we are. we are going to come together. we are going to be together, pray and honor those victims. after this vigil the governor and mayor of colorado steve hogan talked about that mind set one of their towns coming together. the state has a lot of spirit. here's what they told us. >> it is not this senseless act of violence that marks us as a community. it is the lives and acts of these heros and the innumerable acts of kindness, love and care for our neighbors that defines who thewe are. it won't be easier to move forward, it may take days, months, maybe longer, but the family of those gathered here

today we remain here for you. our community is here for you. colorado is here for you and always will be. god bless. >> people are wondering what's left. the accused gunman james holmes will be in a courtroom at 9:30 local time a very brief hearing he will be informed of his right. we will not likely hear awe lot about the charges. from what we understand james holmes in a jail cell about 13 miles from here has basically shut down refusing to give any information at home to investigators, to police

officers. don't expect much of course not much of a defense can they mount once the trial begins. the only way to defend appears to be an insanity defense. we do not know. this is a rallying spirit a town coming together here in aurora, colorado. we will have more on where the story goes at 5:30 a.m. 9:30, 11:30 eastern time. >> james live in aurora. thank you. kelly wright joins us now. >> president obama travels to aurora to serve not as commander-in-chief but counselor

chief. reaching out to victims and families and entire family still stunned. president owe barack obama met with each family dealing with the anguish of the senseless act of violence. he came to them not only as a president but as a father and husband acquainted with their grief. >> you confessed to them that words are always inadequate during these situations but my main task was to serve as a representative of the entire country and let them know that we are thinking about them at this moment and we will continue to think about them every day. a prayer vigil was being held nearby. more than 12 who tragic lee lost their lives and pray for dozens of more injured in the deadliest shooting in history.

the president said he hoped the vigil would help them heal. he is praying for the entire community of aurora. >> i hope over the next several days and weeks and months we all reflect on how we can do something about the senseless violence in this country and also reflect on all of the wonderful people who make this the greatest country on earth. >> he stated he will wipe away every tear from his eye another that will there be mourning or crying any more for former things pass away. that is his reference to revelation. back to you. republican presidential candidate mitt romney said the president's visit to aurora was the right thing to do. he opened a fundraiser with a

moment of silence for those victims. >> time for your 5 at 5:00. the top five stories making news at this hour. we begin with a developing story out of iraq. today is already shaping up to be one of the blood yis days the country has seen since the u.s. pulled troops out in december. at least 50 people were killed 150 injured in a string of shootings and car bombings overnight. nearly 2 dozen people ran off the road crashing into trees including at least 11 people. 12 sent to the hospital. they have not identified the victims but two of those were killed two were young children. they are not sure what caused the crash. >> jury selection is said to

begin in the crew pee-- drew peterson trial on charges he drowned his wife in a bathtub back in 2004 so she would not make off with their money in a divorce. he is wanted in the disappearance of his 4th wife stacy peterson. his trial has been delayed over four years because of argument over hearsay evidence. the same argument could hold up today's hearing as well. government forces were able to drive rebels out. in damascus taking back the border crossing in iraq. rebels continuing to fight. obama administration increasing aid to the rebel fighters but not to find them with any weapons. more than 19,000 people have been killed in the violence. an emotional homecoming for an american pastor who was kidnapped in egypt. the reverend michelle lewis was

surrounded by 1500 family members and friends at his church in boston. he described the moment when he and another american churchgoer were abducted by a local egyptian man desperate to get his uncle released from prison. here is his uncle in native creole. >> they beat her up pointed guns to her but he did not have doubt god was going to let him die. >> lewis thanked republican senator scott brown in particular s. that's your 5 at 5:00. >> good morning everyone. we are talking about more hot temperatures across the center of the country we are experiencing one of the worst krouts in the last several decades. the heat is not helping out the conditions out there like in

kansas city. we are expecting high temperatures at 105. 95 degrees almost into the tr triple digits we are expecting a hyatt 98. chicago 103 as we head into the afternoon hours. parts of the great lakes into the northeast there could be heavy down poors across the northeast as we head into the afternoon hours large hail damaging wind gusts even isolated tornadoes. we will keep you updated through out the day as they watch across parts of up state new york pennsylvania and parts of wisconsin and michigan into the northern plains. we will continue to see the hot temperatures and dated for some. they are in the triple digits through out thursday. heat index values expected to

