knowing that james holmes was likely going to go to trial soon, that idea was repealed. so we still have our death penalty but it's been up in the air. at this time we have three people on death row. one of those people has been on death row for a couple of decades. so it takes a long time. it's very hard to do here. >> warner: finally an insanity defense. again, every state is a little different in terms of what the standard is. what does the defense have to demonstrate to get him declared not guilty by reason of insanity? >> you know, they're going to have to show that he was spiraling, that they're going to have to call witnesses who saw him in spiral which could be people he was in school with. maybe his professors. maybe his family. and they're going to have to show his communications, things that were in his computer. was he holed up in his apartment in the dark by himself as he spiraled down? they're going to need to bring in his psychiatrist. the one from the university of colorado lynn fenton who we've heard so much about. they're also going to have to go down t

himself saying, for james holmes, justice is death. the scene we're getting from the courtroom is one of great emotion. some victims apparently in tears hearing this announcement. we also know that the parents of james holmes are also in the courtroom. i see a note saying that the parents look shaken. i don't know if that is referring directly to the parents of james holmes. we'll try to get more information on that but the big headline is the prosecution will seek the death penalty. no life in prison for james holmes by a plea of insanity. they're going for the death penalty in this case and we'll keep you posted as we hear more. jon: well a bomb scare prompting an early morning evacuation at a us air port. we'll tell you what happened and where coming up. >>> also washington keeping a close eye on north korea as that regime steps up its nuclear threats. what the u.s. is doing now to try to keep the north in check. this day calls you. to fight chronic osteoarthritis pain. to fight chronic low back pain. to take action. to take the nex

last week prosecutors rejected a deal to have james holmes plead guilty to avoid the death penalty. he is charged for the july 20 shooting that happened during the screening of the dark night rises. 12 people were killed, 70 injured. last month a judge entered a not guilty plea on james holmes' behalf. >>> the white house said north korea's threats are all talks. he says north korea hasn't changed their posture to back up the threats from the leader. he declared a state of war with south korea and south korea's president declared to use military action. the u.s. sent fighter jets to south korea sunday for exercises after sending bombers last week. >> designed to reassure our allies and reduce pressure on soul to take action. >> the drills should keep north korea's leader from taking his threats too far. >>> the a's hope opener is tonight at the coliseum and the rain stopped in time. ktvu's fred inglis is there. >> reporter: win or lose they are going to be exciting. the weather is gorgeous. and if fans are still streaming in for tonight's 46th oakland a's home opener and it is a sel

last wealth of evidence from that boobytrapped apartment that was not too far away where james holmes was living. if you had this case in your purview and holmes was your client is the best defense going down the line, doing away with that competence and going with insanity when it comes to the planning that went into doing something like this? >> if mr. holmes is competent and the lawyers are ethically, you know, comfortable with the idea they have a competent client, the issue comes to explaining the insanity and what that defense entails to a defendant. if a defendant is capable of, you know, kind of withstanding some intensive psychiatric evaluations, which would include, you know, evidence that could be used against him at a sentencing hearing or if a jury decided to impose -- get to the death penalty issue, i think a very, very difficult decision, but i think probably, probably, the defense has a little other options they can pursue concerning a defense other than insanity. >> criminal defense attorney gary lozow. thanks for making time for me. i appreciate it. >> thanks for hav

james holmes had no visible reaction as the d.a. announced for james egan holmes justice is death. this after prosecutors rejected a plea deal that would have led to a guilty plea but spared holmes from the death penalty. accused of murdering 12 and injuring dozens last summer inside an aurora movie theater, holmes's lawyers will pursue an insanity plea. the victims were split. some thought the d.a. should have accepted the plea deal. others think holmes should face death for his accused crimes. brian? >> miguel almaguer covering for us from centennial, colorado, tonight. miguel, thanks. >>> the latest from south africa is nelson mandela is improving. he spent a sixth day in the hospital and continues to respond to treatment for the lung condition. the nation and millions around the world, of course, have been in suspended animation over worry for the president. he's now been hospitalized three times in the past four months. >>> while the white house is cautioning nothing is final, no formal nomination has been made reports have surfaced that caroline kennedy is being vetted for u.

