney. where they will check your bags. and while they are at it, you. and on your dime. at an added cost of surrendered liberties. are you okay what that? a former detective is not. in happens after an incident like this, sadly, and then it dissipates but we are seeing, you know, overtime, more of a security presence and and at

public locations. >>guest: it is important in as much as this situation was horrific for everyone and the entire nation it is important that we not overreact. we don't want to have any knee-jerk reactions now. there are some things we will notice. there will be somewhat of a police presence and there will be better training, maybe, for security officers but short of that, i don't thin we as citizens should have to go through a metal detector to go through the grocery shopping. >> so, if this is happening now, and other people have concerned and we will see it as other events, i feel we give up a little bit more of our freedom out of fear, and some of it is justified and i don't want to sound callous and indifferent but be careful what we wish for. >>guest: you right. the other thing, too, with the colorado case, look at the facts for a minute. this guy, james holmes, planned this for a period of two or three months.

so if we would have had a large police presence or security presence, most people in law enforcement will tell you, this give was determined to do what he did. so he would have found a way. i don't think, again, we should have to be pulling out our wallets as citizens paying more messengers for additional security when if the security is good as it stands. what do we need to do? make sure the venues have good vulnerability assessment, threat assessment and thing like that, and the security should be commensurate with the risk. >>neil: can i ask a couple of dumb questions. this notion, and maybe it is not true, where the families have said no one from the aurora, colorado, police department, have been asking to talk to either parent. do you believe that? >>guest: yes, i do. i heard that in the last segment. the reason for that, quickly, the f.b.i. as you know has been involved in this case since day one and the f.b.i. has probably

had conversations with the family. that's not unusual. >>neil: if you are asking questions, are you estranged? any sign of unusual behavior? what do you ask? >>guest: you want as much information, as much background information as you can about the individual. what was the childhood like? who are some of his friends? what are some of the places he hangs out? those kind of questions. >>neil: what about in recent weeks when he snapped and disassociated himself pretty much from society. do you ask about that? or what brought it on? >>guest: yes, yes, you ask a thousand questions. has he made any statements lately? has he made references to weapons? what about his fascination with movies in and his fascination with the character of the joker? you want to ask any and everything that you possibly can think of because as an investigator your goal is to final out as much as you can. >>neil: the demeanor in court, today, that is james' demeanor

in court what did you make of that? >>guest: well, i will tell you my opinion and i have dealt with people with that mine set if you will, of this guy before. i have dealt with people in law enforcement like that. i can tell you, he looks like he is on some kind of a drug and he could have been on a drug. i don't know. but, obviously, a lot is going to have to be determined. he clearly will have a psychological evaluation. like the rest guest said, he is going to seek the insanity plea. >>neil: premeditation? is that an issue against insanity? that he planned this for some time? >>guest: absolutely. if he is going to argue insanity, he has to argue that he has been insane for the past two or three months, and maybe 90 days and we all know this was a planned event, so if he was that insane, how commit took him this long to do the action which he did? >>neil: interesting. very good to see you. well, elsewhere, financially it is spreading, the europe mess,

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while asleep, without remembering it the next day, have been reported. abnormal behaviors may include aggressiveness, agitation, hallucinations or confusion. in depressed patients, worsening of depression, including risk of suicide, may occur. alcohol may increase these risks. allergic reactions, such as tongue or throat swelling, occur rarely and may be fatal. side effects may include unpleasant taste, headache, dizziness and morning drowsiness. ask your doctor if lunesta is right for you. then find out how to get lunesta for as low as $15 at lunesta.com. there's a land of restful sleep. we can help you go there on the wings of lunesta. >>neil: fox on top of stocks in the tank. the good news is they were a lot worse in the tank early today. the latest fit coming amid calls for bailouts in europe with the dow down 240 points early this morning and finishing down 100.

