lead. >> right. >> you never know. >> you just never know and that's what makes it so exciting. thank you for joining us "at this hour". >> "legal view" with ashleigh banfield starts right now. this is cnn breaking news. >> hello, everyone. i'm ashleigh banfield. welcome to "legal view." the gunmen are dead, their motive is apparent, their only victim is now home from the hospital, but last night's shoot-out in the dallas suburb of garland, texas, still very much a federal case with isis connections and police and federal agents in phoenix now joining in. they've spent hours going through this apartment shared by one of the suspects. at least one of these two suspects, a known isis sympathizer, convicted in 2011 of lying about his plans to take up jihad in somalia.

the texas attacks took place outside of a contest sponsored by an anti-islam group called the american freedom defense initiative. it offered $10,000 for the best cartoon depiction of the prophet mohammed, knowing full well that muslims consider any depiction of the prophet blasphemous knowing such offenses at times have been met with deadly violence. the "charlie hebdo" massacre in january in france where police in garland spoke to reporters last hour. >> we're certainly looking into that. we have not knocked that out. but again, we're working with the fbi. we will eventually figure out what that is. >> i want to begin our coverage now this hour with my cnn colleagues ed lavandera who joins me live on the phone from garland and rosa flores here in

new york. rosa, if i can begin with you, the latest that we know about these two now dead gunmen. >> you know, we know the name of one of those gunmen, ashleigh, the authorities releasing his name, elton simpson, is his name. now authorities telling us that he is an isis sympathizer, linked to an isis member on social media. we've got tweets we can share with you on that. the fbi had been keeping close tabs on mr. simpson and he was also found guilty in 2011 of making false statements involving international and domestic terrorism. now i want to start with these tweets, ashleigh, because simpson sending out a tweet two hours before this attack and this known isis member actually retweeting the tweet. so from simpson we have a quick tweet that reads in part, may allah accept this as mujahedeen

and then the isis known member retweets that particular tweet and sends out another tweet, hear this, quote, the brothers in texas may have had no experience in shooting, but they was quick in defending the honor of prophet mohammed, end quote. again, this is a man that is known as an isis member on social media. now the fbi keeping close tabs already at his apartment. they are searching, scouring through the belongings, looking for evidence and ashleigh, like i said, he was also found guilty in 2011, the charge was false statements. that's a class d felony, and his judgment, three years probation paid a $500 fine, and this is an excerpt from the indictment saying that the defendant falsely stated to special agents of the fbi that he had not discussed traveling to somalia

when, in fact, the defendant had discussed with others on or about may 29, 2009, thereafter traveling to somalia for the purpose of engaging in violent jihad. of course, ashleigh, this is still early in the investigation and we are digging through more of the documents to try to piece this puzzle together. >> all right. rosa, stand by. i want to go to ed lavandera. i was listening in alongside you as well when the police officers gave that very quick press conference in garland, texas, and i feel like we learned a few additional things we might not have known before. you have to help me walk through this. the fact that no bombs were found in the car but they were very concerned about that car, going through the trunk meticulously to find out what everything was in the trunk and the fact that they were also wearing some kind of body protection when shot dead, but that officer helming the news conference wasn't sure what that was, what else did we learn? >> well, we did, now that we're learning at least one of the names of the suspects, the

garland authorities say that the -- without naming any names, garland authorities say that there were no specific names or people that they were made aware of as they were preparing the security plan for this event which they say had been put in place several months ago. so that there was no direct intelligence as any specific names or these specific names they were made aware of, which i thought was worth pointing out. they also said as you mentioned no explosives. the bodies of the two suspect up until about at least -- i had to leave the scene but up until about an hour and a half agos the bodies of the two suspects were still lying on the street next to the car they drove up to the civic center in because throughout the overnight hours investigators were fearful there might have been some explosive device connected to the bodies or inside the vehicle as well, so they've gone through a long