prosecutors now say they will seek the death penalty for james holmes. ople and injuring 70 more in a movie theater in july. back on friday, prosecutors rejected a deal for a guilty plea in exchange for taking the death penalty off the table. if they do seek legal injection, the defense is expected to plead not guilty by reason of insanity. >>> in china, two people have died from a knew strain of the bird flu. both men died less than two weeks after contracting the virus. another person is in critical condition. scientists say the strain has not been found in people before. another strain is being closely monitored because scientists think it could mutate an spark an epidemic. >>> starting today, new rules regarding women and mammograms. women described as having brens tissue after a mammogram may be notified boo increased risk -- about a increased risk. critics argue there's no manner to determine the breast density. >> dense breast findings should be taken into context of each patient. it should not be considered something where you automatically feel o

prosecutors now say they will seek the death penalty for james holmes. killing 12 people and injuring 70 more in a movie theater in july. back on friday, prosecutors rejected a deal for a guilty plea in exchange for taking the death penalty off the table. if they do seek legal injection, the defense is expected to plead not guilty by reason of insanity. >>> in china, two people have died from a knew strain of the bird flu. both men died less than two weeks after contracting the virus. another person is in critical condition. scientists say the strain has not been found in people before. another strain is being closely monitored because scientists think it could mutate an spark an epidemic. >>> starting today, new rules regarding women and mammograms. women described as having brens tissue after a mammogram may be notified boo increased risk -- about a increased risk. critics argue there's no manner to determine the breast density. >> dense breast findings should be taken into context of each patient. it should not be considered something where you automa

this was the arrival of james holmes' parents today. his mother began crying in court today. but holmes showed no reaction. his attorneys had tried for a deal that would have meant life in prison -- but the prosecutors refused. >> jacqueline: dry conditions tonight. as for the fog. we will definitely see a lot of fog. the increase with rain. and as for go towards the 8:00 p.m. hour. stubborn. still lingering over the north bay. portions of the south bay. san francisco temperatures in the south bay will be warmer. cooler for the east bay shore. and remember you can watch the weather forecast whenever it is convenient for you on our 24/7 bay area news channel. you can also get headlines and live traffic. it's on comcast 193 and you can also watch it live on kron4.com. >> under a new state law some california women will get more information following their routine breast examinations. starting today women with dense breast tissue must be notified of that finding after a mammogram. health professionals say as many as 40 percent of women over the age of 40 have dense tissue, which

colorado prosecutors say.they are going after the death penalty for james holmes. is the man charged with killing a dozen people in a movie theatre last july. this is holmes at an earlier hearing -- no cameras were allowed inside court today. the prosecutor says, he talked about the penalty for holmes, with the 60 people who lost relatives in the shooting.and decided that "justice is death". the trial has been delayed until at least february to allow both sides to prepare. >> this just in to the kron 4 news room north korea it is promising to restart its small football facility it was closed and 2007 as part of an international nuclear disarmament deal. with threats to launch strikes even against the u.s.! they are taking those threats seriously. a veteran san jose firefighter, who collapsed while battling a blaze last august, is back on the job. firefighter frank ryan was treated to a 'welcome back breakfast' at station- one this morning. ryan suffered a heart attack on august 30th. as crews were gaining the upper hand on a stubborn 3- alarm fire at st. patrick's

find out if they plan to ask for the death penalty against james holmes. >> mounting tensions on the korean peninsula >> eric: new this morning, prosecutors in colorado movie theater shooting they will ask the death bailout against james holmes. this is new video of the parents arriving in court. d.a. said he made the decision after speaking with more than 800 victims and family members. he is charged with killing 12 people and wounding 58 others during a midnight screening of a movie last summer. his attorneys are expected to argue he is insane at the time of the shooting. >> prosecutors are high alert after a district attorney and his wife were found shot to death. there is extra security outside the courthouse. the killers are still on the loose. sources tell abc news the killer used an assault style rifle to shoot the district attorney and his wife saturday night. this happened a deputy district attorney was also shot down. >> why here in are we getting a assistant d.a. getting killed and a d.a.? >> they are reviewing cases brought by the two murder cases. >> south korean says th

last week prosecutors rejected a deal to have james holmes plead guilty to avoid the death penalty. he is charged for the july 20 shooting that happened during the screening of the dark night rises. 12 people were killed, 70 injured. last month a judge entered a not guilty plea on james holmes' behalf. >>> the white house said north korea's threats are all talks. he says north korea hasn't changed their posture to back up the threats from the leader. he declared a state of war with south korea and south korea's president declared to use military action. the u.s. sent fighter jets to south korea sunday for exercises after sending bombers last week. >> designed to reassure our allies and reduce pressure on soul to take action. >> the drills should keep north korea's leader from taking his threats too far. >>> the a's hope opener is tonight at the coliseum and the rain stopped in time. ktvu's fred inglis is there. >> reporter: win or lose they are going to be exciting. the weather is gorgeous. and if fans are still streaming in for tonight's 46th oakland a's home opener and it is a sel

