different from the process here in california. here in california, if someone is arrested for a crime, such as murder, the district attorney's office first files a complaint, alleging what the charges are, and then files the complaint. the first court appearance is an arraignment where the accused enters a plea of not guilty and therefore a preliminary hearing takes place. they look at what evidence the prosecution has, and to make a determination as to whether there's probable cause to believe, number one, that a crime was committed, and number two, that this person committed that crime. if there's sufficient evidence to hold the person to the charges, that an information, a more normal document is filed, and the process starts again with another arraignment, and ultimately a trial by jury. sorry. in colorado, the initial appearance is not the arraignment, but an advisement of bond return hearing. and at that time, the defendant is told what his rights are. and if charges have been filed. what those charges are. thereafter, there's a preliminary hearing similar to california. and then the arraignment happens after the preliminary hearing. and ultimately a trial by jury. that's the process in colorado, as i understand it. again, the family wants to reiterate that the hearts go out to the victims and their families. the holmes family would like to maintain their privacy so at this time we will not be discussing james or his relationship to the family. and we would respect courtesy in that regard. so thank you very much for your tim time. >> i don't think he was able to, no. they're doing as well as they can under the circumstances. you know, we haven't been looking at all of the news reports, so i really can't comment on that. that, i can't comment on that, either. criminal defense attorneys understand the system a lot better than civil attorneys. [ inaudible question ] >> i'm sorry. [ inaudible question ] >> throughout the process. throughout. all through the weekend when i was getting calls and also after i saw his appearance. >> i really can't comment on that. [ inaudible website ] [ inaudible question ] >> i have no comment on that. i have no comment on their whereabouts. i don't think they would like the media to know where they are. i think arlene holmes statement clarifies that a bit as to how they reacted. i think everyone can imagine how they're feeling. anyone who has ever been a parent. [ inaudible question ] >> not at this time. >> right. because that's not what she said. and that was the interpretation. somehow, oh, i'm not surprised. and that's not what she was saying. [ inaudible question ] >> i'm not going to comment on that. i represent them. [ inaudible question ] >> well, i was referred to them by another lawyer. or they were referred to me by another lawyer. >> as well as anyone could under the circumstances. [ inaudible question ] >> well, that's her statement. she felt it was very important for everyone to understand the sequence of events, and what he said, what she said, and not miss construe the situation. what are some of the other statements made? have they absorbed those? >> you know, we really haven't been keeping track of everyone statements. [ inaudible question ] >> well, no -- nobody from the aurora police department has attempted to contact us for any purpose. so presently nobody is asking for assistance. additionally, at that time, there were other authorities here locally who we were talking to. [ inaudible question ] >> i didn't see the box. so i don't know. [ inaudible question ] >> i don't understand the question. i'm a lawyer. objection, vague. do i know the prosecutor? not personally, no. >> you've done work in colorado? >> i've done work in colorado, but in the federal system. [ inaudible question ] >> we've been told that's highly likely that that's going to happen. >> how concerned are you? >> everyone is concerned. [ inaudible statement ] >> well, nobody told me that. from what i know about the laws in colorado. it is a death penalty state. obviously it's going to be murder one. and that's when someone can be facing the death penalty. i actually am in communication with them as well. >> i have concern for their safety. [ inaudible question ] >> we vice presidehaven't reallt far because at this time no formal charges have been filed. [ inaudible question ] >> i really can't comment on that. not very closely. >> you said you were concerned for their safety. i have experiences with cases that have this much attention. through my experience in the past, that's what causes me conce concern. [ inaudible statement ] >> i don't know what specific statements you're referring to. however, i also can't -- i'm not going to comment as to what the family's experience has been with james. >> sorry. >> that's okay. >> what was your answer? >> to what? >> maybe step back. >> no, no, no! >> okay. [ inaudible question ] >> thank you for refreshing my memory on that question. i was saying, i'm not sure what specific comments you're referring to. we've not been keeping up with everybody's statements, so i can't comment on those. and the family has elected not to discuss james or a relationship with james at this time. we want to know more about what happened. >> as i said, at this point in time, the investigation is continuing. so whether or not it's premeditation or it's not premeditation is left to the court system. i don't know what everybody has been saying and what interviews have been going on with the investigation. so i think it's premature to make any comments about that when the investigation is still continuin continuing. >> i can't comment about the relationship between james and his family at this time. i don't believe she said that in her statement that i read. i read the statement. if you like, i could read it again. but i'm not going to comment about how she was feeling at the time. >> is the family concerned they may become targeted by the public. >> you know, i haven't discuss that had with them, so i can't comment on that. [ inaudible question ] >> yes, they do. he's their son. yeah. i really can't say anymore. [ inaudible question ] >> can you repeat the statement again? [ inaudible question ] >> i can't comment on that. james is being held there. oh, i'm not going to comment on the whereabouts of the family. >> i'm not going to comment about that. >> can you comment about his family's reaction to seeing him in court today? his appearance, his demeanor? what was their sentiment