reach 100 degrees. we will tell you what might de rail a price cut. thank on this is next. >> what was going on in this guy's mind a. former homicide detective is weighing in. >> we remember the victims and survivors of the deadly shootings. happy birthday! thank you, nana

send money to anyone's checking account with chase quickpay. all you need is an email address or mobile number. you're welcome. take a step forward and chase what matters. >> announcer: meet mary. she loves to shop online with her debit card, and so does bill, an identity thief who stole mary's identity, took over her bank accounts and stole her hard-earned money. now meet jack. after 40 years, he finally saved enough to enjoy retirement. angie, the waitress at jack's favorite diner, is also enjoying his retirement. with just a little information, she's opened up a credit line, draining the equity in jack's home.

unfortunately, millions of americans just like you learn all it may take is a little misplaced information to wreak havoc on your life. this is identity theft, and no one helps stop it better than lifelock. see, ordinary credit monitoring services tell you after your identity has been stolen. they may take 30 days to alert you-- too late for jack. lifelock has the most comprehensive identity theft protection available. if mary had lifelock's bank account alerts, she may have been notified in time to help stop it. if jack had lifelock's 24/7 proactive protection, he could have been alerted by phone or e-mail as soon as they noticed an attack on their network, before it was too late. lifelock has the most comprehensive identity theft protection available, guarding your social security number, your money, your credit, even the equity in your home. while identity theft can't be completely stopped, no one works harder to protect you than lifelock. you even get a $1 million service guarantee. that's security no one can beat. you have so much to protect and

nothing to lose when you call lifelock right now and get 60 days of identity theft protection risk free-- that's right, 60 days risk free-- use promo code: notme. order now and get this document shredder to keep sensitive documents out of the wrong hands-- a $29 value, free. call the number on your screen. [♪...] oy>> it is 14 minutes after the hour. here's what you missed while you were sleeping.

another shooting in afghanistan. a man wearing an afghan security uniform killed 3 civilian con dra tractors for nato. they say the victims are americans. the shooter is also dead. two other attacks have left five nato shoulders dead. beef is recalling 30,000 pounds of ground beef. it may be contaminated with salmonella. 33 people from the states have gotten sick. they recall 13 pound packages of 85 percent lean ground beef. it was sold in super markets and can be returned. >> rob breert gray is here. >> not happening any time soon but next month fair watcher.com says prices could drop 20 percent because of the surcharge

they put on sometimes in the summer this will be going away. >> sir charges are going up i am understanding. >> we saw something a couple weeks ago they are going higher. we have seen prices going up. one interesting things is they have changed the rules there's more transparency. they are hidden in the fine print. now they are outlined even though it's not going away. >> they build it fast to make sure you get what you are paying for. >> she consecutive weeks they have seen it go up. there was a concern about the economy. food prices falling a lot. seen the stronger dollar out

there for international investors in dollars both of those factors not expected to change any time soon. prices back up 3:47. up $0.07 in a week. still below where it usually is. that's the bright side. >> it is 17 minutes after the hour. forget about making a ton of friends. you only need a handful. it is simply out of this world this time lapse video.

>> welcome back. quick headlines for you. reports of tax payer identity theft has more than doubled more than 641,000 people fell victim to this scam last year compared to 270,000 in 2010.

so this is what happens. a person gets a social security number files a fake tax return before the victim does and receives the refund on their debit card. the irs will spend more than $330 million this year to fight that problem. it's a whole new way to look at the earth. photographer showing what it is like to fly by planet earth at nearly 18,000 miles an hour. the breath taking time lapse video using thousands of photos taken by crews from the international space station. >> very cool. >> it is 21 after the hour. we are learning some new details about the colorado shooting suspect and his chilling plot. we know his gun range membership raised some red flags. police discovered unusual batman items inside his booby trapped apartment. what does all of this stay about his possible motive? rob wheeler joins us live from