on the other side, the journalists and amongst us james holmes' parents. the d.a.y spoken with 60 of the victims and he had told nobody of his decision, not even the attorneys on his team, and that's when he said in this case, justice is death. he then went on to do a number of procedural things, set the court date for the trial for next february. you can just see the shock on our side, where james holmes' parents were, the father puts his arm around the mother, she was quietly sobbing. on the other hand, sort of mixed emotions from the families. later we caught up with them. listen to one of the friends of somebody who was killed in the theater. listen. sorry. they came out and spoke with us, fredricka, and some people said, they said, look, sign me up, i'll be the first one to watch the execution. other people including a man named marcus weaver, himself shot in the shoulder, allegedly by james holmes, said they're still willing to take this deal if the prosecution will go for it, but very frustrated that at this point james holmes is not just owning up to what t

find out if they plan to ask for the death penalty against james holmes. >> mounting tensions on the korean peninsula and [ man ] we have a go for auto sequence start. t-minus 5, 4, 3, 2, 1... ignition. [ male announcer ] launch your internet experience on at&t's newly expanded advanced digital network and connect more wi-fi-enabled devices at home. [ female announcer ] call to get u-verse high speed internet starting at $14.95 a month -- a guaranteed price for 12 months. or ask how to get your choice of a kindle fire hd, sonos play:3 or xbox 360 free with other qualifying internet offers. [ male announcer ] and get more speed for wi-fi gaming, more reliability than ever and more connectivity between devices. [ female announcer ] so call to get u-verse high speed internet starting at $14.95 a month -- a guaranteed price for 12 months. or ask how to get your choice of a kindle fire hd, sonos play:3 or xbox 360 free with other qualifying internet offers. [ male announcer ] u-verse high speed internet. [ man ] where all systems are go. ♪ >> eric: new this morning, prosecutors in colorad

prosecutors says james holmes deserves to die for shooting 12 people inside a movie theater. officials will seek the death penalty. >>> the 21-year-old star of the mtv reality show "buckwild" has died. shane gandee was found along a dirt road in kentucky along with the body of his uncle and a third man. the reality star and his uncle were reported missing on sunday. >>> michael jackson is the subject of another lawsuit this time a civil suit brought by his mother against concert giant aeg live. the trial will examine if the company was criminally negligent in the hiring of his personal physician, dr. conrad murray. murray was found guilty of involuntary manslaughter in 2011. >> caroline kennedy will soon follow in the foot steps of her grandfather. nbc news confirming she will soon be tapped to be the next u.s. ambassador to japan. >>> new jersey governor chris christie has signed a bill banning children under 17 using tanning beds. that move comes after the now-notorious case of the so-called tan mom who allegedly brought her 5-year-old daughter into a tanning booth. >>> the

they show james holmes, a psychologist at the university of colorado, boulder, told campus police holmes had homicidal thoughts. the documents revealed an arsenal of weapons and several computers were taken from his home. he received a number of shipments from his online ammunition company. holmes is said to be tried in february of next year. new this morning, the rainy weather bringing some unusual sites to northern california. a funnel cloud spotted near the town of cording just north of chico. a tornado warning was issued for the area but there were no reports of any twisters actually touching down. that's close enough. >> 4:49. how about a friendly wager for the final four. we'll tell you what the mayor of berkeley will get to win the cal women's game? we're predicting that. a community comes together to help a mother and her newborn baby. hundreds of people rushed out to a remote people of the amazon in the middle of the night. >> we have dense fog forming this morning. we are going to get you up to speed and out the door. i'm anthony slaughter in for mike inouye tracking your roads

prosecutors are looking to seek lethal in jokes and james holmes is -- lethal injection. >>> they willnew gun control measures and some say this will prevent mentally disturbed people from getting guns and some say this will infringes on second -- infringe on second amendment rights. mark kelly says it is common- sense. >> any bill that does not include a universal background check is a mistake. we can still make progress without going too far. >> congress comes back from their spring recess on april 8th, so far no vote has been scheduled at this point. >>> there are escalating threats from north korea and south korea as they look for war. south korea will not tolerate any provocative moves. kyla campbell just got back from the pentagon. >> reporter: they say they are taking these threats very seriously and they are in close contact with their south koreaian allies. they have joined military exercises and meanwhile military leaders met with kim jong il and this comes after they had entered into a state of war with south korea and also said the u.s. mainland is vulnerable -- vulnerable

