good morning, everyone. welcome to news 4 midday. i'm barbara harrison. it's monday, july 23rd, 2012. we begin this midday with breaking news. an unprecedented sanctions against penn state by the ncaa. college sports governing body handed down some of the most severe penalties in its history. as the school allegedly chord up abuse by former assistant football coach jerry sandusky. news 4 tracy wilkins is live with more on this for us now. tracy, good morning. >> reporter: good morning, barbara. ncaa officials say these sanctions are meant to change the culture of athletics at penn state. while not punishing those who have done nothing wrong. it's a tough line to walk, but

here's what the ncaa came up with. penn state has to pay a $60 million fine, which equals the amount of money generated annually by the football program. there will be a four-year ban on bowl games and any post-season competitions as well. there will be a reduction in sports scholarships from 25 to 15 for the next four years. the university will be stripped of all wins from 1998 through 2011. officials say that start date marks the date of the first infraction. the university will be on probation with the ncaa for the next five years, and the ncaa reserves the right to investigate individuals affiliated with the program and possibly levy additional sanctions after all criminal proceedings are complete. this historic penalty is brought by the ncaa followed former penn state assistant coach jerry sandusky's conviction on 45 charges of child sex abuse. much of that abuse happened on the penn state campus and was

not a secret to many, including head coach joe paterno, according to charging documents. penn state has been saved from the so-called death penalty, which would have put an end to penn state's football program altogether. the ncaa is accusing penn state of adopting a football first culture that needs to be changed. they're hoping these penalties will help to do that. >> there's nothing in this situation that anyone should feel good about. this is an awful place to be in. it is not -- it's not good for anyone. you look at the situation of the victims and their families here, and you always have to go back to that and say what predicka meant did they find themselves in? what circumstances did they have to suffer through? you look at what's going on at the university right now. you look at the actions we're imposing here today. the right actions on our part and we feel confident that we're doing the right thing, but no

one feels good about this. no one feels like this is a positive situation in any sense, and i'm sure that includes all the individuals involved here. i'm not going to comment on how i personally feel about individuals here. this is just an unprecedented painful chapter in the history of intercollegiate selects. >> reporter: the ncaa's president said it will work with penn state over the mechanics ten weeks on building a road map that will guide the university toward improving its athletic culture. the ncaa will appoint the university -- at the university's expense a third party who will monitor the progress of the university. back to you in the studio, barbara. >> thanks, tracy. in other news, the suspect in the colorado shooting rampage will make his first court appearance in about 30 minutes. 24-year-old james holmes is accused of shooting 70 people at the packed midnight premier friday of the latest batman film.

at least ten victims are still in the hospital this morning. aurora police say holmes planned the shooting for at least four months collecting weapons at both his workplace and his apartment. police say it could take months to determine a motive. meanwhile, more than 10,000 people gathered in front of the movie theater to honor the victims. leann greg has the latest now from aurora, colorado. ♪ >> reporter: more than 10,000 people gathered in unity to honor the victims. >> millions of people are with us and helping to share our burden of grief at this moment. >> reporter: a sunday vigil to help heal. in all, 12 are among the dead. a 6-year-old girl, a navy sailor, an air force reservist, and two young men who died shielding their girlfriends from bullets. fathers, sons, daughters, each with lives cut short. the president addressed a

grieving community and talked privately with families of the victims. >> 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 will continue to think about them each and every day. >> reporter: the suspect, 24-year-old james holmes, today will be advised of his rights and the judge will set a date for the criminal filing charges. it's the start of a legal process that may take months. >> we will convict him. yes. >> reporter: at issue whether the prosecutor will seek the death penalty. the defense will likely argue whether holmes is mentally competent, while the city has forever changed. leann greg, nbc news, aurora, colorado. >> stay with us for updates all day from colorado. ahead at 11:30 the suspect in court. turning to our weather now, and lots of sunshine out there

