>> judge jeanine: 12 innocent people butchered. another 59 injured. 7 still in critical condition. an aartment rigged to blow up any one who entered. 6,000 rounds of ammunition. what kind of animal would do this? who is this killer? and why would he cold bloodedly butcher people? some children. one as young as 6 years old. and then in the end, give up

just like a coward. hello and welcome to "justice." i'm judge jeanine pirro. live from aurora, colorado. tonight we analyze this massacre and the person accused of committing it. i'm joined by investigative crime reporter michelle sagona. tell us what you know about this guy james holmes? >> i spent the morning and early afternoon in his neighborhood visiting the liquor store where he went. at least went there three times. sabrina at the liquor store told me that. the campus where he went to school. he was quiet. he kept to himself. he didn't speak very much. a guy who lived on the first floor of his building told me he heard him hanging around a few times. he moved there last november and said during that time he has only seen him outside a few

times and mainly kept to himself. that is what we are learning. grew up in san diego. graduated there with honors. flan cross country. so many wonderful things in his wifes grew up. and then something happened. you and i both were at the press conference and we heard the police chief say this has been going on at least for four months now. >> judge jeanine: his ordering what he needed to create the horror that he created in the theater, by the way, that is literally right behind us now. at the press conference today we he learned some new information. >> we did. >> judge jeanine: and one of the things had to do with the attacked that it seems that it has been four months he has been ordering the items but also that whens in the apartment building he really didn't get involved with other people. >> he did not get involved with other people. >> judge jeanine: so this guy is a loner. what is this all about? >> it is odd. also the fact that he was going through the dropout process

through the neuroscience program. going towards the end. that is i think another key point in all of this. when did all of that go wrong? when did he start to go down that path? and if they get in there, if investigators can get into the computer and everything else that he was on and figure out key points i think we will start to build that background. >> one of the things we know now is obviously he had the apartment rigged and wanted to kill whoever opened the door and then fire would be created. but the police have now pretty much gotten it into a situation where they can preserve some of the evidence. now, we will start to get a sense of who he is. what do we know about his affiliations, do we know what his, you know, what did he believe in or not believe in? did he ever have a girlfriend. the guy is a little older. you would think he would have had friends. >> friends, girlfriend. anything. folks that i have spoken to, no

one has seen him out with another girl. >> judge jeanine: how about a girl ever? >> a girl ever. >> judge jeanine: even in college? >> even in college from what we know. there could be folks throughout listening right now and maybe they had some types of interaction. if you have i encourage you to contact the judge right now because we want to hear from you. >> judge jeanine: his parents. they seem to be normal people and certainly our heart goss out to them if, indeed, they had no warning signs and no idea this kind of thing was even brewing. >> based on what you know have you heard with this website that he was on? some kind of adult website? what is that all about? >> adult friend finder and the report came from tmz. they extract the information out. i reached out to them and haven't heard back yet and investigators won't comment on it. >> judge jeanine: there is talk

he found other adults he could have sex with. >> within the last three days prior to the shooting. went on put very intimate information about himself on there. and just different things that he was looking for, sexual things that he may want to encounter fer tha if that was m that was on there. that is important to understand his state of mind prior to the shooting and then when went in to set the music to go off at 12:00 and then again at 1:00 and thank god that woman in the building when she went upstairs. >> judge jeanine: she didn't open the door. >> that she did hot open the door. that was a -- that she did not open the door. that was a blessing junichi the down stairs woman in the apartment heard the music so loud and had to go to school the next day. actually went upstairs to the third floor and thought about opening the door. i don't know if it was the angels or whoever protected here. as the police chief said this afternoon there is no question she would have died if she

opened the door. >> when was taken into custody at the movie theater behind us he tipped off investigators. >> judge jeanine: as to what was going on. >> if he really wanted to harm someone back at his apartment building why would he have said anything in the first place. who knows if he was on drugs or again what sort of state of mind he was in. i thought that was interesting. >> judge jeanine: what about now that he is in jail what can you tell us about what is going on there? >> i did speak with the jail in the last hour. he is facing murder are charges as you mentioned. he will appear in court 9:30 on monday morning. they would not comment specifically on the fact if he is in solitary confinement. >> we are hearing that he is in solitairely. >> and i was told that you you can reach out to the public defender's office here is the number because he is being represented by someone with the public defender's office. that is another new piece of information. >> judge jeanine: michelle, thanks so much for your report

here today. and up next, our "justice" special on the report on the massacre at theater nine continues. we are going to speak to a victim who barely survived and take a look at legal case against james holmes. stay with us. for a fun new friend... shelters are the best places to find one. you don't say. there you'll discover healthy, loving animals... waiting to become a part of your family. we'll always be the best of friends. to find out more, visit theshelterpetproject.org.