. >>> prosecutors will seek the death penalty for james holmes.ces 166 counts of murder and attempted murder for the shootings at a theater in aurora, colorado. fwefl people were killed. the trial won't begin for almost a year as the judge delayed a start until february 3rd. the kcolorado has only executed one person since 1966. >>> abd one of the stars of mtv's reality tv show "buck wild" 0 has die odd. shane gandy was found dead along with two other people in west virginia. mtv is reporting that his uncle was another victim while the identity of the third is unknown. the three bodies were found in a truck on a dirt road. authorities say they do not suspect foul play. >>> and there is a new president in the running to win the hearts of baseball fans in washington. william howard taft, or bill, became the fifth person to join the fourth inning race at nationals home games. bill has a close connection to baseball. taft is credited with starting the tradition of the ceremonial first pitch. i was reading up on this. i think he'll inspire a lot of lov

prosecutors are looking to seek lethal in jokes and james holmes is -- lethal injection. >>> they wille up the new gun control measures and some say this will prevent mentally disturbed people from getting guns and some say this will infringes on second -- infringe on second amendment rights. mark kelly says it is common- sense. >> any bill that does not include a universal background check is a mistake. we can still make progress without going too far. >> congress comes back from their spring recess on april 8th, so far no vote has been scheduled at this point. >>> there are escalating threats from north korea and south korea as they look for war. south korea will not tolerate any provocative moves. kyla campbell just got back from the pentagon. >> reporter: they say they are taking these threats very seriously and they are in close contact with their south koreaian allies. they have joined military exercises and meanwhile military leaders met with kim jong il and this comes after they had entered into a state of war with south korea and also said the u.s. mainland is vulnerable -- vu

jon: kirsten this is a case in which james holmes attorneys' offered a guilty plea.re is not a question here as to whether he did this. >> right. jon: so why are we digging for information as to how she got information suggesting that he did it? >> to intimidate people so in the future they won't share information with journalists. and so since they can't get anybody to admit that they were the one who gave the information, they are trying to go after the journalist, and then what that will mean is if she was somehow forced to give up her information, i assume she probably won't, she probably would go to jail to protect that force in the future nobody will talk to anybody. it's the government abusing their power to try to keep people from talking to journalist stkpwhr-s we ar journalists. jon: we have a very personal interest in it. we will keep our eye on this and let you know what happens with jonna winter. you can catch more of this terrific panel when i host fox news watch. we will cover the coverage of the week's big stories. saturday 2:30 eastern time. kirsten

more for you. >>> they will go after the death penalty against james holmes.is video from his last appearance. the judge set a court date for last year. meanwhile, families worry about the nightmare dragging on for years. nbc's leeanne greg is live for us in colorado. some of the victims have worried by prosecutors not taking there plea deal, they'll have to relive the emotion and pain of what happened during that massacre. >> reporter: he is still awaiting the execution 19 years after the crime and it will take a lot of time to finish this case. as it were. now that it is a death penalty case. it could possibly take years. the district attorney is extremely clear this morning when he said james egan holmes for him, justice is death. that d.a. said he and his staff have talk with more than 800 family members, victim about their thoughts on pursuing it. some people thought it would take too long. one man said he wanted to still be alive when justice was served. another said, of course, this man killed his son. he would like to see him executed. and others said

death for james holmes. plus, michael jackson's mom is seeking $40 billion in a wrongful death lawsuit. and the trial begins today. you're watching "first look" on msnbc. what's droid-recognition ? understanding you clearly... what is the capital of zimbabwe ? ... the first time you ask with the google voice search. the droid razr maxx hd by motorola. droid recognition. droid powerful. that's not much, you think. except it's 2% every year. go to e-trade and find out how much our advice and guidance costs. spoiler alert: it's low. it's guidance on your terms, not ours. e-trade. less for us. more for you. by the armful? by the barrelful? the carful? how about...by the bowlful? campbell's soups give you nutrition, energy, and can help you keep a healthy weight. campbell's. it's amazing what soup can do. and be good for your face? [ female announcer ] now there's new neutrogena® naturals acne cleanser. acne medicine from the wintergreen leaf treats breakouts. no parabens or harsh sulfates. for naturally clear sk

the psychiatrist who treated james holmes warned police a month before the shooting spree. dr. fenton. in new york, defense attorney joey jackson. marty, let me start with you, if i can. can you tell me anything more specifically about the kind of drugs that they found in his home and the kinds of comments apparently that got that psychiatrist so worried she told the police? >> yeah, well, both of those are rather interesting. let's talk about the drugs first you mentioned. there was a breakdown. that's what we found in these documents was the detail. and the drugs that were found inside of the apartment, which is the one located directly behind me here, they found antidepressants, anti-anxiety pills, ibuprofen, sleeping pills. that's quite a combination. also cans of beer, bullets and all the weaponry and paraphernalia. so the drugs raise a level of concern because it indicates you have a person who has some problems. then you have the psychiatrist, and as you point out, this is lynn fenton who came forward 38 days before the attack and went to the authorities here at the univ

