if errors are made, that hurts the likelihood that the verdict will be affirmed. capital punishment is on the table. everybody is trying to be as careful as possible. >> reporter: meantime, private attorneys have been retained by the university of colorado to represent in this woman, dr. lynn fenton, the woman identified as james holmes' psychiatrist and also to represent the campus police officer who was reportedly contacted by fenton because she had, quote, concerns about holmes while treating him according to published reports, but that's just the thing. nobody is commenting, nobody is talking. everyone's citing this gag order, jenna, and that is what a lot of people sure hope that judge william sill vester lifts today. jenna: we'll look forward to that ruling. thank you very much. >> reporter: yeah. jon: we told you about a massive fire this week at one of the country's largest fuel refineries. now a second fire breaking out at that same plant. big questions about safety there