state university, kyra. but mark emerate said his organization needed to act and needed to act quickly. he also added that no one feels good about this. you touched on the sanctions handed down just a couple of hours ago here in indianapolis. you mentioned the $16 million fine. that will be paid in $12 million installments by penn state university over the next five years and cannot come at the expense of other sports programs. that money will be paid into an endowment. penn state also vacating all wins by the football program from the years 1998 to 2011. the ncaa saying that 1998 is the year that the university's failures began. a four-year ban on post-season play. no bowl games over the next four years for penn state and scholarship reductions from 25 to $14 million. the president of the ncaa believes they have done the right thing in this case.

all the while, remembering the victims. >> this is just an unprecedented, painful chapter in the history of intercollegiate athletics. >> ncaa also saying today, kyra, that everyone needs to be reminded, especially the universities themselves that the presidents and the chancellors are the ones in charge. >> final thought, mark, explain how these penalties are even worse than a death penalty? >> well, you think about the death penalty which the ncaa president mark emmert said was on the table, it was being considered. the death penalty, of course, being the football program being banished. disappearing for a while. he said, though, the sanctions here needed to reflect a change of the culture. he said, in addition to that, they do not want to bring harm to those that had nothing to do with the jerry sandusky case. so, it's a sense of moving on.

but, yes, this university has been hit hard over these past three months. they hit even harder today, kyra. >> mark mckay, thanks so much. not only the penalties mean that joe paterno has lost his title as winningest coach, but some players lost their own bragging rights. >> evan roysler tweeted out, oh, crap, so i lost every college football game i ever played in? 12 dead, 58 wounded and at least 17 people still hospitalized as the community of aurora, colorado, and the nation still grappling with friday's movie theater massacre. in less than 20 30 minutes, tha gunman believed to be behind the carnage will make his first appearance in court today. james holmes will likely face first degree murder charges. police say holmes spent months planning out his alleged rampage.

gathering his arsenal, executing his plan and pulling the trigger with "calculation and deliberation." his court appearance will come just a few hours before his family is expected to break their silence, as well. let's get straight to don lemon who is just outside the courthouse where holmes will face a judge in half an hour. don, the first look at holmes since his arrest. >> it certainly will be. you know, it's even covering this story for days now, kyra. just hard to believe as you were reading about the suspect and what happened, yeah, the first time we'll get to see him. he has that red hair, as police say that he had when he was arrested. this is where he is now. they believe that is the arapahoe county detention center. he's going to be moved from this arapahoe detention center there is an underground tunnel and be brought right over here to the right to the arapahoe county

courthouse. there are family members inside that courtroom now. some are in a courtroom and some in a room set aside for them. they're going to get to view this hearing via closed circuit television. members of the media will get to find out exactly what happens to him. and what his frame of mind was, possibly. so, the first time we'll get to see him and hear from the people who are defending him. >> we're taking hits on your live shots. we're going to try to figure out what the technical problems are. so, stay with us, because we're going to be talking to you a lot throughout this hour. i apologize, don, we just don't want to take a risk of breaking away from you, again. we'll go back to don lemon from just outside the courthouse as we await suspect james holmes and his arrival there. meanwhile, president obama is waking up in san francisco this morning. he changed his original campaign plan so he could visit the mourning of aurora, colorado, alas alaskatually on sunday. the president briefly addressed the media after visiting with

the families. >> i come to them, not so much as president as i do as a father and as a husband. >> and mitt romney called the colorado visit the right thing for the president to do. romney also addressed the tragedy sunday evening saying, "our hearts are with the many people who have lost loved ones in colorado and other places, but particularly, we are thinking of the people in aurora, colorado." >> of all the times i have been live in iraq, what went through your mind? this is the geographic south pole. [ male announcer ] count the number of buttons in your car. now count the number of buttons on your tablet. isn't it time the automobile advanced?