send a message to james holmes and his lawyers who want to put her behind bars.best story of the week and a follow-up to a story that we did last year on the 5. brian banks, you may he remember him. he was convicted of rape when he was in high school. he had a usc scholarship to play football. he went to prison over five years. last may he was exonerated when the woman said he was raped made it up. he came out and said i'm not bitter. i just want to play ball. someone give me the chance. we pleaded here on the 5 with the nfl coaches, somebody give him a chance. this week he was signed to the atlanta falcons. congratulations, brian, i'm sure you have a lot of fans here. >> that is great. you know how sometimes you wish that your dog could talk and how rescue animals know that they are being rescued. tyler, texas after they found out when he barked it sounded like he was saying something. take a listen. [barking] i love you greg. >> band phrase? >> oh, man. >> you can't make this stuff up. >> i was going to say that about that you just can't make that stuff up. i'm

. >> for james holmes, justice is death. that from the prosecutor announcing he will, indeed, ask for the death penalty for the accused gunman in the colorado movie theater massacre. james holmes is charged with killing a dozen people and wounding 70 more last july. prosecutors say they talked to hundreds of survivors and victims' relatives about whether to ask for the death penalty. one man whose best friend died in the shooting says: he is all for it. >> thumbs up. for the death penalty? thumbs up. if you cause death upon somebody, i personally believe the only justice that can be served is death on yourself. >> legal experts say they expect defense attorneys to argue holmes is not guilty because he was legally insane at the time of the shooting. alicia acuna outside the courthouse in sentinel, colorado for us. alicia, the judge delayed the start of the trial until next year? >> that's right, february 3rd, 2014. that's a sixth month delay from the original trial date, shep. that agitated some of the victims and family memb

the judge and james holmes defense team want to know if someone in law enforcement violated the gag orderis compelled to testify heupbls on whether that -- hinges on whether that notebook is entered as evidence. if she does it would be extremely rare. >> the court has made clear that there is an even higher bar in cases like this where the reporter is a third party, a witness, not a defendant, not a party to the action. at the court has made clear that the bar is even higher in such cases. >> reporter: james holmes is expected to be in court as well today. it is his right as a defendant. remember, he has already offered to plead guilty in exchange for escaping the death penalty. the district attorney here rejected that offer. also we are not at the trial stage yet, rick. the trial isn't expected to start until next year, and today's hearing doesn't go anywhere near to the point of james holmes guilt or in sense. this is about who leaked information to a reporter. and that hearing begins at 1:30 mountain time. rick. rick: thank you. jenna: a famous evangelist takes to the internet to tell

. >> un siquiatra que vio a james holmes antes de asesinar a 20 personas en un cine, dicen que el hombre antes de la masacre, y que envió mensajes electronicos amenazandola, la declaracion de la siquiatra se conoce hoy cuando un juez dijo que la hiciera publica >> un juez dijo que regalaran armas y los entrenen sin costo, deben someterse a una revision de antecedentes, y quieren extenderlo asant san antonio. >> el presidente barack obama dice que sera difícil aprobar una ley de control de armas más que una reforma migratoria, dicen que se sienten optimistas que la reforma sea aprobada los próximos meses >> un grupo entr 2 a 6 jóvenes afroamericanos atacan a la gente, que creen que son inmigrante, dicen que son jóvenes armados >> no solo el presidente esta optimista, el próximo martes el senado discute la reforma migratoria, luis guitierrez nos cuenta. >> el influyente congresista luis guiterrez nos habla en terminos especificos que la cámara de representantes trbaja en 3 leyes para la legalizacion para dreames, para empleadores y trabajadores y para quienes soliciten status profesional,

brand new details of what was found in james holmes' apartment. ammunition, drugs, and a batman mask. >> also -- >> no explanation for what's on the film. no excuse for it. i was wrong. >> then why is rutgers giving fired coach mike rice a $100,000 bonus? >>> plus, light up. a majority of americans now favor legalizing marijuana. >> if you want a glimpse of what it might look like if marijuana is legalized, drive down south broadway in denver, colorado. check out all the medical marijuana dispensaries. >> teams in atlanta, the courts are ready, and you are ready in the "cnn newsroom." >>> just learning this morning, a federal judge in brooklyn ordered the fda to make the morning after pill available over the counter to anyone, that means no age restrictions and no prescriptions. the ruling reverses the obama administration's position that girls younger than 17 need a prescription to get the medication. let's bring in senior medical correspondent elizabeth cohen. what does this mean for birth control as we know it? >> for a very different scenario