process of detonating various -- detonating to make sure there wasn't any explosive device. in the end authorities here in garland say there were no bombs found at the scene there. >> right. i recall that, that notion that they were concerned the bodies and the car could be basketbally trapp -- booby-trapped and tied things up and made things slower getting to the bottom of the scene but now it looks as if the atf, fbi and locals are working feverishly through the forensics but at the same time more than likely trying to find some kind of a connection to whom else might have been involved with this, other than the two who almost literally died as soon as they got out of their cars. >> the description of how it unfolded was really powerful. we were able -- cnn had a producer inside the event when everything was unfolding last night and we were able to speak with several witnesses who were

outside and heard the gunfire. one witness in particular, the way they described it to us, was that you heard a barrage of assault-style rifle gunshots and then you -- and they said they described what they heard is a pop pop, from a pistol. and then when you listen to the accounts that garland police say the two men approached the scene, they were stopped just outside of the parking lot of the civic center that was part of the plan to monitor cars coming in and out and when the security officer stepped out to approach the car, they say that's when the two gunmen jumped out of their cars already armed with their assault-style rifles and began firing. that one security officer who was unarmed was wounded in the lower leg. he's fine, he's been treated and released. the second officer that was in that car that fired off the shots that killed both of the suspects. you know, and garland police are

saying that those actions were incredible and saved a lot of lives. >> fantastic work as well by traffic officer who, you know, using his handgun was able to hopefully you know thwart thisu. ed lavandera and rosa flores thank you. this possible isis connection and joining me is former cia operative bob baer. take me through this forensic investigation goes from the actual scene that is still taped off and marked off to the trail they're going to have to follow to find out if this went any further than two guys. >> well, what they're going to look for is any financial support for these two guys, serious coordination, in advance of the attack whether, in fact, it was organized out of syria or iraq. it looks preliminary accord

these guys were -- they've been described wannabes, lone wolves, who follow a religious order on line, swore allegiance to amir, the leader of isis, they simply got their instructions off the internet and went out and bought some rifles. this kind of crime, the fbi has been predicting, kind of terrorism attack for a long time, just as they're predicting that these things could get more serious. >> and what about this nose that the chief speaker was on an al qaeda hit list. is that something that needs to be taken more seriously now or might it be proven out once they get through with the forensics and everything they need to do that these were lone wolfs that had a mission and that was it. >> i think it was because of the depiction of the prophet. that is a clear red line for jihadist, muslim radicals to fern to violence. it's very clear. get on the internet, you can see

that. if someone depicts the prophet in any form, favorably or disfavorly, he is subject to death. these guys were carrying this out probably on their own. they clearly didn't know what they were doing with automatic weapons. as attacks have been described that's not the way you use them. let me go back to the fact you a lot of americans fighting in syria and iraq going to be back in the country one day, will understand how to use automatic weapons, and that's what we really should be worrying about. >> bob baer, live for us, thank you. in newport beach, california. coming up as i told you off the top of the show, another state involved in this, arizona, because at least one of these gunmen and it is now thought that they were roommates, had an apartment in phoenix and now there is a huge law enforcement involved in phoenix and we will take you live to this location to find out what it is they may be finding in that apartment and what clues that may lead to perhaps anyone else if there is

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continuing with our breaking news here on cnn, an attack in texas. two suspects shot dead. a security officer shot in the leg treated and released and now the trail has taken them from this crime scene where the crime tape is still up, all the way to phoenix, arizona, where the suspect hailed from. police and other investigators now zeroing in on an apartment shared by these two gunmen, at least one of whom now thought to have ties to isis. joining me is javier soto

reporter with ktvk and outside that apartment. can you give mes the scene of what sort of presence is outside of that apartment and if they're saying anything about what they're finding? >>. >> they're keeping it tight lipped as to what they're pulling out of not only the apartment unit but also a van in the back parking lot where they seem to be targeting this morning. late last night the fbi, with the assistance of fee mix police, came out here and initially they evacuated several of the units around in the particular unit they were targeting. there were upwards of a dozen, almost two dozen people, who were sent packing, told they had to leave this area. that was about 10:00 last fight. they weren't allowed back in until 4:00 this morning. but according to some of those neighbors they heard some loud flash bangs, that's when it's believed that the fbi and the phoenix police made entry into this particular unit. now we've spoke with some fbi