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go to cymbalta.com to learn about a free trial offer. do you remember your 16th birthday, it meant usually getting your driver's license or getting ready for prom. but for joy weardyn wieber it m training for the olympics. finding her balance outside of the gym has been the bigger challenge. she wants to be the best in the world, but you'll see by randi kaye's report, there's something el on her mind, as well.

>> world champion gymnast jordyn wieber went it her own prom. keep it normal, keep her grounded and keep her at home. >> i think it's really important. i always tried to keep a good balance throughout my life with training and elite gymnastics and also just being a normal 16-year-old just hanging out with my friends. >> we were lucky because our gym was 20 minutes away and we were lucky that our school district was willing to be flexible. she has ant gone to school in the mornings regularly since fifth grade. so, now, she only goes to school for one class in the afternoons, but, nonetheless, she's still there and she still gets to go, you know, to lunch with her friends and she still goes to some of the football games and she went to prom. and i just figure those were the kind of things that you can't really go back and redo. >> dave and rita wieber knew they had an athlete in the family when she was very young. >> jordyn got involved in

gymnastics because my husband and i thought she looked like a gymnast. then when she was 4, 4 1/2 she still looked really muscular, but it was more. then i put her in a traditional gymnastic class and she's never, she's never been away from it since then. >> reporter: now the mosque ius toddler turned teenager heads to london. >> it brought me a lot of confidence, just kind of gives me a little extra motivation to do well this summer and i think, but at the same time, i have to work just as hard as everyone else. i don't really get to take a break because i did well at world championships. >> reporter: wieber's dream is to become, and carly paterson at the 2004 games in athens.

if it happens, family will have played a prominent role. >> i wouldn't be where i am today without my family behind me supporting me and always making so many sacrifices so i can go to practice and i can travel to my competitions and everything. i'm really grateful that they do that. >> reporter: for wieber winning gold would be a great way to say thanks. randi kaye, cnn, atlanta. the murder trial of former illinois police officer drew peterson is getting under way today. the disgraced cop is accused of killing his third wife, kathleen savio in 2004. she was found dead in a bathtub. peterson is also the leading suspect in the disappearance of his fourth wife, stacy peterson. ted is live outside the courthouse in chicago. the trial is expected to receive plenty of attention. what are you hearing about jury selection right now. >> well, they just started, kyra. there was a bit of a delay. a little less than an hour into this process. it is going to be a difficult

process because this jury pool was the same jury pool that they selected two years ago. so, these people have been told for the last two years, don't read any newspapers, don't watch any television concerning this. but two years has elapsed. they're now going to have to go through each one of these jurors and see how well they have adhered to the judge's admonishments and then try to pick a panel of folks that don't know about this case, but specifically don't know about drew peterson's missing wife, stacy. that cannot come into this trial. it's not supposed to be part of this trial. it's going to be a difficult task to find 12 people who don't know who have a fourth wife that is missing and on trial for the death of his third wife. >> how are they going to set a fair trial? this has been all over the news, as you know. >> yeah. well, one thing that they may end up doing and probably this will be the case, people that say, yes, i have heard about that, then they'll be questioned by the judge, can you put that aside? can you during this process just put that on the other side of

your brain, listen to the facts of this case and ignore the fact that you may know that he has another missing wife out there somewhere. a tough task, but that will likely be the route that this judge will have to go to to panel a jury. >> ted, before i let you go. you remember covering the story all of us for months and months and months and he had no problem rolling up to the cameras talking and making statements and saying things. how do you think that's all going to play out and weave into what he's facing now? >> well, the judge, the first thing is, how is he going to act in court because right now during the pretile hearings when the jury's not there, he's all smiles and looking around the room. when the jury is in the room, will he be focused and looking down and not scanning the room looking like he's enjoying himself? that will be the first thing. how does that play into it. second thing, how much of what he has done will have been seen

by this jury? the bottom line is and outside the courtroom this morning his defense attorneys were asked, people think he's a jerk. how will this play into it? if people were convicted for being jerks, our prison system would be full. they're anticipate aing this jury will keep all of that to the side. the judge, however, did not allow them to play media clips, the prosecution wanted to do that because he thought that would work against peterson and saying that would be prejudic l prejudicial. which drew peterson would they see what is expected to be a four-week trial. >> opening statements are scheduled to begin next week. i got mine in iraq, 2003. usaa auto insurance is often handed down from generation to generation. because it offers a superior level of protection, and because usaa's commitment to serve the military, veterans and their families is without equal. begin your legacy, get an auto insurance quote.

