said for james egan holmes, justice is death. he said that his office spoke with 800 family members of victims before making that decision. it was widely speculated that it would go that way because in a court filing last week, prosecutors said it was extremely unlikely that they would accept a plea deal that was offered by the defense. in that deal, holms would plead guilty and spend the rest of his life in jail, avoiding execution. prosecutors said they haven't been given details they need to consider a plea and also accuse the defense of violating a gag order by making you the plea in a court filing and said it was not a good faith offer. they can now still accept a plea deal later on. the death penalty case could take years to resolve and now holmes' attorneys may launch an insanity defense. they have said in the past that he is mentally ill. that requires mental evaluation and likely will push back the trial which has been set to begin august 5th. thomas? >> lee ann gregg joining us from colorado. joins us is a criminal defe

james holmes had no visible reaction as the d.a. announced for james egan holmes justice is death. this after prosecutors rejected a plea deal that would have led to a guilty plea but spared holmes from the death penalty. accused of murdering 12 and injuring dozens last summer inside an aurora movie theater, holmes's lawyers will pursue an insanity plea. the victims were split. some thought the d.a. should have accepted the plea deal. others think holmes should face death for his accused crimes. brian? >> miguel almaguer covering for us from centennial, colorado, tonight. miguel, thanks. >>> the latest from south africa is nelson mandela is improving. he spent a sixth day in the hospital and continues to respond to treatment for the lung condition. the nation and millions around the world, of course, have been in suspended animation over worry for the president. he's now been hospitalized three times in the past four months. >>> while the white house is cautioning nothing is final, no formal nomination has been made reports have surfaced that caroline kennedy is being vetted for u.

himself saying, for james holmes, justice is death. the scene we're getting from the courtroom is one of great emotion. some victims apparently in tears hearing this announcement. we also know that the parents of james holmes are also in the courtroom. i see a note saying that the parents look shaken. i don't know if that is referring directly to the parents of james holmes. we'll try to get more information on that but the big headline is the prosecution will seek the death penalty. no life in prison for james holmes by a plea of insanity. they're going for the death penalty in this case and we'll keep you posted as we hear more. jon: well a bomb scare prompting an early morning evacuation at a us air port. we'll tell you what happened and where coming up. >>> also washington keeping a close eye on north korea as that regime steps up its nuclear threats. what the u.s. is doing now to try to keep the north in check. this day calls you. to fight chronic osteoarthritis pain. to fight chronic low back pain. to take action. to take the nex

but holmes showed no reaction. his attorneys had tried for a deal that would have meant life in prison -- but the prosecutors refused. >> jacqueline: dry conditions tonight. as for the fog. we will definitely see a lot of fog. the increase with rain. and as for go towards the 8:00 p.m. hour. stubborn. still lingering over the north bay. portions of the south bay. san francisco temperatures in the south bay will be warmer. cooler for the east bay shore. and remember you can watch the weather forecast whenever it is convenient for you on our 24/7 bay area news channel. you can also get headlines and live traffic. it's on comcast 193 and you can also watch it live on kron4.com. >> under a new state law some california women will get more information following their routine breast examinations. starting today women with dense breast tissue must be notified of that finding after a mammogram. health professionals say as many as 40 percent of women over the age of 40 have dense tissue, which can make it more difficult to

in the james holmes case.and how long the trial will be delayed. plus, a local firefighter that collapsed while battling a blaze. is back on the job. what happened.and how he was able to recover. colorado prosecutors say.they are going after the death penalty for james holmes. he is the man charged with killing a dozen people in a movie theatre last july. this is holmes at an earlier hearing -- no cameras were allowed inside court today. the prosecutor says, he talked about the penalty for holmes, with the 60 people who lost relatives in the shooting.and decided that "justice is death". the trial has been delayed until at least february to allow both sides to prepare. >> this just in to the kron 4 news room north korea it is promising to restart its small football facility it was closed and 2007 as part of an international nuclear disarmament deal. with threats to launch strikes even against the u.s.! they are taking those threats seriously. a veteran san jose firefighter, who collapsed while battling a blaze last august, is back on the job. firefi