officials this morning who said once they made entry, they wanted to make sure nobody was inside at first. once they were able to determine that, they sent in a robot to make sure there were no explosives, kind of similar to what we saw yesterday in dallas before they approached that vehicle. it was that vehicle that the suspects pulled up in that they were able to obtain information that brought them back to phoenix. once inside, that's when they started gathering evidence and something inside that -- inside this apartment unit here pointed to that van that is in the parking lot. according to neighbors they say elton simpson lived here but they say he lived here with a brother. now we've yet to confirm that and we know they have not identified the second suspect, but the fbi continues to conduct their investigation here in north phoenix. ashleigh? >> javier, that's great information. especially since that tweet that was sent out before the

impending attacks said my bro which could be taken two ways as a friend and compatriot or actual brother. thank you. javier soto reporting live from our affiliate ktvk outsides the apartment that the two suspects shared. the american freedom defense initiative may sound innocuous but the southern poverty law center said it is a hate group. its leader is a conservative author and blogger who also heads a group called stop the islamization of america. her name is pamela geller and defended her views to cnn this morning on "new day." >> there's a problem in islam and the problem is we can't talk about the problem. we are seeing the wholesale slaughter of christians in iraq and in syria. in nigeria in the congo, central african republic, the jihad is raging and all we can talk about is backlash phobia. it's nonsense. we have to be able to discuss

and when you say i'm anti-muslim, excuse me, i'm anti-jihad. anyone that says i'm anti-muslim is implying that all muslims support jihad. >> sure but -- >> that sounds islamist phobic to me. >> i'm joined by heidi of the southern poverty law center intelligence product. thanks for being with us. can you give me an idea of what it was about this group and that leader in particular that made you feel she needed to make the list of those most extremist in this country? >> yeah. i mean pamela geller is one of the most egregious muslim barbers in the united states. she's been doing this stuff for years. we've had her on our list since at least 2010. she basically has nothing good to say about muslims and accuses them of being terrorists and killing jews and doesn't make distinctions between radical factions and all muslims and that's why she's on our list. >> do you think that the more

attention that is drawn to her events or her points of view, that the more trouble it causes? i know there was a big cry for people to just ignore this event that she was having in garland, texas, and you know, terry jones, that pastor down in florida who burned the cokoran, kind of went away. >> he's serving fries in a restaurant in florida. this is going to draw attention to pamela geller but people need to confront them. she deserves to be designated as a member of a hate group and at the same time this violence is horrific and unacceptable. people need to understand that pamela geller is not some innocuous person. the things she is saying about muslims are cruel and unfair and really ugly propaganda. >> you're saying that name she gives her group, the american freedom defense initiative, isn't accurate. a lot of people would say, you

should have every right in this country to draw a cartoon of the prophet mohammed and have a contest and award money just to prove a point we are free to speak here. it sounds like it's not hate speech. >> look, it can be hate speech and be perfectly legal under the first amendment. i believe absolutely she had every right to have these cartoons draw, publicize the event. that's the american way. we believe in free speech. but there's the right of others like myself and the southern poverty law center to use our free speech rights to depict what she's doing as accurate which is anti-muslim and muslim bashing in general. >> appreciate your time. thank you for speaking with us today. i appreciate it. >> thanks. coming up, so the keynote speaker at the draw mohammed contest was on a hit list. any surprise that violence erupted? hey, you forgot the milk!

