hair be dyed red. we knew some police sources said that but none of the witnesses saw it because he had a helmet on and gas mask. that was the first thing on everybody's mind in there. when he walked in it was dead silent. nobody made any noise or called out. nothing like that. i was struck immediately by how lost he looked. he was slumped over and shackled. he walked with that shuffle. he looked defeated and lost. kind of sad looking. i didn't see any kind of swagger or anything like that in his demeanor. >> you mentioned he was shackled at his arms and legs. he always looked to be wearing a bullet proof vest. i know he was taken through this underground tunnel between the jail and the courthouse. police, like any other sort of higher profile case. they are being careful with him.

>> reporter: they were had a lot of security. the journalists that were allowed to go through the courtroom had to go through two layers of metal detectors the and get our credentials in yesterday. they went through an extensive process of that. there were two deputies right by his side. there were five other deputies in the courtroom making sure that he was completely safe. as you mentioned he had this vest on underneath his prison scrubs style uniform. there was no perp walk or anything. he's in solitary confinement in the jail. it's right here adjacent to the courthouse. he was able to go through this underground thing. never interacted with the public or anybody else during the whole day. >> jim spellman from us in colorado. we will be hearing from the attorney for the james holmes family in san diego. that will happen in less than an

hour. watch for that. i want to talk more about this with sunny hostin. let's talk more about it. jim is right. a lot of people were waiting to see if he would have that flame red dyed hair. he did. odd expressions. we can call them odd. it was a brief stop there in court. what did you take away from it? >> it's interesting. the legal question at this point in this proceedings and we know there will be many proceedings is whether or not he's competent, not insane but competent. does he understand the nature of the charges against him. the judge was talking about first-degree. he can't get out. he's held in solitary confinement. does he understand the nature of the charges against him and can he help his defense team in his defense? can he aid? i saw someone, if he's not malingering that seems incompetent at this time to

stand trial. he was sort of very out of it. that could be medication perhaps it's he hasn't slept. who knows. i saw a very odd looking defendant. the first thing that came to my mind was okay, maybe there's mental illness here. that's something for a later date. that's something at trial. that's an insanity defense. right now for this type of proceeding can he even be found competent to stand trial. >> here is the but into your thought about, a lot of people's minds including the victims familying telling cnn they thought it was an act. this whole dazed demeanor. are we seeing the beginning, possibly of an insanity defense here? >> i think that's probably the only defense here. we've got so many witnesses in a case like this. he was caught basically red handed with the weapons in front

of his car dressed as you mentioned with the gas mask and a helmet and body armor. the only defense i can see would be the insanity defense. to your point about whether or not he was malingering. we know this is a very bright person. someone who graduated with a neuro science degree. he studied for his phd before he withdrew. he is not cooperating with the police investigation. he asked for an attorney. if you asked for an attorney you understand the nature of the vents and charges against you. there could be something to these folks that think this is a very smart person who has the wherewi wherewithal to ask for an

attorney and sits in court and appears incompetent. the court is probably going to try to determine whether or not he is competent. i think we will be hearing something about his mental state. >> we'll wait and see. colorado is a death penalty. they have executed one person since 1976. he gets charged and that's so many steps down the road. thank you very much. we are expecting to hear from james holmes family. they live in california. they have hired an attorney. they will release a statement in less than an hour of so. we'll take that. more news unfolding. take a look. they're calling it wakeup call. penn state is not too big to fail. the ncaa dropped the hammer, but the question is, is the hit hard enough. i'm brooke baldwin. the news is now. the murder trial begins for