. >> for james holmes, justice is death. that from the prosecutor announcing he will, indeed, ask for the death penalty for the accused gunman in the colorado movie theater massacre. james holmes is charged with killing a dozen people and wounding 70 more last july. prosecutors say they talked to hundreds of survivors and victims' relatives about whether to ask for the death penalty. one man whose best friend died in the shooting says: he is all for it. >> thumbs up. for the death penalty? thumbs up. if you cause death upon somebody, i personally believe the only justice that can be served is death on yourself. >> legal experts say they expect defense attorneys to argue holmes is not guilty because he was legally insane at the time of the shooting. alicia acuna outside the courthouse in sentinel, colorado for us. alicia, the judge delayed the start of the trial until next year? >> that's right, february 3rd, 2014. that's a sixth month delay from the original trial date, shep. that agitated some of the victims and family memb

they show james holmes, a psychologist at the university of colorado, boulder, told campus police holmes had homicidal thoughts. the documents revealed an arsenal of weapons and several computers were taken from his home. he received a number of shipments from his online ammunition company. holmes is said to be tried in february of next year. new this morning, the rainy weather bringing some unusual sites to northern california. a funnel cloud spotted near the town of cording just north of chico. a tornado warning was issued for the area but there were no reports of any twisters actually touching down. that's close enough. >> 4:49. how about a friendly wager for the final four. we'll tell you what the mayor of berkeley will get to win the cal women's game? we're predicting that. a community comes together to help a mother and her newborn baby. hundreds of people rushed out to a remote people of the amazon in the middle of the night. >> we have dense fog forming this morning. we are going to get you up to speed and out the door. i'm anthony slaughter in for mike inouye tracking your roads

. >>> the lawyers for james holmes say they are considering an an insanity plea. holmes is charged with 160 counts of murder and attempted murder for the attack that left 12 people dead and 70 wounded. he could face the death penalty. last month holmes' lawyers did not enter a plea but in court filings yesterday they indicated they might enter an insanity plea even if holmes objects. >>> federal aviation officials are investigating a mid air collision over southern california that killed one person and injured three others. the two single engine planes collided yesterday afternoon at about 3,500 feet north of santa monica. one crashed and burned killing the pilot believed to be the only person onboard. the other landed on a golf course. >> i saw a plane flying low overhead and i was, like, i heard the engine backfiring almost and it landed with no landing gear on the green and ended up spinning out a 360 and landed on that berm right there. >> three people were on that plane that was able to land. they suffered minor injuries. >>> a vigil is planned tonight to rem

knowing that james holmes was likely going to go to trial soon, that idea was repealed. so we still have our death penalty but it's been up in the air. at this time we have three people on death row. one of those people has been on death row for a couple of decades. so it takes a long time. it's very hard to do here. >> warner: finally an insanity defense. again, every state is a little different in terms of what the standard is. what does the defense have to demonstrate to get him declared not guilty by reason of insanity? >> you know, they're going to have to show that he was spiraling, that they're going to have to call witnesses who saw him in spiral which could be people he was in school with. maybe his professors. maybe his family. and they're going to have to show his communications, things that were in his computer. was he holed up in his apartment in the dark by himself as he spiraled down? they're going to need to bring in his psychiatrist. the one from the university of colorado lynn fenton who we've heard so much about. they're also going to have to go down t

holmes if, you're listening to a victim and somebody who was hurt by what you did, if you just plead guilty, question all move forward, you know? >> reporter: weaver is one of 60 victims the da spoke with before making his decision and telling a courtroom inside full of victims, family members and holmes' own parents that in this case justice is death. welcome news to brian beard whose son was gunned down in the attack. >> give me a front row ticket. he took my good friend from this earth. >> last week it appeared a deal was in works, with holmes offering to plead guilty if the death penalty was taken off the table. prosecutors said they couldn't take the deal without more information. and for the moment, it seems the deal is not being considered. the judge anticipates a trial lasting well into 2014 frustrating victims and families and friends. >> there is no punishment that this kid deserves more so than being in excruciating pain every single day the rest of his life. but sadly that's not the way that we can work in the judicial system right now. so to me, whatever we can do to hav

. >> it's monday april 1st, hello everyone, i am heather holmes. this is bay area news at 7. police in san francisco says the weekend of the weekend homicide did ng wrong as jay explains the young man was a college student. >> car lows show photos of his youngest son jacob. >> in this one, 19-year-old vargas stands tall with his mother. today jacob -- san francisco's police see someone drove up and got out and shot him near his parents home. he was found bleeding to his head and ch he struggled the words in english but there is no mistaken of his loss. >> police are hoping to leads to come from the street, someone who saw or heard something. >> he was a college student doing good, know problems with the police or no previous contact. it was just an all around tragedy. >> a tragedy that neighbors are handle by keeping jacob's memory alive. >> jay hernandez ktvu channel 2 news. >>> today his family had a message as the team faced off again in los angeles, now in san francisco where he's talking about safety and security with fans there at the at&tpark. >> reporter: there is tho