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we are keeping a close eye on the courthouse in aurora, colorado. james holmes has. been formally charged, but the suspect is scheduled to make his first court appearance any minute now. the 24-year-old former dock toral student is likely to face first degree murder charges. stay with us right here on cnn. we're going to bring you live coverage, as soon as the process begins. meanwhile, while we're waiting for that, joining me live from new york, legal analyst paul

cowan. let's talk a little bit about what to expect today. this is james holmes' initial appearance called an advisement. explain what that is exactly. >> well, it's a little different than what our viewers are really hearing. usually we hear about a criminal arraignment in most states. this is a proceeding that is before the arraignment, basically, prosecutors will appear in front of the judge. they have the right to lodge a charge against him, they could just lodge one charge, something sufficient to hold him. he could then be held for another 72 hours without bail and then, at that point, they can hand down more specific charges and a regular criminal arraignment will be set up, which will be a much more elaborate procedure with somebody entering a guilty or not guilty plea. this is going to be kind of a fast, in and out sort of procedure. i don't anticipate that you'll see a lot happening at this first appearance. >> so, okay, so, we're not going

to -- so, you don't think we'll actually hear the charges? >> no. i don't, i don't even think that -- i don't think you're going to hear entry of a guilty or not guilty plea. you're certainly not going to hear all of the charges. it's possible prosecutors could lodge an individual charge and you may hear about an individual charge. >> like first degree murder. >> yeah. they're just looking to present him to a judge so that they have the grounds to continue to hold him as the investigation continues for at least another 72 hours without bail and then when that's wrapped up, you'll see a whole host of charges asserted at a subsequent proceeding. >> does it take, what, about a month for a preliminary hearing and that's when we'll start to hear from witnesses? >> that's right. after the criminal arraignment on whatever charges are eventually lodged against him, after 30 days, then we have a preliminary hearing in colorado.

once again, in a lot of states, you don't have this kind of hearing because the case has been presented to a grand jury. but in colorado, it's likely that we will have a preliminary hearing at which time the prosecutor has to prove that he's got probably cause and a basis to hold these cases over for trial. so, that's when we'd get our first detailed look at the case, unless, of course, it's waived by the defense. >> paul callan stay with us, we're keeping a close eye on the courthouse in aurora, colorado. james holmes hasn't been formally charged but is expected to make his first court appearance today. we're following that live. we'll also talk about new details that we are finding out about the suspect and his past. stay with us.

we're keeping our close eye still on that courthouse in aurora, colorado. we also want to welcome our viewers around the world.

joining us right now, we're talking about james holmes. not formally being charged yet in the colorado mass shooting spree, but he is scheduled to make his first court appearance any minute now. the 24-year-old form eer doctor student will face first murder charges. the victims mothers, fathers, brothers, sisters, even very young children. >> john blunk, a.j.boik -- >> we will remember. >> jesse childress. >> we will remember. >> those are just some of the names of the 12 victims who died from the shooting rampage in aurora. the community held this prayer vigil yesterday and the president spoke just before the vigil after visiting with survivors and the victims' families. >> words are always inadequate in these kind of situations. i come to them, not so much as

