theater, where 12 people died at a midnight showing of "the dark knight rises." it will be the first time holmes has been seen in public. his arrest at that theater in the wee hours of friday morning was the first time that the police had seen him. now the public will get the first chance to see this man. he spent his weekend in solitary confinement and is said to be refusing to cooperate with investigators, attempting to uncover the motive behind this crime. today's court appearance follows a day of remembrance in aurora, with president barack obama traveling to colorado to meet with survivors, their families, and the loved ones of those lost. >> i come to them not so much as president, as i do as a father and as a husband. and i think that the receason stories like this have such an impact on us is because we can all understand what it would be to have somebody that we love

taken from us in this fashion. >> in less than 24 hours after this horrific tragedy, thousands gathered together in vigil, singing and praying, vowing never to forget. >> john blunk, we will all remember. a.j. boik, we will all remember. jesse childress. >> we will all remember. >> nbc's chris jansing leads our coverage from the courthouse in colorado. chris, good morning. the procedure we're expected to see here coming up this half hour, it will be a brief one, correct? >> very brief. it could be as simple as less that be a minute. this is not an arraignment, it's what's called an advisement hearing. and basically, they're saying to the defendant, do you know why you're here? he will be represented by two attorneys from the public defender's office. we're told the two most experienced in that office, dan

king and tamara bradley. and there are only three people on death row in colorado, two of them were put there in arapahoe county. and so what we're going to see today will be brief, but it's really just the start of a very long process. the next thing will be the formal arrangement and charging. there is a law here in colorado that gives you 72 hours to officially put the charges out there. you would think that there would be at least a minimum of 70, ranging from murder to attempted murder. and then there are a couple of key questions ahead. one, competency. is he competent to stand trial? meaning, can he assist in putting together his own defense? the bar for that, much lower than what we're probably going to be looking at, which most experts say will be a defense of insanity. in the meantime, in this community, there continues to be bafflement. why? why would he do this? right now there are no clear answers. there may not be. and in fact, legal experts will tell you that in a case like

this where there is such a preponderance of evidence, that wouldn't necessarily need to be part of the prosecution's case. i can tell you this, from sitting at that beautiful vigil last night, where more than 10,000 members of the community came out, they cheered every time that the name of one of the victims was read. they have made it clear that they want them to be remembered, but the biggest ovation came when the governor said this. take a listen. >> and i refuse to say his name. [ cheers and applause ] in my house, we're just going to call him suspect "a." >> the president had made that pledge as well, to the victims' families when he was at the hospital earlier, but today, again, within minutes, thomas, we will for the first time see the suspect in this case inside the courtroom behind me. >> our chris jansing, reporting from aurora, colorado. thanks so much. we'll be back with you in a few

minutes, when that procedure starts to take place. as we mentioned, though, thousands stood unite at the vigil for the victims and their family last night. people from all over colorado, the country, that is, joining the community of aurora to share in their grief and promises that they'll never forget. >> i'm sure a lot of these people don't have much of a connection to anything that happened, but they're here to support the families of the victims anyway and the friends. >> it symbolizes strength, that even through tragedy, everything that colorado's been through, that we can still come together and support each other. >> joining me now is mayor steve hogan of aurora, colorado. mayor, it's great to have you with us. just to remind our viewers, auroraing the third largest city within the state of colorado, itself. how is the city trying to reclaim its sanity, its goodness, its compassion as we stand and wait now, just minutes away from the first court appearance by the suspected gunman. >> thank you.

happy to be here. i think last night was the start of that regaining our sense of ourselves. the vigil was attended by people not only from aurora, but across the metropolitan area, and literally across the country. i met folks yesterday from a number of other states, and i think that's the start of the process. >> mr. mayor, what did it mean to you, to the people of aurora, to have the president come? >> i think it was critical to the families. you know, we mentioned, we mentioned several of the victims yesterday. there are others that weren't mentioned. sitting down and talking with those families and having the knowledge that it's not only the president, it's numerous other

people, and millions of people, across the country, that really care, i think that's important. >> sir, what are your personal feelings, though, as you have been out there with the people of aurora, you've been meeting with the loved ones, people who have lost someone there, at that movie theater behind you. also dealing with those that have survived, that have been in the hospital, trying to recover from this tragedy. what are your personal feelings as the wheels of justice start to turn? >> it's a difficult time, talking to the families, you know? alex teves' family, others, it's very personal. some were very emotional, some were very stoic. there's no way you can plan for that. you know, i've been mayor for seven months.

