24-year-old james holmes sat silently as a judge advised him of his rights and ordered he be held without bond on suspicion of first degree murder. holmes is accused of shooting and killing 12 people during a midnight screening of "the dark knight rises." 58 others were injured. this afternoon nine remain in critical condition. good afternoon. i'm pat lawson muse. >> i'm jim rosen field in for jim hanley this afternoon. it was the first appearance for holmes since the deadly rampage. >> jay gray has more from the family members. >> you have a right to be represented by an attorney. >> reporter: these are the first public images since the attack, a picture of evil for so many watching, including the family members of the victims. >> he does look fairly, seems like demonic or something like that. >> reporter: the 24-year-old is

accused of plotting for months and then carrying out a rampage wore a maroon jailhouse jumpsuit, haired dyed red and pink. >> i just want to see his face. >> reporter: he was disengaged, head bobbing back and forth, at times wide-eyed and fighting to keep his head up and open. >> mr. holmes, do you have any questions about that initial advisement? >> reporter: the judge setting the rules on what both sides in the case can discuss publicly, allowing the defense with 24 hours' notice to examine the crime scene and suspect's apartment. charges in the case, likely more than 100 counts will come next monday. a decision on the death penalty will take much longer after discussions with survivors and families of the victims. >> if the death penalty is sought, that's a very long process that impacts their lives for years. and so they will want to have

and we will want to get their input before we make any kind of a decision on that. >> prosecute es stress this is still a very active, on going investigation. >> we're still looking at the enormous amount of evidence and wed would never presume that it would be a slam dunk. >> reporter: today's hearing, the start of what would be a lengthy legal case. as the memorials grow and the mourning continues, it's clear the emotional trials this community must now face will be much more difficult and last a whole lot longer. now back to the legal fight of all this, d.a. carol chambers suggested it will be a year if not longer before this case goes to trial. jay gray, nbc news, centennial colorado. today vice president joe biden praised the skill and bravery aurora police officers showed after the shooting. >> you're not surprised of the stories of officers not waiting for the ambulance, knowing the difference between what is a

life-threatening wound and a wound, literally picking up a theater goer and putting him in his or her squad car and getting them to the hospital rather than wait for the ambulance. >> the vice president was speaking the a national convention of police organizations in florida. he said he initially planned to talk about policy, but chose instead to address the everyday hair ohhism of police officers everywhere. today the presidential campaigns resumed after a three-day pause to show respect for the victims. both candidates started the day in california. mitt romney attended this breakfast fundraiser in orange county followed by a business fundraiser in costa mesa. president obama flu to reno. he plans to return to san francisco tonight for three other campaign events. stay with us for updates all day from colorado coming up at 4:30, an investigation into just how easy it is for someone to get their hands on the type of weapon used in the shooting.

pat? >> crippling sanctions against penn state today in the wake of the jerry sandusky sex abuse scandal and subsequent coverup. the ncaa slapped the school with a hefty $60 million fine, stripped the school of 14 years of winning, stripping away joe paterno's title as the winningest division 1 coach of all time. the team is also banned from postseason games for four years and has a four-year scholarship cap. while the ncaa came down hard on penn state, it wasn't the so-called death penalty some expected. chris pallone has our story. >> reporter: it's a devastating blow to a once untarnished football program. ncaa president mark emrick says that's exactly what needed in a place where football caused powerful people to cover up the sexual abuse of young boys. >> no matter what we do here today, there's no action we can take that will remove their pain and anguish. what we can do is impose sanctions that both reflect the

magnitude of these terrible acts and that also ensure that penn state will rebuild an athletic culture that went horribly awry. >> reporter: penn state did not get the death penalty, too much harm to innocent parties. instead the school pays $60 million for an endowed fund to prevent child sexual abuse, lose ten football scholarships a year for four years, be banned from postseason play and have all wins from 1998 through last season vacated, meaning joe paterno is no longer the winningest coach in football history. >> one of the grave dangers stemming from our love of sports is the sports themselves can become too big to fail, indeed, too big to even challenge. >> reporter: the ncaa relied on penn state's own investigation into the scandal in crafting its punishment. sandusky will spend the rest of his life in jail. joe paterno is dead and his statue gone outside beaver

stadium. others await trial on criminal charges. penn state officials accept the penalty and corrective action. now emrick says it's up to penn state to make sure they never force things to the sideline. they say this punishment goes well beyond penn state, it should serve as a gut check for others who participate in college athletics. joe paterno's family release add statement today saying in part today's sanctions defame the legacy and contributions of a great coach and educator. the football player suspended for a year in what's being called bounty-gate is continuing his fight to get his penalty reduced. jonathan vilma met with lawyers in the nfl and nfl players association. they talked about the season long suspension handed down to ville ma in the wake of the saint's body scandal. sources say while progress was made, no resolution was made.