washington, d.c. thank you for being with us. >> good morning, patty. >> one of the most impressive things you say is it would have been almost impossible to detect this guy in advance. >> this loan wolf difficult to detect who they are. there is no immediate red flags that stand out. they don't have the criminal history there's nothing to really attribute to them. there may be some things that raise a red flag. i applaud the gun range owner because he did notice the voice mail on this guy's phone when he called that guy's phone the voice mail sounded rather creepy according to the gun range owner. he wasn't going to allow the guy to come to this particular gun range. >> that was appropriate. on the other hand there's -- could he have gone further? probably not. what are police going to do if you call them and say i have a gut feeling about this guy he seems creepy. not really enough to act on. >> you know what? actually we can some what act on

that. that's an excellent point, patti ann. any time you notice something a little out of the usual. a very buizarre situation notif the police. let us check him out. let us have a conversation with that guy. there's one other red flag i heard about yesterday. this guy received a lot of packages to his workplace. an unusual amount of packages and boxes and supposedly this is the gear that he was wearing and possibly ammunition. even that itself should have been a red flag where somebody should have at least had a conversation with this guy patty. >> let's go through some of your specific warning signs. one of them is making inappropriate references to guns or other weapons. somebody who is a gun nut should raise a red flag you say. >> absolutely. somebody that always talks about rep upons. i tell you something else that's a real red flag is someone who has a tattoo on their body of different types of weapons. i suspect this guy in this shooting here he probably had a

tattoo of the joker on his body. he probably had tattoos of weapons on his body. those are red flags. >> a fascination with fast incidents or perpetrators who have conducted violent acts. >> heusure. somebody who seems to be attracted to these kinds of cases they always think about these types of cases. again another red flag. >> statements indicating desperation of families, financial or other personal problems. some of that going on with him. >> that in addition to somebody who is using a whole bunch of different types of comments making different comments about weapons and then just overall strange behavior, bizarre behavior. then a person who is some what of a loaner. engage that person in a discussion. they are saying this guy holmes was some what of a loaner who is very quiet. you have to engage that person. patti it is very important we see what's on these people's minds. >> we certainly know that now. >> thank you so much. >> coming up we head back to

aurora, colorado for a live report. living on the edge a rescue team swoops in after a man falls in a cliff diving tame president. >> you might think it is getting you that perfect color. be careful why pregnant woman using tanning lotions should listen up. on this day in history the ford motor tore temperature cells its first car. with the spark cash card from capital one, sven's home security gets the most rewards

of any small business credit card! how does this thinwork? oh, i like it! [ garth ] sven's small business earns 2% casback on every purche, every day! woo-hoo!!! so that ten security gators, right? put them on my spark card! why settle for less? testing hot tar... great businesses deserve the most rewards! [ male announcer ] the ark business card from capital one. choose unlimited rewards with 2% cash back or double miles on every purchase, every day! what's in your wallet? here's your invoice.

>> welcome back to "fox & friends first". i am ainsley earhardt. >> i am patty ann brown. 29 minutes after the hour. >> yes it is. a tribute in aurora, colorado. ♪ >> the somber vigil taking place ahead of today's court appearance for the suspected shooter. dave briggs is live with the report. dave back in his home town. >> it was very strange to be back in my home town. i recognize so many people are hurting. they are taking the next step in

aurora, colorado when james holmes returns to court he will be informed of his rights. that will be a brief hearing. but you have really got a sense of the passion of this community last night at the vigil. thousands of people coming together to honor the 12 people killed in the midnight shooting 58 others injured. we should mention 9 are still in critical condition. that count unfortunately could go up. >> so many people are asking why th in this community. it may be impossible to arrive at an explanation that would make sense to us. here's what he said about the spirit of this town and how they are dealing with the tragedy this morning. >> it is not the simplest act of violence that marks us -- it is not the senseless act of violence that marks us as a community, it is the lives and acts of the heros and ennumberable acts of kindness, love of our neighbors that

defines who w are. >> the sign behind them reads we will not fear, prayer, love, people, peace. those crosses were planted there by the same man who did the exact same thing after the columbine shootings in april of 99. it is difficult for me personally to walk over there to see the names to see the teddy bears the tributes the football helmets and of course bronco hats. payton manning a new member of this community has been calling all of those in the hospital one-on-one to have a little talk to see if he can lift their spirits. you see a sense of the town coming together starting to turn the page this morning. >> back to you. >> the president also making a visit to aurora to offer his