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the keynote speaker at sunday's mohammed cartoon drawing contest in texas was a controversial filmmaker and politician. here he is, his name is girt wilder. frederik pleitgen joins me live from london. give me a feel for who this person is and what kind of controversy surrounds him wherever he goes when he makes these appearances. >> it's about his criticism of islam and the koran and you're right he is someone, ashleigh,

who has been under threat for a very long time. in fact, he's had police protection here in europe since 2004 because people think that he might be targeted because some of his associates who are also critical of islam have been targeted and assassinated in the past. his big thing is, he's very much against the koran. what he said in the past he likened the koran to hitler's book. he's trying to get the koran banned in holland several times and also been in front of a court for allegedly inciting hate speech and he was acquitted of those charges. he is someone who is controversial. a lot of people who dislike him. the dutch freedom party does resonate with voters not just in holland but the dutch parliament. he is also in the european parliament. so he is really a divisive figure who has many muslims angry to the point they threaten violence against him. death threats all the time.

something he said at the speech as well but he has quite a lot of supporters. you have a good deal of backlash against multiculturalism not just in holland but other countries in europe as well. you're right, a very divisive figure, someone who has been divisive for a long time and on al qaeda's hit list since 2010 when mentioned in al qaeda's "inspire" magazine. >> the hit list is one thing. but here in america we have a history going on with solo men rushby, going on, where you have i hate to say legitimate fatwa because people will say there is no legitimate fatwa, but muslims will say there is, is he subject to a fat wa which makes him dangerous where he goes? >> he is very much under threat. i'm not sure if there's a fatwa but on "inspire" magazine, put

him on a hit list in many ways and taken serious here in europe. look at the history in holland, a politician who was assassinated, very much critical of islam and then a filmmaker assassinated as well. it is the case there have been instances in the past where these people have been threatened, killed, and certainly something that's taken seriously with girt wildsers in particular. >> reporting live in london, thank you. the charges against six baltimore police officers came very quickly in the death of freddie gray but will convictions be quite so quick and easy? you might be surprised at the uphill battle if these cases even go to trial. we will break this all down for you and tell you what's ahead in the days, weeks and years possibly to come. wish your skin could bounce back like it used to?

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baltimore is showing signs of returning to normalcy. the curfew you've been hearing about lifted, national guard also drawing down. here's some of the servicemen packing up just moments ago and preparing to leave that city. but there is some new controversial swirling around the prosecution of these six baltimore police officers who are connected to the death of freddie gray and whether they should have been even charged in

all of this. how about whether they can be convicted. let's talk about the case against the officers with scientist larry coblinski a member of the casey anthony defense team and joining me paul callan. as forensic guy the first person i thought about when it came to the report and the speed at which it was determined, those things usually take 60 to 90 days, we're talking about a matter of fewer than two weeks, and it takes a lot to get a report, not just the science and the doctors who are performing it, all the situational information that comes to them from the investigation, but it seems as though that m.e. may have only had time to read the statements. >> that's right. the autopsy itself takes only about four hours. it is a medical legal investigation of the body from head to toe, right to left, front to back, looking at organs and various systems and looking at the pathology, but that's

only one part. the toxicology report, in this case there's going to be a neurosurgeon or pathologist who is going to weigh in and medical examiners need other kinds of information in order to decide on -- >> like witnesses. >> witnesses, video. >> police reports. >> police reports. all that to decide on the manner of death. >> do you think they could have rushed this this quickly in they want to do a thorough and all-encombassing investigation for the medal examiner's report which would take the police investigation, the state's attorney investigation the d.o.j. is working on could they have done it this quickly in your estimation? >> they can do it this quickly but you might misread things. autopsy reports take time. sometimes a month, sometimes two months. this was very, very unusual and i don't know if the m.e. will have a price to pay because maybe something was missed. >> i suspect that m.e. will be