this morning after that rainy weekend. news 4's meteorologist chuck bell is in for tom this morning, and can tell us what you can expect the rest of this day. hi, chuck. >> hey, barbara. good morning to you. a goo monday morning, everybody. a deck of mid and high level clouds starting to come in right now. our skies, which were a little bluer a few hours ago, are iffing to start to turn a bit more gray as we get into the afternoon. it's already toasty warm out there. 86 now at national airport and climbing fast. 84 in frederick, 81 in hagerstown, martinsberg and winchester along interstate 81. southern maryland, also in the mid 80s. we're keeping a close out today. the storm prediction center has us under a slight risk for severe thunderstorms coming up later on this afternoon. all that yellow shaded area there. that's where the slight zone is. there are light showers across parts of the central and southern parts of the shenandoah valley. it's raining in petersburg now. a few drops to the town of front royal and lou ray getting in on the rainshowers for now, and there's more where these came from.

not much going on here into the late morning hours, but that line of showers and thunder showers out across ohio is about seven hours away. that would put it in here along about 5:00, 6:00 this afternoon. we'll be keeping a close eye on that, barbara. the seven-day forecast coming up in just a few minutes. >> okay. we'll see you in here shortly. thanks a lot, chuck. well, it may be a bit tough getting around parts of arlington right now because of a water main break. south courthouse road is still closed between sixth and eighth streets while crews work to make the repairs. there's no word on when the road will reopen or the impact this is having on water pressure in that area. we're going to check first check for midday on our traffic. here's mike. hello. >> hi, barbara. looking fantastic in the beltway. interloop and outer loop, no serious delays. let's take a look at 95 in virginia. things looking great heading south moving at speed. northbound 395 at the 14th street bridge, construction there, traffic gets by to the left. it's about a 14 minute ride from the beltway to the bridge at 48

miles an hour. barbara. >> all right, mike. thank you so much. nice to have you with us today. new from overnight, police are looking for a man who stabbed another man during a carjacking in montgomery county. the incident happened overnight in the 20500 block in tread rick avenue. the victim was taken to the hospital with nonlife let inning injuries. police say he move the man who stabbed him. right now they're looking for the suspect. and right now police are searching for a critically missing man in prince georges county. 78-year-old leanneder cooper vanished sunday morning. police say he hasn't been seen since he dropped his wife off at washington hospital center in northwest washington about 8:00 yesterday morning. they live in oxen hill. he suffers from dementia. he was driving a silver 2006 chevy trailblazer with maryland tags 725m494. if you have seen cooper or his suv, please call prince georges county police.

and right now we're watching wall street. the dow is down more than 150 points. at one point it was down more than 220 points. new fear over european debt is pushing the market lower. the dow has had only four declines of 200 points this year, including its worst of 274 point drop back in june 1st. we're going to have a live updates on the markets later in the newscast from cnbc. nine minutes past 11:00 is the time now, and coming up, the latest problem for d.c. mayor, and the big names in town for the international aids conference, and it is goal of the diverse group for people attending. stay with us.

the death toll has reached 103 in iraq today. that makes this the single deadliest day of the year in that country. the bombings and shootings took place in more than a dozen cities and towns, and they occurred within just an hour of each other. most of the targets were security forces and government officials, which suggests al qaeda might be behind the violence. the leader of al qaeda in iraq warned yesterday that the militant group is reorganizing

its areas that had left before u.s. troops pulled out of iraq last december. there are new allegations against d.c. mayor vincent gray's 2010 campaign. they are reporting gray's campaign kept a database of public housing residents and used the list to get votes. that would be an ellegal use of government information. voter turnout in the district was 26% higher in 2010 than in the previous mayoral election. mayor gray is already facing pressure to resign after a former aide admitted to helping run a shadow campaign to help get him elected. and right now thousands of aids activists are in the nation's capital calling for a renewed effort to fight hiv aids. the 2012 international aids conference is underway at the washington convention center right now, and just a few minutes ago singer elton john and his husband visited the aids memorial quilt on the national mall. elton john will deliver the

