Will James Holmes face the death penalty?

This transcript is automatically generated

And welcome back to Hannity now today the world got its first look at the suspect in the Colorado movie theater massacre.

-- more questions were raised and more answered now he did not speak a word or really interact with his defense team.

So -- -- and plead insanity and will the death penalty be on the table joining me now to help explain what the next legal steps are Florida attorney general Pam bonding.

The author of presumed guilty Casey Anthony the -- story attorney Jose Baez and Fox News legal analyst Peter Johnson junior is with us.

Guys welcome all the into the program Peter returned -- -- this we got into this a little bit with Greta just to set the stage right here.

Do you read this -- -- -- effort -- this law here are some unique qualities here the people need to know there are.

It is very important in -- topsy turvy in the world of the law as Greta was pointing out.

If in fact the defendant says.

I'm insane then the burden shifts to the prosecution to prove that he's saying but at the same time the prosecutions.

Hands are gonna be tied by case law in recent cases and this -- Colorado.

They will not be able to get their own psychiatric examinations.

Of this defendant so the -- we say I'm insane I should be determined to be not guilty but at the same time prosecution.

Lucic do your own.

-- psychiatric evaluation not at all.

All right let -- -- Jose you are a great attack defense attorney.

So from your perspective and actually looking at -- from my perspective as -- -- lawyer here it seems that they really don't have any choice we know did this.

That's not really in dispute here do they have any other defense besides that.

Other than insanity I would think not if you look at this case is really not a -- -- -- it's more of -- why was it done.

And I I think this case is going to boil down to a penalty phase does he get life in prison or does he get the death penalty.

-- don't see I think that there's too much.

Premeditation.

Too much too many calculated moves done by this defendant in this case.

To even pass are on the insanity defense or -- I really think this is just simply a penalty phase in the death penalty case.

Yeah -- you come at this from a whole different perspective as the attorney general of Florida.

Obviously I think the public is is going to be an outcry for the death penalty.

-- then Peter is is pointing out the challenges.

-- prosecution is gonna have in this case as it relates to the death penalty.

Does this is that enter the mindful as they go forward charging him.

Absolutely Sean and you know it's very different in Florida Jose and I can tell yet in Florida the burden is on the defendant.

And Peter the defendant must prove by clear and convincing.

Evidence so it's so it's much different in Florida and that's probably why we have.

Hundreds of people on death row and in Colorado currently there are only three people on death row and all of which are from Aurora which I find very -- But -- yes that's going to be factored in -- -- sad.

That that that it's all gonna come down I believe that to the penalty phase because there was so much planning and deliberation.

I mean we know he planned this for months and months and months in advance.

And not only at the theater but after his apartment where he had trip wires and the sophisticated.

Explosive device.

System set up.

You -- and Peter this brings up a couple other points here because the premeditation is obvious the meticulous planning is obvious right is certainly a degree of intellectual intelligence.

Yes as I would observe -- today had I tried to look as close as I could I was listening integrators observations.

I don't know if he's a sociopath he doesn't have a conscience I don't know -- medicated.

He just seemingly slipping in and out of consciousness moments where I thought he was beginning to mumble to himself obviously lost -- his head.

What did you observe today and have a.

I am sure the same things that you did not I was looking at it carefully is he is good and actors Heath Ledger was in playing the role of the Joker in the earlier -- man.

A movie I was looking for -- movements that are sometimes reflective of schizophrenia.

Which is a delusional disorder that would qualify for an insanity defense.

Is he an actor is it real is he the greatest -- that we've seen in fifty years in the United States in terms of.

Criminal defendants or was -- -- authority or was he on Valium was it the times until the eighty was.

Falling asleep.

At times he looked like you I might look if we're trying to stay awake now by keeping our eyes as open as an untrained observer I thought.

It seem real to me if I didn't kick I didn't see I was looking closely and it's tells can you look into the face.

Of a killer and -- his or her heart or know his or her mind.

And that's what a lot of American looking at today I want to talk when we come back about the fine line you could be.

Intellectually brilliant but still be insane what actually represents.

Somebody that is being -- -- insane.

Watch Live

Will James Holmes face the death penalty?

Details

Clips

Editor's Picks

Chasing down a mile-wide monster tornado

Emergency crews try to recover children from school

Okla. storm chaser: Hospitals 'overflowing' with the injured

Evolving administration account of IRS scandal

Government obtains records of Fox News journalist

Okla. tornado victim: 'Our house is completely gone'

What is the ultimate punishment for Jodi Arias?

Rove: DOJ targeting FNC reporter is 'chilling'

Benghazi scandal: President's location 'largely irrelevant'?

Storm chaser captures unbelievable images in Midwest

Bieber booed, Swift wins big at Billboard Music Awards

What it's like to be inside a tornado

Transcript

Recommended