thursday a judge will hear a request for a temporary restraining order. if approved, he would be allowed to report to training camp. turning the the weather, we are tracking a little rain that could be making its way into our area. >> sort of a continuance for what we saw for part of the weekend. chuck bell on the news 4 patio with the latest. >> good afternoon everybody. plenty of clouds outside here in northwest washington right now. we've had about three raindrops during the course of the day. most importantly the clouds came in just as we approached peak heating. around washington we failed to make 90 degrees today. a little extra sunshine in a few places allowed some 90s in the map. southern parts of fauquier county, towards war ran ton, current temperature, 94 degrees. 86 rockville, 88 degrees at dulles airport. 87 at college park and silver spring. 88 degrees in baltimore and

annapol annapolis. there's two areas of rain, one to the north that's passing and one to our south. we'll zoom in. a couple of sprinkles in southern prince george and northern calvert county. the ones down to our south and west which will not be coming into our area are now intensifying along i-81. if you have friends or relatives making the drive down interstate 81 from stanton and harrisonbu g harrisonburg, we're kind of in the middle right here, we'll call it scattered shower and thundershower chances mainly north and south of the immediate metro area. temperatures mid 80s, back to the upper 70s to near 80 degrees by 11:00. what about tomorrow? any more hundreds in the seven day? more in a couple minutes. allegations from republican minnesota congresswoman michele bachmann have led to police protection for a senior advisor of secretary of state hillary

rodham clinton. the adviser is huma am dean. her husband is former congressman andrew weiner. a muslim american man threatened her and the threat came after bachmann accused her of having family members with ties to the muslim brotherhood. last week republican senator john mccain and house speaker john boehner defended am dean. a fairfax county new rule could impact where hundreds of parents send their kids to daycare. it's at the fairfax county government center at 7:00 in response to a new rule that allows at-home day care centers in fairfax county to watch just seven kids at a time t. chairman of the fairfax county board of supervisors says she hopes to change the county's limit to 12. that's the state's legal limit. when news 4 at 4:00 continues, hear who police are hoping to question in their

search for two girls who disappeared while riding their bikes. also tonight, a potential break through that could change the way patients are treated for cancer. singer elton john joins aids activist

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we won't get that vaccine to those in need if governments shun their most marginalized citizens. that is why compassion is critical. that is why love is the cure. >> sir elton john in d.c. today speaking out on behalf of the estimated 34 million people worldwide living with hiv. the singer spoke of the need to find a cure and the need to eliminate the stigma surrounding the disease after he visited the aids quilt on the national mall.

>> elton john's speech came as the leading hiv and aids researchers are here in washington for the first time in more than two decades. >> they're using words many never thought possible like cure, and the real possibility of an aids-free generation. erica edwards has more. >> reporter: scientific advances in hiv research in recent years have led the nation to a game changing moment in the fight against aids. >> we can start to begin to end the aids epidemic. most people don't know that. >> reporter: that belief is shared by many of the estimated 25,000 doctors and activists in washington, d.c. this week for the international aids conference. >> i'm trying to get more and more people treated and to change the attitude. >> reporter: dr. myron cohen of the university of north carolina led ground-breaking research last year that found treating hiv infected people with anti-retro viral drugs as soon as diagnosed reduce it is likeliho likelihood by 96% that they'll pass the virus to uninfected

partners. along with condemn usage, drugs may also prevent people from becoming infected in the first played. true have had da was recently approved for people at high risk the rate is skyrocketing among young african-american gay men. poverty and poor self-esteem are many reasons many of these men don't insist on using condoms, don't get trefted or treated. >> everyday we hear their experiences of homophobe yeah, racism, of the things that tear at their being. >> no matter who you are or who you love everyone deserves compassion. >> sir elton john, secretary of state hillary clinton and bill gates also spoke at the aids conference. during the conference secretary clinton announced an extra $150 million in aids research and prevention. in washington, erica edwards,

news 4. ♪ in my life there's been heart ache and pain ♪ >> sounds good. another singer taking part in the national aids conference today. you know him from the emmy nominated nbc series "the voice." >> he is sharing his own story in the fight against hiv. jamar rogers joins us in our studio. welcome. >> thank you so much for having me. this is so great. >> so nice to meet you in person, to see the face up close and personal. you such wonderful voice. it stunned the judges and you won that battle in the clip we just showed. your personal story has touched a whole lot of people. tell us about your own struggle with drug addiction. >> i became addicted to crystal myth at the age of 18 and stayed addicted for six years. i was sharing needles and leading a reckless existence. what it was i was love-starved. i didn't know what my place or purpose was. when i found out i was hiv positive because of needle use, i then had a purpose.

