a day for james holmes to enter a plea. let me get one detail here from jennifer. did james holmes say anything, did he have to answer any questions or anything like that? >> he did not. they did waive -- they have a right to a preliminary hearing5m if he was okay with waiving that, so his attorneys briefly spoke to him, he nodded, listened and then indicated to them that he was okay with that, and so then they spoke back. he didn't actually speak, he didn't say any words today. >> reporter: yeah, no plea and he actually didn't say anything in court. so there you go. jenna: interesting. all right thank you very much with that breaking news from colorado. we'll have more on this new. rick: let's talk about it with dan shurr who is a former prosecutor and chip merlin a criminal defense attorney. dan, let me start with you. i've got to ask you if first as someone who does not have a law degree, 24 counts of first-degree murder there were 12 victims. that's two counts of murder for each victim, why? >> there's two theories of murder that they can present to

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