she said mitt romney does not believe it's the government's responsibility to provide people with free stuff. mitt romney will institute reforms to control the cost of health care so that eventive care will become affordable. so we asked, what is he going to do to make preventive health care affordable. we were told things like promote competition, allow consumers to purchase insurance policies across state lines, encourage consumer report type ratings. empower individuals and small businesses to form purchasing pools. so that's his idea of how to get preventive services affordable to americans. >> thanks so much, and you'll be back tomorrow with more on mr. romney's health care plan. i'm carol costello. thank you for joining us. cnn newsroom continues right now. >> thank you so much. hi, everybody. i'm ashleigh banfield. it's 11:00 on the east coast, 8:00 a.m. on the west coast. here's where we start this morning. a big, big storm. tropical storm isaac.

it's already passed the florida keys. it's now enroute to the gulf coast, a place that does not need to see it. let me show you what the storm has already done, from one ofory ireporters in the keys, high winds, heavy rain, and a lot of flooding. right now, three different states have declared states of emergency before the storm even hits. alabama, mississippi, and louisiana. >> i would recommend to our people, let's hope and pray for the best even as we prepare for the worse. obviously, now is the time to make sure you have evacuation plans, you know where you would go. >> that is the governor of louisiana, that's bobby jindal. and our rob marciano is in his state, live in new orleans for us. oh, my lord, wednesday, the seventh anniversary of hurricane katrina making landfall.

it's just spooky that that's exactly the day we're expecting it to hit louisiana. >> yeah. even more surreal is the fact that kind of taking a similar path. what's a bit of a bright spot in the equation is it's nowhere near the strength that the hurricane was at the same position seven years ago. there we go. by the way, the latest advisory is in. i know chad will be going over that. still a tropical storm, but you heard from the governor and his concerns there. mayor mitch land rue wrieu was g to the pub all and the media regarding the plans when the evacuation orders are ordered, and here's what he had to say about that. >> our position right now is we're not going to have any shelters as a last resort. people can't rely on the city shelters people in the event -- and we'll take any precautions we need to protect people, but unfortunately, people hear that the wrong way and they don't make provisions for themselves and their families and we get

into the situations we had in katrina and rita. we do not want to do that again. the shelters do not exist at the superdome and the convention center. that's why people have to think what their plan is. >> that's the plan. when mandatory evacuations going into effect. the elderly, they're going to take care of them. they'll take them to the bus terminal and get them out of there, they haven't pulled the trigger on that and they won't unless it ramped up to a category 3 or higher. another reason they're confident is what is behind me here. this was not here seven years ago. this is the 17th street canal, one of the many vivid and dramatic images we have seen of a hole punched through a levee. choppers dropping sand bags to plug it up. now the army corps of engineers built this, including 11 20-ton flood gates that can drop down and block the lake pontchartrain water.

eight of the massive pipes that have the ability to pump about 8,000 gallons per second out of there to relieve some of the flooding situation. you have three of these, 140 miles of ramped up levee production across the city, so that's why there's no mandatory evacuation here, but outer liar parishes, there are, and people are on the move there. given that, though, we got in yesterday, lines around the block for gas stations. and to fill up their tanks. a lot of gas stations are now empty because people are that much prepared and anxiety is that high. >> yeah, i can imagine they are. you don't need to go door to door calling on bull horns to get people to evic wait and pay attention to the news. but by the way, that's a really, really remarkable view behind you of what a difference seven years can make. let's hope that the material you're looking at behind rob is good enough for a cat 3. who knows if it will be? let's get to chad myers. you heard rob talking about the latest advisory.

i often wonder if i skip a couple hours of the news cycle, if things change. could it end up as a cat 3, what are the implications? >> still possible to get to the cat 3, although right now, we're only high cat 1. we're not even to the cat 2 before landfall. the reason why i think the hurricane center has brought the numbers down is nothing really happened overnight. the storm is not up to a category 1 hurricane right now. it's still a tropical storm. the pressures are falling, which means the storm is getting stronger. we just haven't seen the wind speeds react to that lower pressure. there's the storm right there, and into the central gulf of mexico. very warm water here, but not quite as thick and warm and deep as the water was when katrina was in very similar water. there's the forecast track right through plaquemines parish. there's the mouth of the mississippi. this could go left or right, but the closer we get to landfall, which is about 35 hours from