i then had a voice to speak out and say you don't have to die from this. >> you didn't decide to speak out right away. you struggled with that decision. >> yes. >> what made you decide to come forward? >> i started doing volunteer work in new york city with god's love we deliver. it began to change my own prejudices and stigma. i thought i had an obligation to let america know this is what hiv looks like, we're not decrep decrepit. i can demystify this thing, maybe we can eradicate stigma. >> how old were you when your drug problem started? >> i was 1. >> so you are now -- >> 30 years old. >> lobbying on behalf of young people who are drug addicted. tell us about that. >> yes. i really want people to know that where they are today is not where they have to remain. there's no pit too deep that you can't climb out of. there's nothing more remarkable about me than the next person. i just didn't give up. if i can let young people know that if they shed their own behavior and look to the future,

they can also accomplish really great things. >> there's a youth reception as part of the conference. >> yes, the red hot party at the black cat. i'll be singing a couple songs, doing a meet and greet. letting other people infected and affected by hiv know they have someone championing for them and fighting for them. >> getting back to you and that voice. what in the world are you going to do with that? >> besides making a really cellar album, seal low and i have been talking about doing some work together. i want to use celebrity as a chance to let people know that this is what -- the day i die which won't be any time soon, i want to know i accomplished something and it meant something. >> how does it feel to have that platform, this celebrity now all of a sudden? >> i think it's crazy, the one thing i was afraid to talk about for five years is the one thing opening doors for me. my message today is don't let fear stop you.

>> we know we'll hear that voice again, speaking out on behalf of a very worthwhile and worthy cause but also singing and making great music. jamar rogers. >> what a measure. >> thank you for coming by and seeing us. >> thank you. >> a lesson for all. we'll take a break. coming up on news 4, what happened to michael jackson's mother that led to reports she had gone missing? also cats and birds as friends, a rather strange sight that's getting a lot of attention. >> for all your news, follow news 4 online.

a strange sight in southern romania is getting a whole lot of attention. a chicken has adopted four kittens, even though their biological mother is still around. when the cat leaves her kittens even for a short time, the when

jumps in and takes over. she takes care of them. she even covers them with her wings at night. the when and the cat mothers aren't really getting along right now we're told, but the woman who owns them says they are still both good mothers. there's the saving grace. they're awfully cute. >> the kitty cat looks a little when-pecked, literally. >> literally is right. >> so we've got some clouds around and a few showers, but nothing big. >> this cloud deck that came in late morning, early afternoon actually helped us out. a lot of people don't care much for the strong thunderstorms and that cloud deck really helped us around the washington area. as you look over downtown washington, literally breaks of sunshine coming through. if you look on the left side of the monument, it's cloudy. if you look on the right side of the monument, on top -- on jefferson memorial, look at all the sunshine over here on the east side of the city, whereas

over here on the west side, a little of cloud cover out there. 88 degrees with all the clouds in washington. winds out of the southwest averaging 8 miles per hour. the dew point at 70 degrees. a lot of humidity around. that's goings to be hanging around through tonight and tomorrow as well. generally 80s on the map. but just down to our south, bonus sunshine has put our southern viewers into parts of central virginia, into the low 90s. showers up across parts of southern pennsylvania and stronger thunderstorms here to the west of charlottesville. these are running southeast bound. that's where most of the stronger and potentially severe thunderstorms will stay, charlottesville, richmond, north carolina border. strong thunderstorms in harrisburg, pennsylvania. the trajectory of the storms are going up towards northern delaware, southern parts of philadelphia. we don't really have to worry too much. everything is going either north or south of us. might still be able to cook up a couple of showers. not looking for any severe

weather threat around here. a trough of low pressure keeps the humid wealth tore the south. clouds may thicken towards sunrise tomorrow morning. tomorrow once the clouds burn away, temperatures back into the 90s for most tomorrow. ahead of a weather front which i think tomorrow will have a better chance of sparking storms even if we get extra clouds. i think the surface front may be just enough of a kick in the atmosphere to get thunderstorms cooked up for tomorrow. as we get into wednesday, wednesday will be the pick of the litter. low humidity, temperatures cooler than average. if you're headed to the beaches, tomorrow stormy at the coastline, but great weather as we head towards wednesday and thursday. lows in the low to mid 70s. for tomorrow, partly sunny, partly humid. a chance for stronger thunderstorms tomorrow. a hot one ahead of the storms. 95 tomorrow. wednesday, let's just take wednesday off and enjoy it.