knowing that james holmes was likely going to go to trial soon, that idea was repealed. so we still have our death penalty but it's been up in the air. at this time we have three people on death row. one of those people has been on death row for a couple of decades. so it takes a long time. it's very hard to do here. >> warner: finally an insanity defense. again, every state is a little different in terms of what the standard is. what does the defense have to demonstrate to get him declared not guilty by reason of insanity? >> you know, they're going to have to show that he was spiraling, that they're going to have to call witnesses who saw him in spiral which could be people he was in school with. maybe his professors. maybe his family. and they're going to have to show his communications, things that were in his couter. was he holed up in his apartment in the dark by himself as he spiraled down? they're going to need to bring in his psychiatrist. the one from the university of colorado lynn fenton who we've heard so much about. they're also going to have to go down to

last week prosecutors rejected a deal to have james holmes plead guilty to avoid the death penalty. he is charged for the july 20 shooting that happened during the screening of the dark night rises. 12 people were killed, 70 injured. last month a judge entered a not guilty plea on james holmes' behalf. >>> the white house said north korea's threats are all talks. he says north korea hasn't changed their posture to back up the threats from the leader. he declared a state of war with south korea and south korea's president declared to use military action. the u.s. sent fighter jets to south korea sunday for exercises after sending bombers last week. >> designed to reassure our allies and reduce pressure on soul to take action. >> the drills should keep north korea's leader from taking his threats too far. >>> the a's hope opener is tonight at the coliseum and the rain stopped in time. ktvu's fred inglis is there. >> reporter: win or lose they are going to be exciting. the weather is gorgeous. and if fans are still streaming in for tonight's 46th oakland a's home opener and it is a sel

holmes' attorney planned to use some form of an insanity defense. i spoke about that with a friend of jessica ghawi, who died in that rampage. >> i think this is an act. i think this coward that shows up every single day in court with this aloof look in his eyes that he just spaced out, i can't imagine somebody pulling off something like this to be in that case. i think as soon as he knows he goes into the courtroom, he knows exactly what's going on. >> you think he's putting on an act? >> absolutely. without a doubt. from day one i thought that was -- first day that coward walked into the courtroom, i knew that he was putting on an act. everyone knows he's putting on an act. >> jim spelman was in the courtroom this morning. so, jim, you know, why did the prosecutors reject this guilty plea? >> reporter: what happened exact to be precise is the prosecutor said we don't have enough information to accept this plea. but, of course, when they made that offer, they didn't know whether the prosecutor was going to go for the death penalty or not. i want to

. >> jon: remember this awful scene last july. 12 people killed, 70 injured when james holmes allegedly released a hail of bullets on an audience watching a movie. he faces the death penalty in that attack. the story has received a good deal of media attention. jonna winter faces jail time for doing her job. winter broke an exclusive story just a few days after the attack revealing that prior to the shooting, holmes had sent a notebook to a psychiatrist containing illustrations of a massacre and was full of details of how he was going to kill people. winter's story cited unnamed law enforcement sources and they say they violated their client's right to a fair trial and demanded she reveal her sources. it is up to a judge whether she has to reveal her sources or go to jail. judy you went to jail for three months to protect sources, what do you think is going on? >> i think the last print journalist to protect sources and i hope that jonna doesn't have to make that choice. we can't do our job without confidential sources or we will be repeat wagon the government tells us. people like her

james holmes set to learn whether prosecutors will offer him a new plea deal or instead plan to seek the death penalty against him. a live report straight ahead. at tyco integrated security, we consider ourselves business optimizers. how? by building custom security solutions that integrate video, access control, fire and intrusion protection. all backed up with world-class monitoring centers, thousands of qualified technicians, and a personal passion to help protect your business. when your business is optimized like that, there's no stopping you. we are tyco integrated security. and we are sharper. otherworldly things. but there are some things i've never seen before. this ge jet engine can understand 5,000 data samples per second. which is good for business. because planes use less fuel, spend less time on the ground and more time in the air. suddenly, faraway places don't seem so...far away. ♪ . >> fox urgent. video coming into fox news. 75 vehicles along one stretch of road swerving and crashing. a huge pileup along interstate 77 which sits between virginia and north carolina.

holmes would plead guilty and spend the rest of his life in jail, avoiding execution. prosecutors say they haven't been provided key details that they'd need to consider a plea. they've been talking with victims about their thoughts on pursuing execution. reactions have been mixed. if prosecutors seek the death penalty, holmes' lawyers may launch an insanity defense. that requires mental evaluations and would likely push back the trial now set to begin august 5th. that hearing will get under way a few hours from now. richard? >> live in centennial, leeanne gregg, thank you. >>> and back east, spring has sprung at the white house. and we know what that means. about 30,000 people are expected to attend the 13th annual white house easter egg roll this morning. the first family will participate in all the activities including storytime and rolling the eggs across the white house lawn. always fun. >>> we want to wish a very happy birthday to msnbc's rachel maddow who turns 40 today. happy birthday to you, rachel. >>> a texas manhunt under way for the murder of a texas d.a.