after they saw him? >> at some point in time we may be able to discuss that. at this time the family would like their privacy respected and don't want to talk about that. the statement is to clarify a statement made by abc media. i was awakened by a call from a reporter by abc on july 20th at 5:45 a.m. i did not know anything about a shooting in aurora at that time. he asked if i was arlene holmes and if my son was james holmes, who lived in aurora, colorado. i answered, yes, you have the right person. i was referring to myself. i asked him to tell me why he was calling, and he me about a shooting in aurora. he asked for a comment. i told him i could not comment because i did not know if the person he was talking about was my son. and i would need to find out. thanks very much. i will be available if anyone has further questions. that's pretty much all i can comment on at the present time. >> [ inaudible question ] >> i'm sorry? [ inaudible ] >> yes, i've been asked to speak on behalf of the holmes family. i do not represent james holmes. it was someone through their church. i really can't comment on that. yes, yes. i can't comment on that. but the pastor there, i spoke with the pastor there. and it's amazing how much support they are getting from their church. it's a very good -- it's a very good thing, i think. no, i'm not going to comment on that now. at this point in time, they really want their privacy respected. that may change. but at this moment and at that time, they don't really want to talk about that. okay? thank you, everybody. >> so there you have it. lisa is a lawyer in california. she's been practicing 20 years. she now represents the family of james holmes, the accused killer, in aurora, colorado, the 24-year-old student. former student. he dropped out of a ph.d. program at the university of colorado. is now accused of going into that movie theater friday night and killing 12 people. wounding 58 others, shooting 70 people in total. the largest mass shooting in u.s. history. she came out to speak to reporters the clarify a very important point. a point involving james holmes' mother, arlene holmes. there you see james holmes with the died red hair in kour. she wanted to make it clear that when someone from abc newsed called on friday to ask about james holmes. she uttered the words, you have the right person, she was referring to the fact -- tht arlene holmes, the mother, the abc person was speaking to the mother of james holmes. she was not implying. not suggesting in any way anything was wrong with james holmes. that, in fact, she knew james holmes was involved in this incident at all, and the attorney is now wanting to make it clear that the mother had no idea what was going on in colorado. had no idea that her son was involved in anything along these lines. we're here in "the situation room." i'm wolf blitzer. we'll go to the scene. e lavendera is in aurora. there are important developments happening in the case. stay with us. you're in "the situation room." this is new york state. we built the first railway, the first trade route to the west, the greatest empires. then, some said, we lost our edge. well today, there's a new new york state. one that's working to attract businesses and create jobs. a place where innovation meets determination... and businesses lead the world. the new new york works for business. find out how it can work for yours at thenewny.com. why let erectile dysfunction get in your way? talk to your doctor about viagra. ask if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain; it may cause an unsafe drop in blood pressure. side effects include headache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. this is the age of taking action. iagra. talk to your doctor. ...more talk on social security... ...but washington isn't talking to the american people. [ female announcer ] when it comes to the future of medicare and social security, you've earned the right to know. ♪ ...so what does it mean for you and your family? [ female announcer ] you've earned the facts. ♪ washington may not like straight talk, but i do. [ female announcer ] and you've earned a say. get the facts and make your voice heard on medicare and social security at earnedasay.org. ♪ ( whirring and crackling sounds ) man: assembly lines that fix themselves. the most innovative companies are doing things they never could before, by building on the cisco intelligent network. and it feels like your lifeate revolves around your symptoms, ask your gastroenterologist about humira adalimumab. humira has been proven to work for adults who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. in clinical studies, the majority of patients on humira saw significant symptom relief, and many achieved remission. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal events, such as infections, lymphoma, or other types of cancer, have happened. blood, liver and nervous system problems, serious allergic reactions, and new or worsening heart failure have occurred. before starting humira, your doctor should test you for tb. ask your doctor if you live in or have been to a region where certain fungal infections are common. tell your doctor if you have had tb, hepatitis b, are prone to infections, or have symptoms such as fever, fatigue, cough, or sores. you should not start humira if you have any kind of infection. get headed in a new direction. with humira, remission is possible. today's first court appearance by the suspects in a colorado shooting raised more questions than it answered. james holmes appeared daze, grimacing, blinking his eyes, paying no attention to what was going on around him. ed lavendera is joining us from outside the courtroom right now. what are officials saying about the suspect's rather bizarre appearance during that courtroom event today, ed? >> well, prosecutors aren't saying much about it. we have calls into the sheriff's department here in aurora to find out if he was under any other medication. we have not heard back. the image we saw of james holmes is very different than the images we saw in the couple of days leading up to today. james holmes didn't say a word during his first court appearance in colorado. we're left trying to read body language, looking for clues, signs of emotion, remorse, satisfaction, anything. >> you have the right to remain silence. >> in just moments it was wasn't the shaggy orange hair with the red on top, it was the range of bewildering facial expression that captured