i ran hard for this office. i never thought i'd be doing anything like this. my office, which is just east of this location, faces this theater. every day i go into my office, for the rest of the time i'm mayor. i'm going to be looking at this location. but we've got to find a way to go on. if we let this guy win, then we've made a horrible mistake. a mistake that's even as horrible as the deed that he perpetrated. so i'm happy that we've reached the court phase and we'll go from here. >> sir, as you point out, with your office being so close there to that movie theater, it's going to be a stark reminder as your time for mayor of aurora, colorado, and it's also going to be a large reminder to people around this country about the conversation that has taken place in light of this, an gun control laws, and your

counterpart, new york mayor, michael bloomberg, has been pushing for more gun controls since the shooting on friday. i want you to take a listen to what he had to say on "morning joe" this morning. >> you ask one of the families, is this the time to focus on how to keep their other children from getting killed? i think they'd be on the side of, do it now. 18 months since arizona, and we did nothing. if not now, when are you going to do this? >> sir, i know you said you've only in office for seven months, but do you believe that this country needs to talk about tougher restrictions on assault weapons? >> i have no doubt that there are going to be discussions on a local level, a state level, and a national level. i think that's going to happen. but our focus right here, right now, is still on the families and the victims and the families and the individuals who were hit, but not killed. and right now, here in aurora, colorado, that's what we've got to focus on. we'll deal with the rest of that

later. >> sir, as you point out, though, in dealing with those families, the ones, the victims that are in the hospital right now, there are some that really have a long struggle ahead of them. isn't that correct? >> absolutely, there's no doubt. you know, the next phase of that struggle, unfortunately, is going to be a whole series of funerals that are going to occur this the week. there's a lot of grieving and there's a lot of healing ahead. and we hear in aurora will be with those families in spirit, if not in fact. and we will try to help them to know that we care and we do remember. >> mayor steve hogan of aurora, colorado. sir, thanks for your time this morning. we appreciate it. >> thank you. presidential politics have taken a backseat in the wake of the colorado shootings, with

both sides toning down the rhetoric, pulling their ads in the state of colorado. up next, illinois congresswoman, jan thschakowsky joins me live. plus, penn state university will pay a hefty praise for the child sex abuse scandal of jerry sandusky. coming up, late reaction from the school's president. but first, remembering those lost in the colorado shooting. this is 6-year-old veronica moser, the youngest victim. she loved ice cream, just learned to swim a few days before the shooting. her mom is still in the hospital, battling for her life, and the life of her unborn child. though shot in the neck and abdomen, the unborn child is alive. is different but centurylink is committed to being a different kind of communications company by continuing to help you do more and focus on the things that matter to you. [ male announcer ] introducing new dentyne split to fit pack.

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i hope that over the next several days, the next several

weeks, and next several months, we all reflect on how we can do something about some of the senseless violence that ends up marring this country. >> president obama marking the tragedy in aurora, colorado, last night, after meeting with some of the victims of friday's tragedy. the shooting, reigniting the debate over gun control in this country. the white house says president obama has no plans anytime soon to push for new gun control measures, while governor romney, according to his campaign website, opposes any new laws that would restrict the second amendment. congresswoman jan schakowsky from illinois is a strong advocate for gun control and she joins us now. congresswoman, it's good to have you here. and we learned just from the police reports about what this shooter had, the three guns, one assault rifle, $6,000 worth of ammunition -- >> no, 6,000 bullets. it was 6,000 bullets. >> correct, it was 6,000 bullets, pardon me. but you are now calling on your