james holmes, of course, is accused of killing 12 people and wounding 70 others in the shooting that happened last july. just after that attack, jana winter wrote an article that detailed how before the shooting this holmes guy sent a notebook to a psychiatrist. the notebook that contained drawings of the massacre. holmes' lawyers say the sources who told her about that notebook violated a gag order and they need to be disciplined. jana winter won't say who her sources are citing obligation to protect anonymous sources and first amendment that guarantees freedom of the press. the judge says there is something he needs to know before he decides what should happen to our journalist. "the fox report's" correspondent jonathan hunt is with us. explain what it is the judge seems to need to determine first. >> what the judge says he wants to know is whether the court decides that that notebook on which jana winter reported is even admissible as evidence in the trial of james holmes. he says he has to have a complete record as he called it and proceed with caution because of jana winters' fi

and others said they think that death is too easy for holmes. he had no visible reaction to the announcement today which comes only days after prosecutors rejected the plea deal that would have saved his life. holmes would have pled guilty and spend the rest of his life in jail avoiding the execution. some type of plea agreement is still an option but probably not likely when you consider the words from the d.a. earlier today. the trial date originally had been set for august. that has been moved to february. prosecutors wanted it to be in january. the defense attorneys said they didn't want to start until next fall. so he compromised right now, the first week in february. more than a year after after the crime. the trial is set to begin. >> thank you very much for the live report. that brings us to today's gut check question. should prosecutors have accepted the plea deal that would have sentenced james holmes to life in prison without parole. what does your gut tell you? that's this edition for "news nation." thank you very much. i'll see you

. >>> a psychiatrist is providing new information into james holmes. a psychiatrist said holmes had thoughts that was a public danger a month before the movie theater shooting. holmes is standing trial for the murder of people during "the dark night rises." >>> dianne feinstein is facing the nra saying their influence on congress is to blame for the disconnect between public calls for change and the lack of action. she accused the gun lobby of unseating senators by backing candidates. she spoke of the need to change violence depicted in popular culture. she suggested video game makers should make changes on their own. representing adam lanza, she said, in part, if sandy hook doesn't do it, if the knowledge of these video games this young man played doesn't, maybe we have to proceed. >>> now to business, wall street looks to close on a high streak after posting gains. the markets were encouraged by promising news out of japan. banking officials are taking stimulus actions to turn the economy around. for me, let's go to cnbc, steve joining us live from l

records show psychologists who treated james holmes warned police in june that holmes had homicidal thoughts and was a danger to the public. the shooting happened july 20th of last year. now, evidence gathered from his apartment included depression and antianxiety medication along with about 50 beers. earlier this week, prosecutors rejected holmes' offer to plead guilty in the attacks, saying they'll seek the death penalty. >>> add another state to the top of a growing list with the toughest gun-control laws in the land. maryland now the latest state to enact strict gun laws. thursday lawmakers approved sweeping legislation that includes submitting fingerprints of all handgun purchasers to state police. just days before, connecticut enacted the nation's toughest gun laws, complete here with background checks and a ban on assault weapons. the nra calls the law a mistake. maryland and connecticut now join 20 other states that have taken action on gun reform since newtown. however, less than half of those states have voted to strengthen gun laws. the others have weakened gun restrictions. this

james holmes set to learn whether prosecutors will offer him a new plea deal or instead plan to seek the death penalty against him. a live report straight ahead. "i don't really like taking my vitamins." nature made said, "here's new vitamelts." in flavors like juicy orange... ...or creamy vanilla. tasty, smooth-melting vitamin supplements. new nature made vitamelts. made to higher standards. yours. get a coupon on our facebook page. that work the way you wish they would. like a front-end loader you can detach from your seat? or a mower deck you just drive over and cut through knee-deep grass no problem? yep. we thought the same thing you did. that's why we build them this way. that's how we run. nothing runs like a deere. visit your dealer or johndeere.com/howwerun to see the new signature series and 1 family tractors. are you flo? yes. is this the thing you gave my husband? well, yeah, yes. the "name your price" tool. you tell us the price you want to pay, and we give you a range of options to choose from. careful, though -- that kind of power can go to your head. that explains a l

prosecutors will seek the death penalty against james holmes. last week prosecutors rejected a plea deal from the 25-year-old to avoid the death penalty. holmes charged with multiple counts of murder and attempted murder for the mass shooting that killed 12 people and injured 70 more. a judge entered a not guilty plea on holmes behalf last month. >>> happening now, a wet start to april. a live look at the bay bridge toll plaza. it's been backed up a little more than usual monday because of all that wet weather. >> it's a tricky one. >> it gets tongue-tied out there. meteorologist christina loren, how are you doing in the "weather center" there. >> doing all right. doing okay. we still have a little bit of shower activity but we're clearing you out nicely, nonetheless. they are not messing around on the bay bridge toll plaza keeping metering lights on. this is nobody stopping for toll booths but still moving slower because of the conditions. this is why. look how much rain we accumulated. almost an inch and three-quarters in oakland. that is impr