now, the smaller the cone gets. we're going to start focusing on the middle part of the eye and the middle part of the cone as we get closer and closer to landfall. anywhere from about gulfport all the way back here where i backed up in new liberia. it's still over plaquemines parish on to new orleans and on by. it's only a 90-mile-per-hour storm. that's great. i'm not sure that could hold. the hurricane center yesterday, we talked about this for 20 minutes on air. he said at this point in time, 36 hours out, we could be plus or minus a category or a category and a half. it could still be a tropical storm e or it could be a small category 3. don't let it out of your sight. a lot of convection or florida. that could cause more tornadoes today. small waterspout tornadoes onshore or landing on land. there's the idea of what it's beginning to look like. a better ball. getting itself together. the better it looks, the higher the wind speeds go, and i think

for sure this gets to be hurricane strength as it makes landfall somewhere across the northern gulf coast. >> i almost feel like i could split screen you with the 2005 reports with the path. i'm curious about the temperatures of the water and the size of the storm at this particular moment. there is a difference, isn't there, between katrina and isaac? >> at this point in time, katrina -- even last night when it left key west, katrina was a category 2, now approaching category 3. this storm here isn't a hurricane yet. the thing is when this -- i tweeted this out a couple times last night. once the storm gets an eye and it begins to really get a heat engine, it will get quicker. it will get stronger fast. it hasn't got organized yet. as soon as it does, you put the foot on the pedal and the gas in the storm is going to explode. it's taking this long time to get there and happy it is because as soon as it gets an eye, it's going to be a big storm. >> all hands on deck. thanks so much. >> and we'll check in with chad as things waurbt s warrant as .

for now, isaac injections the one thing that modern political conventions do not have. that's unpredictability. rnc delegates for now are undeterred by all of this, and brooke baldwin joins me with all of that. i'm trying to figure out, if i'm a delegate, do i fly, drive, cancel, get a plan b? maybe i shouldn't say plan b. do i get a plan c? what is going on where you are, brooke baldwin? >> good morning. i think i may have jinxed us earlier because i saw blue skies and the rain has started again. as far as plans a, b, c, d, for most part, the several,ant delegates are in town, they thought ahead, thinking if today would have been worse than what we're seeing, certainly, the airport here in tampa would be an absolute mess. we did learn that congressman paul ryan was supposed to come to town today. he's coming to town tomorrow.

when you're out and about, it's easy to run into delegations. yesterday, we were talking to a number of delegates from north dakota. when you think north dakota, you don't think hurricanes, you don't think tropical storms. they don't know how to handle that, they know how to handle blizzards. i said, how do you know what to do? they said, we're relying on florida. take a look. on the eve of what was supposed to be a full first day of the republican national convention, this person is prepared for a possible storm. >> i packed a flashlight. i never packed a flashlight on a trip before. >> you packed a flashlight. >> you're prepared. you're prepared delegate. >> she's from north dakota. back home, she and her state's party chairman stan stein are used to battling blizzards, not tropical storms. >> we're watching the weather channel just like everybody else. we're used to doing blizzards in north dakota. we handle them fine.

we watch hurricanes on tv. >> delegations from north dakota and connecticut thought they scored with this beachfront property near tampa. instead, all eyes are on isaac. the rnc has suspended monday's session. the governors of alabama and louisiana are staying home. and florida governor rick scott canceled his convention's speaking appearance to stay on top of his official duties as the storm threatens his state. in fact, governor scott is asking floridians to help all of the out of towners cope. >> we make sure that the delegates are coming, they have information about how they should act around here with regard, because some of them have never been around a hurricane. floridians, we deal with these things. >> like the hotel general manager, clyde smith. >> this is a closet we try not to use too often. >> he's weathered his fair share of hurricanes and he has his guests covered with a closet full of flashlights, megaphones

and lanterns just in case. >> what are the chances you're going to be using any of this this week? >> we'll probably going to the flashlights a little bit and maybe the rain suits. we're doing a little sand bagging to protect some of the scand sculptures out back, but i don't think we'll have to do major sand bagging to protect the building. >> this north dakota delegate isn't too concerned. she reminds us why she's here, rain or shine. >> i'm excited about just the energy that comes from everyone together with the same values and the same desire to just to make the united states a better place. >> of course, ashley, cindy told me she's a little frustrated like a lot of the other delegates that the four-day convention they're in town for is now condensed into three.