colleagues to take action against gun violence. when you're saying you're calling on your colleagues to do this, what specifically do you want to see this? >> well, i know that carolyn maloney -- carolyn mccarthy's, whose husband was killed on the long island highway, a longtime safety advocate, has suggested legislatio legislation, which i support, but we really need to have a discussion about this. do we really believe that any individual needs to purchase 6,000 bullets online? do we think that any individual really needs a weapon that will shoot 100 rounds at one time? do you need that to hunt? do you need that for any reasonable purpose? of course not. and i think that most americans actually agree with that. but the national rifle association is so powerful and so political, you know, they're now saying, oh, well let's not make this political. there's no one more political than the national rifle association, who anytime they say they're going to measure a member of congress by how they

vote on gun laws, as soon as they introduce anything, you get some 300 members of congress without even reading the bill, voting in favor of the nra position. it's just ridiculous, it's gone too far. >> but congresswoman, do you think it's naive for people who are listening to you right now to think that anything will happen in light of what we saw in aurora, colorado, given the fact that just 18 months ago, a congresswoman was nearly assassinated by just showing up at a safeway. and you walk around the halls of congress, people just like you who have been elected to office, who sold similar types of events like that, who put yourself in harm's way. so you know firsthand that someone like yourself could be attacked in a situation like that. yet 18 months later, nothing has been done. so why now would it be any different? >> because i think that parents who, yes, right now are mourning for the victims of the tragedy in colorado should be calling on their congressmen to say, i want

my children to be safe when they go to the movies. and i want my children on the streets of chicago and other places, even in rural areas, to be safe when they go out. it is no -- there's no good reason for people to have the kind of weapons that are available right now and the kind of 6,000 bullets that a crazy person like him could buy online, legally, and bring in to a theater. enough is enough. and it's just ridiculous that the nra keeps pushing this kind of legislation, as if the american people really need to have those weapons, or even want to have those weapons. >> congressman, i think a lot of people would agree, but also i need to remind you about 9-year-old christina taylor green who died outside of that safeway in arizona. and family members who may have called to express their concern and their grief over a 9-year-old being killed and murdered outside of a safeway, we still have nothing done.

so now that we look at a 6-year-old, lost in aurora, again, i say, why is that going to make anything different now? >> well, i hope that there is some kind of a tipping point, where finally the american people just get fed up, with the dangers on their streets. now the dangers in a movie theater, with the kinds of demands by the national rifle association for more and more ability for people to carry guns everywhere and anywhere. and i really do think that, you know, if you really look at the agenda of the national rifle association, that wanted to protect $3,000 worth of weapons in bankruptcy, that people should be able to maintain those and keep them safe from certs. that kind of ridiculous legislation and the ridiculous idea of someone buying 6,000 bullets, i think maybe there is a tipping point. i hope it's now. yes, we mourn for all those whose lives were lost.

it's a very serious issue. but you know that in ten states, gun homicide exceeds traffic accidents right now. vehicular accidents. so we have to do something about it. there's no reason in the united states of america, the land of the free, that people have to be afraid to go to the movies. >> congresswoman jan schakowsky of illinois. thank you for your time and your honesty this morning, i appreciate it. i want to bring in our monday morning power panel. we have keith boykin, republican strategist trey hardin, and erin mcpike. great to have all three of you here. and erin, the associated press wrote, in a world where amazon can track your next book purchase and you must register to buy allergy medicine, james holmes spent months stockpiling ballistic bullets without raising any red flags with authorities. erin, this is obviously a serious problem in this country. both sides could probably agree on this, but they won't. >> you're right.

but i think the bigger thing here is that the white house has already said that president obama will not be pushing for more gun control. and you just had on congresswoman schakowsky, who is saying we need to have a national conversation about this. i don't think that's going to happen when you already have a democratic president in office, in the white house, saying they're not going to push for more. we have some people like new york mayor michael bloomberg who's pushing for it, but unless more people like that, big names come out and start talking about it, it doesn't seem like anything will change. >> keith, is this a missed opportunity for the white house to take a strong stance on this and push for things to go forward in the sec administration of president obama, if he were lucky enough to be elected? >> honestly, yes, it is a missed opportunity. i wish the white house would do more. i don't expect them to do anymore. i don't expect the romney campaign to do anymore. unfortunately, both of these guys have been in favor of gun control in the past, but i think that there are political issues that are preventing them from leading on this issue. i'm not saying this as the position of a democratic strategist, but as an american.