yet, near lanza nor holmes would have been flagged nay background check, not lanza because it was his mother who bought the weapons, and not holmes, because he had never been institutionalized for mental illness. criminalinologist james fox of northeastern university says mass killers are impossible to spot until after the fact. >> the irony is that these mass killings are the very kind of crimes that are least preventable bilet kind of gun legislation we're seeing today. >> the odds are that one in four of us will experience a common mental disorder in our lifetime. we can't all be put on a list so we have to build mental health that's accessible deeply in our communities. >> reporter: psychiatrist gary bell kin of new york university, want families, and teaches to be empowered as early warning system. a lot of cases of mass killings they didn't take the extra step to prevent something. >> there's a movement affront to really also put forward an idea of psychological first aid as a skill set that people can have. >> reporter: access to treatment is crucial for the mentally ill, psych

prosecutors now say they will seek the death penalty for james holmes. holmes is accused of killing 12 people and injuring 70 more in a movie theater in july. back on friday, prosecutors rejected a deal for a guilty plea in exchange for taking the death penalty off the table. if they do seek legal injection, the defense is expected to plead not guilty by reason of insanity. >>> in china, two people have died from a knew strain of the bird flu. both men died less than two weeks after contracting the virus. another person is in critical condition. scientists say the strain has not been found in people before. another strain is being closely monitored because scientists think it could mutate an spark an epidemic. >>> starting today, new rules regarding women and mammograms. women described as having brens tissue after a mammogram may be notified boo increased risk -- about a increased risk. critics argue there's no manner to determine the breast density. >> dense breast findings should be taken into context of each patient. it should not be considered somet

prosecutors now say they will seek the death penalty for james holmes. holmes is accused of killing 12 people and injuring 70 more in a movie theater in july. back on friday, prosecutors rejected a deal for a guilty plea in exchange for taking the death penalty off the table. if they do seek legal injection, the defense is expected to plead not guilty by reason of insanity. >>> in china, two people have died from a knew strain of the bird flu. both men died less than two weeks after contracting the virus. another person is in critical condition. scientists say the strain has not been found in people before. another strain is being closely monitored because scientists think it could mutate an spark an epidemic. >>> starting today, new rules regarding women and mammograms. women described as having brens tissue after a mammogram may be notified boo increased risk -- about a increased risk. critics argue there's no manner to determine the breast density. >> dense breast findings should be taken into context of each patient. it should not be considered somet

this is video of james holmes, who is charged with killing 12 people, wounding dozens more at a movie theater last summer in aurora, colorado, today, prosecutors firmly rejected holmes's offer of a guilty plea in exchange for a lighter sentence, instead of the death penalty. they say they consulted families of the victims. >> he took one of my good friends from the earth. and the only way that death is served justice is with death. >> holmes had no reaction to today's developments. he did, though, look at his parents in the audience. his trial will begin next february. >>> developing in international news, the u.s. 22 stealth fighter jets are in the ocean, aimed at directing south korea regarding the attacks. they are told to take the threats very seriously. >>> coming up at 5:30, "nightly news "will have more on the coverage in the region. >>> there was a moment last fall when san jose firefighters wondered if one of their own would even survive. that makes today remarkable. firefighter frank ryan was back on the job, in fact, there he is going to station one for his first shift in s

holmes' defense said it could last nine months. the judge said it should take four. brandi hitt, abc news. >>> connecticut lawmakers are ready to pass one of the toughest gun laws in the nation. the measure includes a ban on new high-capacity magazines like the ones used in the newtown massacre. the proposal also calls for background checks for private gun sales and a new registry for existing magazines that carry 10 or more bullets. >>> a tulsa dentist accused of running an unsanitary practice could face criminal charges. investigators say scott harrington and staff could be charged with practicing dentistry without a license and violating the state's dental laws. more than 1,000 patients have been tested for hiv and hepatitis. their results should be back in two weeks. >>> the thief you are about to see is clearly no rocket scientist. nabbed a woman's pocketbook in a mall in australia. escapes through the wrong side of a plate glass window. the other glass door opens. gently opens. >> out cold. >> yeah, out cold. he lays there out cold. he lays there for a while be