she did off camera say to me, there is one positive. that is shorter speeches, wink. just telling you what she told me. >> i hate to say it, i'm a total 93rd. nerd. i love the speeches. i'm glad you're going to be okay. brooke, good to see you. thanks for that. >> thank you. >> oh, i'm so sorry. i thought we were going to commercial break. hello. we have a lot more coming up from tampa ahead. we'll preview day one of the rnc. it will be a short day. there is something happening. in just a moment, you're going to meet the youngest member of the platform committee and now it's time for a break. ordinary rubs don't always work on my arthritis.

try capzasin-hp. it penetrates deep to block pain signals for hours of relief. capzasin-hp. take the pain out of arthritis. you can continue to watch cnn from your mobile phone and from your desk top. go to cnn.com/tv. it's a great way of catching up on the go. >> one of the items on the convention agenda for tuesday is going to be approving the platform. the platform, a blue print of the republican party's

principles. it's been getting a lot of attention over the last week. mostly because of that one specific plank, abortion. of course, it came within that whole wake of the comments from congressman todd akin about, quote, legitimate rape. that's what shined the spotlight on the plank. joining me now from the cnn grill in tampa is jackie curtis. the reason is she's the youngest person on the platform committee. a member of alabama's delegation in that convention. and jackie, you actually had a part in forming that plank. you helped to draft the original part of that plank, and yet, you put your hand up and said, hold on there. i think we're missing something. can you tell me what it was you thought you were missing, why you put your hand up to say so, and how you were received when you did? >> yeah, there was an amendment opposed -- an amendment that was sponsored to ban to have the fda ban any drugs that could be

considered abortive. the language was really broad. i simply raised my hand and asked if that included the morning after pill for rape vict victims. and the answer i got, it told me that it might, and i wanted it to be very clear that it did not count the morning after pill for rape victims and that we did have an exception there. when we voted the amendment, it passed, but we started discussing about the exceptions, and i think that's really important. >> so just to be clear, when we are talking about pills, abortive style pills, the plan b style pills, the ru 486 pills and it doesn't allow for any of the pills, correct? >> it does -- it wants to have the fda ban any pills that could be abortive. >> so how big tent is that? especially for someone like you who by the way i think the reason you put your hand up was about todd akin's comments and they need to be discussed because they had not been

discussed. if the republican party wants to be considered a big tent party, how big tent is it given what you went through and how do you feel now post that discussion? >> yeah, i think the republican party has so many aspects of it that are big tent, that people can get behind. and the social issues may have dominated in the media last week, but we have the economy and jobs and the national debt, and those are the most important issues for american voters and the young people like myself, and hopefully, those things are big tent and hopefully those are the things people will be voting on in november. >> listen, i know you're 22, and i barely even remember being 22. i almost don't remember 32. you're going to have to walk me back and let me know what it's like for someone your age to get excited about a candidate who some have said is old and stodgy. i don't feel that way. i think i'm closer to his age than you are, but that seems to be the criticism of romney, he's detached, older, perhaps paul ryan has changed that for you. i want to feel what you're

thinking, about this candidate. are you excited about him? >> i am excited about mitt romney. and the thing is, it doesn't matter how old the candidate is, it matters that he represents the things that i believe in and i believe in smaller government, and i believe in more freedom. and i believe in less regulations, and that's why i'm excited about mitt romney. and i'm excited about paul ryan, too. >> how about your friends? your friends who are also in their early 20s? perhaps you're very engaged in the process, but what about people your age who are not as engaged. can he grab them? >> i think we can grab them. i have friends that have never been excited before about politics, but they're graduating from college with me now, and they realize they don't have job prospects even though they have one or two degrees, and they want a change. they want to be able to find jobs. they want to know they're going to have security later on in life. that's what is most important to young people, and mitt romney delivers that for us. >> jackie, i think you have a long career in this business if

you show choose. nice to talk to you. have a good time when it finally starts. thanks for being with us. >> thank you so much. >> jackie is joining us from what will be the convention site. going to have gavel in a little while but not a full day. we want to know from you what it's really like to experience the republican national convention from the inside. so we want you to know that tomorrow, you can join the cnn roundtable with wolf blitzer and cnn's political team. you can submit your questions, get answers in real time in this live virtual chat. don't miss the cnn election roundstable. tomorrow, 12:00 noon. good thing to do. politics in the morning. just logon to cnn.com/roundtable. ugh." we're lifelock, and we believe you have the right to live free from the fear of identity theft. our pledge to you? as long as there are identity thieves, we'll be there. we're lifelock. and we offer the most