my uncle was murdered eby gun violence. but it will take more than politicians. it will take ordinary people standing up and deciding they're not going to live their lives in fear anymore. we've got to do something about this and stop waiting for the political leaders to lead and start leading ourselves as human beings, as american, as people who are being victimized in this country. >> trey, to mitt romney's credit, when he was governor of massachusetts, he did sign into law a certain ban for assault weapons there, but now it's kind of not bringing that up with regard to what we saw in aurora, colorado, stepping away from putting any new laws into place as he runs for the presidential office. is that a missed opportunity for him? >> thomas, listen. this is a very difficult topic to discuss today, for obvious reasons, it's still very law, but, listen, i think we need to be careful about talking about missed opportunities here. you know, listen. i'm a supporter of the second amendment, i love to hunt. it still defies logic to me why people on the open mark can buy guns that our american soldiers

are using overseas. but i think we feed to be careful about this gun control debate, because the reality is, nothing is going to happen anytime soon. so talking about it today is only rubbing more salt in the wounds of these families and friends, because people are already disenfranchised with congress and washington, d.c. and to hear them talking about an issue that is not going to get resolved, i just think it makes it more difficult for them to be mourning today. >> but, trey, shouldn't we talk about doing something? i mean, talk about helping the legacy of people who were victims of this. shouldn't we say something or do something? >> first of all, listen, i applaud the president, how he has handled this. he did exactly what the american people need him to do. he is trying to help heal, he's being a leader, just as george bush did after 9/11. that is an important role of the president. i think that both candidates have been very respectful and will continue to be respectful. i don't think you'll see any tapering off of their ads in other states, where the negative

attacks. i do think that that's not really going to go over too well with a lot of people. but i think you'll see that continue. but, listen, why should they get up there right now and talk about things that they are not going to be able to deliver on for the american people right now? >> doesn't mean we can't ask the questions about it. trey hardin, erin mcpike, keith boykin, thanks so much for being here. we have an abbreviated panel because we want to get you back to the arapahoe county courthouse. a live look where the shooting suspect is set to meet a judge just moments from now. this attorney may announce whether she will seek the death penalty for james holmes. after this appearance, district attorney has 72 hours to file formal charges. we'll take you back to that hearing as soon as it begins. but first, remembering those lost in the shooting. alex sullivan, 27 years old, was kicking off his birthday celebration by watching the batman movie. on his twitter feed, alex says about himself, "i'm a man with a lot to offer the world, but i

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we continue to follow that breaking news. james holmes, the suspect in the massacre inside a movie theater in aurora, colorado, due in court any minute. the first appearance, this first advisement in public since being arrested outside that theater after the shootings. it comes after police say holmes has stopped talking, stopped cooperating with investigators. we'll bring you live coverage of the courtroom appearance as soon as it happens. we're back after this. the story keeps changing. so i'm not listening... to anyone but myself. i know better nutrition when i see it: great grains. great grains cereal starts whole and stays whole. see the seam? more processed flakes look nothing like natural grains. you can't argue with nutrition you can see. great grains. search great grains and see for yourself. for multi grain flakes that are an excellent source of fiber try great grains banana nut crunch and cranberry almond crunch.

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about to take the bench, so for the first time since the horrific shooting that happened friday morning, we are going to see the suspect in court. joining me now is rick cornfield and craig silverman as well as clint van zandt. let me start with you. what's going to happen in there, rick? >> well, the suspect is going to be brought out from a side room. he will have walked from the jail to the courthouse underground, for his security, and everything else, and he'll be brought to the podium and