president, as i do as a faurg a and a husband. >> poppy harlow was at last night's vigil and has been learning a lot more about the victims. poppy, obviously, a lot of grief right now. you have spoken to a number of the family members and friends. not an easy thing to do as a reporter, that is for sure. >> you know, kyra, i think it's sort of unimaginable, still, for them. the sense that i get from the family and friends of those injured and those that have been killed is shock, disbelief. but what we saw last night at that vigil that you just played part of is the beginning of a healing process here. that was one of the most touching parts of the whole vigil, i think. when governor john hickenlooper read off the names. the mayor of aurora said the pain is still raw, but we will reclaim our city in the name of

goodness, kindness and compassion and that really stood and stuck with me. so, i talked to a lot of people at this vigil from here in aurora about forgiveness. and if they believe they can even start thinking about forgiveness right now. take a listen. >> forgiveness isn't always for the person that you're forgiving that committed the crime, it's also for yourself and it's part of that healing. if you can't forgive someone you hold it in your heart, then you're going to stay angry. >> a 6-year-old little girl was killed. my daughter is 1 years old and i have a 3-year-old daughter myself. i don't think he can be forgiven. >> part of the prayers this morning not only for victims and their families and for first responders and everybody that's helping, but for the shooter and his family because, for me, personally, and for our belief system, it's not our place to judge and not forgiving only puts us in a place where we can't move forward.

>> pretty incredible to hear people who have gone through so much saying that, for the most part, they believe that they can start to forgive, kyra. but i should note, we still have 17 victims in the hospital, eight a in critical condition at this hour. this is still far from over. but last night this community, thousands of people came together. it was incredibly moving. >> well, we've been learning extraordinary details about the victims, poppy. we'll talk more about that in just a few minutes. so stay with us. according to a number of reports, the movie, the victims were there to watch when holmes allegedly opened fire "the dark knight rises." opened worldwide taking in about $160 million. we'll be right back.

we want to welcome our viewers worldwide. right now you are seeing the first live picture, and i apologize, the attorney just stood up right there in front of the shooting suspect. now the camera is pulling out into a wider shot. we'll stay on this live picture. this is james holmes, he hasn't been formally charged yet in that colorado mass shooting spree. but this is his first court appearance that has just begun. here you go, you're going to finally get a close-up shot of

the 24-year-old shooting spree suspect. we had mentioned, i tell you what, well, let's listen for a minute. let's listen for a minute and we'll bring in paul callan. >> advise of the charges. you have a right to be advised of the charges. preliminary judge made a deliberation of probable cause to believe you committed the offense of first degree murder, which is a class one felony under colorado law. ordinarily individuals are entitled to bail given the nature of the charges, you're currently being held on a no bond hold. you also have the right to have a jury trial and preliminary hearing to determine whether it is probable cause to believe that you are the person who committed the offense. mr. holmes, do you have any questions about that initial advisement? >> further advise him -- >> thank you, mr. king.

181001, we are to enter a mandatory protection order and any violation of protection order can create a new criminal defense or attempt of court. you shall not harass, molest, intimidate, retaliate against for 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 other locations the victims are likely to be found. shall refrain from contacting directly or indirectly communicating with the victims. shall not possess or control firearm or other weapon. shall not possess alcoholic beverages or control substances and you are not to commit any new offenses. if you'd approach, please. just signed a mandatory

protection order acknowledge is received on the record. any questions on the charges which -- >> we are asking for an extended period of time, be it 72 hours necessary delays. so we will be requesting until next monday. >> mr. king? >> we do not object to that. if i may approach, i do have an application if i may get your signature? >> you may. >> your honor, at that time we will also file an amendment to the protection order in this case. >> the court has signed the application to be public defender, public defender is appointed and we'll save the

matter for this monday, july 30th, 9:30 in this division. given the nature of the charges and the likely pleadings, i'm entering the initial case management order. counsel receive a copy of that order yet? >> yes. >> mrs. pierson? >> no. >> 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 sequential number therefore and the defense will be a d with subquential number thereafter. we had some filings already. the initial case management

order which i captions c2 does list the order and motion filed thus far. what i would like to do is recap them and make sure i'm not missing anything. so far, we've got c1, which is the emc decorum order that i issued. we have the p1 the motion to seal the search warrant which was filed by the people. i did grant that. we've got outstanding d1 which is a motion for access to and preservation of the crime scene which relates to access by the defense and their access to the movie theater. we'll address that in a moment. a motion to limit pretrial publicity. along with that motion, i did receive a proposed order, however, i am inclined to go ahead and just track rule 3.6 and 3.8 of the rules professional conduct. mrs. pierson, the people --