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now to the horrors unfolding inside syria. there are signs of civil war. if you can believe it, growing even worse. a northern suburb of damascus, evidence of aerial assaults by government forces. take a listen for yourself. not what you want to hear from above when you are a civilian below. the opposition says pro regime

helicopters are what is up in the sky, what you're looking at in your screen, firing on rebel forces, but one of the helicopters did not fair so well. we have the video to show you as it comes crashing down. you can hear the now familiar cry. you can see the chopper bursting into flames, but we at cnn can not confirm the authenticity of the video. it's just a glimpse of the explosive clashes across syria today. it is obvious not a day goes by that we don't hear terrible stories of carnage out of syria. on saturday, a horrifying death toll. this one topped 400. it's significant because it marks the deadliest day in syria to date. since the crisis started a year and a half ago. and the worst of the stories are

coming out of the suburb of damascus, daraya where the carnage continues, and the activists said more than 245 bodies were found in just the past two days. my question is this, if they're just finding these caches of dead bodies, i don't understand how it's happening. are the government forces trying to hide these bodies? and if they are, don't they want the rebels to see them to inflict terror on them to make them stand down? what is happening? >> let me walk the viewers what we have been hearing because we have been hearing conflicting reports out of syria. we started to hear on saturday from opposition activists that a massacre had taken place at some point in the last sfrbl days, over the last week, and that on saturday, residents and activists started to find bodies. by saturday night, they had found at least 200 bodies. by sunday, they had found at least 45 more bodies.

that puts it at 245 in just daraya in two days. the claims from the activists is the military had been fighting with the rebel free syrian army forces and they had gone house to house and started killing people indiscriminately. that's what we're hearing from activists. the syrian regime putting out a different story. they have been showing video purporting to show syrian forces in daraya, having cleaned up the streets. they show video with residents there, with the residents thanking syrian forces for having vanquished terrorist elements they say had taken over in the past few days. there has been a clash there between rebel free syrian army forces and the syrian regime and hundreds of lives and hundreds of victims, that's what's so appalling to the people we have heard from. >> well, regardless of whose story is the right story, we know one thing is for sure. those who aren't dying on a daily basis are running for

their lives. and many of them we have known have been running north to turkey. now we're hearing a lot more about them running to jordan in the south, and jordan can not really afford that. they have had to deal with the palestinian influx over the many decades of refugees, but now this. >> that's right. and just today, to highlight how dire the situation is, just today, there's been a statement from unicef in which they're appealing for at least $54 million to try to make sure that the right amount of aid is provided for those syrian refugees in jordan, in the refugee camp there. they're saying there's at least 17,000 people there that in the last few days, at least 2,000 people showed up there, crossing the border, going to that camp, and they expect at least 70,000 refugees there by the end of this year. they simply can't sustain it with the amount of money they're getting now. we have heard again and again of refugees from syria going to neighboring countries, iraq, turkey, lebanon. it's getting more and more dire.

the humanitarian agencies are more concerned about this. the conditions for the people where the fighting is happening in syria is completely dire. now we're hearing the conditions in the neighboring countries where the refugees can also go, dire. a worrying situation for the neighboring countries and for the refugees trying to get help. >> and you're in libya, thank you so much for those of you who did not get out, who did not get to a neighboring country, and to those who perished, we had a number. the activists said well over 20,000 -- 20,000 people have now been killed since the vileanole began last march. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve,

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breaking news to report to you. sadly as many kids are returning to school, many for the first day of school since summer break, we have a shooting out of maryland. this from the baltimore county police department.