he'll be essentially advised of the charges that they are investigating him for. >> and i understand this could be extremely short, maybe just a minute or two. >> yeah, i think no more than that, and probably he will not say anything. i would expect that his lawyers will do all the talking. >> craig, one of the things that we had heard, and this was an unconfirmed report, is that there was some concern on the part of defense attorneys about -- there he is. this is for the first time, we are seeing james holmes, as he had been described, he had died his hair this orange/red color. he reportedly told police, on the scene, that he was the joker. of course, he came into the movie theater where the newest edition of the batman movie was playing. there were also reports that the batman mask was found inside of his apartment. tell us what we're seeing here. >> well, right now, you're just seeing him sitting with his counsel, one of his lawyers, and he's sitting at counsel table

and the judge will probably advise him, allow him to just sit there. >> let's listen in. >> -- represented by an attorney. if you could not afford one, i would appoint one to represent you at no cost to yourself. any plea you make must be voluntary, not the result of any undue influence or coercion. typically, you have a right to be advised of the charges. you have a right to be advised of the charges, the judge has made a preliminary determination of probable cause to believe you committed the offense of first-degree murder, which is a class one felony. ordinarily individuals are entitled to bail, given the nature of the charges, you are currently being held on a no-bond hold. you also have a right to have a jury trial and preliminary hearing to determine whether it was probable cause to believe that you're the person that committed the offense. mr. holmes, do you have any questions about that initial

advisement? >> judge, we've advised mr. holmes [ inaudible ] further advisement in this case. >> thank you, mr. king. pursuant to sr-c 18 you're under a mandatory protection order. any violation of the protection order can constitute a contempt of court. it's the order of the court you shall not harass, molest, retaliate against or tamper with any witness to or victim of the acts you are charged with committing, shall vacate the home of the victim, stay away from the home of the victims, and stay away from any of the locations the victims are likely to be found. you shall refrain from contacting, directly or indirectly communicating with the victims, you shall not possess or control firearm or other weapon, shall not possess or consume alcoholic beverages or controlled substances, and you are not to commit any new offenses. mr. pearson, if you'd approach,

please. i've just signed a mandatory protection order and give a copy to mr. holmes and acknowledge his receipt under record. -- request -- charges, which are request -- >> we are asking for an extended period of time, 72 hours, only requires it without unnecessary delay. so we would be requesting until next monday. >> mr. king? >> judge, we do not object to that. if i may approach, however, i do have an application, if i could get your signature. >> you may. >> and your honor, at that time, we will also file an amendment

to the protection order that lists all the victims in this case. >> the court has signedhe application for the appointment of a public defender. public defender is appointed. we'll set the matter for formal filing of charges this monday, july 30th, 9:30, in this division. given the nature of the charges and the likely voluminous pleadings, i'm entering an initial case management order. as counsel received a copy of that order yet? >> yes, sir. >> miss pearson, have you received a copy? >> we have not, your honor. >> we'll make sure you get a copy. essentially, what that's going to do in order to track the pleadings, all people's filings

will have a sequential number tl thereafter, defense will be a "d," and i will identify my filings or orders with a "c." in that we've had some filings already, the initial case management order, which identify captioned c-2 does list the orders and motions that have been filed thus far. what i would like to do is recap them, make sure i'm not missing anything. so far, we've got c-1, which is the emc decorum order that i issued. we've got the p-1, which is the motion to seal the search warrant affidavit and orders of case file, which was filed by the people. i did grant that. we've got outstanding d-1, which is a motion for access to and preservation of the crime scene, which relates to access by the defense and their experts to the movie theater. we'll address that in a moment. we've got d-2, a motion to limit pre-trial publicity. along with that motion, i did

receive a proposed order. however, i'm inclined to go ahead and just track rule 3.6 and 3.8 of the rules of professional conduct. mr. pearson -- >> -- [ inaudible ]. >> thank you. court will be issuing the order granting the pre-trial publicity. we'll make sure counsel gets a copy. >> judge, does the court [ inaudible ] -- >> the defense --

[ no audio ] >> you may. for hearing, i did grant the request for expanded media coverage, have not been -- request can for expanded media coverage at this time. >> judge, we're going to submit a motion to object to that.