>> court will be issuing the order granting the pretrial publicity. we'll make sure counsel gets a copy. >> there is some difference between -- >> we're having issues with the audio and we apologize for that. but i think the pictures speak a lot louder than any words at this moment.

you're looking at live pictures inside the courtroom and seeing 24-year-old james holmes for the very first time since that shooting spree on friday. paul callan, i got to bring you in on this because, look, you've been in the courtroom, you have dealt with suspects like this. what is going on? is he tired? is he delusional? i mean, i know we're speculating, at this moment, but he, if you look at him, it's pretty chilling if you look into his eyes. >> well, yes. and it's, of course, the bizarre hair do which allegedly is his. trying to be the joker from the batman movie. what i'm noticing about him that is very different from a normal defend, if you can say a normal defendant in a murder case, he's just, he's totally unemotional. he's flat. people usually look very

nervous. but let's go back to the sound here, i guess. >> okay. >> we do have the motion for access to the crime scene. what is your position on that? >> participating at some point this week. >> position to give them reasonable access with 24 hours' notice? >> yes. >> all right. court will issue an order concerning that. anything further on that issue? >> did i misread your motion? because i think you addressed the movie theater? >> i apologize if that was the case, judge.

we are asking and i will amend the plea -- >> your honor, i assume they also want to make that available. >> thank you. >> your honor, we filed this morning a motion -- >> i want to bring our legal analyst, paul callan back in. you and i are going to talk about what's going on right now and we're going to talk about what you're noticing here with james holmes, the suspect. and we've got someone in the control room monitoring to see if this video gets any better and if we can understand what's taking place, but we can't even hear what's being said at this point. so, first of all, you were saying, all right, does it seem like a solid connection to the

audio. let's hold off until we know we got it going for a while. if someone can monitor that. paul, let's explain to our viewers what's happening right now as we're seeing the suspect, james holmes, for the very first time. >> well, most americans know that when you're arrested, you have to be produced in court before a judge. you can't be held indefinitely in the united states. it's illegal in every state under the u.s. constitution. this is a colorado proceeding where he's appearing in front of a judge. they haven't decided on all the formal charges against him, but the judge is taking a preliminary look at the investigation and he's made a decision that there is grounds to continue to hold him with no bail, at least until what i'm hearing is monday when prosecutors will probably come back with a more complete set of charges to advise the court about. and what i was saying to you before, kyra, about arraignments. i've been in court with a lot of individuals charged with murder,

both as a prosecutor and as a defense attorney and i have to say, looking at him, very, very strange. i'm not just talking about the red hair. he is very flat in his presentation, totally unemotional. this is unusual. of course, when someone is charged with a very serious crime, they really, they're engaged and they look very nervous. you see them consulting with counsel. he is simply looking straight ahead and looking down. there doesn't seem to be -- >> he looks like he's out of it. i don't know, is he falling asleep? they wouldn't have him on any type of medication, right? i mean what we're seeing is, is who he is without -- or is it possible that there could be medication involved? i should put that to you? >> conferring with his attorney n now. it is possible. there are two situations where he could be medicated. one is if he was medicated

previously, taking some kind of psychotic medication, he may, they may have continued that and permitted that. but, usually, at an arraignment, no drugs have occurred first. so, i think you're looking at a very tired individual combined with whatever his normal personality may be. i doubt it's drug-induced at this point. >> we're going to try and rerack the video that we were just able to roll on and we apologize to our viewers for not, we weren't able to listen to all the audio. we'll try to piece this all together. you couldn't take your eyes off of him because, you were saying it's not only the hair, but just the way he was acting and behaving. let me ask you about that. i can't even imagine what this is like for his parents, as well. it's got to be crushing. this is the first time they're seeing their son since this happened on friday.

