Insanity defense will be hard sell for monstrous crime in Colorado
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This is a rush transcript from "On the Record," July 23, 2012. This copy may not be in its final form and may be updated.

GRETA VAN SUSTEREN, FOX NEWS HOST: This is not a whodunnit. James Holmes was arrested right outside the movie theater almost as if he were waiting for the police to arrive and arrest him. Meanwhile, his apartment was rigged with explosives. The evidence seems overwhelming. So what strategy could defense attorneys be planning?

Our legal panel joins us. Michael Cardoza is in San Francisco and Bernie Grimm and Ted Williams are here in Washington.

Bernie, let me start with you. He's -- let's say he's your client. Where do you begin?

BERNIE GRIMM, CRIMINAL DEFENSE ATTORNEY: Well, you go to see him at the jail, tell him everything's going to be OK, despite the fact that he's not going to be able to deal with that.

Number two, very important, right out of the block, you need to have a psychiatrist see him immediately. Number three, you tell him, From now on, I'm doing the talking. Don't open your mouth anymore.


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