keynote speech later this afternoon. news 4 is live in northwest washington and has more for us now. meagan, good morning. >> reporter: well, good morning, barbara. secretary of state hillary rodham clinton is calling for a generation free of hiv and aids, and that's actually a goal that everyone attending this conference is working toward, but until it can happen, (t&háhp &h%ay that tr continue their efforts to push for access to medical care and treatment as well as0ddvno carr

is much more that needs to be done. >> here in the u.s. and other places in the world, people are -- if they get the treatment, but a lot of people and most of the people in the world are not getting treatment and are still dying, so having hiv is not a fixed thing yet. >> it is the first time since 1990 that the international conference has been held at the united states paving the way the lifting of travel restrictions on hiv infected people seeking to enter the u.s. >> i think that this is really sfw great and that we should be able to work in partnership because we know the americans are very generous, and probably through that we'll be able to, you know, put the process together. >> the conference held at the d.c. convention center has attracted big names like sharon stone, bill gates, and secretary hillary clinton who spoke this morning. >> i want to salute all of the

people who are here today who do the hard work that has given us the chance to stand here in 2012 and actually imagine a time when we will no longer be afflicted by this terrible epidemic and the great cost and suffering it has imposed for far too long. >> and there are a number of other panel discussions scheduled for this afternoon, and then at 1:00 that's when elton john will deliver the keynote address and this conference wraps up later on in the week friday afternoon. reporting live for the d.c. convention from, meagan mcgrath, news 4. back to you. >> thank you, meagan. storm 4 meteorologist chuck bell joins us now. great to have you with us today. >> how are you doing today? >> i'm good. we're certainly enjoying the sunshine. been a very gray weekend. >> although, i will say from laugh people about that saturday when it was cloudy and rainy and

cool all day and a lot of people loved it. >> yeah. well, it was nice to have it cool down. then we did get some sunshine yesterday afternoon. >> oh, yeah. the sunshine returned yesterday about 3:00 in the afternoon here and around town and so that turned into a pretty nice finish to the weekend, and, boy, today lots of sunshine early this morning has really start to heat things up. most locations will be above 90 degrees for high temperatures later on this afternoon. be ready for a hot and humid afternoon. ahead of, believe it or not, more rain chances coming our way. you're probably going to need your umbrella before the sun goes down today, so if you don't have it handy now, start looking around for it as showers will be inbound after about 2:00, 3:00 this afternoon. right now just mostly cloudy sky here in washington. temperatures are on their way up for the day. 86 now at national airport. dew points in the low 70s. that feels very, very humid for sure. not much of a breeze for now. gradually winds will be southwesterly at five to ten miles per hour. temperatures pretty much 80s all around the immediate metro area.

cooler in cumberland, maryland, where it's 77 degrees. 76 in petersburg, west virginia, but those folks out in the mountains already have some light rainshowers. here's your planner then foot rest 6 the morning. hot and humid. climbing up into the low 90s for a brief time today with showers and thunderstorm chances starting to roll in here 2:00, 3:00, 4:00 this afternoon. thunderstorms will be scattered about probably through 8:00 or 9:00 this evening. slight risk. this yellow shaded area here, that's where the storm prediction area has a slight risk for organized severe thunderstorms later on this afternoon. not much going on now. a little sprinkle here in central fairfax cut, but most of the light to moderate rainshowers are now into the mountains of west virginia and along interstate 81. route 11 to the west of lou ray getting in the way of light rain for now. no severe weather with this first batch, but there are thunder showers now developing across parts of central and eastern ohio and they're zipping down to the southeast pretty quickly here. at the pace they're going, they should be over the mountains and into the metro area between 3:00 and 6:00. obviously arriving first out to the west and then coming into the metro area.