but looking at a situation like this and trying to piece together all the facts, you know, kind of put me and put all of us in the mind set of an attorney. what are you thinking here? i mean, there is a lot of questions to and you brought this up just a moment ago, is it possible that he was on some type of psychotic medication and was it keeping up with that? i know there's a lot of questions about what was his medical mystery, his background and what was he dealing with? he went from star, brilliant student who was lecturing on neuro science to dropping out of school, kind of disappearing from friends and family and becoming a loner and now since this happened we're hearing a lot of disturbing details of what was taking place in the past couple of months. what is this looking like to you as you are learning about all the details and now seeing him for the first time and putting this altogether? >> well, you know, the first

thing that's happening today, of course, he had an opportunity appointed. the public defender, apparently, from what i heard. the second thing you heard the judge say, there's a protective order. he can't contact anybody or reach out to anybody. normally that would be sort of in a domestic violence or ordinary violence case if the defend g defendant got out you wouldn't want him contacting victims. he will remain incarcerated, i can assure you, throughout the entire criminal proceedings, regardless of what you hear in this courtroom. now, what's a defense attorney looking at? the first thing they're looking at, of course, is the possibility of an insanity defense, but before an insanity defense, the first thing a criminal defense attorney has to assess is, can the client actually stand trial? is he competent to stand trial? the attorney will be talking to him, trying to decide two things. one, does he understand the charges against him and, two, can he provide any kind of

meaningful assistance in his defense? if the answer to both of those questions is, yes, he understands the proceedings and can, he can proceed to the next step which is preliminary trials, trial and maybe insanity defense. in a lot of these case as where there's severe mental illness, which sometimes does manifest itself later in life. there are forms, for instance, schizophrenia that manifest themselves in the mid-20s. so, it would not be unusual for that to happen with respect to a particular suspect. in that case, if he's incompetent to stand trial, he's sent off to a mental hospital and, in fact, there could be years before this case is resolved. but, of course, we don't know the answer to that question because we haven't seen what he said to the police and certainly we don't have the benefit of any medical analysis at this point. but i can assure you, that's what the defense attorney is looking at first and foremost. what is his client's mental condition and how to protect his

client while he remains incarcerated in colorado. >> all right, paul callan, stay with us. you are seeing right now pictures, live pictures that just happened moments ago. the first time we were able to see 24-year-old james holmes, the man being charged in that shooting spree at the movie theater in aurora, colorado. we are following this for you now. we'll take a quick break.th is . we built the first railway, the first trade route to the west, the greatest empires. then, some said, we lost our edge. well today, there's a new new york state. one that's working to attract businesses and create jobs. a place where innovation meets determination... and businesses lead the world. the new new york works for business. find out how it can work for yours at thenewny.com. [ music plays, record skips ] hi, i'm new ensure clear. clear, huh? my nutritional standards are high.

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unemotional, his unemotiona opening and closing and his head bobbing back and forth. it is the first look that we have gotten of 24-year-old james holmes, the young man accused of killing 12 people and wounding 58 in that movie theater in aurora, colorado, overnight from thursday to friday of last week. this is the first time that we have seen him as he appeared in court just moments ago. inside that courtroom, our jim spellman. jim, we had a hard time lis epbing to what was happening inside of the courtroom, because we had audio issues and don lemon is also outside of the courtroom, and spell out, jim, what you heard the judge say. we got a little bit about the protection order and we can talk about that, but can you fill in the gaps for us that we could not understand when the audio was cracking? >> sure.

