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Next steps in case against accused CO gunman

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    Debate over legal arguments

  • Duration 5:43
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The accused gunman in the movie -- -- in Colorado now being held on suspicion of murder but James Holmes will learn the formal charges he faces on Monday.

Right now and gag orders in place but here's what we know about the case so far.

The prosecutor is considering making this a death penalty case and it could qualify because a large number of victims.

It also appears premeditation was involved because of the number of weapons used Holmes body armor and his booby trapped apartment.

All -- -- homes appeared to be somewhat dazed at his first court appearance that could bolster a possible insanity defense.

Joining us now least we'll Fox News legal analyst Linda Kenney Baden defense attorney.

And -- -- a clinical psychology -- psychologist and former police officer welcome to you to view.

Police I was watching that guy very closely when he appeared in court for the first time yesterday and I honestly couldn't tell what I thought sometimes.

I looked at a my thought he looked sad sometimes I thought he looked sleepy.

And sometimes I thought he looked -- I suppose there's a danger in trying to read too much from his physical and facial appearance.

Well and imagine John if you just committed allegedly this most atrocious crime in that in the country you are I would think going to be a little bit dazed and confused I also wouldn't be surprised John if we don't win that prosecution goes through looks at his computer.

Looks it is it -- a library -- anything he's done.

You know in the past twenty years ten years.

They're gonna find something about insanity defense because this guy is it not stupid and I would -- I would wager a bet right now that he knows something about the insanity defense and he knew that he probably wouldn't get killed.

In that.

Horrible horrible massacre he would come out -- on the other side so what could he didn't do now look.

Insane Linda what about that I mean he studied neuroscience.

After all of the brain and how it works in you know how all of -- electrical signals get transmitted.

Might he give you know might might he be sort of concocting something.

As he sits there are two things Johnson things I would look at his defense attorney and -- he'll -- -- to help -- on this.

One I think he look could be -- -- socio path not that he's looking at.

A neuroscience because he wants to.

Envelop and -- and and how we can do murder better but I think he's just a socio path and that's what I want the doctor comment on if I'm going to hire somebody try to get -- to see if he's insane.

You know he was interested in himself -- only cared about himself.

He cared about protecting his body yet growing -- -- yet.

Net parents he really didn't care about his victims at all and I think the whole courtroom.

Demeanor was somebody just concerned about himself not as attorneys that could even faking it or could this neuroscience because he was falling into the mid.

The sense of madness and -- and -- he wanted to try to work his way out.

I'd have a hard time its defense attorney buying that I'd like to see what my doctors attacked.

Well look let's ask doctor -- July about that does the sociopath there are larger numbers of them in society then we care to admit.

Well socio path and psychopaths.

Have a certain characteristic and as with just mentioned.

The the primary characteristic you look reports the fact that there's a lack of of caring about how your actions affect other people and clearly would it would deal with someone who has some tendencies that we're there that are gonna have to be looked at.

This see how he had the ability to go in a massacre this many people and and did not have any.

They're they're the the feeling of -- what how careful it could be either that many people.

In the effects that it would have on society everyone's so yes -- got to be something they're going to be looking for in there are tested and evaluated procedures to do that.

-- doctor -- just -- and for 12 here.

We talk about the legal test of insanity it's now after -- after that horrible case with in doggedly trying to shoot -- Ronald Reagan that all the insanity defense was changed so now all you have to show -- that he knew right from -- wouldn't you say the fact that when he was arrested he told arresting officers -- -- -- is booby trapped.

Forget about the crime before that the fact that he knew that his apartment was booby trapped -- he told law enforcement.

Don't go -- you'll be hurt doesn't that tell you doctor that he did know right from wrong and that -- satisfy the legal test.

Well and if he would still have to go through the whole process and as you know.

And put up opt out a statement very interesting myself because also wondered about this also wondered.

Is that it any indication of some sort of possible -- -- -- really high level of narcissism that he wanted people to know.

Hey not only do -- do this but I booby trap my apartment have got you that way too that have just thrown it out there that's a possibility but but yes there there there they would still have to establish.

Very concretely.

If they're gonna try that to say that he was -- was not insane.

Linda a couple of those photos that we were just showing -- taken from one of these adult web site's adult dating web sites and he made a couple of statements.

On that website and and so far from all indications are that he wrote this himself.

And he talked about that he wrote things like will you come visit me in jail clearly.

He knew.

He knew what he was about to do anything he knew it was gonna get.

In trouble for it doesn't that suggest you knew right from wrong about that that's a couple things -- but that caught out of us one step further you can be motivated -- what's also called that he can't if he knows the difference in the results is an irresistible impulse so if you're a doctor if you're representing you're gonna wanna say -- to say stop the Joker.

But I think that you actually right John I think he knew right from wrong and perhaps that statement shouldn't have been.

You know we come visit the imprisoned it should have been we -- visit me -- health and that's where he -- are on death row.

You know Linda Kenney Baden -- -- -- William --

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