mcdonald's big drag on the dow, plunging after the revenues felt short of estimates. they pointing to a slowing global economy for that despite the sell off, my guest says there is in time for more bailouts but that is what they talking about. >>guest: and you would think they would learned as a direct result of what we did in 2008. we bailed the banks out and went through qe1 and qe2 and we have made things worse. a little bit of creative destruction would be good to purge out some of the excess we have had after years of spending and huge increases in debt. >> not you, craig, but your colleagues in the market who want the government help if they run up on the notion they will get it and if they don't get it necessity have a guilty like my kids. >>guest: you are correct.

be honest about it, especially fox business you cover it. you watch the people that say, we are expecting the fed to give us more qe or more printing or extend operations twist to help make the market go higher. but that doesn't surprise me because one of bernanke's targets was he wanted to improve equities. he wanted the market to increase. and maybe have this benefit the housing market. >>neil: if you went cold turkey and their government said, no, it ends, and germany says, no, it ends, u.s. bank, that is it, it is over, it would be a big hit, right, but it would be like ripping a band-aid off, better than, then doing it slowly? >>guest: absolutely the bit about the world ending, they

weeks it took to get tarp passed and each friday we were told if we do not get it by monday the markets will not open. we had it happen before. look at ronald reagan. what did he do? he allowed interest rates to go up. he allow add huge contraction to occur. hiring drops initially and he was looked at as a villain but he set the stage after the painful contraction, into two decades of incredible growth. we have to squeeze the excesses out of the market. until we do it we are shooting more morphine into the patient. we are not doing the proper surgery that needs to be done. >>neil: well put, good to see you again. >> you heard about mickey d, and we are going to the former c.e.o. to hear him rant. and we will be like from the windy tomorrow and 8:00 p.m. on the fox business network. >> so much for the war on

poverty, a new report putting the u.s. own track to hit the highest poverty level in 50 years. considering uncle sam shelled out $15 trillion in welfare spending since 1964, my guest wonders where is the outrage can congressional hearings over this? very good point. >>guest: a great point. here is the problem. since the mid-1960's when johnson launched the great society program, and started the massive spending free which was actually, neil, all ideological, about instituting the redistribution schemes in every part of our economy in the name of social justice, in the name of a social safety net, in the name of compassion, but what we now know is that none of the social welfare programs we continue to pour the taxpayer money into have worked. none of it has alleviateed poverty and the rate has gotten worse. >>neil: people feel guilty we all want to feed those who are poor and help those who are genuinely in poverty.

what happens with the programs, though, they balloon and get larger and larger and the food stamps for everybody, and you look like a callous s.o.b. if you take it away. >>guest: this is what the left has been doing for decades. and they always kept their arguments and their enormously irresponsible policies as compassionate. and if you don't go along with it, the big bad evil republicans do not have a heart and you want grandmother to starve and grandpa to eat dog food. but the problem is the left has sold that art successfully not just to fellow republican whose have gone along with it, that is how you racked up $15 trillion but to the public now it is very difficult to unwrap the redistribution tenacles. the programs --. >>neil: but slow the growth, remember the transportation bill when republicans dared to toy with bring down food stamps by

$15 billion and that is what i thought we spent on food stamps but it was continue percent of the budget and they were pilloried for being frankenstein so there is a reluctance to bring in the growth of the programs. >>guest: the laws of economics will kick in and we will not be able to afford at the rate we are going all of the sole welfare programs. that is what they says tax the rip. you cover this in europe, and we can see where that gets them. look, the problem here, and i get back to the objective of the left,is not to create temporary social safety nets for people who are in trouble. this was to create a way of life. this was to create a culture of victimhood and dependency which is now what we have. ultimately the objective of that for the left is to create a permanent democrat floating majority, and what president obama has done over the last 3 1/2 years is accelerate us to the tipping." and you now have 50 percent of

the american people paying no federal income tax and when we hit the tipping point we will be western europe. >>neil: we have done something worse, we glorified food stamps and with norman rockwell type ads the beauty of them. >>guest: that makes it disgusting because when we talk about compass there is nothing compassionate about growing this cult and i call it a cult, of victimhood and dependency. that is what the left is guilty of and enough republicans have gone along with it. >>neil: we spend more time discussing jobless benefits than finding jobs. thank you, monica crowley, what the (bleep) just happened, that is her book. he runs deficits for the country and no surprise republicans say he is running on his own campaign. max.

