craig silverman is known to many of us as one of colorado's most accomplished attorneys and lawyers. he has been a prosecutor. in a better world he would have been elected the district attorney of denver, and bill ritter might never have been governor of colorado. craig silverman recently completed a stellar run of a dozen years as the microphone partner of another good friend of centennial and the summit, dan kaplis. afternoons just aren't the same without you on the radio anymore, craig, so for consolation we bring out now in person craig silverman. [ applause ] >> what a great honor it is to be here again this year and for this specific purpose. i am a denver boy, fourth generation, and i think all of you know that we lost one of denver's finest to senseless stupid gang violence last weekend. even as we speak, denver police officer selena hollis is being buried at fairmount cemetery and some people in this city don't want to talk about the gang problem around here, but that won't make it go away. bad things do not go away if you close your eyes and shut your ears. we have to be ab

joining me now is rick cornfield and craig silverman as well as clint van zandt. 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

craig silverman is a former deputy district attorney, do i have that right?an expert in colorado law and knows a lot about the way this case will proceed. what we heard this morning was just the reading of rights to the suspect, and he didn't even say a word. his defense team, essentially, spoke for him said, yes, he's aware of his rights. >> right. but we did get a look at him. we got a look at his defense team, the colorado state public defenders. they are very formidable, and they really work hard and have great resources. if this is a death penalty case, you can bet that everybody is anticipating that, i thought he looked sad and contemplative of the situation. and as you describe the horror of what went down in the theater, and we know that he apparently told the cops about the booby traps. did he have a vision of, a, this is going to be cool, this is going to be fun and then realized in the aftermath, hey, this isn't the greatest thing, and he's sort of reflected that in the court today. he didn't seem like a crazy man. he seemed appropriately sad, and

joining us from the mile high city colorado prosecutor craig silverman and fox news anchor jon scott has been covering the story from the very beginning, did great work for us on friday night what's the headline today, john? >> his first court appearance judge appearance for yourself. onk hair detached expression. to me, it looks like he is some where vacillating between sorrow, drowsiness and bemused attachment when he is appearing in that courtroom filled with the weeping victims and their family members. the people he is accused of shooting. when asked whether he understood his rights holmes lawyer spoke for him as far as weekend tell, he didn't say a word. as bad as the shooting was, bill. we have confirmed it could have been a lot worse. a source who was at the theater that night. >> one of the first responders tells me the shooter began with his 12 gauge shotgun, then useed a .40 caliber glock pistol and semiautomatic rifle that he fitted with two 23 armor piercing rounds. he used an after-market drum magazine. a high capacity magazine but it was a cheap one and it jammed. and

what will happen in that courtroom, let's ask craig silverman, the former denver cheap deputy d.a.rning? >> it's a time to get acquainted. it will be interesting to see who his lawyer is. we expect the colorado state public defender. there was talk about doctor's ae road. i down that formal charges will be finalized today. that will probably come a few days from now. but we will see who the cast of characters are going to be in this case, including the judge. >> he will be informed of his -- of the charges they're at least investigating. we will not hear about an insanity plea or proposed death penalty which we assume the d.a. will propose. >> definitely not a death penalty decision today, but everybody knows that is on the table. in terms of an insanity plea, doubtful today, but expected down the road and maybe soon what other defense could they possibly have? >> looks like the only possible way to thread that needle. we are not likely to hear from the suspect either this morning. this will not determine his mental competence? >> no. but a lot of people will be looking at him. may

craig silverman / defense attorney"potentially we're talking about over 100 charges. 12 first degreeounts of attempted first degree murder" during holmes first court appearance last week, he seemed somewhat withdrawn and emotionless. some speculate he was drugged or putting on an act... possibly making an stance for an insanity plea. karen steinhauser / former denver prosecutor"...this is going to be a case where the focus is going to be on his mental state ... his mental state during the process to even go through this... and at the time that he committed these acts..." meanwhile, the judge overseeing the case has increased the blackout of information being released to the public. that includes details of holmes visits to doctor lynne fenton, a university of colorado psychiatrist.robert schalk / former prosecutor"...the judge is trying to be the filter of the information. // he doesn't want any information to be out there that would be inadmissible at trial..." one psychiatrist says we may eventually learn more about holmes visits with fenton since there is precedent for when the do

and joining us right now, weave' got with us craig silverman, former chief deputy, district attorney,ogram as well. craig, where did he get the money to buy this stuff, any idea? >> i don't know. i hear he comes from rather affluent neighborhood and so, he's 24 years old, and he made the supported by his family. >> maybe. >> alisyn: to us lay people, to regular people, this seems like an open and shut case. hundreds of witnesses saw a deranged young man enter a movie theater and perpetrate a blood bath, yet, i know to lawyer types this seems as though he could go on for months and years adjudicating this guy. why? >> right. if you want a case that never dies, pursue somebody for the death penalty in colorado and be successful, these things stretch out over a decade, especially with a defendant takes advantage of all the legal mechanisms. it is a slam-dunk case. it's not a whodunit, it's murder, premeditated word, this is triple pre-mmeditated murder and i believe the prosecutor will bring a death penalty charge against him. >> wt about the penalty at the time or subsequent to whether