89 wednesday, and i was talking jim about this last night, i don't see any hundreds on the seven-day, but we hung a 99 on thursday just to stay safe. >> close enough to hot though. still to come on news 4 at 4:00, a popular roller coaster shut down after a man suffers a medical emergency. also an investigation into how easy it is to get the type

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welcome back to news 4 at 4:00. i'm jim rosen field in for jim hanley. >> i'm pat lawson muse. james holmes faced a judge today for the first time since the attack. his hair was dyed bright pink

and red just like the suspect witnesses described to police and he appeared to struggle to stay awake during the ten-minute hearing. the judge set a few rules including what attorneys for both sides can and cannot discuss publicly. the defense was given the okay to examine the crime scene and hole ms' apartment. charges will likely come next monday. colorado has some of the weakest gun laws in the country. in this case holmes had no rap sheet so he would be able to guy guns in a store legally. so just how easy is it to get an assault weapon? nbc's jeff rossen and his team went undercover to find out. >> he's shooting in the auditorium. >> reporter: inside this theater police say james holmes opened fire with a stash of guns like these. the same kinds of guns we were able to buy, no back background check, no questions asked.

hundreds of thousands of guns on sale. we responded to advertisements and we bought this handgun similar to the one holmes used. >> you could be a dangerous criminal. you sold him this gun with hole he point bullets. >> absolutely. >> this semi-automatic assault rifle. >> you sold a man a dangerous weapon. what if he went and shot somebody with it? >> reporter: remember at gun stores, background checks are required. online nothing. in fact, police say james holmes bought 6,000 rounds of ammo online, and many most states like colorado, it's completely legal. earlier this year we went online in phoenix, arizona, another state where it's legal. within minutes we had meetings set up. our gun buyers, two security experts we hired posing as husband and wife. our hidden cameras are rolling as this man pedals a glock. we even hint we're criminals. >> we're not going to do any

paperwork, background checks because i probably couldn't pass one anyway. i shouldn't be selling it to you man. >> jeff rosen with nbc news. >> he told you he can't pass a background check. did that raise any red flags for you? >> slightly, in this economy when you need the money you need the money. >> it's about the cash. people can get hurt. doesn't that matter? >> yes. >> it didn't matter to you? >> i need the money. >> we could hardly believe it. the twist ts and turns are just beginning. this seller shows up with a tactical assault gun, an assault rifle and his 7-year-old son. >> i appreciate the background checks because i probably couldn't pass one anyway man. >> reporter: now watch as he hands the cash to his boy. >> jeff rossen with nbc news. >> i'm not interested in talking to you. we're doing a story about online gun sales. he said he couldn't pass a background check and you still sold him the weapons. >> but the most scary

transaction of all came after dark in this pharmacy parking lot. the online ad was for this 50 caliber sniper rifle, the most powerful gun legally sold in the u.s. it can pierce armored vehicles, even bring down a helicopter. but the seller is so laid back, you'd think he's hocking a used bicycle. >> enjoy it. i know you're to like it. >> reporter: once he got the cash, the gun was ours, no questions asked. but we had some for him. >> this is the gun of choice for the drug cartels worldwide. >> it's a 50 caliber, i understand. >> you know how powerful this weapon is? >> yes. >> doesn't it concern you that these guys could be dangerous felons, terrorists. >> never thought about it to be honest. >> doesn't concern you? >> no. >> now as the country mourns the latest massacre in aurora, the gun debate rages again. >> the reason that keeps

happening over and over again is trainsable directly to the weaknesses in our nation's gun laws. this doesn't have to happen. >> jeff rossen reporting there. a bill has been sitting in congress for over a year. the nra opposes the bill saying it has, quote, many serious flaws. chrysler's two top-selling vehicles are now under investigation for potential safety problems. the government is looking at dodge rams made in 2009 and 2010. there's concern that the rear wheels can lock up which can lead to crashes. there's also a probe involving the 2012 jeep grand cherokees. a possible power steering fluid leak could be to blame for engine fires. the investigation affects more than 330,000 vehicles in total. a recall could be issued once the investigation is complete. roller coaster at kings dominion is on the tracks after safety concerns weekend.