there was a shooting at perry hall high school. we're showing you aerial shots right now. here's all we know. one student has been shot, and that student has already been taken to the hospital by medevac. the police are telling parents in this vicinity if they're concerned, they can be reunited with their own kids at a nearby shopping center, but again, so many kids going back to school for their first day, i don't know if in this particular school, perry hall high school, it's their first day back, but just sad news to report, a shooting of a student at the high school in baltimore. don't know the condition of the student at this time, but we know the medevac has gotten that child to the hospital. we'll keep a close eye on it and bring you any updated information as we can. again, this is baltimore, and this information coming courtesy of the baltimore county police department in maryland. more information as we get it in the meantime, the other

big story we're following is tropical storm isaac. it changes by the moment. we have a live radar for you so you can take a look at how it's changed from the top of the hour until now. it's steadily moving to the warm waters in the gulf of mexico, and if you will remember, it wasn't even seven years ago, only two days shy, an eerie similar path of hurricane katrina. isaac is expected to make landfall on tuesday or wednesday. and again, that would be the seventh anniversary of katrina. louisiana, mississippi, alabama, already declaring states of emergency before the storm hits. some areas are under mandatory evacuation already and it's not just coastal residents impacted by all this. there's a business story, too. oil and case supplies, dozens of oil platforms and rigs are directly in the path of isaac. it happens before and they know what's coming. christine romans is here to break down the impact. they think, people, get them out of there. there's people and oil in the rigs. >> and they're getting people

out because it's lives and livelihoods and there's been a dry run. 2008, hurricane gustav looked just like this path as well. that was a category 1 storm and that caused a great deal of damage. they're closely watching that. a quarter of the oil production in the region has been suspended. you have about 333,000 barrels a day. 39 platforms evacuated, eight rigs evacuated. you can see how many platforms are there. there are hundreds of platforms with people on them in the gulf region on the eastern edge of all of that, they have already been evacuated. many, many more now. refiners and emergency petroleum supplies and oil depots and all of these other infrastructure, you can see how wide -- >> all those dots are production. now i'm going to add in the pipelines and shipping terminals, and you can see that this is a storm that is taking a bull's eye approach to the heart

of america's oil, gulf of mexico oil production. >> you say the platforms in the water, the rigs on the land, right? so far, eight rigs? >> sometimes drilling rigs are out in the ocean. >> what's the difference between a platform and rig? >> it depends if they're manned or not manned, if they're permanent. some they can pull out of the way. there's a lot of different facilities. inland, they have these refineries. they make chemicals and other products, too. all kinds of ware houses. there's a lot of facilities. they're expensive facilities. >> that infrastructure you put up is remarkable. by the way, not withstanding the danger to the people in the direct path of the storm, i have to ask you about the gas implications, the price at the pump. >> fill up your gas tank today. numerous experts this morning have told us, fill up your gas tank today. as we talk to the energy companies and oil companies, they're shutting down production. there was a huge fire in venezuela over the weekend. 41 killed in that refinery fire.

that facility also has oil, gasoline for export to the united states to citko gas stations. you have these two things happening at once. preparations for the hurricane, expected to be a hurricane, and a big fire in venezuela. you could see gas prices higher in the near term. >> we'll check out how it does impact. thank you. amazing with that graphic. i knew it was a lot. thank you. >> by the way, it looks like right now, tropical storm isaac is going to miss most of florida's west coast and tampa. that's significant because i don't know, 50,000 people headed there for the republican national convention. so far, dodging a bullet, so to speak.

we're about two and a half hours away from the first ten minutes of the republican national convention. here's the problem. with isaac still too close for comfort, the party chief reince

priebus is going to pound the gavel to open this up at 2:00 p.m. eastern and then he's going to promptly shut it down and ajourn until tomorrow. the news never ajourns, though. paul doesn't get a break, does not get a day off. there's going to be this one very important bit of business taking place in the short ten minutes. tell me what it is. >> yeah, they're going to unveil what they call the debt clock behind me. 2:00 eastern. it's going to be a quick ten-minute session and then they will ajourn until tomorrow. they're going to balloon during the four days in tampa. that's part of the point here. republican national committee, the romney campaign, they have been going after the president, saying he's making matters worse when it comes to the federal debt. when it comes to trimming the deficit, mitt romney would do a better job in the minds of americans than the president. other than that, a short session, but we'll be here live. >> that's what you call seizing the narrative and getting the