because of all the extra heating out ahead of those showers and storms, there's the reason we may have to worry about the chances for severe weather. trough of low pressure will help initiate the showers and storms later on this afternoon. things quiet overnight tonight. real muggy starting again tomorrow morning, and then tomorrow a weather front coming down our way means another risk for showers and thunderstorms on your tuesday. if you are headed down to the beaches, kind of a stormy day tomorrow, but wednesday and thursday look real nice with plenty of sunshine and temperatures in the 80s. for us today mostly cloudy. hot and humid for sure. passing showers now could lead to isolated stronger thunderstorms later this afternoon. highs today 88 to 95. then tomorrow partly sunny, hot and humid with another risk of thunderstorms tomorrow afternoon, so just sort of a busy start to the workweek around here. we get a little break from the heat and the humidity on wednesday with a high of only 90, but noticeably lower humidity. that will feel nice. thursday looks toasty warm with a chance of thunderstorms, and then a little unsettled weather pattern drifts on into the

weekend, but looks like a pretty typical way to finish out the month of july and get ready for august coming up pretty soon. >> i believe that too, but we always talk about the dog days of august like it's the hottest part of the summer. >> well, dog day refers to the dog star, which appears that time of year, and it is typically very, very hot in august, no doubt. >> want as hot hopefully as it has been this july. >> it can't be this bad. >> we'll see you again shortly. >> we'll check on midday traffic. hello again to mike. am i saying your name right? >> it's close. >> glad to have you with us today. >> it's great to be here. looking great on the beltway and outer loop. all your travel lanes are open. virginia, southbound and northbound 270 both looking fantastic, and maryland where we are -- you are about a seven minute ride to the beltway at 53 miles an hour. barbara. >> all right. thank you again, mike.

20 minutes after 11:00 is the time, and still ahead on midday what can we expect to see at friday's opening ceremonies of the london olympic games? plus, liftoff from virginia. the mission of the nasa rocket. here's a look at what's hot on nbc washington.com.

♪ we're counting down to the start of the olympic games in london. we're just four days away from the opening ceremony. the big question is who will light the flame at the games of the 30th owe limp yad? british media reports, say, five athletes may take part in the ceremony lighting. the lighting of the torch at olympic stadium in the best kept secret always. right now the olympic torch is

in london. torch bearers are run through the streets of london as they make their way to olympic park where the ceremony will happen at olympic stadium on friday. and from the torch to security. british organizers are sticking to their plans for the london games. nbc's matt lauer reports. >> reporter: seven years in the making. >> the games of the 30th owe limp yad are awarded to the city of london. [ cheering ] >> reporter: and now just four days to go until the opening ceremony of the london olympic games. the anticipation is building. the torch arrived in dramatic fashion friday night as royal marine martin williams dropped from a helicopter repelling into the tower of london bringing british and olympic pageantry to the city's historic heart. as the symbol of the olympic movement passes through the city's iconic sites, london is poised to be a game of historic firsts and the london organizing committee hopes that the third time is a charm as the city becomes the first to host the

games three times. in athletics south african sprinter oscar becomes the first amputee runner to compete in the games. women will outnumber men on the u.s. team for the first time. the ioc agreed saturday to allow u.s.-based marathon runner geor to compete independently under the olympic playing. the sudanese-born refugee has no passport and, therefore, no official nation. most of london 2012's 17,000 athletes and official advisory arrived at the olympic village. in the park all eight venues sit ready for action with crews adding finishing touches to the grounds and gardens. >> we're absolutely on schedule. we're right where we want to be right now. >> reporter: but the final days before the big event haven't been free of gaffs. security concerns loom as local police and military fill in large gaps created by the under staffed priority security firm g4s, a move british officials

hope will insure the public. >> we will be absolutely certain we will deliver a safe and secure olympics. we were let down very badly, but we always had a robust backup plan in place. >> reporter: on a brighter moat, sunny skies following weeks of rain have given hope to spectators and athletes who have prepared for what was predicted to be the wettest olympics in history. rain or shine, the olympic cauldron will burn bright friday night as the games officially kick off. >> on-line right now the u.s. paraolympian who quote "wants to kick china's butt" will be on later, and it's called an olympic cover-up, why a high profile event could look very different this year. it's 11:27, and coming up in our next half hour of news 4 midday, the man accused of killing 12 people inside a colorado movie theater is due in court in the next few minutes. we'll have the latest on what will happen next. plus, what happened on an amusement park ride that has