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>>neil: and this is the official booking photo of james holmes. i don't know if it was taken friday night after the shootings. but, it is what it is. the official booking photo. you saw him in court today. but this was the booking photo that will probably be the image that the stick and be of this young man as this entire process unfolds in the months, gosh, likely years, to come. >> well, it turns out watching the spending is more than it is taking in thing is contagious. now the president's campaign spent more than it took in last month. nancy pelosi is having trouble getting money from democrats right now. much of the democratic caucus refusing to kick in money for congressional races. and pat caddell not prized. what do you make of this? >>pat: it has been a very interesting month. the president has tried to

define romney while he can, while he has a money advantage because romney technically did not have as were money to use and try to define him. and is spending money like a drunken sailor -- oops. they will have money problems in august. the more interesting thing is what is happening in the caucus. a third of the democrats are not giving up their dies. >>neil: why? >>pat: this is about save my rear end, not your rear end. this is called, this is a sign to me that they are, you know, "take care of me first, we are in trouble." >>neil: they gave up getting the house of representatives back. >>pat: that is a sophisticated sign. but i raise another point of the dues. in both parties. it is one thing that has done, it centralized control of congressional elections in the leadership in washington, dc, the campaign committees. it is partly responsible if

corrupting our system. it has made candidates have to be very. toe the line. this is how serious the donations are. that defines whether you get committee chairmanship or ranking member status, and, whatever. you raise money from people to buy offices, in congress, in both parties, it is a story that no one has touched. >>neil: so, you are not paying along . >>pat: that is what i am saying. what you are saying is why care what you could do me i don't think i will be here without this. so the fat that --. >>neil: is that antinancy pelosi or save my butt? >>pat: they voted for her, for speaker. first it is "save my butt," and second, what are you people going to do? and, third, to me, you have raised the right point, boy, if you want want to win, it tells you what the democrats think of their chance to win. in other years people were

throwing money in the committees because they felt they would win. >>neil: do we see this going on in the senate? >>pat: i don't. that is a different beast. they have the same model. it is interesting there has never been any discussion until this pops up that we have this dues system. remember, we used to have congressman 20 or 30 years ago, congress told the party leaders and the president, well, take a hike i will do what i want to do and i take care of myself. they cannot do you that because everyone is so dependent on the committees. the committees tell you which consultants to her and what message you should use. even if the messages are stupid messages. >>neil: well put. patrick, thank you. republicans, want to win wisconsin in try picking a guy from wisconsin, the push for a "paul" after this.

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>>neil: condi could strike most as dandy for number two but what do you think they think in wisconsin? paul ryan is back on the list in the eyes of republicans. and now, would someone like ryan deliver a traditionally democratic state like wisconsin? >>guest: public policy polling has been doing bays since mid-may and when they do matchups between obama and romney they do several surveys of a top politician in each state to see how they would help romney if he was added. and, by far away paul ryan of wisconsin helps deliver his state more than anyone else than 35 other candidates tested, delivering five, net five

points. a dump for romney the he goes from down five, down six in the state to only down one to obama. so ryan could help romney. >>neil: rubio doesn't do the same? >>guest: not as were as cow expect the he is only up plus one. he only adds, narrows the gap by one point from traditional romney and obama matchup. >>neil: you mentioned something i didn't think about in the break ahead of this, that what you get with a paul ryan in wisconsin could hurt you given his tough love on social security and entitlements and medicare in florida. >>guest: there are limits to what this tells us. they measure in their him state but not measuring paul ryan and romney in florida. so, it is an elderly state, and a lot of old people, and i am from there, so, they may not be very happy. >>neil: but a last them realize the way the system is going you cannot continue. >>guest: my argument is that i like paul ryan. you need a choice election that