>> we can do that forwithupon receipt of the motion. any objection to that? >> that would be appreciated. >> miss chambers, do you have any objection to that procedure? miss pearson? we do have the motion for access to the crime scene -- any objection on that? [ inaudible ] >> later this week at some point. they are not finished yet with some of the things that have to be done. >> are you in a position to give them reasonable access with 24 hours' notice? >> yes. >> all right. >> court will issue an order concerning that. anything further on that issue? >> no. >> one thing, the apartment --

[ inaudible ] >> did i misread your motion, because i think your motion only addressed the movie theater. >> i apologize if that was the case, judge. we filed that on the fly on friday. so we are asking -- >> your honor, i assume that they also want to be [ inaudible ] and we will also make that available at the point that it is safe to do so. >> thank you. for the people -- >> your honor, we filed this morning a -- [ inaudible ]

>> and so you are looking at the face of the man who is charged with atrocities, 12 people who were killed, 58 injured in a movie theater early friday morning. the first appearance we've seen from james holmes. a largely procedural hearing so far, and you can hear that we've had some audio issues. this is a feed that is coming to us from the courthouse itself. but throughout this, we've barely seen him look up, his eyes cast down. he is dressed in jail garb. he has been held in isolation since he was taken into custody shortly after the shooting

occurred. not far from here, we're in sen ten centennial, it happened in neighboring aurora, and he has not been cooperating. he was assigned a public defender early on, and not surprisingly, he would be told not to make any statements. the only statements that he has been reported to make were that he considered himself to be the joker, and you see his hair died that orange red. in addition, police say, he was the one who told them to go to his apartment, and that he had booby trapped him. and they found that was, indeed, the case. and it took several days of the top, top experts in the world to diffuse that situation. let's listen in again. >> can i have a moment, judge? >> you may.

>> all rise. >> we've obviously lost the picture. the man you saw walking over there was dan king, he is one of three people from the public defender's office who has been say signed to this case. doug wilson is the state public defender, tamara brady, the chief trial deputy. let's talk a little bit about what we just saw going on in there, rick. anything out of the ordinary? anything you'd take note of, particularly? >> well, the judge was willing to take on some procedural issues right now, which is somewhat unusual, but not surprising in nature, given the nature of this case. i think what's important to note, number one, is that the defense is already asking for access to the crime scene and there was a reference made to defense experts. so they want to get into that

theater, they want to get into that apartment, and apparently the judge has granted that with 24 hours' notice. the other key thing, of course, is that the charges will be returned a week from today. the defense did not object to increasing that timing. and then, of course, there was the nonissue of bond. he will, of course, remain in custody. >> and craig silverman, you've worked in this area for a while. you're a former denver chief deputy district attorney. can you tell us anything about the key legal players in this case? the judge william sylvester, from the d.a.'s office, carol chapelbers can and karen pierce, or any of the public defenders? >> i'll tell you there's a very formidable public defender's system. the prosecution side is very interesting as well. carol chambers is term limited. at the same time we have a presidential election, a good democrat and a good republican are fighting to secede carol

chambers. so any decision she makes with regard to who the front line prosecutor is or whether they are gog to see the death penalty, that would have to be affirmed by the incoming chief prosecutor. also, for people who may not be familiar with colorado court, we're not quite as open as florida, but we do have expanded media coverage. when he said he grants the emc, that's the expanded media coverage order. they won't allow filming or live video of jury selection, but most other parts of the trial will be televised, incoming a possible death penalty phase. >> and what about the discussion they had about a limit on pretrial publicity? >> they decided the rules of professional conduct, it limits what a prosecutor or a defense attorney can say according to the ethical rules that bind the lawyers involved in a case here

in colorado. they're not -- they're supposed to try their case in a court of law, not in the court of public opinion. >> we do know, however, and obviously there have been a lot of questions from the media on both sides, that the arapahoe county d.a., carol chambers, is expected to speak ten minutes after the hearing. it is unlikely, given the seriousness of this case, and what the judge just had to say, that she'll have any expanse f remarks, but it will be interesting, at least to get her perspective on what happened, including a court appearance again on the 30th, monday. >> that's right. and on the 30th, he should be formally advised of the many charges against him. >> right. >> go ahead, craig? >> i think we all saw evidence in this courtroom, the reactions of the defendant holmes were in touch with reality. as you said, his eyes were cast down, he seemed to be somber, reflective, even sad about what

