if james holmes is convicted of first degree murder, the same jury will have to decide whether he lives or dies. let's talk about the legal view with cnn legal analyst paul callan, a criminal defense attorney and former prosecutor. also with us, remy spencer, a criminal defense attorney and former prosecutor. guys, i want to get out to something that stood out to me and my team. number 25. "if the defendant is found not guilty by reason of insanity, it will be this court's duty to commit him to the custody of colorado department of human services until such time the court determines he is eligible for release." paul, does this mean there is a possibility that james holmes could be on the street? >> classically, the way insanity defenses work -- the whole idea about an insanity defense is that if you are insane you can't formulate the criminal intent to