would signature a choice that is politically risky if romney, but you would win with a mandate and winning just by itself is not good news because we are in bad situation debt-wise and long term. >>neil: what does your gut tell you about the way romney handles this. if he gets a safe, well, not an exciting pick, not to take anything away from senator portman of ohio or pawlenty, the former minnesota governor, tim pawlenty, that's almost too safe, too vanilla and he has to be more bold. >>guest: i think romney can win playing it safe. we have unestimated how bad the economy is. and how that will affect voters. they trying to throw all the bain attacks at romney and it barely moves the polls. people will look at the economy and go with romney. that is why i think he needs to go risky not because he can't win without it but if you get the fundamental change you need, you bring someone that signal as mandate, paul ryan would signal

that type of change. >>neil: you would not want did double down on competence and vanilla would be good, that would be in contrast to the thrill. the thrill might be gone? >>guest: if you won, what is the real mandate? i would say maybe not as much of a mandate if you take someone like paul ryan. >>neil: thank you, jamie. in the meantime, think this kind of thing is uniquely american what happened in colorado in forget what you have heard, in 90 seconds a history lesson you cannot miss.

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it is always a risk in covering a tragedy nonstop. some folks can't stop from saying something stupid. a comic lamented this tragedy reveals another side of american exceptionalism. our pension for violence and fondness for guns. last time i checked norway has the toughest gun laws in the

planet and the most peaceful citizens but that didn't stop this man from going on a rampage that left 77 dead, 77 in 2011. then of course there's a man who murdered seven in belgium or tim creche mer who called into a german elementary school and killed 15 or a tax county taxi r to butchered 12 in 2010. barely a year after a man is stabbed and killed his ex-girlfriend and went to a mall in finland to kill four others. the same otherwise peaceful finland, where only about a year earlier, 22-year-old culinary art student walked into a school and killed ten people. i could go on. the birmingham england man who killed three in 2000.

the swiss kid who slaughtered 14 in 2001. the 29-year-old who killed 11 and injured 6 in south africa. the slow come slovakian man in . and martin brian who shot 35 people as a tourist attraction because he felt like it. my point is not to spread blame but remind all this stuff is not unique to us. it happens everywhere among peoples who are peaceful and those who are not. countries with tough gun laws and without. before 24/7 news, nuts have been fixated on being nuts. in 1938, a man killed 30 in japan, or in 1913, 14 murdered in germany. these things happen because some

people snap or explode. it doesn't matter their country of origin, just their adverse shifting mental state of origin. not right, not fair, but this notion we, 300 plus million americans, are uniquely violent, are uniquely awful, are uniquely evil, not fair at all. by the way, ill financial winds are blowing. we talked about mcdonalds, the latest with the beef with the global recovery. we're in chicago tomorrow, mcdonald's hometown, to get a sense of what happens next with the president who says his old colleagues in the windy city aren't the problem, the wind bags in washington are. ed unleashed in chicago where we will be tomorrow. get ready, this is about to get loud, very loud. see you in chicago tomorrow.

hello, i'm eric boling and andrea tantaros, bob beckel, dana perino, and greg gutfeld. this is the five. moments ago the booking photo of perhaps one of the worst mass murderers in american history was relieved, james eagan holmes who was read his rights in front of a colorado judge. we'll get to that in a second. first, moments ago, the family of holmes made this, the attorney of the family of holmes, made a brief statement regarding their honor student turned accused mass murderer. >> the family wants to reiterate their hearts go out to the victims and their families. the holmes family would like to maintain their privacy.

so at this time, we will not be discussing james or his relationship to his family. and we would respect courtesy in that regard. >> let's bring greta van susteren in who was in the courtroom when holmes sat in front of the judge. give us a sense. we saw the bizarre facial expressions and demeanor of this guy. what information did he give you or maybe even a prosecutor with all these kind of wacky actions? >> well, first of all we don't know what the defense will be down the road but this is not aa whodunit. he left a trail of bread crumbs. he waited outside in a parking lot for the police until they arrested him and there were a million clues. the question is whether he's insane. no one has said the insanity defense will be raised but that's what the defense will