park officials taking extra precautions. and we can see rain later today. chuck bell wil i'm barack obama and i approve this message. [romney singing]: oh beautiful, for spacious skies, for amber waves of grain, for purple mountains majesty, above the fruited plain, america, america, god shed his grace on thee,

and crowned thy good, with brotherhood...

>> we're getting our first glimpse of james holmes sitting in a courtroom in aurora, colorado, for a preliminary hearing. we'll listen in as the legal proceedings and they will be brief get underway. >> good morning. mr. holmes, this matter comes on for what we call an initial advisement pursuant to rule 5. deputy, if you could please step back. you have a right to remain silent. you make any statements they can

and will be used against you and you have a right to be represented by an attorney. if you could not afford one amidst statutory guidelines, i would appoint one at no cost to yourself. any plea must be voluntarily. not the result of coercion. the -- typically you have a right to be advised of the charges. you have a right to be advised of the charges. the duty judge will make preliminary determinations in the first degree murder, which is a class one felony under colorado law. ordinarily 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 is probable cause to believe that you are the person that committed the offense. mr. holmes, do you have any question about that initial advisement? >> thank you, mr. king.

pursuant to crs 181001 we are to enter a mandatory protection order. my violation of the protection order can constitute in a new criminal offense and/or contempt of court. it is the order of the court you shall not harass, molest, intimidate, 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 location the victims are likely to be found. you shall refrain from contact, being directly or indirectly communicating with the victims, shout out possess or control firearm or other weapon, shall not possess alcoholic beverages or controlled substances and it is the further order of the court that you are not to commit any new offenses. if you would approach, please, ms. pearson.

i just signed a mandatory protection order. give a copy to mr. holmes and acknowledge this right on the record. >> charges which are request -- >> we are asking for an extended period of time, 72 hours, rule five only requires any unnecessary delays, so we will be requesting until next monday, july 30th. >> mr. king. >> we do not object to that. if i may approach, however, i do have an application to be completed -- >> you may. >> i have an amendment to the protection order in this case. >> the court has signed the application to be appointed a

public defender. public defender is appointed. we'll set the matter for formal filing and charges this monday, july 30th, 9:30 in this division. pursuant to the nature of the charges and the likely volumous pleadings, i'm entering an initial case management order. has counsel received a copy of that order yet? >> yes, sir. >> thank you. ms. pearson, did you receive a copy? >> we have not. >> okay. 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 be kept with a sequential number thereof. defendant will be d request w a sequential number thereafter.

i'll identify my filings with a c. in it we've had some filings already. the initial case management order, which i've captioned c2 does list the orders and motions that have been filed thus far. what i would like to do is just recap that and make sure i'm not missing anything. so far we've got c1, which is the emc decorum order i issued. we have the p1, which is the motion to seal the search warrant affidavit and orders in case file that was filed by the people. i did grant that. we've got outstanding d1, 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 d2, a motion to limit the pre-trial publicity. along with that motion,dy receive a proposed order. i'm inclined to go ahead and just track rule 3.6 and 3.86 the

rules of professional conduct. miss pearson -- just after we -- >> yeah. >> the court will be issuing the order granting the pre-trial publicity. we'll make sure counsel gets a copy. >> judge, there is some difference between -- >> the defense -- >> if you are watching this and wonder about the halting picture and the audio that comes in and

out, we're at the mercy of a media setup, a single camera in the courtroom, and this is one feed being shared by all media right now, so this is as it's coming to us. >> i did grant the request for expanded media coverage. i've not been -- a request for expanded media coverage at this time. >> these long pauses, these freeze frames is how the satellite feed is being received by us. >> we did -- do you have any