rigorously cross examined if the m.e. walks into a courtroom at all, if any of the officers end up in a courtroom. take me there. now you're talking about a medical examiner's report a defense attorney could look at as ripe as a mind mine field to defend his or her client and this long timeline of people, places, actions, it's very, very tricky this whole line of events and the state's attorney saying it just happened in the van. as a defense attorney wouldn't you say, hold the phone. you have no idea what the police report has to say here. what if he resisted arrest? >> it's an extraordinarily complex fact pattern because you have 28 charges lodged against six separate police officers and they come into contact with him at different times and different ways. remember he's arrested, then he's put in a van, that van stops four times, several times during those stops officers look at him, they open the door, they

move him around, so how are you able -- going to be able to establish each officer has a responsibility for his condition. >> i keep saying if it ever gets to trial. if any of these guys or maybe two or three of them go to trial, because isn't it possible, paul, that any of these faces could turn and they could be witnesses against the others and ultimately get a deal and not go into a courtroom? >> that's why i think it's dangerous for us to say this went too quickly and she hasn't put together a great case. maybe she's already made a deal with one of the cops. >> we don't know he. >> we don't know. if she's made a deal i think a lot of people will back off and say she didn't move too quickly. here's the thing on a deal. and here's the thing about making the case. the overarching theory here is that this man shouldn't have been arrested in the first place and he was in the custody of the cops and he was constantly saying, i'm hurt, i can't breathe, and they just went from stop to stop, never got medical

help. all of them participated in that. so she's saying, you have a man in custody, you owe him the responsibility to make sure he doesn't deteriorate medically if you know he's hurt. >> there's so much more i want to ask you about as we move through this case and we have, you know, quite some time now, as the process starts turning ahead towards any trial if there is, don't know that we're going to have six, but larry thank you, and paul, thank you as well. paul mentioned it, the talk about the complex nature of these actions and what's so fascinating you have a lot of different kinds of charges and people who may have already talked. the question becomes, how much is out there for whatever defense attorneys are about to be announced as the person who's got the weight of the world now in their corner. [phone rings] [man] hello,totten designs. sales department? yes...i can put you right through.

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a baltimore police union -- an official is claiming that the city's op top prosecutor marilyn mosby has a conflict of interest in the case and shouldn't be allowed to lead the case against those six police officers who have been charged in the death of freddie gray. the union is saying she took campaign money from a gray family attorney. mosby insisting a lot of people donated even the police union, in fact, making that claim as well. i want to talk about the possible conflict of interest but how much stuff is out there for defense attorneys to look at as they start thinking about this case, many about to be hired, many already hired. joining me now, midwin charles, cnn legal analyst, mark geragos. i want to talk about change of venue because that place was en fuego and the state's attorney made comments i think a defense attorney could say this was sounding political, no justice, no peace, i don't think it's fair for my client or clients to

be tried in this community and it worked, you could say, in 1992 with the four officers in the rodney king beating. >> right. they went as you remember, they went from downtown l.a. which would have been a bad venue to simi valley. >> bad because of the african-american population and dem graph ticks? >> like any case it's over after jury selection. the last place these officers want to be tried is in baltimore and i think that there's a lot of issues with the way it was announced and what she suggested when she made the announcement. the idea that somehow this was because the city needed a celebration or heal, that's going to be fodder for change of venue. >> midwin, the evidence that marilyn mosby cited at that podium, and there was a fair bit, but a lot we don't know yet, was that, you know, there was a witness in that van that may have been part of the information gathering, right, a

criminal, and didn't get a good view because it is separated so i can see that being something a defense attorney would love to use and no video inside that van. there is video outside the van but no video inside the van. does that not make this an uphill case? >> no. as you said we don't know enough and also one of the things i came away from when i watched her press conference, wow, we really have a better idea of what happened to this man and what makes clear or abundantly clear he requested aid several times along the way even before he got in the van and never got it. >> who gave the information? because you got a driver who is facing second-degree murder, a prisoner picked up late in the process who may or may not have been offered some kind of deal to talk, you never know how that works, because it works in private and secret, it might be one of those people who are is working a deal and prepared to say anything to beat this rap. this is the worst place you want