>> judge jeanine: this is a fox news alert. you are looking at a candle light vigil at the aurora high school in colorado. people honoring the 12 dead and the 59 injured from thursday night's massacre at a movie theater. many people wearing purple as a sign of solidarity with the victims and their families. a tragic tragic scene. the white house just announcing minutes ago that president obama will travel to aurora tomorrow to meet with the victims and their families. and shooting suspect james holmes is due in court monday

morning. the start of what could be months of legal proceedings. with me from washington, d.c. is clinical psychologist dr. stanton. from new york, former nypd lieutenant commander and here in colorado, former fbi criminal profiler candace delong. thanks for being with us this evening. and candace, i'm going to start with you. you are a criminal profiler. what have you seen about this guy that triggers some thoughts in you about where he fits in the profile of criminals? >> westerlies i was a psychiatric nurse long before i was an fbi profiler and i worked with people that did this kind of thing periodically. some of the things that we know he did the night of the shooting of indicative of mental illness. >> judge jeanine: what? >> a few red flags. one is people sinking into mental problems when they do this kind of thing erupts

violently. often times they imtate a murder or murderers they are fascinated with. in this particular case the fictional murderer the joker. another thing is they are loners and they acquire weaponry. those are all indicators had any one seen this coming those would certainly have been the red flags that this guy needs to be picked up and brought in for evaluation. >> the fact that the guy is a loner and he, you know, he is into a movie. >> that is not -- >> judge jeanine: what would the signs be that tell you this guy is on the edge. had we known about acquiring four tore five weapons including assault weapons and 6,000 rounds of ammo. people don't do that that just want to seed their garden. he was preparing for what he did. >> judge jeanine: that was on a grand scale. vern, what can you tell us about this guy based on what you have read and heard about?

i mean what does it tell you? >> well, he is not like any other mass murderer. most mass murderers are angry loner psychotic individuals who harbor a deep revenge towards their fellow man. this individual who systematically prepared for this was actually acting out a fantasy in which he was going to take on the persona of the joker. and whether or not he is delusional or whether or not he is psychotic it doesn't really matter. he actually took on this persona and went to that location bent on acting out this very sadistic and evil act in which those poor innocent victims merely became props in his highly violent fantasy. >> vern, what was this guy angry about? with we watched this play out. what was he so angry about? we still don't know what he was angry about. >> the joker kills

indiscriminately. he took on the persona of the joker. it was fun to kill okay. nd for whatever reason he did what he he did. i don't think anybody is going to put a motive ton. he is acting as a comic book killer and takes on this alter ego that gives him a power that he doesn't really have in life is something to consider. >> judge jeanine: doctor, let me ask you this. you have written a book inside the criminal mind. what do you know from what we heard about this guy so far? where does he fit in the scream of your book? >> with all due respect there is absolutely no reason to assume that he is mentally ill unless you want to torture the definition of mental illness. i interviewed dozens of offenders. these are people who do not announce their intentions to others. for years they with harbor fantasy. people who pursue power and

control for their own sake. could be very accomplished but if they had a film of their lives they were difficult in many respects when the world didn't two the way they want. they drop out and become loners. another reason they are loners is they have an awful lot going on inside them. the fantastic sizing and scheme and they don't want to share with others. >> judge jeanine: and i will throw this out to the three of you and i know it is tough because we are on satellite here. what do you think in terms of this guy being a loner. do you really think that absolutely no one else knew about this? >> i don't think that at all. i think the people he was closest too, whatever closeness that was. what is the most recent affiliation with the grad program. this man has tremendous academic accomplishments to get to where he was in the phd

program at university of colorado. he either was asked to leave or voluntarily left. he started acquiring guns just before that. >> someone, an instructor, advisor, student. >> must have known. >> must have seen something. >> judge jeanine: do you think he was alone in the planning of this horrific crime or was there somebody out there that knew what he was doing? >> absolutely was aloan. he built a self-esteem. i'm sure as he acquired the materials that he had and booby trapped his apartment i'm sure with each passing day he built into the alter ego and when tried on the ballistic material, the helmet, the leggings, it gave him a power he didn't have before and i think that is what drove him. when went to that movie theater he was ready.