economic debate front and center. especially as you walk in the front doors. since you're great with the numbers and the polls, why don'tio let me know what some of the most recent polls are telling us about how likely voters are judging the candidates on the issues. >> here are the answers, this is our national poll, and there are three issues, on foreign policy and terrorism, the president has the advantage in our cnn/orc poll. that's no surprise, especially this administration responsible for the death of osama bin laden. the president coming out on top of that. what about issue number one on the bottom, the economy, the top issue in the minds of americans. mitt romney has a slight advantage in the minds of likely voters. >> slight advantage. just within that -- just outside of the margin of error. interesting to see. paul, thank you. stay dry where you are. a reminder to everybody tonight at 8:00 eastern as part of cnn's republican national convention coverage, join us for a terrific provile of the presumptive

presidential nominee mitt romney. it's called romney revealed. familyering faith, and the road to power. reported by gloria borger. followed at 9:30 by a preview of the convention itself. all things republican convention right here on cnn tonight. ♪

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we all know that prescription pill abuse is a huge problem across the country, but the worst state of all might

just be kentucky, according to the newspaper. addiction killed about 1,000 people there a year. what is worse, the tiniest victims of all of this are the newborn babies. you're not going to believe the report. the newspaper is saying more than half of the babies in one hospital mfs neo natal hospital unit one day this month, half were suffering from drug withdrawal. unbelievable. state-wide, kentucky has seen hospitalizations for newborns climb. 29 in 2000, but 730 last year. laura is a medical writer for the courier journal newspaper doing a two-year series on prescription drug abuse. i could not believe the headline. what is going on in the state of kentucky? and is it different than there rest of the country? >> kentucky has a really terrible problem with prescription drug abuse. we have one of the worst problems overall with

prescription pill abuse in the country. especially in our appalachian area, eastern kentucky. so because of that, that's a major driver in these numbers. and also, we have issues with adka adkwsy of treatment. there's not enough addiction treatment in kentucky, particularly in the rural areas. so we have a big problem, but not enough treatment. and a doctor shortage as well overall for our state. >> so something i read in your reporting just made me sick to my stomach. as if the facts themselves wereened bad enough. they're now administering to these babies, licorice flavored morphine, and some are so sensitive to light they have to be kept in little isolation chambers. what else are they doing to help these tiny babies going through a very, very adult painful

crisis? >> well, certainly, the medication is a major part of a lot of the treatment for the babies. but some of the babies with more mild cases really, the treatment is sort of tender loving care. they need a lot of holding. they need a lot of, you know, patting on their backs. just care. the nurses really have to hold them a lot, and they cry a lot. and so that's really a difficult thi thing, but nurses, volunteers, parents, you know, work on giving them than tender care, that's an important part of the treatment as well. >> tender care is one thing, but the whole thing is so sickening. then you think about the long range prospects for the babies. do we know at this point what percentage of the little babies are going to be okay as they grow up or how many are going to be extraordinarily troubled? >> actually, there's not a whole lot of long term research,

partly because it's a fairly new phenomenon in the scheme of things. the long-term research isn't there at this point. but there is some evidence that these babies grow up to have higher rates of adhd and behavioral problems. so those are a couple things that have been observed. >> well, laura, i'm really glad that you and your paper dedicated these kinds of resources to do this long study to highlight this. it's just devastating to read, but it's just frightfully truthful. laura, thanks for being with us. >> okay, thank you. to the milit, and commitment is not limited to one's military oath. the same set of values that drive our nation's military are the ones we used to build usaa bank. with our award winning apps that allow you to transfer funds, pay bills or manage your finances anywhere, anytime. so that wherever your duty takes you, usaa bank goes with you.

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we are learning more about the man who allegedly shot up that colorado movie theater back in july. james holmes, remember, the orange hair and the dazed look in that courtroom? we well, he may have apparently sent a cryptic text warning to another graduate student to stay away from him, because quote, i'm bad news. all of this two weeks before the shooting. it is reported in "the new york times" that james holmes also appare apparently asked the fellow grad student if she had ever heard of something called dysphoric mania which is a form of bipolar disorder and is it possible to play into a insanity defense?

