along a san francisco waterfront belonged to a federal agent. it's not clear if it was a government issued or personal weapon. the suspect is francisco sanchez. he's an undocumented immigrant deported to mexico five times. he's pleaded not guilty. on capitol hill, senators demanded answers from top immigration officials about his release. >> he was released into general society to commit a murder. does that make sense to you? why isn't i.c.e. right there at the prison door escorting him that person back to his country of origin? >> san francisco officials say they released sanchez because there was no court order or warrant to hold him. he's admitted to the shooting but claims it was accidental. an expert for the defense says james holmes was mentally ill and unable to tell right from wrong during the colorado theater massacre. she testified that holmes suffered from schizophrenia and delusions. holmes' defense team is trying to prove he was insane during