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my money. my choice. my meineke. the other shoe has fallen on penn state today. just one day after the school removed the statue, the ncaa has hit the school with sanctions including fines totaling $60 million and the loss of 111 gridiron wins all the way back from 1998 onward. also the loss of 20 scholarships. i talked last hour with one of paterno's former players, the shame brought by this sex accuse scandal. take a listen. >> he did a lot for me. he was a father figure. he always told me the truth. that being said, i don't know what went on behind closed doors. i don't know how much information he did or did not know. it's hard for me to comment on

that. i can only talk about my personal experience with him. i can understand how the family would be very upset about the sanctions that have come down and wiping out a lot of his life's work. >> mark, that was matt hahn we were talking to. we're hearing from the family of late joe paterno and they're not at all happy, as you can imagine, about the sanctions that were leveled against the university of what become of the paterno legacy. not at all thrilled. >> not at all. we have a statement that was leased earlier by the paterno family. it reads in part, punishing past, present and future students because of sandusky's crime does not serve justice. it's a panicked response to the public's revulsion of what

sandusky did. you mentioned the impact on the late joe paterno's legacy. you mentioned the wins vacated by the football program between 1998 and 2011. that's 112 victories they have had to vacate now meaning the late joe pa tterno is no longer the winningest coach in football. winningest coach is bobby bowden. he's a former football coach of the colts. welcome. with the ncaa sanctions and the fact those wins for paterno from 1998 on or wiped out, you are now the winningest coach in major college history. how does that sit with you? >> i was playing golf this morning. teed up about 9:00. i heard nothing and after we played nine holes somebody came out with about four or five

phone calls for me. i said why. they told me about the ncaa coming down on penn state. i'm not rejoicing. my family is not rejoicing. i don't think, i really don't think anybody can until this thing is settled. until those young men have had their say so and that thing is settled. i think until then nobody can be joyful about it. what happened happened. >> what do you make of the sanctions today? we're talking about 20 fewer scholarships over the course of four years. $60 million fine. we just mentioned the wins taking away back to 1998. fair? >> i guess they felt like with the extent of what happened with sandusky and the way it was handled, i guess they felt like they had to come down hard. i didn't know whether they would

get involved or not and to what extent. i didn't expect them to take away that many games. they took 12 away from me one time. >> when they took those games, what was that like? >> i was upset. i had nothing to do with. it was something that we discovered, not them. not the ncaa and we reported it. we reported it and fired the people involved. we suspended 25 boys for four games. we lost about three of them. i always enjoyed the competition with joe. when that happened, i said that game is over. i was very upset with it. what they do, they do. >> what do you make of the statue being taken down off campus yesterday? >> i said public i thought it

ought to be taken down. i know that every time you play a ball game you'll have 100,000 people there and i know the cameras will come down on that statue and they ain't going to talk about the wins. they will talk about sandusky. sandusky. i would hate for my family to be there and have to hear this over and over and over. even the people at penn state. that's why i said that. i also said whatever the paterno family would want is what would be fine with me. that was my thinking on that. >> i have one more for you. you built a legacy at fsu. paterno was seen to have built a legacy at penn state. do they ever reach that model they had before, academics, football, tradition. is penn state as we knew it gone for good?

>> oh, no. i don't think so. there's too much good there. you had a segment of something bad. there's too much good there. that's too great of a university. they just got to rebuild. they've got to rebuild the reputation. they will do it. i hope all those boys stay there that are up there and fight their way back through this thing. we all face problems during our lifetime. this is the biggest one i ever heard of. there's no doubt in my mind. smu came back. smu came back. >> all right. thanks for picking up the phone and calling in. we appreciate it. >> thank you. cnn has learned the pentagon is concerned about what syria is saying regarding its chemical weapons. all of this comes as assad gets an offer, leave now and you will be guaranteed safety. i'm barack obama and i approve this message.