everyone's attention. at times it seemed like james holmes struggled to keep his eyes open as the judge ordered him to have no contact with the shooting victims or the families, it wasn't clear that holmes was processing the words. staring blankly at something in front of him. holmes face would then turn to looking confused. then his eyes would open wide, freeze briefly, and his head would just drop down. next week thell begin detailing the criminal charges against holmes. prosecutors say the death penalty is a very real possibility. >> there's so much victims will have to take into account. they will be impacted in an enormous way for years, if the death penalty is sought. that's a very prong process that impacts their lives for years. and so they will want to have, and we will want to get their input before we make any decision on that. after the short court appeara e appearance, james left in shackles, seemingly a bigger enigma to everyone, trying to understand the mind of the suspected mass killer. and wolf, just to reiterate, we're trying to recap with officials in the county jail where james holmes is being held in solitary confinement to find out if there were any medical reasons or precipitation medications that would explain the very sedated looking behavior that we saw here today. and interestingly enough, since james holmes was taken into custody in the early morning hours of friday morning, that authorities here in aurora had refused, essentially, to release his mug shot. a great deal of sensitivity to the families and obviously today was the very first day that the victims' families got to see what james holmes looks like today. wolf? >> so, ed, just to be precise, law enforcement is not saying whether or not he's on any medications that may have contributed to the dazed look that we saw? >> we have calls in to find out if that's the case. whether or not they'll answer the question is unclear. there's patient privacy issues there. so it doesn't seem they would be inclined to have to explain it in any kind of way. doing our jobs and try to explain if there's any kind of other explanation that may explain the behavior we've seen. especially since there's been so many reports that suggest that he's been acting very erratically inside the jail. so it seems like two very different pictures for what we've seen. and we only have a ten-minute window to gauge what we can from seeing him up close. >> up next, we're with the victims as the suspect, james holmes, appeared in court. we're going to take you back live to aurora for their reaction. certainly so many of us were disturbed by today's television pictures of james holmes. his appearance was an absolute shock for survivors of the attack and victims' relatives who were in the courtroom. cnn's kyung lah spoke with them today. >> reporter: now the hair is getting a lot of tangs. that's the thing that first struck them. what one survivor told us is something he will not forget now is the expression on this man's face. >> you're going to get a close-up shot of the 24-year-old shooting spree suspect. >> the first look for corbin. he sat in the second row as the shooting began, coming within feet of the mass killer. >> you finally take off the mask. and you see who this person really is, it's like a shock. >> can you reconcile this image with the man inside the theater? >> i did not expect that at all. it was shocking. first thing, he was covered in black. the visual coming into my mind was somebody who was -- i would say somebody very buff. somebody who works out. somebody who probably has a history of knowing weapons inside and out. >> james holmes hair grabbed attention for most people. but dade couldn't get past the expression on his face. >> he had no right to come into court looking like he has a sad face. >> do you think the hair and the face, this is all part of an act? >> it's an act. >> across aurora, the community turned to their televisions to see the alleged gunman's face. others like dave sanchez came to the courthouse. he's the father-in-law of victim kayla medley, who is in criminal condition. >> what's the appropriate punishment for this guy? >> death. >> with the crime scene in the background, corbin says he's trying to work on forgiving him. what are you trying to pull with the face? who are you trying to fool? >> there was a lot of confusion over the expression. this is all part of a calculated dance. that's what he believes right now. he's hoping the full force of u.s. justice will be falling on the defendant, wolf. >> i can only imagine. a very, very sensitive time to be out there on the presidential campaign trail. how can president obama and mitt romney keep up the attacks after such a huge national tragedy? we're going to discuss that. a historic punishment for penn state university. what it could mean for college sports. you can use opentable to make restaurant reservations. during the golden opportunity sales event, get great values on some of our newest models. this is the pursuit of perfection. [romney singing]: oh onbeautiful, for spaciousels. skies, i'm barack obama and i approve this message. for amber waves of grain, for purple mountains majesty, above the fruited plain, america, america, god shed his grace on thee, and crowned thy good, with brotherhood... lots of important developments happening today in the aurora shooting incident. we finally saw james holmes. he makes his appearance in court. we also just heard a statement, an attorney representing arlene holmes, his mother in san diego, just heard a statement refuting the initial interpretation of what abc news was reporting when they contacted her immediately after the shooting. 're going to get back to all of that as well. there's huge political fallout from what's been going on in aurora, colorado. joining us is the democratic strategist james carville. and foreign policy adviser to mitt romney's campaign. how long will it take, james, in your opinion torks get back to the nasty politicking after a huge nshl tragedy like this? shouldn't there be a decent interval between the candidates? cool it? >> yeah, there's going to be some. it will probably be a little bit long in colorado, as well as the rest of the country. but unfortunately, you know, this is not the first time something like this has happened. it's really, really tragic. it's better to get in two days too late than two days too early. i hat to put an omen on it. we're probably not close just yet. >> so you think th