the park shut down the dominator after a guest was found unresponsive on the ride friday night. emergency crews treated the visitor and took that person to the hospital. the dominator opened at kings dominion back in 2008. the two-minute ride reaches speeds up to 67 miles an hour. inspectors found no operational concerns, so they reopened the ride today. there's more to come on news 4 at 4:00 this afternoon including the mystery surrounding the sudden disappearance of michael jackson's mother. a potential break through that

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...

michael jackson's mother katherine is apparently safe and sound. her nephew reported her missing to police saturday night. katherine jackson is the guardian of michael's three children. his daughter paris tweeted she hadn't seen ms. jackson in a week. last week her children mentioned

in a letter over property dispute that katherine jackson had a mini stroke. the family says she's recovering in arizona with family. jermaine jackson wrote that his mother was following doctor's orders to rest. using toxic drugs to fight cancer could be a thing of the past. instead, the body itself would fight off tumors with the help of a personalized vaccine. scientists in canada are working on the research. the personalizeded vaccine is created by mixing the patient's tumor cells with a virus. scientists say it works on mice. they're hoping to begin clinical trials on people sometime next year. when news 4 at 4:00 returns, a start in the high profile case involving a former chicago police officer. what led a pilot to land his plane on the side of a busy highway.

a single engine plane carrying four people ran out of gas and landed on an interstate. it happened late last night on i-15 in escondido, california. police say a driver later clipped the left wing of the

aircraft causing minor damage. no one was hurt. >> good thing there was dirt there and open area on the side of the road. >> not supposed to happen. >> any pilot will tell you that's truly a landing of last report. >> right, next to the highway. >> we were working all weekend. you were reading all weekend with the great reading weather. how many chapters could you get in on a rainy saturday? sgli think i did about six. >> where is your book report, pat. >> before this show is over, we want two paragraphs. >> ask william young, great author. >> now we're back to work, unseasonably mild. at least one day this week where you need to plan to stay inside and read because of the heat. thursday is not looking like a plez sapt outdoor weather day at all. right now not so bad. plenty of clouds around, 88 in washington, 88 annapolis, waldo

waldorf, la plate tax all the way up to 9. just further down to the south, courtesy of bonus sunshine they had. overnight tonight skies will be partly to mostly cloudy. a lot of clouds early on. i think we'll clear the skies out a bit. overnight low temperatures generally in the 70s, mid 70s in town. for tomorrow, a hot one ahead of a cool front that will bring us a beautiful day on wednesday. tomorrow's high temperatures low to mid 90s. about 95 in washington, 95 in dale city and quantico, 9 in charlestown, west virginia. on the radar, not much around town. we might have this little patch of moderate showers over the next hour and a half to two hours. no thunder or lightning with that batch there. the heavier storms are well down to our south. that looks where they'll be staying. also a line of storms headed towards philadelphia if you're waiting for friend and neighbors to come back from the philadelphia area, might have slowdowns because of the weather out there. in the quiet spot for tonight.

no one will complain about that. here is your seven-day forecast. 95 tomorrow, 89 on wednesday. that will be the nicest day of the week, followed immediately by thursday, one of the ugliest days of the week. doug and i back there, hemming and hawing, should we put 100 on there or not 1234 be advised we may have to put 100 on there for thursday, because we've already had seven hundred-degree days so far. first place is 11. we're seventh. >> who needs that? >> once you get that close, we want the record. >> meanwhile we sweat. coming up on news 4, a bold journey for the olympic flame ahead of the 2012 games. ♪