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syria said it will not use chemical weapons against its own people. this rebellion has spread to the

country's largest city. you see the fire. rebels around a burning tank that was captured from the syrian armed forces. it is quieter today than it was last week. state run syrian television says troops sent to neighborhoods seized by the rebels are reasserting control. the arab league it used to take cues straight from damascus but after a weekend in cutter the group will offer safe exit to the leader of syria to try to coax him into resigning and fleeing. i want to go straight to barbara starr. she's at the pentagon. the syrians are saying we won't use chemical weapons on our own people but the outside forces that might intervene, that's a different matter. what are the folks at the pentagon saying about that? >> this is a huge concern across washington. the israelis are saying if they

see chemical weapons on the move they will consider it a threat and they might do something about it. within a few days here everybody is going back and forth about chemical weapons. until now the administration had been firm that they were under military control and they didn't see a problem there. now a lot of people worried about it. i want you to have a listen to what the state department had to say earlier today. >> any talk about any use of any kind of a weapon like that in this situation is horrific and chilling. the syrian regime has a responsibility and the world has a responsibility to its own citizens to protect and safeguard those weapons and that kind of loose talk just speaks to the kind of regime we're talking about. >> the u.s. has opinion saying here at the pentagon, across washington that everything about syria's chemical weapons, any talk of using them unacceptable. use of them a red light.

here is the dilemma. what do you do about it? how do you stop them ahead of time if you start to see the weapons on the move. syria maintains a very robust air defense system thought to be quite capable of shooting down any airplanes from other countries that might into air space to try stood something about the weapon sites. >> it's a good question. i'm going ask my next question. thank you, barbara starr. he's author of in the lions den. andrew welcome back. >> thank you. >> let me begin with barbara's point there talking about the pentagon and concern with the chemical weapons. how would one stop them ahead of time? >> probably bomb them if they are on the move. it depends on where they're going. that's been a concern for the last couple of weeks about what is the regime doing and where are they moving them to. there's opinion a lot of reports

and speculation. washington is really in a dilemma here. fp that material gets into the hands of a rump regime that's retracting, it can be used as a deterrant. it's a marble security threat. >> let me back you up. by the government, by assad saying he will not use chemical weapons against his own people, is this his way he learn add lesson that hussein did not learn? >> he's a complete ll lly errat person. he's hard to track him. what's interesting by saying he's not going to use them against his own people is that's

great. what he is saying is i will use this against anyone that comes into my country. that's threatening any countries looking at any circumstances. that would include the united states. >> andrew, let's say, i'm going to throw you a hypothetical. you didn't want the job in the first place. you got it because your brother died. you look around at the guys who dug in. why not cut a deal? why not cut a deal and let syria move on without you? >> because it's the survival politically of his sect, not just him. that's the difference between syria and egypt and yemen. the military or an entity can act in the national interest and oust ruling family. the ruling family holds and things continue. in syria it's more about the

existence of a minority of a whole. even if he might want to leave and cut a deal, i don't think his supporters would let him. whoever comes after him would be just a perpetuation of that regime unless they had a bigger political deal to cut with the opposition. i don't know if that's possible now. we have almost 18,000 people killed and no end in sight. it's hard to know how this settles down any time soon. >> we will keep the conversation going. thank you so much for us in washington. in just about 35 minutes we are expecting to hear from the family of the movie massacre suspect. that's going to happen. my next guest spent years researching the killers in the columbine massacre. he says do not jump to conclusion about the suspect. he says the killer in this cases is rarely who he seems. don't miss this conversation. [ kyle ] my bad.

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the massacre in air aurora, colorado brings to mind another shooting spree, 1999 columbine killings, just about 20 miles down the road from the movie theater. dave cullen wrote columbine. he's warning everyone now against jumping to conclusions about holmes bizarre courtroom appearance. >> it could be all sorts of things. it could be something as simple, some people asked if he had medication. it could be also he's stressed or hasn't slept in two or three days. >> we don't know and that's your point. >> when we start making assessments, that's when we get in trouble.