by holmes in exchange for taking the death penalty off the table. prosecutors are looking to seek lethal in jokes and james holmes is -- lethal injection. >>> they will take up the new gun control measures and some say this will prevent mentally disturbed people from getting guns and some say this will infringes on second -- infringe on second amendment rights. mark kelly says it is common- sense. >> any bill that does not include a universal background check is a mistake. we can still make progress without going too far. >> congress comes back from their spring recess on april 8th, so far no vote has been scheduled at this point. >>> there are escalating threats from north korea and south korea as they look for war. south korea will not tolerate any provocative moves. kyla campbell just got back from the pentagon. >> reporter: they say they are taking these threats very seriously and they are in close contact with their south koreaian allies. they have joined military exercises and meanwhile military leaders met with kim jong il and this comes afte

by holmes in exchange for taking the death penalty off the table. prosecutors are looking to seek lethal in jokes and james holmes is -- lethal injection. >>> they will take up the new gun control measures and some say this will prevent mentally disturbed people from getting guns and some say this will infringes on second -- infringe on second amendment rights. mark kelly says it is common- sense. >> any bill that does not include a universal background check is a mistake. we can still make progress without going too far. >> congress comes back from their spring recess on april 8th, so far no vote has been scheduled at this point. >>> there are escalating threats from north korea and south korea as they look for war. south korea will not tolerate any provocative moves. kyla campbell just got back from the pentagon. >> reporter: they say they are taking these threats very seriously and they are in close contact with their south koreaian allies. they have joined military exercises and meanwhile military leaders met with kim jong il and this comes afte

now, this has nothing to do with whether holmes should go to jail or be sentenced to death or whether he's insane or anything having to do with the sick and evil mind that reeked havoc on the 12 pour souls who were killed in the aurora shooting. but a colorado judge has said he could rule this wednesday whether winter has to reveal her source or face six months in prison. so why should you care about this? because jonna was doing her job so you can judge how well the judicial and mental health and other systems are working. i'm now joined by matthew cooper from the national journal. he faced similar pressure to reveal his source during the valerie plame wilson scandal. god, so many years ago. you were working at "time" magazine and you refused to give up your source, karl rove, after he led you to believe he was a covert agent for the cia. you were just doing your job. where is the public outrage about this type of thing? does the public not understand or see us as a check on people in power? >> well, i think, as you know, jake, the media is not always the most popular institution in

the district attorney said simply "for james eagan holmes, justice is death." . the 25-year-old faces 166 counts of murder and attempted murder. the trial date by the way, is set for february of next year. >>> also in colorado, president obama as we noted touching down there tomorrow. he will continue that push for tougher measures aimed at reducing gun violence. it comes as a paperwork error allowed a violent convict to be released from prison in january. that was four years earlier than originally intended. that man's name is evan ebel. he's suspected of killing the state's corrections chief and a pizza delivery driver last month when ebel should have still been behind bars. state officials say ebel was supposed to serve another four years after completing an eight-year sentence. but that information never made it into the court records and the suspected gunman was let go. ebel was killed in a shootout with police in texas two days after investigators believe that he shot and killed prison official tom clements in colora colorado. >>> clean up efforts under way

. >>> prosecutors said they will seek the death penalty against james holmes. last week prosecutors rejected a deal to have him plead not guilty and he is charged with multiple counts after the shooting spree in aurora colorado. 12 people were killed and several were injured and the judge entered a not guilty plea on holmes' behalf. they will debate universal background checks when they take up gun control measures. the new move would keep mentally disturbed people from getting guns and mark kellie kelly and former congresswoman gabrielle giffords are calling for this. >> we could still make significant progress by strengthening the background checks without go too far. >> no gun control legislation has been scheduled so far. >>> police are cracking down on drivers caught texting or talking on phones. berkeley is one of the places they will be on alert all month long and they will be issuing tens of thousands of tickets and distracted driving killed more than 130,000 people in 20011. -- 2011. a ticket will cost you at least $159. >>> and san francisco symphony

. >>> prosecutors said they will seek the death penalty against james holmes. last week prosecutors rejected a deal to have him plead not guilty and he is charged with multiple counts after the shooting spree in aurora colorado. 12 people were killed and several were injured and the judge entered a not guilty plea on holmes' behalf. they will debate universal background checks when they take up gun control measures. the new move would keep mentally disturbed people from getting guns and mark kellie kelly and former congresswoman gabrielle giffords are calling for this. >> we could still make significant progress by strengthening the background checks without go too far. >> no gun control legislation has been scheduled so far. >>> police are cracking down on drivers caught texting or talking on phones. berkeley is one of the places they will be on alert all month long and they will be issuing tens of thousands of tickets and distracted driving killed more than 130,000 people in 20011. -- 2011. a ticket will cost you at least $159. >>> and san francisco symphony