>> judge jeanine: and let me quickly, doctor, do you think he was absolutely alone in this or someone that knew what he was going to do? >> absolutely no reason to assume that any one knew what he was going to do. these are people who harbor ideas and fantasy and share them with nobody. on the outside may appear entirely normal and on the inside seething at a world who they think doesn't give them what they are due. >> judge jeanine: coming up next, what was james holmes' motive? why did he do what he did? and this is a special edition of "justice."

>> judge jeanine: this is a special "justice" report on the colorado movie massacre. the one that claimed the lives of 12 innocent people and injured dozens more. all right, guys, let's continue on the conversation. i'm going to go to you, doctor. you wrote the become "inside the criminal mind." is this guy a criminal or is he insane? >> judge, the crimes are sickening but you it does not mean he is sick. there is no and i underline no reason to assume that he is mentally ill. the evidence so far suggests that he was purposeful,

deliberate, and calculating in what he did. and that this thinking went on over a period of weeks and even months. >> judge jeanine: months. months. okay. vern, i will go to you. is this a criminal mind or an insane mind? >> i absolutely believe it is criminal mind and no one is talking about the word evil. this is an evil act. and whether or not he was is fantastic sizing about being this alter ego the bottom line is 12 people are dead and many people are injured. i don't see insanity as a viable defense because of the preparation and systematic preparation and how he played this off up to and including not opening fire until the firing in the movie began. actually having people believing it was part of the props. and most of these psychotic individuals in mass murders end up committing suicide or getting shot by the police. he surrendered meekly to the police. >> vern, i love that you went there. here is the thing, vern.

number one, in most of the mass murders we see that they are either shot by the police, that they shoot themselves or that there is, you know, an attempt on the part of the defendant to escape. this guy surrendered like a coward even though he had on ballistic leggings and a throat protector and groin protector. why did he wimp out at the end? what does that tell you? >> because he ising. >> to bask in the lime light whenever anybody goes to the movie "the dark knight rises" he will be remembered as the colorado shooting. he is now in celebrity in his mind and i wouldn't be surprised if he continues to act that way. >> and judge, you have to realize there is excitement at every phase of a crime. certainly like this. thinking about about it. fantastic sizing about it. excitement en route to the crime. preparing for it. committing it and then in the publicity thereafter. >> absolutely. i think i definitely agree this man is now a celebrity and i

put that word in quotes deliberately. >> i agree. >> judge jeanine: and i have to tell you, doctor, i hate even using the guy's name. let me go back to candace. you heard the guys. deliberation, planning. i was at the press conference with the chiefs and everyone else. months. months collecting the stuff that he needed for the crime. criminal mind or insane mind? >> i think it is criminal. but we need more are information going on the last few months as to whether or not he is insane. psychotic people are capable of planning things out. there have been horrible, dreadful. so worst crime scene murders i have seen committed by psychotic people hearing voices and delusional yet they bought a gun and hid evidence. >> judge jeanine: and asked for a lawyer. do you think that we will ever know this guy's motive? vern, start with you. >> after the immediate media

blitz stops and the defense attorneys start bringing in the clinical people to find an apology for this bad conduct i think eventually he will be giving in views. he is going to for the rest of his life attach himself to a particular persona. and that is a murder cop's perspective. >> judge jeanine: will we ever find out the motive? >> i don't think so. i think there is a lot that will not come out. i think if we had a film of this man's life we would see a lot more that would be evidence of a criminal line and just as in the columbine case and others there are always going to be far more questions than answers. >> judge jeanine: and that is a shame. but final question, candace delong, you are the fbi profiler and the chief said today in the press conference that there will be people brought in to get a sense of what motivated this guy. will we ever know his motive? >> i think we will. i wouldn't be surprised if when