>> i'm going to quote part of your op-ed. over the next several days you'll be hit with evidence suggesting one motive or another. don't believe any one detail. the killer is rarely who he seems. you say that's precisely the kind of mistakes journalist, including yourself made in 1999 columbine. >> exactly. we take fragments of information and try to put it together as a whole. think about your life. say we interviewed eight or ten different people from your life. one of your parents, sibling, an aunt. >> people i haven't talked to in 11 years. >> and even people who do know you. they see you in different capacities and moods. some people like you more than others. we all have our flaws. those people will have a certain opinion that's going to be different. like in columbine they interviewed more than 2,000 people. i'm sure they will do that here

too. they interviewed every one in the school. once they send out huge teams and interview every one imaginable, they can get a clear picture of your life. when we're getting bits and pieces, this guy or that woman who met him at different times, it's not enough to go on. if we inter viewed one of your neighbors who knows what they would say about you. >> hopefully good things. you remind us that eric harris was the cold blooded psychopath but it was kleibold who was depressed. hold up the heart. this is, i had forgotten this. he had big fluffy hearts he would write in his journals. you said his biggest enemy was

himself. he wasn't bullied. >> there's ten pages of these in his journal. the phrase i love you stencilled across them. love was the most common theme in his entire journal. it wasn't the only theme. there's lots and lot of anger in there. he's at war with himself. he's very conflicted. that's just the point. it's a complex person having a lot of different emotions. he's kind of a sweet loving kid. he was dealing with a lot of pain and had incredibly low self-esteem and was looking for love. he got involved with a psychopath who drew him into his plan. more of the killers, the psychopaths are the exception. they are quite rare. it usually turns out to be

deeply depressed people. >> thank you again. we're going to hear from the president in 60 seconds. be right back. and the first trade route to the west. we built the tallest skyscrapers, the greatest empires. we pushed the country forward. then, some said, we lost our edge. we couldn't match the pace of the new business world. well today, there's a new new york state. one that's working to attract businesses and create jobs. build energy highways and high-tech centers. nurture start-ups and small businesses. reduce tax burdens and provide the lowest middle class tax rate in 58 years. once again, new york state is a place where innovation meets determination and where businesses lead the world. the new new york works for business. find out how it can work for yours at thenewny.com.

let's pull up the live picture. we're waiting to hear from the president who is being introduced right now. looks like we're close. he is speaking. this is the annual convention of veterans of foreign wars. take a listen. >> thank you so much. have a seat. thank you for your introduction and your service in vietnam and on behalf of america's veterans. i want to thank your executive director bob wallace. your next commander who i look forward to working with, john hamilton and to gwen rankin and the entire ladies auxillary.

thank you. i stand before you as our hearts still ache over the tragedy in aurora, colorado. yesterday i was in aurora with families whose loss is hard to imagine with the wounded who were fighting to recover, with a community and a military base in the midst of their grief. they told me of the loved ones they lost and hear today it's fitting to recall those who wore our nation's uniform. staff sergeant jesse childress. the kind of guy who would help anybody. petty officer third class john

laramier. 27 years old. who like his father and grandfather before him joined the navy and is remembered as an outstandingship mate. rebecca wingle. a veteran of the air force. fluent in chinese. a mother whose life will be an inspiration to her two little girls. jonathan blund is 26 years old and veteran of three navy tours. he gave his own life no save another in that theater. these young patriots were willing to serve in far away lands yet they were taken from us here at home. yesterday i conveyed to their families a message on behalf of all americans. we honor your loved ones.

we salute their service. as you summon the strength to carry on and keep bright their legacy, we stand with you as one united american family. [ applause ] >> veterans of foreign wars, in you i see the same shining values. the virtues that make america great. when our harbor was bombed, when the fighting raged in korea and vietnam, when our country was attacked on that clear september morning, when our forces were sent to iraq, you answered your country's call. because you know what americans must always remember p, our

nation only endures because there are patriots who protect it. you're tested in ways the rest of us will never know. you carry in your hearts the memories of the comrades you lost. you understand that we must honor our fallen heroes not just on memorial day but all days. when an american goes missing or is taken prisoner we must do everything in our power to bring them home. [ applause ] >> even after you took off the uniform you never stopped serving. you took care of each other fighting for the benefits and care you had earned. you've taken care of the generations that followed including our newest veterans from iraq and afghanistan.