colorado prosecutors rejected a plea deal for aurora gunman, james holmes, choosing to seek the deathenalty for the mass murder. dobbs law takes up the case tonight. immigration reform negotiations still behind closed doors, still being conducted in secret with new reports that the border is becoming less, not more sker. katie and steven hayes the guest tonight. a weekend deal over guest worker visas has members of the so-called gang of 8 in the senate optimistic that immigration reform may soon be a reality. others are warning that rushing into a vote without open hearings and public scrutiny would wreck their efforts. fox news chief congressional correspondent mike e manual with our report. >> with much of washington buzzing about a possible immigration deal, florida republican ruboi said it's premature. another leading republican suggested a wait and see approach. >> eight senators working on it, agreeing to four talking points, have to take the talking points to complex legislation. >> with labor and business groups announcing over the weekend there's agreement on a guest worker p

this hour, just a few hours from now we'll learn if prosecutors will seek the death penalty for james holmes. prosecutors rejecting a deal that would have given him life without parole. one thing they still must prove: premeditation. >> why hasn't he pled not guilty by reason of insanity is likely they don't want to give up documents, give up their client for examination because we think there is a lot of premeditation in those documents. >> that rampage left 12 people dead and 58 others injured. >> a bipartisan group of senators moving closer to ao deal on immigration reform after labor unions and businesses agreed on a guest worker plan. >> with the agreement between business and labor, every major policy issue has been resolved on the gang of 8. everyone, we've all agreed we're not going to come to a final agreement until we see draft legislative language and we agree on that. >> we're much closer with labor and business agreeing on this guest work plan. that doesn't mean we cross every i or dotted every t. >> florida senator marco rubio, part of that gang of 8, cautions any deal may be u

defense that would have had holmes pleading guilty in he is changes for life in prison without parole. this caught me when i heard it. the district attorney said simply "for james eagan holmes, justice is death." . the 25-year-old faces 166 counts of murder and attempted murder. the trial date by the way, is set for february of next year. >>> also in colorado, president obama as we noted touching down there tomorrow. he will continue that push for tougher measures aimed at reducing gun violence. it comes as a paperwork error allowed a violent convict to be released from prison in january. that was four years earlier than originally intended. that man's name is evan ebel. he's suspected of killing the state's corrections chief and a pizza delivery driver last month when ebel should have still been behind bars. state officials say ebel was supposed to serve another four years after completing an eight-year sentence. but that information never made it into the court records and the suspected gunman was let go. ebel was killed in a shootout with police in texas two days after investigators believe that he shot and killed prison official tom clements in colora color

. >> reporter: 25-year-old james holmes wear at in court for today's hearing. one victim's friends say she's all for the death personality for holmes. >> if you caused death, i believe that the only justice can be served is death upon yourself. as far as i am concerned if painful or not i just want to see him dead. >>> lawmakers announced today they have reached a deal on the strongest and most comprehensive gun law in the nation. this legislation include a ban on the new high capacity and magazines, the same one that's used in the sandy hook shooting. >>> shoppers in three bay area counties are paying more for theorem purchases starting today. a new and higher sale tax takes in effect. >> sales tax went up to 1%. one of the highest rate across california. >> i am not real happy about it. nobody wants to pay extra taxes. >> contractors david says it will make a big dent in his bottom line especially for a large project like this one. looking at just the cost of materials on a $500, 000, he says that 1% -- >> i am in favor of it, we need to help ourselves. >> thr

police say james holme killed 12 people and woundeds toes more when he opened fire in a movie. holme' attorney previously offered to plead guilty in exchange for avoiding the death penalty. now insiders say the defense will argue the gunman was legally insane at the time of the shooting. -witnesses say the man suspected of shooting and killing his own father at an easter church service was yelling about god and allah, after he pulled the trigger. the associate pastor of the church in ohio told a newspaper that worshipers started screaming, ducking down and calling 9-1-1 after the shooting. the pastor also said that the suspect was yelling about killing people and said, quote, the will of allah. this is the will of god. some said they thought it would turn into a massacre, but cops arrived just moments after the single gunshot and arrested the suspect. police say they still do not have a motive. >> we will rebuild it. but it won't be the same. those words from new jerseyys governor chris christie one day after superstorm sandy, much of what you see here was demolished and now nea