and how good could this be for james holmes? legitimate? is he legally insane? any hope at all? joining me is attorney mark eiglarsh from florida, and i have been going through all of the things that have gone through moment by moment inside of that theater and action by action with this young man and matched them up with the statute, but i want to start with the text first. when he writes something, if he did, stay away from me, because i am bad news, does this show us that this man knows right from wrong? >> well, that is what the prosecution is going to argue. the defense is going to say, it goes to show that he has a mental illness, and he was getting treated for it, and he is not me lingering and this is not manufactured to excuse the horrific act, and he really was being treated. he knew what he had, but that is one component, ashleigh, and the

second component is that at the time, because of the mental illness or defect, he didn't know right from wrong and if we go through the facts, there is a wealth of facts that the prosecution can point to that shows that he knew right from wrong at the time. >> and well shgs, i'm glad you mentioned that, because i think it is critical that you suggested the me lingering and the faking it, so anyone who tries to assert this in court, i'm legally insane and they have to prove they are not faking it and this text message may help to prove the point, and i see that point, but going through the facts of the crime. he propped open a door, allegedly and he wore body armor and that urban assault vest and the ballistic helmet and the groin protector and all of that material ostensibly, because you would not want to be hurt by any return fire. >> right. >> and he wore a gas mask, allegedly, and then allegedly threw smoke bombs and he booby trapped the apartment setting off music so he would not be nit, but other people would be

in it when the bombs went off. what does that tell you about knowing right from wrong? >> oh, it tells me that, i am not going to be on the jury, and i would add also that he had the presence of mind when he is executing the innocent people, okay, my gun is out of bullets and let me move on to the next e weapon of mass destruction and it jammed and let me move on to the next. there is a lot of information we know and don't know that would support your and my theory that he knew right from wrong, but that being said, who bears the burden of proof in colorado? the state does. after john hinkley got away with shooting the president, most state, 35 said, no, no, the burden is now on the defense to prove that the person didn't know right from wrong, but in colorado, it is different. there are a handful of states, including colorado, where the burden is on the prosecution beyond and to the exclusion of a reasonable doubt to show that the person was sane. that creates some issues for sure for the prosecution. >> that is tough. i mean, that is tough. it is i have always said that

you are tough to prove you are legally insane if you are the defense, but the prosecutors in colorado have the say, no, no, forget about the insanity story and we will prove it. and the second prong is the nature and the consequences of the actions and you have to understand the nature and the consequences of your actions if you are to be found giuilty. so do any of these things not suggest that? >> well, let me just say this, in colorado, there's only three people on death row. there's only three. i think that there is a reason for that. i think that oftentimes the prosecutors for many reasons are more inclined to say, you know what, we will waive the death penalty just to agree to g away for life and that might possibly happen here. >> i'm talking casey anthony now, because that is a lot of people who said maybe they should have waived the death penalty to get a conviction, but to convict her with a death penalty hanging over her head

was tricky. can you stick around for a little bit? >> i'm here. >> i tell you, what i have another story i want to bring to your attention, remember john walker lynn, a and he was caught up in the huge raid up in afghanistan and i was in afghanistan when this happened and i was astounded at the time that it was an american and fighting the guys in the north. it turns out he has been put away for quite some time and it was not a life sentence, but a long sentence and the father came to his defense saying he was a kid and didn't know what he was doing, but now we have word that he is part of a suit against the feds saying, i want the ability to pray with a group of fellow muslims in my federal prison. >> sure. sglft there are a couple of issues. number one, tell me about the

law when it comes to federal law of why you can't pray as a group, and the optics of make i that kind of argument. fire away. >> first of all, what he is asking was already done in 2007. this surprised me when i read about this case. he is saying that i want to go back to the good old days where you let us, warden, in 2007 pray as a group. the warden is saying, yeah, but things changed, my friend, my 20-h year-prison-serving friend. and you guys were praying as a group and we did disband because there is a fire alarm going off and you continued the pray and that among other things creates a security concern for us, and so no more. and the judge is going to say, i will defer to the warden on this john walker lindh, enemy combatant. >> and it is fascinating, because regardless of how you feel about the law and it does create an optic which is troublesome for him if his father was making the argument na he is a misguided youth. and it is fascinating to see you again, my friend, mark eiglarsh from miami.

>> thank you, ashleigh. >> and stay tuned, because "newsroom international" starts right after the break. anagement advisor can help you. every step of the way. from big steps, to little steps. since 1863 we've helped guide our clients, so they can take the steps to help grow, preserve, and pass along their wealth. so their footsteps can help the next generation find their own path. all of us serving you. us bank

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