objection to that? >> that is the appropriate item. appreciate it. >> okay. ms. chambers, any objection to that procedure? ms. pearson? we do have the motion for access to the -- >> we're anticipating later this week. we are not finished yet with some of the things that have to be done. >> you in a position to give them reasonable access with a 24-hour notice? >> yes. >> all right. the court will issue an order concerning that. anything further on that issue? >> one thing -- >> 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, and i will amend -- >> your honor, i assume that they also want to be a part, and we also -- >> thank you. >> we filed this morning a motion. >> again, these -- if you are just joining us, these halting freeze frames, the audio drops out, the picture freezes. this is how all media are receiving this signal. they're obviously having a problem transmitting it out to the rest of the world from the facility there in aurora, colorado. >> right to -- >> the news media have pooled

their resources together, single camera allowed in the courtroom. we're at the mercy of this. savannah, so far -- savannah guthrie, our chief legal correspondent, today she'll co-host. so far any surprises, know whatting you know about these initial appearances? >> it's kind of that dazed and -- >> charges will be expected to be filed on monday. >> i want to correct myself. the courthouse is miles away in centennial, colorado. a short distance from where he has been held these last few days. he is still listening to counsel, and i think all of us

are having the same reaction looking at the variety and number of facial expressions that overtake him. almost -- you can almost surmise and catalog a number of thoughts. >> in some sense this is a powerful moment for the defense that we all pretty much expect. there's going to be some issue as to his mental veracity. whether or not it's an insanity defense or even ash issue that comes up before that to whether he is competent even to stand trial. the world is getting a look at this man, and he does not seem to be right, whether or not that ultimately will hold sway in a trial down the road, we'll have to see, but it's a moment the defense lawyers, i'm sure, are not unhappy with. they want the world to see this is the state of their client. >> we'll go back inside.

>> kate snow is outside the building there, and, kate, as you, i guess, were able to see along with us as we kept saying we're at the mercy of this video feed, but we were certainly able to see enough, and you reported just before we got underway that there was at least one vehicle full of victims' families that arrived to witness this moment. >> reporter: that's right, brian. a bus pulled up right behind us here. a charter bus. out poured a number of family members of victims. let's keep in mind that not only are we seeing this man's face for the first time, but family members of the victims who were injured and killed at that theater are inside that courtroom or in an adjacent overflow room viewing this and seeing him for the first time as well. an uncle of a 14-year-old boy

who was shot and badly injured told us on the way in -- he said, quote, "i just want to see his face." brian. >> kate snow in centennial, colorado, outside the building there, and savannah, seeing his face was shocking. he looks clownish and while we -- when the picture was on him, i wrote down a list of emotions kind of sadness, surprise, exhaustion, contentment, anger, confusion. all the things that seem to wash over his face. his expressions would change moment to moment. >> yeah. it's as if he almost couldn't believe what prepredicament he minds himself in. i really do expect the defense in this case to put on some kind of insanity defense, and they may argue that he is somebody who is not even competent to stand trial. that's something we saw in the

tucson shootings with the defendant there. he has never seen a trial because it was determined early on that he wasn't competent. that's probably the road the defense will go down. it may or may not work. we'll have to see what the psychiatrists who will ultimately evaluate him have to say. >> and, of course, it's important to remember, he has been in solitary, correct, since the moment he was processed, booked, and put in there, and has been told, i presume, very little. this is his first glimpse of life outside a cell. >> that's right. although it's my understanding he did have a chance to meet with defense lawyers at this point after his arrest. the reality is very much sinking in at this moment. >> when we were learning the very first details, the circumstances of the crime this detail of the red hair an omage apparently to the joker