support. kelly wright joins us live with the details on that. president obama offered hugs, tears and the nation's sympathy to the grieving family in the shooting rampage. the president met with the families which treated the 22 people injured. 12 dead and 58 wounded after visiting the family they spoke about the suspect james holmes. >> i also tried to assure them that although the perpetrator of this evil act has received a lot of attention that attention will fade away. in the end after he has felt the full force of our justice system that will be remembered are the good people by this tragedy. >> while the president prayed

for the injured the president told reporters a remarkable story about courage under fire. kelly young stood up to get help as the gunman came in. her friend stephanie davies applied pressure to alley's wound and called 911. >> once the swat team came in they were still trying to clear the theater. stephanie then with the help of others carries her across two parking lots. because of stephanie's reactions i just had a conversation withally down stairs and she is going to be fine. presidented obama doesn't know how many people at any age had the presence of mind to do significant she did.

they displayed what's best about america. out of this darkness a brighter day is going to come. very heroic. thank you. >> presidential candidate mitt romney says the president's visit to aurora was the right thing to do. he opened with a moment of silence for the victims. now for your 5 at 5:30. the top five stories making news at this hour. president owe bam maup and mitt romney will slowly return to campaign mode later today. both candidates took some time-out from the trial or off from the trial -- interefrom thl because of the movie massacre in colorado. president obama will go to fund raisers and golden state and will he meet about small business leaders and host a fuvend razor later tonight. there is fear iran might be planning an attack on the athletes in london. israel is boosting its security

presence after the homicide attack. you may recall 11 israeli athletes and coaches were killed at the 72 olympics in munich by a group of gunmen. a fake tanning lotion just as dangerous as tanning beds. the mix of all of those chemicals can lead to fertility problems as well as birth defects. not only that but some of the chemical ingredients have been linked to allergies, diabetes and cancer. the reason it poses more of a risk is because it's applied all over the entire body more regularly. pretty scary. >> you have got to see this dramatic rescue unfolding in sand kwaiing go. a teen arj hurt after jumping off a cliff. image that. he made it to a rocky ledge who air lifted him to a nearby hospital. lifeguards believer he hit the cliff on the way down or collided with another jumper. >> you have a friend in me and

only four other people according to a poll all we need are five friends to get through life happy. they play one role. one friend like an aunt figure we can tell our problems to. am one to offer emotional support one to help with finances another for advice and we need a colleague for help at work. interesting. >> those are your 5 at 5 kw:30. and before you leave the house this morning let's get the first degree weather update with ma roa moline gnaw with the heat wave. >> good morning everyone. we are talking about more extreme heat. we are talking about single dig get temperatures where places like nebraska, kansas, areas that have been hit hard with a drought that has been going on through out the summer and hot temperatures. we are going to continue to see some of that through out the dry weather. we are going to see showers and

storms more of that as well across parts of four corners across the rockies and montana to the northeast. you will be seeing showers and storms as well. but some of those storms could produce severe weather today in the form of large hail damaging wind gusts and isolated tornadoes. keep that in mind. up state new york, pennsylvania through the great lakes into portions of southern minnesota and even montana. you could be seeing severe weather to stay alert see if you get any for your county. triple digits for parts of the central plains like kansas city where we have a high of 90 degrees. 99 in chicago. maria molina, thanks. >> we have a spoiler alert for you. we are about to show you the last man standing or should we say getting down on one neon the bachelorette. >> i feel like you are my soul mate. you are the perfect person for me. >> will you marry me? >> yes. >> i haven't watched it yet. she choose jeff holmes she he's

27-year-old entrepreneur from utah. he proposed she said yes. little rascal, they welcome their second child baby boy named dillon. >> finally a look at the big winner from the teen choice awards. taylor swift female artist justin bieber. cast of twilight and hunger games taking home those prizes. . >> now for your starting lineup. a lineup of all of the sports stories making headlines at this hour. adam scott had a major collapse at the british open. he blew a 4 shot lead with 4 holes to play. coming back with a 4th shot to win. two baseball legends now officially inducted into the hall of fame. barry larkin taking his place in

cooperstown. third base man also inducted. the denver broncos trying to lift the spirits of some of the movie theater massacres. 6 players visited with five patients there. the broncos also showing their appreciation to the emergency room staff. what a hard time they had. >> absolutely. 39 minutes after the top of the hour. startling new economic numbers. poverty in this country could reach a near 50 year high. >> then he changed a community forever. justice looks to be served. the 3406 sri ma-- movie massacrt hearing. life in aurora colorado after the deadly shooting.