the probably the most important thing is that exactly one week from today 9:30 on next monday morning is when they will charge him and arraign him. they went through a number of the usual kind of things that they do about this that it is a no-bond-hold, and ordered him not to have any communications with witnesses or victims in this case. so, he'll be, you know, held in jail, so he would have to do that by proxy, but they wanted to be sure that there would be no harassment or anything of witnesses, but i will tell you if you were looking for from my point of view, if you were looking for clues into what was going on with james holmes, you did not get them today, because he looked bewildered and glum and certainly not any supervillain that maybe the hair was trying to portray himself as. >> and kyra, i heard you talking about the demeanor in the courtroom, and jim, you and i have been getting reports of the way he was acting in jail and under solitary confinement and some of the inmates wanted to get him and he was spitting at the police officers and they

were watching him, and he was under suicide watch, and sitting so when you saw him in the courtroom, his behavior, did he appear to be out of it to you? >> well, he seemed a little out of it, and he made a little eye contact with us as he surveyed the scene when he walked in, but most of the time he looked straight ahead and he did not look at any, and there were a few of the victims' families in there and they stared at him the entire time and did not take hi eyes off of him, and he did not look back that i could see. >> you didn't see his mother or any of the family members in the courtroom? >> not that i could. >> and kyra, the woman next to him and jim can talk about that that is tamara brady and she is a public defender and daniel king is defending him and james o'connor is their boss, but they are the people taking the lead on this. and we will tell you that the district attorney here, carol chamb chambers will be holding a press conference live here in a couple of minutes that cnn will of course carryt for you, but it is going to be interesting her prosecution on the case, and she is on term limits and almost up,

and she is a staunch defender of the death penalty which is odd here in colorado, because it is not a big death penalty case. >> she has gone for it six times before and gotten two death penalty convictions before in her office and appointed four deputies to take on the case, and that is unusual and the most that a spokesperson in there could ever recall being assigned to a single case. it is obviously complex with this what are bound to be very at the very least 70 counts, one for each victim or so and more than that and very complex case and they need a big team on it. >> she is controversial and in the media spotlight a lot, and she is also has said some kn trover shall things of bill ing the state for cases that happened in her county and it is going to be an interesting prosecution to watch here. kyra, go ahead. >> what about the protection order that the judge talked about, jim? can you talk about that and tell us what that means? >> yeah, that protection order is the order to not have any contact or harass any of the

victims or the witnesses. there were a lot of stipulations to exactly what is in it, but that is the essence of it is to not try to deal with any of them. the defense also wanted to make sure that they had access not only to the movie theater, but to his apartment, and the prosecution assured them they would at some point later in the week be able to do that of course to build the defense. >> now, what about james holmes' mom and dad? did you see them in the courtroom? there are conflicting reports of whether or not they are in there or not. >> i did not see them and nobody pointed them out to me. there were a lot of people in the court, but it is possible, but i did not see them. >> and in a statement in a couple of hours ago the family gave a statement that they wanted their privacy and they felt sorry for what happened, but they will give in san francisco a spokesperson for the family is going to come out the give a statement on behalf of the family, and the family members were inside. one of them, i think that is where you were going, kyra, with

alex teaves, a 24-year-old who d died in the shooting? >> well, don, you been learning more details about james holmes and i am wondering if we got to that all of that, because we went obviously straight inside of the courtroom. did you get a chance to tell us everything that you have been able to obtain from your sources with regard to new developments about the background of james holmes? >> yeah. when you were talking to paul, i wanted to jump in and tell you guys what we had been hearing here, and jim and i spoke about it. just about how oddly he is acting when he is in confinement here, and that they had to put him in solitary, and also afraid he would take his life and afraid that other inmates were going to try to harm him, because they were so upset at what he did. the inmates who were just released came out saying that guy was akcting crazy and eyes rolling back in his head and spitting at the door and spit agent the police officers in the