character in the batman movie. first came out, i guess, friday. we learned that detail early on, but it's another thing to see him and see what he looks like, take his measure as much as you can on live television, and look at those haunting eyes. >> it's astonishing. i think that anyone who laid eyes on this defendant the first time there's a little shock. just stunned to see him, and you imagine the terror that those inside the theater felt when they came across this person at the end of a gun. this is a case that is almost certainly going to be a death penalty case. it's the choice of the elected district attorney. it may not officially be mentioned, but every experienced attorney you talk to in colorado expects this to be a death penalty case, and although i talked a lot this morning about the insanity defense, i want to make one thing clear. it's one thing to say somebody has mental problems where they seem crazy or they look crazy on television, but the bar for a legal insanity defense is much,

much higher. the defense would have to show that this was someone who did not know right from wrong and it's not at all clear that that is a bar they would be able to overcome. >> mike tiaibi was inside the courtroom for this brief legal procedure. he is now outside in centennial, colorado. mike, how can you add to the record what you have just heard us discussing here? >> hello, brian. i just heard a bit of what you were saying. let me tell you that we were all watching obviously very intently, those of us 35 reporters who were allowed seats in this 108 seat courtroom. what his demeanor would be like. you can see some of that on television. what struck me was a kind of lethargy that he seemed to be in. when the court officer said all rise, it took him about four or five seconds to finally come to his feet. he moved very, very slowly. his eyes seem unfocused as he was there. let me say something too about the way that the death penalty decision is going to be made after the arraignment. once there has been an arraignment and the plea has been entered, the state has 60

days to decide whether to seek death. they speak with the families of the victims in this case too. i asked the one person i was talking to about that in the criminal justice system, whether there has to be unanimous decision by the families oof the sdee seedents, and the family is not sure about that, but there is that level of concentration after the arraignment, and the arraignment could be months from now, brian. >> mike, i would say, you know, as a layperson he looked heavily medicated, except but for the fact that he has been in solitary and unless was allowed per legal provision some maintenance medications, i doubt he has had access to anything. we don't even know if he is under a physician's care, but you're right. he at times appeared to struggle to keep his eyes open. he appeared to be dominated by a force other than what was going on in the room. >> i think that's true. he wasn't concentrating or

following the proceedings when he was asked whether he had anything to say, when he was mile an hour annedized. he had nothing to say that to that nor reaction at all, many of the. unlike other defendants in these extremely dramatic and horrific cases who seem to be engaged when they're in the courtroom, he was not engaged at all. just so you understand, i'm sure savannah spoke about this from a legal point of view, but the way the procedure works here, this was an initial appearance/advisement in which the defendant is told what the charges are likely to be. there will be a murder charge. thus, the no hold bond for him. no application for bail. the charges immediate to be filed by monday, one week instead of 72 hours. it may be a preliminary hearing a couple of weeks from there, and then months before the actual arraignment. this is going to be a long, slow, ask and deliberate process. >> mike outside in centennial, colorado, and savannah, in the few seconds we have left, in this community where you and i were friday after word of this tragedy, they have now seen the face of evil. >> indeed.

this is a case where the judge allowed the camera to be in the courtroom, something that does not happen every day in colorado, and i think it's an acknowledgment of the need for this community to take a look at the man who is suspected of these terrible, atrocious crimes in aurora, colorado, and now people have seen him and have taken the measure of him, but we'll be seeing a lot more of him as this legal process gets underway, and it will be a long road. >> savannah guthrie, kate snow, mike taibi, part of the team covering this. we have had our first glimpse of james holmes. more coverage on msnbc, and a complete wrap-up on "nbc nightly new news". i'm brian williams in new york. >> welcome back to news 4 did mid-day. you have been watching a special report on the first court appearance of the suspect in the colorado theater shooting. we got our first look at the suspect 24-year-old james

holmes. he appeared after being accused of the shooting rampage at a colorado movie theater that killed 12 people and injured 58 others. the judge says he will be formally charged next monday. authorities say the 24-year-old former graduate student is refusing to cooperate and it could take months to learn what prompted the horrific attack on movie goers at that midnight screening of the latest batman film. stay with us for updates all day from colorado on air and on-line at nbc washington.com. in other news at this time, a roller coaster at kings dominion is now back on track after safety concerns this weekend. the park shut down the dominator after a guest was found unresponsive on the ride on friday night. emergency crews treated the visitor, then took that person to the hospital. the dominator opened at king's dominion back in 2008. the two-minute ride reaches speeds of 67 miles an hour. inspectors found no operational concerns and reopened the ride

