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Police search for evidence to build case against Holmes

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    Judge Jeanine Pirro on what's next

  • Duration 5:30
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We also want to talk about the legal aspects of this police say that James Holmes opened fire on dozens of people in that theater.

And then that he surrendered without any resistance to officers in the parking lot.

Right behind the movie theater he does have a court date he said to be arraigned on Monday and according to a law enforcement official briefed on the investigation -- is not.

Talking to the police.

He has asked for a lawyer there are a lot of questions about what's ahead legally for homes as officials.

Build their case against him hopefully with some physical evidence they'll be able to get out of that apartment once they're able to safely get in there.

Judge Judy -- joining us live from Aurora with her perspective.

On the case of what happens on Monday judge.

Well -- there is talk of an arraignment this Monday at 830.

-- whether or not that will be adjourned we don't know whether any one of a number of things that can happen.

Certainly.

The defendants it appears will be charged -- several counts of murder one the issue was whether or not.

This case even goes forward on Monday as you just said.

The defendant has asked for an attorney for the -- ask for an attorney.

Now we've got to determine whether or not he is competent to understand the nature of the charges and assist in his defense his attorneys it does or his team was trying to find that out now I am sure.

And then of course people are talking about the issue of insanity whether or not.

All he will proper that defense at the time of arraignment but make no mistake this is a fluid situation it is constantly changing.

Cause the police right now are are very occupied -- and they are extremely confident.

Hall where the issue of making sure that everyone is safe especially at the apartment where -- homes -- But anyone of a number of -- -- -- happen ultimately there is a grand jury in the in the state of Colorado.

That will probably hear these charges so we are just just at the beginning of the criminal justice.

Process you mentioned that counts murder one -- mean obviously this was very premeditated.

It took months of planning for him to get the weapons the ammo the gear that he used to go -- carry this out.

I'm just wondering about the number of counts we have twelve people who had been killed that we have dozens of people who have been wounded.

We talk about murder one count do they just sort of look at the number of people who.

Were shot or would we be looking at about potential.

Number that has to do with a number of people who were inside that whole movie theater because you could make the argument that he wanted to kill them all.

Well there's no question there will be many many many attempted murder charges but did it that that the definite is.

As we know right now there are twelve people who were dead.

And this is a kind but crime where you say you could say it's clearly premeditated based upon the -- -- the planning.

The determination that it took to carry out this plan.

In addition to that you've got the they the the issue all of hot putting so many people at risk and making sure that this under this statute is this some kind of depraved indifference to human life.

But that that is really the least of it I mean did you well know there is one -- one conviction for murder one.

That ten -- for the death penalty if that is even sought here.

But I think people and and -- been here now for a little bit are concerned about insanity they don't want insanity to be a substitute.

-- downright.

Evil and what's interesting -- is at the Colorado statute makes it very clear that in order for someone to property insanity defense.

They have to be incapable of rendering the difference between right and wrong that's the classic -- not the rule.

But -- also.

Prevented from forming -- culpable mental state.

Do actually intend to kill but what I love about the -- it is the -- legislatures made it very clear that passion growing out of hate trip.

Anger and revenge -- -- evil does not amount to insanity.

And what she's got in this county is a DA okay -- female DA.

Who has not hesitant about seeking -- the death penalty in the past.

So it'll be a very interesting process to watch and wait too soon now there's a whole host of other charges as it relates to what's inside that apartment.

Caught in terms of that you know maybe domestic terrorism.

Federal statutes as it relates to -- of the use of weapons and chemical weapons back I think we don't know yet.

There's still a lot to be determined what's -- do you have on your show tonight what are you lining up for later.

Well I'll tell you as I you know we are going to be live here in all right -- -- hundred -- whatever degree -- We're going to be talking to some of the people up close and personal to this who were there that night we're also gonna talk about some of the issues as it relates to.

Not just fueling the community but how does that community go forward.

What is the criminal justice process -- can't be expected how much can these people in.

-- of Colorado go through this if you recall -- it wasn't that long ago that you know we have the shooting and column buying.

People here in a lot of pain there just in shock right now but as we go forward tonight we'll have a lot of people very close to the scene in law enforcement.

As well as people who watch the were affected by this.

Horrific.

Horrific situation.

Terrible we'll be watching part of our live coverage all night long here on Fox News Channel justice.

With judge do you -- live from Aurora tonight thank you very much judge always good to talk to you.

Same here where.

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