has occurred. you have to wonder if that didn't help the prosecution, if he would have been acting like a madman in court, then it might have boll terrified the insanity defense that most of us think is the only possible defense in this case. for him to act like a normal human being, i think that's good evidence for the prosecution. >> yeah, we don't want to read too much into this, clint van zandt, a former fbi profiler, a and someone who obviously knows a lot about the psychology, the profile of mass killers, working so many years for the fbi, and clint, what do you make of this court appearance? >> well, chris, what we see is this very flat affect. totally unemotional. he's died his hair orange. most know from comic books and other movies, the joker's hair was green. but he seems to be almost in a

daze. but chris, as you suggest, the sound was somewhat broken up, but he would close his eyes, and then he appeared to look up and pay attention when the judge started talking about media coverage and media appearances. that seemed to be the one thing that i saw that got his attention at this point. so we -- you know, we don't know the reason for his composure k w composure, but right the only thing we can see is someone who appears to be in a daze, who's unemotional about what he was doing, but who's got a very long court future in front of him. >> and it does go exactly in line, i've spoken to so many people who were inside that movie theater, clint, over the last several days. and one of the few consistent statements they made was just how cool and calculating he seemed to be. he didn't seem to show any

emotion, that you would think that someone would show doing what he's accused of doing. >> well, many times, chris, when someone has totally made up their mind, when they almost adopt a mission that they're going to do, they get into that mission, whether it's fantasy or reality, in his mind, we don't know. but once he was into that role he was playing with the uniform he had on, with the weapondry, everything he was doing, chris, this was a smart guy who had a long time to think thisso out. he thought out what he was going to do, he planned it out. he knew how to transition between the shotgun, the rifle, the handgun. this is a guy who knew exactly what he was doing. now, he may well be, as you and i talked in the last hour, schizophrenic. and, you know, the court may find that about him. but again, he appeared to at least be capable of planning

this very complicated event and carrying it out. what the real purpose was, we yet to know. >> rick, are we likely to see psychiatric examinations some time soon? >> well, it's likely to occur. we're not going to see it. i mean, the first step would be for the defense to get that going. and that's obviously a protected process. whether the defense then decides to make a motion based on that information, then that information might or might not become public, depending on what judge sylvester rules as to access to that information. >> and could there then be another expert brought in? >> absolutely, the government has the right to have their own person or people do their own investigation, their own examination. i would certainly expect that. >> let me ask you, craig, about what this next step is going to be. and let's start with the prosecution. slowly, methodically building the case. that process has already started. we've heard from officials, from

police, from government officials, who are following this investigation closely, how careful they've been about this evidence. how careful they've been about the chain of evidence. how does the prosecution build this case? from the outside it seems almost like it's so obvious, it's so simple, but what's going on inside that office? >> this is not a whodunit. there will be two critical issues. i fully expect chambers to seek the death penalty. accordingly, they are going to start gathering evidence of the aggravating factors. then you have to anticipate an insanity defense. after all, this case is not a whodunnit and accordingly just like we saw the evidence of the man in the courtroom, i think that he plotted it out. this wasn't premeditated. this was super-premeditated. he probably thought he would feel a certain way when he took those guns and started shooting people, but we know that when he came out of the theater and he

was surrounded by police, he gave up. not only did he give up, he warned the police about the boobytrapping so maybe he realized it was not as great a situation as he hoped it would be and maybe there was some indication there that he knew right from wrong and that it would be wrong to send the police to certain death at his apartment. >> rick, obviously that psychiatric examination would be one step if indeed they're going to plan an insanity defense, which would seem the most likely. what else is the defense working on right now? >> i think the defense, as they indicated, wants to take a look at some of the forensic evidence, wants to get inside the apartment, wants to look at his trail on the internet, wants to see what he's been saying and to whom he's been saying it. there was a reference with the weird phone message, that the gun person made -- >> for people who don't know, there was a gun range owner, and apparently james holmes had made a call, he was inquiring about being able to come to the range,