>> it is 42 after the hour. let's span the globe to see what stories are making headlines overseas. 37 people have been killed in beijing after the city was hit with the worst rainfall in 60 years. more than 18 inches falling since saturday causing massive flooding. now to afghanistan. this year american troops not reaching the halfway mark. the goal is to bring home 20,000 troops by year's end. that would leave 28 thousand still in the country. john allen says it is an encouraging milestone after more than a decade of war. he warns there is still a long way to go after the ultimate # 2014 withdraw deadline set by president obama. norway marks the one year anniversary of a bombing and shooting spree that left 77 people dead. nearly 1500 people paid their respects on the island where 69 of the victims were killed. they placed lanterns in the

water. i admitted to the attacks>> oo. >> economic data at the highest levels in 20-years. diane macedo has the lathes for us. >> they aren't official numbers but they survey more than a dozen economist think tanks and find the consensus is going to rise poverty level since the 1960s. it is spreading among many groups. discouraged workers are leaving them ineligible for the aid. suburban poverty at a record level of 11.8 percent. unemployed workers will rise to a new high. child poverty will increase and more people will join the poorest of the poor. the analysts say a safety net for the increase and the national association of state

budget officers will be watching for poverty levels as they make decisions about expanding medicaid. as usual not everyone thinks that will be a good idea. they have more programs to help the poor they say it is time to still live in decent size homes cars and own things like wide screen tv's. a current poverty figures don't ask for capital gains and homeowner ship and noncash benefits like food stamps and tax credits under the stimulus package. 9 million would have been accounted. while it is coming out with a new tremeasure that includes ait is expected to be released after the election. for now the current figures are the best gauge for year to year poverty. right now it doesn't look so good. >> thanks diane.

>> thank you. >> it is now quarter to the top of the hour. searching for justice. breaking down the up coming legal steps after the shooting massacre in colorado. >> right now let's check in with brian kilmeade and see what's going on on fox and friends. >> what's coming up straight ahead over the next three hours. dana paren no will be here to talk about what it is like working for the counselor in chief president of the united states. that is what the president was doing yesterday. the tsa letting potential terrorists going to flight school? just like the 9-11 hijackers talk to one man who lost his cousin on 9-11. plus coverage of the colorado movie massacre continues with the owner of the gun range who raised red flags. the man in the theater next to her and shut the door in the gunman's face. all coming up on fox and friends don't miss it. [music]

see life in the best light. transitions® lenses automatically filter just the right amount of light. so you see everything the way it's meant to be seen. experience life well lit, ask for transitions adaptive lenses.

>> some quick headlines. now you see it, now you don't. >> what used to be the 17 story palace hotel in new orleans gone in the blink of an eye. state of the art hospital replacing another hospital that was flooded during hurricane katrina. the golf clubs are sole enfrom a man's car. all he had to do was go on craig's list to find them. whoever took them was trying to sell them. they caught him with the help of police. got most of the clubs back. >> the accused shooter in the massacre purportedly being held

in solitary confinement this morning. the first court hearing for the suspect will get underway. there are reports he might not appear in court after all because of the sieafety concern. >> we are breaking it all down. >> a lot happened over the weekend suspect held without bond public defender court appearance 11:30 our time. what do you expect to happen? >> i would expect at the minimum they would layout and get probableal cause as to why he is being detained. you can't hold them indefini indefinitely. i would suspect they would layout soft i of the crimes so gives the judge he is being detained lawfully and legitimately. >> what's the purpose of the hearing? >> what you want to do is establish there's a probable cause to hold and contain a

person. >> i am sure they will do that. >> i believe they will have no problem. >> colorado does have the death penalty. only one person executed in the last 34 years. three people are on death row two put there by the district attorney who is set to charge holmes. shouldn't mention his name. sorry about that. trying not to give them -- >> no attention whatsoever. >> colorado has a death penalty as you indicate. since 1977 only been that one execution. the execution here may not occur. they are aggravating circumstances that are met here. when you plan and plot a defense like this you kill multiple people a child involved here in a particularly heinous act elements of the death penalty i would be curious to know how they are three on death row and one executed this may be the