today. nasa is hoping that a rocket launch from virginia this morning will help develop its next generation of heat shields. the rocket blasted off shortly after 7:00 this morning from nasa's wallops island flight facility on virginia's eastern shore. it will contain a heat shield that, according to nasa, looks kind of like a giant cone with intertubes. the space agency hopes it will help future spacecrafts carry heavier payloads into orbit. >> big losses this morning on wall street. we're going to check in with cnbc's cina. she joins us live with more on that and the rest of the day's business headlines. >> that's right. a sea of red out on wall street today. all ten s&p sectors declining when technology shares leaving the retreat and defensive areas such as utilities and consumer staples dropping less. markets not just in the u.s., but even abroad are getting hit as investors grow more concerned around the euro zone debt crisis. china and shanghai composite following 1.3% to its lowest close since march of 2009, and the japanese index also losing

around 1.9%. the dow opening today with a 200 point loss. some reports claiming that the imf may refuse more bail-out payments for greece, while spain moves to once again ban short selling so the big question on wall street, though, barbara, is, of course, are euro fears back to the forefront for good? earnings are front and center today. this week with one-fourth of the s&p 500 announcing quarterly results. today a rare miss for mcdonald's sending shares sliding as the world's largest restaurant chain cited fears over a slowing global economy and second quarter results weren't hit by a strong u.s. dollar which offset the company's better than expected same store sales. i'll leave it there. barbara, back to you. >> thank you so much. have a good day. it's 11:52. coming up, why some olympic athletes are considering trading in their bikinis for long johns? plus, meteorologist chuck bell will be back with another check of the forecast. [ male announcer ] where did all the obama stimulus money go?

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michael jackson's mother, catherine, is apparently safe and sound. her nephew reported her missing on saturday night. catherine jackson is the guard every guardianing, you'll remember, of michael's three children. michael's daughter, paris, tweeted that she hadn't seen mrs. jackson in a week. last week her children mentioned in a letter over a property dispute that catherine jackson had a mini-stroke. the family says she's now recovering in arizona with family. germane jackson wrote in a statement that his mother was following doctor's orders to rest. it is athletes competing in the beach volleyball games are trying to figure out what to wear. one australian competitor says she may wear long johns instead of her bikini. it just depends on the weather, she says. several matches are set for the evening when the weather can get

chilly in london. this is video from the beijing games. the athletes say they need to keep their muscles warm. athletes can wear their cold weather gear as long as it's tight fitting. some spectators may miss those bikinis. well, you can watch the olympic games here on nbc 4. coverage begins this friday with the opening ceremony. dan reports from london beginning on thursday. also, visit nbc washington.com for a list of the key events to watch. time now for a final check on our forecast and here's chuck bell. >> thanks, barbara. plenty of cloud cover outside now as we finish up the morning and head towards the noon hour. we are still under the gun potentially for some stronger thunderstorms coming up later on this afternoon. the yellow shaded area there is a slight risk from the good folks out at the storm prediction center. those rainshowers out in ohio, those are the ones we're watching. they're still about six hours away. they'll be arriving west of the blue ridge about 3:00 this afternoon. starting after 3:00. that is when we're on the lockout. mostly cloudy, hot and humid with the passing showers and maybe an isolated stronger storm

today. generally back into the 90s tomorrow today and tomorrow. humidity break on wednesday, and then unsettled weather to finish out the week. >> thank you, chuck. >> no problem. >> goo to have you with us. that's news 4 midday. thanks for joining us. we invite you to tune in at 4:00, 5:00, 6:00, and then at 11:00, and we'll be back tomorrow. hope you join us for that. until then have awe eh terrific day. see you in the morning.