all of the dust settles here he does tell someone. his reasons why he did this no matter what crazy or not are going to be horrible but they will make perfect sense to him. >> judge jeanine: scary stuff. anyway, thanks so much for being with us this evening. >> he he is evil. >> judge jeanine: and up next. james holmes' apartment was booby trapped to kill. how did the accused shooter get his stockpile of guns and ammunition? stay with us. pirro

live from aurora, colorado. for all your latest headlines, fox news .com. make no mistake this apartment was designed i say based on everything i have seen to kill whoever entered it,

okay. and who was most likely to enter that location after he planned and executed this horrific i'm? it was going be a police officer, okay. make no mistake about it what was going on there and if you think we are angry we sure as hell are angry. >> judge jeanine: chief oates. the bomb squad disarmed the multiple booby traps at accused shooter's aurora apartment hoping to find clues to his motive but without destroying evidence. guys thanks for being with us this evening. i'm going to start with you, kevin. the fact that he wanted so much to create more havoc at a second crime scene. what does that tell you, kevin, about the mindset of this guy? >> he wanted to make a statement that he would be rear remembered as one of the previous guests already mentioned. this was going to be the tial step of destroying all of the evidence and remains in the

apartment. >> judge jeanine: and but destroying all of the evidence what is very strange, kevin, is that he apparently had a timer set at midnight to start some house music that was loud disruptive and just repeated itself and went exactly for one hour. what is that about? >> that was more than likely trying to pull a victim in to make it a victim activated bomb. and the timer could have also been used to activate and arm his explosive system. >> judge jeanine: okay. the music. interesting. and david katz i will go to you now. we know so far he had four guns. two 9-millimeter glocks and ar 15. what does the choice of weapon

tell us about this guy? yes. >> picked some of the most devastating weapons. i believe the glocks was .40 caliber. he had a .12 gage shotgun which in a closed in area a is a devastating weapon. he took an ar 15 rifle with a hundred gun magazine. add the two handguns as backup he has probably i would have chosen tactically the exact same weapon system. he news what he was doing and wanted to inflict the most devastating amount of carnage he could. >> judge jeanine: it doesn't seem that he had any military background. how did he become so sophisticated to booby trap the apartment where it would blow up and then a fire would start in the rest of the apartment? >> i guess kevin that is yours.

>> well, i would say that as brilliant as this man was he used the internet to obtain the information he needed to make the home made explosives to make the chemical mixtures. it was recorded earlier that they had liquids they thought would be mixed with a trip wire and if it was disturbed. we had chemicals that would have caused a reaction and then begin a fire or explosion in the apartment. well, thought out, well planned. everything that this individual did was well planned. >> i agree completely. >> judge jeanine: what about the body armor. co-buy the guns legally and get the ammunition legally. what is what the body armor. david katz, i haven't heard about kevlar vests and ballistic leggings. where did you get that kind of stuff. you can't buy that on the internet? >> yes, you can. go on ebay. >> can you? >> yes, he is wearing full

tactical vest and ballistic ammo and leggings. the ammunition carried by the police officers would not be effective against that kind of armor. he has a .223 caliber rifle. he knew what he was doing. thank god it wasn't worse than it was. the only thing that i can't come to a conclusion about is why he he went so meekly and didn't resist because he could have put up one hell of a fight. >> judge jeanine: that is exactly where i was going. david, kevin, why did dog this guy didn't resist? >> no idea unless he dropped back into reality. >> you have the situation where maybe at some point you will find out he was abused sexually as a child. >> judge jeanine: i could care less if he was abused as a

child. >> i could agree with you, jeanine. i don't care why. acting out when you are arenac from feeling a. g. of powerless isness you are attacking people unsuspecting and unable to defend themselves. when confronted by a police officer your courage is evaporated. >> judge jeanine: in the end he is a women and coward. >> exactly right. >> -- he is a wimp and coward. candace, you said there was someone else who rigged their police hoping the police would get blown up. who was it? >> the unibomber. he was working on a pipe bomb when we knocked on the door. >> there you have it. thanks so much for being with us this evening. >> thank you. a pleasure. night. >> judge jeanine: next. he narrowly survived being shot in the neck. one of holmes' victims speaks

one of holmes' victims speaks to justice. [ male announcer ] if you had a dollar for every dollar