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a race to the alter for good reason for these future brides. they lined up in their wedding gowns and speakers in serbia for a 150 meter sprint on sunday. nothing like great motivation for a workout. the first and second place finishers get their entire weddings paid for. when the rest of the brides are left with dry cleaning bills after runs that 150 meters in their wedding gowns. i guess it's worrying it. >> i suppose. it's almost here. four days to go before the opening ceremonies of the 2012 london olympic games. today the head of the international olympic committee paid a visit to athletes village. he checked out room accommodations, dining areas and chatted with several athletes in town for the games. on a more somber note, he also led a moment of sigh lentz inside olympic village in memory of the israeli athletes killed at the mun ek games 40 years

ago. >> the olympic torch still making its way through the streets of london. today acclaimed actor patrick stewart took a turn on the relay, best known for his role as picard in star trek, the next generation. he says carrying the flame is an experience he will never forget. the torch is on the fim leg of the 70-day journey in the olympic stadium and the start of the 2012 games. you can watch the games right here on nbc4. coverage begins this friday with the opening ceremony. dan hellie reporting from london beginning thursday. also visit nbcwashington.com for a list of the key events to watch. >> we can hardly wait. >> yeah. can't believe it's almost here. still ahead on news 4, a trial three years in the making. coming up what's next for a former police officer suspected ofn the disappearance of his wife. >> who police are interested in talking to as the search for two missing cousins heats up. for all your news, be sure

to follow

after three years in jail waiting for trial, today former police sergeant drew peterson is in court for jury selection. he's charged with murdering his third wife, kathleen savio in 2004. peterson is also a suspect in the 2007 disappearance of his fourth wife, stacy peterson. although he's not been charged. savio was found in a dry bathtub with blood in her hair in their illinois home. her death was first ruled an accidental drowning but then changed to murder after the investigation was reopened. the mother of one of the two missing iowa girls says she's passed a second polygraph. that should prove she had nothing to do with her disappearance. the young dowels ins disappeared 11 days ago. >> today there's so hope they're still alive.

officials reclassified the case as an abduction. nbc's john yang has the latest on the search. >> reporter: posters and pink ribbons dot this community as the search continues for 10-year-old lira cook more see and her 8-year-old cousin elizabeth collins. lyric's mother says the family has done all they can. >> we've told all we know to tell. we've done the polygraphs. we've done the cooperation. >> reporter: the girls were last seen 11 days ago when nay set off on their bikes later found at myers lake. an intensive search and draining the lake turned up no sign of them. one week after they disappeared, investigators say they had evidence that lyric and elizabeth were alive but offered no details. >> we aren't sure of their evidence. do we feel they're alive? we always felt they were alive. >> reporter: lyric is raised by her relatives, while her parents, no estranged, spent much of the last ten years in prison on drug charges.

>> that's going to cause law enforcement to invest more time, not only looking at the parents but looking at their known criminal associates. >> lyric's mother and aunt say it is family's criminal past has nothing to do with the girl's disappearance. >> we do feel that it is someone we do not know, someone that may have just seen them playing. >> whoever has them, let them go please. >> now the suspect in the colorado theatre shooting in court today. appearing dazed and confused. the accused gunman in the colorado movie massacre faces a judge with his haired dyed red. the jerry sandusky scandal rocks penn state again. this time severe sanctions to the football team. plus elton john makes a stop in the nation's capital to help kickoff the aids conference. good evening everyone. i'm jim rosenfield. >> i'm pat lawson muse. wendy and jim are off tonight. we start with the mass murder at

a colorado movie theater. 24-year-old james holmes showed up in court with orange-red colored hair. he didn't say a word. >> today investigators say they found a batman mask inside holmes' boobytrapped apartment. 12 people died, 58 others hurt. his first court appearance left the world still asking when. >> please be seated. >> reporter: it was the public's first look at the man we had only so far seen in still photos with his brown hair died bright orange-red, a dazed and subdued james holmes said nothing during the brief court appearance. >> you have the right to remain silent. if you make any statements, they can be used against you. you have a right to be represented by an attorney. if you can't afford one under statutory guidelines, i will appoint one to represent you at no cost to yourself. >> reporter: holmes at times looked wide-eyed, then dog gi. the judge advised him he would

be held without bond at this proceeding called an initial advisement. family members of some victims were in court to get their own look at the 24-year-old suspect. he had been held in solitary confinement since his arrest outside the movie theater early friday morning. a decision on official charges and whether to pursue the death penalty is expected to come later. >> victims will be impacted by that decision in an enormous way for years. so they will want to have and we will want to get their input before we make any kind of a decision on that. >> reporter: the d.a. says the investigation is far from over. much evidence has been collected already from holmes' apartment, now cleared of its deadly booby traps. >> you can think about possible defenses for this guy. well, one thing is probably going to be pretty clear to anyone, is there was a lot of deliberation in what this person did. >> reporter: speaking the a gathering of police organizations in florida today, vice president joe biden paused to remember those still hospitalized in colorado. >>