on behalf of all our men and women in uniform and on behalf of the american people i want to thank you vfw. thank you for your outstanding work. of course, some among you are vietnam veterans didn't always receive that thanks, at least not on time. this past memorial day i joined some you have at the wall to begin the 50th anniversary of the vietnam war. it was another chance to say what should have been said all along, you did your duty and you made us proud. as this 50th anniversary continues, i'd ask all our vietnam vets to stand or raise your hand as we say thank you and welcome home. [ applause ] >> president obama.

remember those pictures not too long ago standing at the wall commending the veterans of the vietnam war as it is the 50th anniversary. here he is speaking at the annual convention in reno, nevada. honoring those two young lives lost members of the military who served overseas only to be killed in senseless violence early friday morning. a rare moment for president obama and government romney both waking up in the city of san francisco today. you see the president. they are both back on the campaign trail. mitt romney will be speaking at the vfw event tomorrow. today they are talking economy and veterans fairs. mitt romney just wrapped up a small round table in costa me cakis a, california. he accused the president of not giving enough support to small businesses. >> the president has a jobs

council as well. this consists of leaders and industry to come together to offer advice to the president. he's not been able to find time in the last six months to meet with them. i would suggest having more meetings like this. meet with you guys or his jobs council. >> mitt romney in costa mesa, california. we want to turn our attention back to aurora, colorado. we're minutes away from hearing from his family in san diego, california. stay tuned for that. each week dr. gupta profiles innovators from all walks of life. the program is called the next list. >> before the ipad i used to joke that i make useless programs. there's useless as a song, a movie, a story, something like that. all of a sudden with ipad i could do to people and say check this thing out. we don't have to label what it is.

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mine was earned off vietnam in 1968. over the south pacific in 1943. 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. usaa. we know what it means to serve. take a look at this scene. this is anaheim, california where protesters are reacting to a police shooting that killed a 24-year-old man. people were throwing rocks and bottles and setting dumpsters on fire.

police responded with pepper spray and rubber bullets. a police dog got free and bites one person on the ground there in his arm. anaheim police chief apologized for the dog being loose and says the shooting is now under investigation. additionally here, kabc reports that it's not known if the man who was killed was armed. a truck crash in south texas takes the lives of 13 people including two kids. there were 23 people inside this truck. this was an f-250 according to to texas highway patrol when it crashed. investigators still do not know why this truck left the road or how it slammed into the two trees. people who stopped to help started screaming because the scene was so horrific. christina reyes tried to help.

>> that was the first thing that came to my mind was start couldn'ting bodies and check for pulses and see who was not breathing, who was breathing. >> the crash happened in the small town of berclair. it's southeast of san antonio. troopers are still trying to confirm victim's identities. they believe they are all illegal immigrants. it seats six people at maximum. six. one highway patrolman with 38 years on the job said he's never seen that many people crammed into one single truck. the suspected gunman made his first appearance. here he was this morning. in just a couple of minutes we're expecting a statement from his family. don't go anywhere. you'll want to hear that. their very first word was... [ to the tune of "lullaby and good night" ] ♪ af-lac ♪ aflac [ male announcer ] find out more at... [ duck ] aflac! [ male announcer ] ...forbusiness.com. [ yawning sound ]

we're talking about student loans. it's an important issue right now. we have donna and greg with us. donna, take a listen to this question that we got. >> why isn't the government doing more to give more student loans out, make it easier for students? >> do you have kids going to

college? >> one in and one going into college next year. >> if so many parents and students it's your advice? >> well, certainly, you know, i think the person is right. when you have kids in college, it feels like it's insurmountable how much you have to pay. the federal government has actually just as much aid out there, but with all the problems with the budget deficit, they haven't been able to increase, aid, and there are more people applying for aid. so there's more competition for the dollars. so you want to max out whatever federal aid you can get. the federal government isn't the only place you can turn to for aid. a lot of states subsidize loans. and that helps tremendously. and there are other sources, too. this is a person who has kids in college. there's a lot you can do to cut your tab. . you can live off campus. you can work part time. don't take on so much debt.

