Holmes charged with 142 counts

CENTENNIAL, Colo. -- 142 counts; that's how many charges James Holmes now faces.

On Monday, the accused shooter in the Colorado movie theater rampage appeared in court.

He looked the same as last week; dazed and confused with bright orange hair.

Though Holmes did look at the judge when he mentioned the death penalty.

"If he gets convicted of one count of first degree murder, the punishment will be with the death penalty or life," said David Lane, a criminal defense attorney.

"I don't care what your motive is.  He knew what he was doing. I want to see justice," said Ana Moser, whose granddaughter died in the shooting.

At the center of the investigation is a notebook Holmes mailed to his psychiatrist. Police said it details Holmes' plan for a massacre, but the defense wants it thrown out, saying it violates the doctor-patient privilege.