12 people and being pressured to reveal the story and notebook kept by holmes. if she is forced to do that. it could destroy her career. she has two choices, destroy her own career or go to jail. she shouldn't have to do either in the united states. there is the thing called the first amendment. go on twitter and put out the hash tag. hash tag leave jana alone. send a message to james holmes and his lawyers who want to put her behind bars. we will follow the story and keep you posted. >> thanks for that. andrea? >> this is the best story of the week and a follow-up to a story that we did last year on the 5. brian banks, you may he remember him. he was convicted of rape when he was in high school. he had a usc scholarship to play football. he went to prison over five years. last may he was exonerated when the woman said he was raped made it up. he came out and said i'm not bitter. i just want to play ball. someone give me the chance. we pleaded here on the 5 with the nfl coaches, somebody give him a chance. this week he was signed to the atlanta falcons. congratu

. >> reporter: james holmes in colorado, jared loughner in arizona, seung-hui cho at virginia tech, all with mental health problems and all able to buy guns to kill. background checks stop others like them? >> the common ground rests on a simple proposition and that is that criminals and the dangerously mentally ill shouldn't have guns. but it's not simple at all for one thing who's considered dangerously mentally ill? under federal law, it's someone found by a judge to be quote "a mental defective or someone committed to any mental institution." but state standards vary widely and their mental health records often don't make it into the database used to make federal background checks. among the concerns? privacy protection. the senate bill makes it clear that sharing these records won't violate federal law. >> what we need to do is we need to get all the records from the states into the federal system. today over 30 states barely report any records. take tennis maynard, suspected of killing a west virginia sheriff ten months after being released from a mental hospital. he could buy a g

find out if they plan to ask for the death penalty against james holmes. >> mounting tensions on the korean peninsula >> eric: new this morning, prosecutors in colorado movie theater shooting they will ask the death bailout against james holmes. this is new video of the parents arriving in court. d.a. said he made the decision after speaking with more than 800 victims and family members. he is charged with killing 12 people and wounding 58 others during a midnight screening of a movie last summer. his attorneys are expected to argue he is insane at the time of the shooting. >> prosecutors are high alert after a district attorney and his wife were found shot to death. there is extra security outside the courthouse. the killers are still on the loose. sources tell abc news the killer used an assault style rifle to shoot the district attorney and his wife saturday night. this happened a deputy district attorney was also shot down. >> why here in are we getting a assistant d.a. getting killed and a d.a.? >> they are reviewing cases brought by the two murder cases. >> south korean says th

for james holmes justice is death district attorney told the judge. several of the victims relatives cried in court. >> thumb up to the death penalty. thumb up. >>reporter: brian beard friend alec was one of 12 people killed last july during a midnight movie premier. dozens of others were also wounded. prosecutors say they spoke to 800 victims and the family leading up to this decision. and rejected the defense offer for holmes to plead guilty in exchange for avoiding the death penalty. >> i don't know how much pain my friend went through. painful or not i want him dead. i want to be in the room when dead. >>reporter: he looked at both parents in court monday always the case now heads into a lengthy death penalty trial. new judge has been assigned. and the trial date has been pushed back from this summer to february of next year. 18 months after the deadly shooting spree. >> it's anguishing. frustrating as a victim. you are talking whole other calendar year before you get to a trial that we already know what the outcome is going to be. >>reporter: thi

why didn't she seek hospitalization for holmes? >> this is the blockbuster evidence we're seeing in more detail in this document revelation. dr. fenton has been criticized publicly for not having warned of the danger that holmes posed. now, obviously we know she did make a warning an explicit warning to a university of colorado police officer in which she apparently described him as homicidal and a danger to the public. so the thing we now have to wonder about is why didn't the university of colorado alert civilian police forces that this dangerous individual was potentially at large? you have one agency not speaking to another, it kind of reminds me of the situation pre-9/11 where the fbi wasn't talking to the cia and we didn't know about the planes about to hit the world trade center. here you have a dangerous homicidal very sick individual. university of colorado police know about it and apparently from what we're seeing they don't do anything except suspend his student i.d. card, so he's not going to cause trouble on campus. >>

now prosecutors say they're going to seek the death penalty for james holmes. last week defense attorneys for holmes offered to plead guilty in exchange for avoiding a death sentence. but the district attorney says, quote in this case, justice is death. holmes is charged with 166 counts of murder and attempted murder. 12 people died, 58 would bed in theater shooting, holmes' trial date now set for august 6. >>> what was caught on camera was actually a hoax. police release this surveillance video that shows a couple, they're walking near, this is new york city park, seconds later, there's a man in a mask, races around the corner after them, followed by another person with a plastic bag over his head according to our affiliate, wabc, witnesses say they saw someone force the woman into a minivan and speed away. now they say it was all ahoax among friends to celebrate one of their birthdays. >>> now the hunt is on for the killer of a college athlete. 19-year-old jacob was home on spring break visiting family when he was shot outside his home early saturday morning.