jail, and they said this guy is really, really messed up. if i can finish my thought on the family, and alex tooefs family inside of the courtroom, tear r kyra, his dad is in the courtroom and he will come out to talk to us here at cnn. bizarre actions by this gunman and not just here in the courtroom, but also in jail. you saw the family members in the courtroom, and any audible, v visible -- >> well, didn't see hear anything or see him do anything, but intently staring, whereas us in the media, we looked at him and the judge and the defense looking around. >> how many family members? >> maybe a dozen or so. it is hard to tell exactly where the family members ended and -- >> well, there was another room and closed-circuit and more family members as well. >> yes, they created a room with closed-circuit television to have some privacy in there if they wanted to watch it that way. it is not a huge courtroom and they did not have a lot of room for everybody who maybe wanted to be this there, but they did bring some of the family members of the victims directly into the courtroom. >> kyra?

>> and jim, and don, what about with, there were reports out that i was reading a quote in an article, and we have not reported it here on cnn, and that is why i wanted to throw it out to you guys here about the protection he was receiving inside of jail. apparently, another network was able to get a quote from someone who had just recently been released from where he is being held, and said that he inside of the prison had a bulletproof vest on or some sort of protective vest so he wouldn't get stabbed by other prisoners. >> and when he came into the courtroom, i could see what i think that would most likely be that. he had a burgundy sort of scrub on, and you could see the vest underneath there, and of course, the legs were shackled and the arms as is generally the case in this sort of thing. >> and kyra, the family in san diego and not san francisco. yeah, you can see the vest under the prison uniform there.

at first, we thought that maybe the woman next to him might be the mother, but no, it is not, and it is tamara brady who is going to be his defense attorney, and she is a public defender here, and from all accounts from what i have read and heard about her and also about daniel king, they are fantastic defense attorneys, and very professional and handled a lot of cases in this area. >> when they are put in together of a case like this, they want to be sure that in a case like this, they want top notch experience and somebody experienced in the death penalty case, and they have done it in this case. >> and again, kyra, protective custody, and they are painstakingly going through this, because there is so much police presence here and we had to go through several layers of the police officers asking and checking where you are going, but he was brought in and handcuffed obviously, but he was taken through a tunnel right underneath between the jail and the courtroom, taken there and then of course in court and now taken back. >> and he sat in the jury box well away from not only the

attorneys, but all of us in the courtroom as well. >> and guys, let me ask you another question, because paul callan and i were talking about this when we were looking at some of the taped video right now of the moments ago, but watching james holmes, and his head kind of bobbing back and forth and his eyes, you know, opening and closing and that led me to ask paul callan, you know, is it possible that he could have been on some type of medication for psychiatric treatment and had not been on that medication possibly when this shooting spree took place, and now that he is in solitary confinement, he's in jail, and he is obviously has got people treating him, and have either one of you heard anything about the fact that he possibly could be medicated right now? paul callan was saying that is a possibility. >> no, nope, nothing in the

background, and with the hipaa laws we don't know exactly about the medical records, but nothing. everyone said that this is completely out of character for him. that he was an upstanding citizen until this at this point, but you hear the same thing, quiet, kept to himself, and camp counselor. >> and i spoke to a man who drank beers with him at a local bar tuesday and little more than 48 hours before the attack who said he seemed totally normal and they talked about the denver broncos and regular guy at ta bar and no signs at the bar that guy could tell. >> and also, kyra, if he declared mentally incompetent which means -- >> guys, a live press here and than fox t thanks for the kmgh affiliate. >> we want to provide information in a variety of ways including through the press if that is acceptable. you saw what happened today in court. there is what is called a rule 5 advisement. where the judge basically told the defendant what

constitutional rights he could 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 proof evident presumption great hearing and we will ask the court the continue holding him without bond. so, are there any questions? >> do you -- >> i was a reporter and i'm from cbs and i was part of the media actually in the courtroom, and i was struck by the fact that he seemed to have no emotion, and did not follow what was going on and i don't think that i ever saw his head turn when conversations were being made. is he on a medication or something? or is he