second one. >> what about the insanity? lots of talk there. >> ultimately what happens is when you look at this, you look at the nature of the defense the guns and weapons the cache of things the armor he had on himself at the time the booby trapping of the apartment would show someone who is luis sid someone who is logical and someone who premedicated the act which would go against i just had a fit of anxiety or i didn't know what i was doing. i would largely suspect any indication towards an insanity plea would fail. >> would you plea insanity? >> an insanity defense is raised 1 percent of the time just to give some sense and the other thing is, it fails even more than that. it's success of .25 percent of one percent of the time. it's a defense that in large measure is rejected by the public. >> always great to have you on. thanks so much.

>> it is 7 minutes to the top of the hour. coming up we are going to take a closer look at the 12 innocent victims who died on friday. another look at life there in aurora, colorado as the residents console each other after this deadly shooting. (phone ringing)

good afternoon. chase sapphire. (push button tone) this is stacy from springfield. oh woah. hello? yes. i didn't realize i'd be talking to an actual person. you don't need to press "0," i'm here. reach a person, not a prompt whenever you call chase sapphire.

>> from a 67-year-old -- 6-year-old girl to a navy veteran, we want to leave you

with a look at who died in the massacre in colorado many of them sacrificing their lives for the ones they love. >> the mayor of aurora saying this morning some of the injured may not survive. we are remembering those whose lives have already been lost. the youngest of the victims, 6-year-old veronica moezer sullivan was excited about learning to swim. veronica's mother remains in critical condition and hasn't been told about her daughter's death. 23-year-old mikala medic or kayla to friends and family attended aurora community college and was a huge green bay packers fan. 24-year-old alexander teves wanted to become a psychiatrist recently earning a master's degree in counseling psychology. aspiring sports reporter, 24-year-old jessica gowry narrowly missed a shooting in canada last month. in a blog, she wrote i saw the victims of a senseless crime. i saw lives change. at 26, jonathan blunk had already served three tours with the navy and planned to become a navy seal. he was a father of two.

comic book geek and new york mets fan alex sullivan would have been celebrating both his 27th birthday and his first wedding anniversary this weekend. as the attack unfolded, 27-year-old target employee matt mcquinn dove in front of his girlfriend to shield her from the gunfire. she survived. 27-year-old john larimer was a navy sailor at buckley air force base. he had a good sense of humor and the youngest of five siblings, the oldest victim was seeing the movie with his two teenage children. 51-year-old gordon's family says he was a true texas gentleman. 18-year-old alexander boik, a recent high school graduate was described as a ball of joy by friends. his girlfriend who was at the theater with him survived. everyone expected them to get married. serving alongside larimer was 29-year-old jesse childress a cyber systems operator. rebecca wingo was a mother twof and described to have a bubbly

personality. she worked in customer relations. >> our thoughts and prayers are with those families and with our entire country. "fox & friends" starts right now. >> good morning, everyone. it is monday, july 23rdrd. i'm gretchen carlson. thank you for sharing part of your day with us today. the president joins the community in mourning to remember 12 lives cut short in the movie massacre. but in the sadness, more stories of heroism. >> she needed to run. stephanie refused to go, instead actually with her other hand called 911 on her cell phone. >> this while several victims continue to fight for their lives. we're live on the scene with the latest information for you. >> in a few hours, the movie massacre suspect due to make his first appearance in court. he might not show up. this as we're finding out about his twisted plan to escape.

brian? >> plus, police revealing more about his hollywood-style plot to cause mass mayhem and exactly what was inside his apartment. "fox & friends" starts right now. >> good morning, everyone. thanks for sharing part of your day with us today. you're looking at pictures from a vigil held last night to remember them with song and prayer and with memories. >> thousands showed up at the aurora municipal center even though many of them didn't have a personal connection to the people who lost their lives on friday. they wanted to show that town and the world that on that sunday night, they were united. >> right. and the president landed in the afternoon. we'll talk more about that in a second. but today is going to be traumatic definitely. ually -- we'll see for the first time, we believe, mr. holmes in person in