james holmes set to learn whether prosecutors will offer him a new plea deal or instead plan to seek the death penalty against him. a live report straight ahead. at tyco integrated security, we consider ourselves business optimizers. how? by building custom security solutions that integrate video, access control, fire and intrusion protection. all backed up with world-class monitoring centers, thousands of qualified technicians, and a personal passion to help protect your business. when your business is optimized like that, there's no stopping you. we are tyco integrated security. and we are sharper. otherworldly things. but there are some things i've never seen before. this ge jet engine can understand 5,000 data samples per second. which is good for business. because planes use less fuel, spend less time on the ground and more time in the air. suddenly, faraway places don't seem so...far away. ♪ . >> fox urgent. video coming into fox news. 75 vehicles along one stretch of road swerving and crashing. a huge pileup along interstate 77 which sits between virginia and north carolina. w

nothing today is expected to deal with what happened july 20th when james holmes killed 12 people inurora theater. it will cover a reporter sourcers and we have producers in the courtroom and will bring you updates. >> shepard: thank you very much. >>> it hasn't been two years since anthony wiener got in trouble with twit pics and he's setting himself up for a comeback, looking for a run for mayor in the largest city in america. that's coming up. we went out and asked people a simple question: how old is the oldest person you've known? we gave people a sticker and had them show us. we learned a lot of us have known someone who's lived well into their 90s. and that's a great thing. but even though we're living longer, one thing that hasn't changed: the official retirement age. ♪ the question is how do you make sure you have the money you need to enjoy all of these years. ♪ the infamous twitter user and graced former congressman anthony weiner is considering a comeback. in an interview, the former congressman says he's looking to clear the decks after resigning. congressman wiener resi

james holmes' team, remember. >> his attorney who brought this. >> his attorney who is trying to get to say no, she has to reveal the sources. so, it's not even the judge who wants to do. this so the question is, do you want some mass murderer killer's taxpayer funded legal team making a decision for jana to either go to jail or do her job? >> jana. >> there is a huge loophole in that shield law says in it unless, unless what the reporter finds out is relevant to the outcome or something to do with the trial. but, in this case, there were policemen who had access to that and she got it from police who gave -- >> -- law enforcement source. >> law enforcement source. so i just don't see what it is about what she has done that is material to this case if they have already got this stuff. >> you are absolutely right, bob. there is an important distinction here. i'm sure the judge will pay attention to this. colorado judge william sylvester. if they can obtain that information from other sources, there is absolutely no legal justification to imprison her, to put her in jail for doing her

james holmes set to learn whether prosecutors will offer him a new plea deal or instead plan to seek the death penalty against him. a live report straight ahead. "i don't really like taking my vitamins." nature made said, "here's new vitamelts." in flavors like juicy orange... ...or creamy vanilla. tasty, smooth-melting vitamin supplements. new nature made vitamelts. made to higher standards. yours. get a coupon on our facebook page. that work the way you wish they would. like a front-end loader you can detach from your seat? or a mower deck you just drive over and cut through knee-deep grass no problem? yep. we thought the same thing you did. that's why we build them this way. that's how we run. nothing runs like a deere. visit your dealer or johndeere.com/howwerun to see the new signature series and 1 family tractors. are you flo? yes. is this the thing you gave my husband? well, yeah, yes. the "name your price" tool. you tell us the price you want to pay, and we give you a range of options to choose from. careful, though -- that kind of power can go to your head. that explains a l

it is all billion a notebook that james holmes had.u had the scene of the crime, the movie theater. then you had his apartment. >> right. martha: she was able, was given information on his diary things that he wrote. they had a gag order that came down. the timing on when the gag order came down and when she revealed this story is one. issues at that will come up in all of this. >> service that she performed, the revelation of a truth, is a profound good. the public has a need and a desire to know. it's a matter of material public interest. and the question is, what did the government know about james holmes and when did it know it? and we know that from looking at these notebooks that the psychiatrist to whom the notebooks were delivered, a government employee, knew about this and knew about his deranged mental state before these killings and informed the police. it is profound that the public knows that. without her incredible work the public wouldn't know that. she not only did nothing wrong you she did a profound good by getting th

for james holmes justice is death district attorney told the judge.ral of the victims relatives cried in court. >> thumb up to the death penalty. thumb up. >>reporter: brian beard friend alec was one of 12 people killed last july during a midnight movie premier. dozens of others were also wounded. prosecutors say they spoke to 800 victims and the family leading up to this decision. and rejected the defense offer for holmes to plead guilty in exchange for avoiding the death penalty. >> i don't know how much pain my friend went through. painful or not i want him dead. i want to be in the room when dead. >>reporter: he looked at both parents in court monday always the case now heads into a lengthy death penalty trial. new judge has been assigned. and the trial date has been pushed back from this summer to february of next year. 18 months after the deadly shooting spree. >> it's anguishing. frustrating as a victim. you are talking whole other calendar year before you get to a trial that we already know what the outcome is going to be. >>reporter: this wil