last week prosecutors rejected a deal to have james holmes plead guilty to avoid the death penalty. he is charged for the july 20 shooting that happened during the screening of the dark night rises. 12 people were killed, 70 injured. last month a judge entered a not guilty plea on james holmes' behalf. >>> the white house said north korea's threats are all talks. he says north korea hasn't changed their posture to back up the threats from the leader. he declared a state of war with south korea and south korea's president declared to use military action. the u.s. sent fighter jets to south korea sunday for exercises after sending bombers last week. >> designed to reassure our allies and reduce pressure on soul to take action. >> the drills should keep north korea's leader from taking his threats too far. >>> the a's hope opener is tonight at the coliseum and the rain stopped in time. ktvu's fred inglis is there. >> reporter: win or lose they are going to be exciting. the weather is gorgeous. and if fans are still streaming in for tonight's 46th oakland a's home opener and it is a sel

find out if they plan to ask for the death penalty against james holmes. >> mounting tensions on the korean peninsula and [ man ] we have a go for auto sequence start. t-minus 5, 4, 3, 2, 1... ignition. [ male announcer ] launch your internet experience on at&t's newly expanded advanced digital network and connect more wi-fi-enabled devices at home. [ female announcer ] call to get u-verse high speed internet starting at $14.95 a month -- a guaranteed price for 12 months. or ask how to get your choice of a kindle fire hd, sonos play:3 or xbox 360 free with other qualifying internet offers. [ male announcer ] and get more speed for wi-fi gaming, more reliability than ever and more connectivity between devices. [ female announcer ] so call to get u-verse high speed internet starting at $14.95 a month -- a guaranteed price for 12 months. or ask how to get your choice of a kindle fire hd, sonos play:3 or xbox 360 free with other qualifying internet offers. [ male announcer ] u-verse high speed internet. [ man ] where all systems are go. ♪ >> eric: new this morning, prosecutors in color

an affidavit said holmes stopped seeing dr. fenton. >>> the district attorney of kaufman county, texas was shopping for guns the day before he and his wife were found shot to death in his home. according to the store's owner, mike mclelland was not shopping for himself but for others. funeral services will be held for mike and cynthia mclelland. a memorial service for the couple was held yesterday. >>> the manhunt continues this morning in colorado for two white supremacists in connection with the state's prison chief, tom clemens. he was gunned down in his home last month. a clerical error allowed the man accused of killing him to get out early. but in an exclusive interview, clemens widow and two daughters say they want the focus to be on the hero victim, not the killer or killers. >> reporter: with the courage and strength most of us could only help for, lisa clemens, wed d widow of tom clemens, sat down with her daughters and anderson coop coop cooper. >> what do you want people to know about your husband? >> there's been s

these court documents show the doctor who treated holmes told the university colorado police that holmes had homicidal thoughts. they did take his i.d. after the warning but the documents didn't say what other action was taken. holmes is charged with killing 12 people and injuring 70 others in the shooting last july. your . the truth? at allstate, you could pay zero. allstate gives you a hundred dollars off your deductible the day you sign up. then another hundred off every year you don't have an accident. let the good hands reward your safe driving with a deductible that goes away. ♪ deductible rewards. one more way you're in good hands with allstate. ♪ was a record collection. no. there was that fuzzy stuff on the gouda. [ both ] ugh! when it came to our plants... we were so confused. how much is too much water? too little? until we got miracle-gro moisture control. it does what basic soils don't by absorbing more water, so it's there when plants need it. yeah, they're bigger and more beautiful. guaranteed. in pots. in the ground. in a ukulele. are you kidding me? that was my idea.

holmes had stopped seeing dr. fenton and began sending her threatening text messages. >>> new video shows texas d.a. mick mcclelland was thinking about protection the day before he and his wife were shot in their home. he was caught on camera shopping in a gun store. the gun owner says he wasn't looking for weapons for himself but others who worked for him in the kaufman county d.a.'s office, they were worried following the murder of assistant d.a. mark hasse. public memorial took place yesterday and today is the private funeral. >>> mariners/a's game, a vicious slicing foul ball. what does he do? casual, one handed, bare handed grab of the ball. the most impressive part of this catch, though, folks. what he does with the other hand. a beer in it, and he does not spill a drop. that is the guy with his priorities in order there. after a round of high fives, you can see thumb there, taking a sip of the beer he worked so very, very hard to save. >> it's so cool. usually after a big beer at a park, my reaction is a li