to be. >> the charges were pretty much designed to get these guys to roll on each other. they are the difference in the severity of the charges and everything else, and frankly the driver facing the murder charge, he has a great incentive to say i didn't know what was going on, this is what happened and come back and cut me a deal on this thing. >> right. how about the illegal arrest? s because the state's attorney made a big, big point of saying, freddie gray should never have been arrested, an illegal arrest, and why you see the fallout of the charges, false imprisonment. >> if that was an illegal arrest it was a kidnapping, wasn't a false imprisonment. they took somebody, had no probable cause. >> o.j. went down on the moving a person across the hotel room against his will. >> that's a very good point and a telltale sign that, you know, this is something that happens a lot with police officers when they arrest and i think her pointing out that fact that there was no reason to arrest him.

>> fact. >> right. >> i want to ask about whether it is fact or what the state's attorney came up with in their investigation, again, who knows if it's from these guys, if that's fact or get me the hell out of here -- >> didn't be do anything criminal. >> hold on. but what if the police investigation has something else, how do we know there wasn't resistance during the stop. not illegal to stop him. it was illegal to arrest him. we don't know that the state's attorney took so much of that into account because when i asked miss mosby how much of the police report you got yesterday that's this thick factored into your decision she said it wasn't something -- this was stuff we knew. >> right. i will tell you something, if they were -- everybody says this was so quick. that argument does not really hold up because anybody who's been in the system will tell you, normally if you're a civilian, they get the reports and file the charges. that's it. it's within 24 hours. >> but you don't ask civilians to take guns around town and get into dangerous situations --

>> this isn't a very complex case? >> it's not. >> it's not. >> midwin charles, six people, six stops, over an hour. >> do this every single day. >> this is -- >> six people involved in a criminal case, not a large federal case with 50 witnesses you to go through wire tapping, transcripts and the like. this isn't that complex. for them to come back with these charges in this amount of time when you had two investigations going on simultaneously, which is something that i think she made clear during her press conference, i don't think it was that quick or as quick as people were claiming it to be. >> got to leave it there. want to have you both back and talk you through this more. thank you. coming up next, dzhokhar tsarnaev his lawyers are working hard and might have help from the family, talk about a family that is not particularly welcome, but you know what, the cousins and aunts are showing up in the courtroom. what are they going to say about this boy turned killer?

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try new aveeno® sheer why whydration.elf down? its active naturals® oat formula... ...goes on feather light absorbs in seconds... ...keeps skin healthy looking... and soft. aveeno®. naturally beautiful results. the defense team for the convicted boston marathon bomber dzhokhar tsarnaev is pulling out all the stops you might say to save his life like showing the jury some pictures of young dzhokhar with big brother tamerlan. the defense attorneys try to paint tamerlan as the leader of the wicked attack and dzhokhar as the pawn who followed his big brother they're actually bringing the family members in to try to make sure that's what sticks in the minds of the jury.

what we've learned is that when he was a boy, cried when the dad died in the "lion king" like everybody, but he hasn't shed one tear in the courtroom, not one, even when the family members of that 8-year-old boy described seeing their child blown to bits. alex der field is live outside the courthouse in boston. this is something they're bringing up that he cried during t"the lion king." >> one of the moments people hung on and heard the defense talking about the line yon king moment and you have to ask why are we talking about "the lion king" when doing the sentencing phase of the trial. the defense wants to humanize dzhokhar tsarnaev and have to make him relatable if they want the jury to -- his life. we heard from one of his cousins flown in from russia to testify and talked about what he was

like as a boy describing him as this warm, likable, kind kid who charmed the entire family and she was remarking on his ability to empathize, sympathize at such a young age, she felt was evidenced by the fact he would cry when the lion dice at the end end of "the lion king." the prosecution returned to that point making a key point saying this is a guy who cried over the death of a cartoon character but has shown no remorse for the sorrow and the suffering that was caused for hundreds of people. the jury obviously heard that the defense shut down that line of questioning with an objection there. these are family members who have been coming in and testifying all morning, all flown into the united states for this. they're here to testify on his behalf. these people haven't seen dzhokhar tsarnaev since he was 8 years old when he traveled to the united states when his family moved here. so a lot of the testimony has