. >>> prosecutors said they will seek the death penalty against james holmes.t week prosecutors rejected a deal to have him plead not guilty and he is charged with multiple counts after the shooting spree in aurora colorado. 12 people were killed and several were injured and the judge entered a not guilty plea on holmes' behalf. they will debate universal background checks when they take up gun control measures. the new move would keep mentally disturbed people from getting guns and mark kellie kelly and former congresswoman gabrielle giffords are calling for this. >> we could still make significant progress by strengthening the background checks without go too far. >> no gun control legislation has been scheduled so far. >>> police are cracking down on drivers caught texting or talking on phones. berkeley is one of the places they will be on alert all month long and they will be issuing tens of thousands of tickets and distracted driving killed more than 130,000 people in 20011. -- 2011. a ticket will cost you at least $159. >>> and san francisco symphony musi

. >>> prosecutors said they will seek the death penalty against james holmes.t week prosecutors rejected a deal to have him plead not guilty and he is charged with multiple counts after the shooting spree in aurora colorado. 12 people were killed and several were injured and the judge entered a not guilty plea on holmes' behalf. they will debate universal background checks when they take up gun control measures. the new move would keep mentally disturbed people from getting guns and mark kellie kelly and former congresswoman gabrielle giffords are calling for this. >> we could still make significant progress by strengthening the background checks without go too far. >> no gun control legislation has been scheduled so far. >>> police are cracking down on drivers caught texting or talking on phones. berkeley is one of the places they will be on alert all month long and they will be issuing tens of thousands of tickets and distracted driving killed more than 130,000 people in 20011. -- 2011. a ticket will cost you at least $159. >>> and san francisco symphony musi

. >> reporter: james holmes in colorado, jared loughner in arizona, seung-hui cho at virginia tech, all health problems and all able to buy guns to kill. background checks stop others like them? >> the common ground rests on a simple proposition and that is that criminals and the dangerously mentally ill shouldn't have guns. but it's not simple at all for one thing who's considered dangerously mentally ill? under federal law, it's someone found by a judge to be quote "a mental defective or someone committed to any mental institution." but state standards vary widely and their mental health records often don't make it into the database used to make federal background checks. among the concerns? privacy protection. the senate bill makes it clear that sharing these records won't violate federal law. >> what we need to do is we need to get all the records from the states into the federal system. today over 30 states barely report any records. take tennis maynard, suspected of killing a west virginia sheriff ten months after being released from a mental hospital. he could buy a gun because t

homicidal and a danger to the public, that's what a doctor said about james holmes, the man charged with killing 12 people in a colorado theater, new evidence revealing why the crime could have been prevented. >>> while four schools celebrate some big dance, rutgers keeps bleeding from its epic fail, now a lawsuit from the coaching scandal including several careers on the foul line. >>> nostalgia, delicate. >> don draper and his lady killing ways are back tomorrow night with his popular as "madmen" is reviews are mixed for this season of the basic cable darling. when i first felt the diabetic nerve pain, of course, i had no idea what it was. i felt like my feet were going to sleep. it progressed from there to burning to like a thousand bees that were just stinging my feet. [ female announcer ] it's known that diabetes damages nerves. lyrica is fda approved to treat diabetic nerve pain. lyrica is not for everyone. it may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood o

. >>> next hour, accused movie theater killer james holmes will find out if prosecutors will seek theth penalty. holmes has offered to plead guilty to avoid execution but prosecute rears jekt it had last week. the 24-year-old is accused of opening fire during a midnight screening of the dark night rises last july. 12 people were killed, 70 others were hurt. >>> officials blame the fog for a massive 95-car pileup along interstate 77 in southwest virginia. three people were killed. 25 others were hurt. police say 17 separate crashes happened within just a one-mile span. >>> california police meantime trying to figure out why a man intentionally plowed his car into a san jose walmart, then began attacking shoppers. he is now under arrest but not before he drove the car 10 to 20 feet into the store sunday morning. four people were hurt, one of them seriously. >>> it has been ten years since u.s. special forces staged a brazen rescue of p.o.w. jessica lynch. iraqi insurgents captured jessica during a firefight where 11 members of her company were killed. she has had 21 surgeries stemming f