and when the gun range owner called him back, he said the message on his answering machine was so bizarre that he advised his employees if he calls, we don't want him coming in. >> that's right. so you have to look at not only what is the person's mental state today when you're being examined, but you're trying to go back in time so you need to take a look at what was the person saying, what was he doing, what was he writing, back before this terrible tragedy occurred. >> clint, in terms of this evidence, and we know that the bomb experts spent a couple of days inside his apartment, they were looking to see what was inside some of those one liter bottles, various liquids, ammunition and so on, a lot of that is being sent to quantico. besides them finding out exactly what's in there, what other kind of evidence -- i'm sorry? all right. let's go to kate snow and mike

taibbi, who are standing by. what do you have for us? >> i'll defer to mike. >> we were in the courtroom, about 35 seats set aside for press. it was about an 11 minute hearing. he walked in with one of his attorneys, sat down. when the court officer called for all to rise, which is traditional in every courtroom, he waited four or five seconds before he finally rose. i thought his demeanor was really lethargic. he looked, as brian pointed out, like he might have been medicated although no one assumes that unless there was some sort of maintenance medication. he didn't have access to it in solitary confinement since early saturday morning. the judge went through a lot of pro forma stuff. this was a preliminary appearance and advisement in which the defendant is advised of the charges that will be lodged against him. they haven't -- that hasn't been done yet. traditionally that's done within 72 hours. they will get a week to do it, until next monday, when the actual formal murder charges and other charges will be filed. >> chris, i can tell you about some of the family members that

were in there. you saw them, too. there were families of the victims and i saw at least one man going in with a bandaged hand. i think there were victims inside the court as well. we spoke with an uncle of a 14-year-old boy, indonesian by descent, he was injured badly friday at the shooting. his mother was also injured. his uncle and father are inside that courthouse right now, and the uncle said to us i just want to see his face. i just wanted to be here to put a face to the horror that happened to that family. again, the mother and the 14-year-old boy injured in that family, father and uncle have been shuttling back and forth between their hospital rooms. the 14-year-old was released just over the weekend so that's some positive news for the family. but this has obviously been an emotional weekend and they wanted to be here to see the person who they believe caused it. >> this is just the start of what's going to be a lengthy process. a spokesman for the court system explained after this appearance, charges will be filed, it will

then be time to schedule the preliminary hearing, at which some evidence will be presented, some witnesses will be questioned, some questions might be raised by the defense, additional motions will be filed and then it could be months before an actual arraignment, at which time there will be a plea entered, guilty or not guilty. it's not necessary at that point that the defendant signal whether or not they will seek a not guilty verdict by reason of mental defect or insanity. from the arraignment time, within 60 days, the state has to decide whether they will seek the death penalty. that's all going to take months. >> they're doing that in consultation, as you have probably already said, with the families. we know the d.a. said this morning she's not going ahead and seeking the death penalty unless some of the families of the victims and victims themselves want her to do that. >> beginning of a long process. >> -- we know now some family members and some victims were

there. i want to bring in chantel blunk, wife of jonathan blunk. jonathan was killed in the movie theater. they have two children, a 2-year-old boy and a 4-year-old girl. i just want to check in with you. we spoke in the last couple of days and i want to see how you both, all are doing, all three of you are doing. >> it's so hard and it's getting to the point where it's just anger now, and i wish i was there so i can see his face, too. >> we saw that there are a number of family members inside that courtroom. i know that you wanted to be here for the memorial. would you want to be here for the trial as well?

>> i do. i want to be there for every bit of it. >> i'm sorry, we don't have more time but our sympathies are again with you and i thank you so much for taking the time to talk with us. so once again, james holmes and his first court appearance. we are going to continue our coverage. we are expecting to hear from the prosecutor's office sometime within this hour. we'll take a quick break. live in centennial, colorado, alex wagner will pick up our coverage. 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 thing work? oh, i like it! [ garth ] sven's small business earns 2% cash back on every purchase, every day! woo-hoo!!! so that's 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 spark 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?

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