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we still have seven patients in the hospital. we have three patients on the regular floor or trauma floor and four patients in the intensive care unit. of the four in the in tennive care unit two remain in critical condition but they are

stable. >> judge jeanine: i'm joined by -- i'm joined by zachary goldage who was shot in the neck by jame james holmes. zach, what does it feel like to be here tonight? >> it feels really good just blessed and fortunate i was able to make it out alive. >> judge jeanine: but the movie theater is right there. >> yeah. >> you are sitting with me now. it was just over a day ago. how are you doing this emotionally and physically? >> emotionally i try not to think about it that much because luckily for me i wasn't inside the theater where he was actually shooting so i didn't get to see that much. >> judge jeanine: you you were in the next theater. >> yes. >> judge jeanine: tell us what happened to you in the next theater. what are you hearing and what is happening? >> about 20 or 25-mile-per-hours in the movie and there is a a gun scene.

iroko veronica moser and hear talk going on and mare shock coming up from a couple of seats and a guy pulls up his arm oh, what is this. he had like a hole new hampshire his arm and he was redoubling pretty bad. >> the guy next to you gets shot. >> he was up of couple of rows and next thing i know i hear a bang behind my ear. i thought someone took a firecracker and exploded right behind me. i was in shock. my ears were ringing you know and i thought my ear had been blown off. i kind of fell on my friend's lap in pain and then i felt blood hitting my hand just rapidly hitting it. i was like i need to get out of here. i got up and jumped over a row of seats and ran out of the theater and saw the guy that hit first helped me and i stopped too and saw my whole hand was all bloody and it was

just bleeding all over, you know. and then i was like i'm hit really bad and i see other people starting to run and i look to the left where theater nine is and they were all running out, too, and i was like hey someone is in here causing trouble. i ran out and went across the parking lot and went across the street and then actually was at the corner back there. >> judge jeanine: hang on. before you get out, you think that there is a firecracker. you don't realize that you you have been shot in the neck behind your ear. and i understand that the bullet went in and came out. >> penetrated here. >> judge jeanine: see if we can get this on camera. goes in the front and comes out thing. >> goes in here and exits around here. >> judge jeanine: the bullet literally went right through. and did you know you had been shot. >> i did not. we were inside the other theater and firecrackers it looked like and i thought someone was playing a mean joke

throwing firecrackers. >> the pandemonium you realize you have been shot and other people have been shot. >> that wasn't until i got down because i was at the corner. i walked down to the intersection right over there and construction workers were there that were working on the road and they saw me and took me in and they were like hey get him a towel. >> judge jeanine: how are you sitting here now you have been shot in the head. how does this -- are you okay? >> i'm fine. the doctor said i was just really, really lucky. >> judge jeanine: you are not only lucky, you are strong. >> and i mean i think i handle pain pretty well, you know. >> judge jeanine: obviously. do you know any of the other victims? >> i know of the one a.j. who was unfortunately killed. i never really talked to him that much but he was a gateway student and i saw him around. just sad to see that he was lost. >> judge jeanine: what do you think should happen to the shooter? >> i don't really like to say

you you know because he went and killed a bunch of people, man, he should be tortured or he should, you know. >> judge jeanine: what do you think should happen to this guy? >> i think he should get, i don't know it's crazy but i he think he deserves whatever is coming to him. >> judge jeanine: what is coming to him in your world of justice? >> just mental suffering, you know, like try to get him to realize like what he did, you know. >> judge jeanine: are you going to go back to that theater? >> probably not. you know. because i have a closer tow ono my house but they don't show midnight releases. >> judge jeanine: will you ever go to a midnight release again? >> probably way down the road. i was talking to my friend and he was saying this is such a tragic event and people were so close and there is crazy people throughout and they might try to do something like this.

>> judge jeanine: zachary is 17 years old and already offered a scholarship to colorado state. he plays football. we are proud of you. you are a hero. thank you for being with us this evening. >> thank you. >> judge jeanine: up next, james holmes appears in court on monday. what is going to happen? will he plead insanity? will he face the death penalty? we will talk about it with a former colorado fort lauderdale. stay with us.