>> is it better to start out at the community college level? >> i'm a huge advocate of state school. i'm also an employer of over 200 people at my firm. kids going to state schools have become the best leaders in the country. a $17,000 education as opposed to a $50,000 education isn't necessarily worse. we think the kids are fantastic. >> thank you, guys. we appreciate it. if you have an issue, a question that you want experts to tackle. you can upload a 30-second video with your help desk question to ireport.com.

any minute now we are expecting a statement from the

family of james holmes. earlier he appeared in a colorado courtroom for the first time since the massacre. his family lives in san diego and it appears none of them was in the courtroom today. casey, do we know who will be the one coming out and reading the statement? >> yes, we do, brooke. it's going to be a woman named lisa domian irk. she's a san diego based criminal defense attorney to represent the parents of james holmes. arlene and robert holmes. she was contacted through intermediaries, members of the local church that the family belongs to. the family is not expected to make an appearance here. they would not disclose where the family is. she's very concerned, of course, about their safety at this time. so we are expecting a prepared

statement any minute now. she also said she will take questions from reporters. >> so statement from the attorney. quickly, casey, do we know if holmes has siblings? he has a sister, doesn't he? that's my understanding. >> we'll be waiting for that and take you live as soon as it happens. now she is still missing, but drew peterson goes on trial for the death of his third wife. we're on the case, next. y buds. bacon, donuts. -my taste buds. -[ taste buds ] waffles. how about we try this new kind of fiber one cereal? you think you're going to slip some fiber by us? rookie. okay. ♪ nutty clusters and almonds, ♪ ♪ almonds. ♪ fiber one is gonna make you smile. ♪ [ male announcer ] introducing new fiber one nutty clusters and almonds. with 43% daily value of fiber for you. crunchy nutty clusters and real almond slices for your taste buds.

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>> the previous night, i believe it was, she failed to respond at the door to allow me to bring the children home. the children were with me for the weekend. that was unusual for her. so i started calling her on the phone, and i started questioning with the neighbors, and they were also alerted, because it was unusual for her. i had neighbors go into the house. they found her in the bathtub. >> i want to bring in cnn legal analyst sunny hostin. how tough is this going to be for prosecutors to prove? >> i think it's a difficult case for prosecutors to prove. as you just mentioned, this was ruled an accident by the coroners office. and you also have the fact that a lot of the evidence is pretty old. >> apologies, apologies, but we understand -- here it is. this is attorney for the holmes family.

>> to clarify a statement made by abc media. i was awakened by a call from a reporter on abc on july 20th, about 5:45 in the morning. 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. he asked for a comment. i told him i could not comment because i did not know if the person he was talking about was my son, and i would neat to find

ou out. >> this is a significant case for a lot of people. . the victims. their families. and what people are saying to the media. ultimately is being heard by the district attorney in colorado, by the defense attorneys, by the courts, by the public. and it's important that individuals get pulled into court thinking they're making certain statements and have personal knowledge of things when they don't. it wastes a lot of court time. it's also important a case of this significance be tried in the courthouse, in the courtroom, and not in the media. the process in colorado is a bit different from the process here in california. here in california, if someone

is arrested for a crime, such as murder, the district attorney's office first files a complaint, alleging what the charges are, and then files the complaint. the first court appearance is an arraignment where the accused enters a plea of not guilty and therefore a preliminary hearing takes place. they look at what evidence the prosecution has, and to make a determination as to whether there's probable cause to believe, number one, that a crime was committed, and number two, that this person committed that crime. if there's sufficient evidence to hold the person to the charges, that an information, a more normal document is filed, and the process starts again with another arraignment, and ultimately a trial by jury. sorry.