sort of less to do with him and more to do with his brother tamerlan who returned in 2012. we heard family members talking about the fact that he returned to russia, talking about religion and saw signs that he had become radicalized. >> 8 years old. that's what their testimony is about. most 8-year-olds are pretty cute. in fact, lots of killers were cute babies at one point as well. i hope they have something else to try to save his life. keep digging in there, alexandria fields, dog and pony show. outside of the death penalty phase. by the way our cnn special "murder at the marathon" airs tuesday at 9:00 p.m. watch it here on cnn. coming up next, testimony in the colorado shooting trial that brought police officers to tears.

the second week of what has been a very emotional trial in colorado james holmes is accused of storming into a movie theater in aurora nearly three years ago. you'll probably remember it was that midnight showing of the new batman movie "the dark night rises" and when the gunfire ended 12 people were dead, 70 hurt. this is not necessarily a who done it. it's a why done it. james holmes has pleaded not guilty by reason of insanity. what a case it has been so far.

ana cabrera looks at last week's heartbreaking testimony. >> it was horrendous. it was a nightmare. looked like a war scene. >> i heard people, i'm getting shot, i've been hit. >> reporter: story after story of horror and pain. >> it felt like as if somebody was taking a rusted railroad fail and jumping it into my leg. >> reporter: dozensens of victims and first responders testifying about the mass shooting inside a colorado movie sheeter july 20th, 2012. >> been shot? >> reporter: prosecutors played this 911 call made by then 13-year-old callen bailey, a babysitter desperate to save 6-year-old veronica. >> i had my hand on her stomach to see if she was breathing and she was.

i took my hand away for just a moment and then when i put it -- when i put my hand back on her stomach it wasn't moving. she wasn't breathing anymore. >> reporter: a little girl shown walking on this theater surveillance footage that evening was one of the 12 who didn't survive. the heartbreak of that night overwhelming for even veteran first responders. >> bent down, felt for a pulse, there was no pulse. the only wound i could see was a wound in the abdomen on the right-hand side. i wanted her triaged and out of here. >> kayla survived after being shot in the head, can't walk and can barely talk. he testified using an interpreter and letter board to spell out his answers. the defendant james holmes appeared to be watching and listening during all the

testimony but showed no emotion. >> does he look different? >> yes. he had really unkept orange hair. since then he's grown a little bit of a beard and he's put on some weight. >> officer jason helped take holmes into custody after the shooting. >> he was very calm and sort of disconnected. >> did he cooperate with you? >> yes. >> did he seem confused about anything? >> not at all. >> holmes admits he was the shooter but pleaded not guilty by reason of insanity and could face the death penalty if convicted. ana cabrera, cnn, centennial, colorado. >> we have this breaking news out of new york. an nypd officer has just died. that coming from law enforcement officials. he was shot this weekend allegedly by a man named demetrius blackwell, age 35, and taken into custody. family is now with the new york city police commissioner bill bratton and they will have a press conference later this afternoon but imagine that is going to be another big story

developing and my colleague wolf blitzer will continue the coverage of that and the rest of the breaking news. . hello, i'm wolf blitzer, 1:00 p.m. in washington, 6:00 p.m. in london, 8:00 p.m. in jerusalem, 2:00 a.m. tuesday in pyongyang, wherever you're watching from around the world, thanks very much for joining us. this is cnn breaking news. >> we start with breaking news. the investigation into a shooting in texas which echos past attacks in paris and denmark. the shooting targeted a contest for cartoons depicting the prophet mohammed. the two gunmen were killed after opening fire in front of the event and this just in, the first picture of one of the gunmen elton simpson, there he is, we're learning more about him and past terror accusations. a little while ago we