>> judge jeanine: the aurora police chief held a news

conference earlier today and i asked him about the prosecution of james holmes. >> chief, you talk about the fact that there is a federal state local agencies working together. you have two separate crime scenes here. will this be prosecuted by the locals or by the feds or is it possible that both or will it depend upon the -- >> i have had quite a few conversations with the u.s. attorney and, of course, the district attorney and at this time everything is pointing towards a state prosecution on all charges. >> judge jeanine: holmes will be in court on monday where we might possibly get an idea of what his defense will be. his public defender will be a gentleman by the name of daniel king. with me now is defense attorney and former prosecutor jeffrey gold. thanks for being with us this evening. >> thanks, judge. >> judge jeanine: we know that monday he is going be arraigned. do you think the arraignment is going to happen or do you think that they will talk about competency? what is going to happen. >> likely that they will at

that time plead not guilty by reason of insane etan. they can do that and still be not guilty as well under any other kind of defense. there is an exception. generally speaking in is a case like this if there is an arraignment. >> judge jeanine: if you you have a case of momentous proportions like this case they haven't even had a chance to go through the whole thing with the defendant. would profferwith proper insanity? >> that is something that would normally come later. under colorado law you plead is now and still can have all of the other defenses. it is just the way it is written in the statute. >> and that makes it an affirmative defense. the prosecution has to prove that he is sane. >> an affirmative defense. once it is asserted and they put forward a little bit of evidence dos the state have to

compaq and prove that he is sane. >> judge jeanine: you and i both know that insanity doesn't generally fly. do you think that people will say you have to be out of your mind to do this or say you know what, enough with these excuses? >> i do. remember that the shooters in columbine were dead. there was nobody to hold accountable. the people of colorado are waiting to hold this fellow accountable. one thing i haven't heard in all of the media today is about the media today. it the booby trap. he thought about it and said this is going to be the joker's joke. someone is going to hear that music and come in and what is joke. >> judge jeanine: and the amazing part is there is a woman who lived downstairs and went upstairs to open the door because she heard the music and all of a sudden backed off. gives me the chills to think about it. >> he played the joker, not the batman. had he played the batman maybe

he could say he was doing the right thing. >> is he crazy or evil? >> the test is a mcnaughton test. he has to not know the difference between rite and wrong. he is fulfilling a character. this guy knew right from wrong. >> judge jeanine: and knew to ask for a lawyer, didn't he? >> that is exactly right. that is the first part whether he will be incompetent for reasons exactly like that. >> i looked at the colorado statute and i thought it was very interesting the way the colorado legislature exempted from it insanity acts that are born of revenge, hatred, anger. basically the colorado legislature was saying you know what, we don't like the fact that if you are angry and we can prove outrage you are angrd that you are hateful that you

are going to use insanity. we are not the going to let you do it. >> and they are not going to allow temporary insanity like the recent pilot for jetblue was only insane for 30 minutes he has to real by be out of his mind just as you said. >> judge jeanine: don't you think there has to be a history of mental illness or some sort of outrageous behavior? >> i don't think there has to be a history. if he understood what he was doing which is creating an intimate cat plan to make a movie scene in a movie theater and have a booby trap as a little side joke that the joker would make this guy is going be convicted. >> judge jeanine: can he get a fair trial? >> that is a hard one. he act like a terrorist. >> he is a terrorist. >> the true definition would an

intimate mow hetive. >> thanks for joining us. tune in tomorrow night at 9:00 p.m. where we will be right here in aurora for part two of our special report on the colorado movie massacre. before we go the chilling sights and sounds from the horror at the aurora theater. >> team six. we have another person outside shot in the leg. a female. i got people running out of the theater that are shot. >> we need rescue inside the [ break in audio ] torauditorium. multiple victims. as many ambulances as we can to the dillard's lot. >> seven town. >> i have a child victim. i need resources is cue at the backdoor of theater nine now. >> i need a medical crew. i have one victim. >> do i have permission to

start taking some of the victims via car? a whole bunch of people shot out here with no resources crew. >> load them up in cars and get them out of here. >> suspect is going be a male unknown race. black camo outfit. >> we may have a number of people dead inside the theater. okay if they are dead there is just leave them we are in a mass casualty situation at this captioned by closed captioning services, inc.