those areas. a lot of thick under brush out there. both of the boys -- the mom and dad not married in this case, by the way, they live together and they have children from previous marriages and both of those children were inside the house when little lisa disappeared, and police have spent hours interviewing the parents. listen to them. >> as you can imagine nobody knows more about what is going on in that house than the parents do. they were cooperative with us all day yesterday and into yesterday evening as well. they were interviewed all the way up until 10:30 or 11 last night and they were cooperative. it had been a long day for everybody and the interviews ended about that time. >> reporter: the f.b.i. has been brought in, the marshals have been brought in, even immigration and customs enforcement. this is an all hands on deck situation trying to figure out. if there was a baby monitor inside that room or not. right now that is very unclear. you see the picture on the left hand side of your screen, that is lisa, blond hair, blue eyes, 30 inches tall, she has a bug bite below her left ear and a birth mark on her right thigh. she has been mission for at least 32 hours. it could have been earlier than 4:00 in the morning. would he know we cover these cases so much the first 72 hours in missing childrens cases are so, so critical. we went back and we've checked and children being abducted by strangers in their bedrooms, extraordinarily rare. police continuing to investigate the family. again, there are no suspects, no persons of interest in this case. megyn: trace when you say that the lead, the neighbor calls police and says i saw a man taking a baby down the road in the middle of the night, when you say it hasn't gone anywhere. what does that mean? the police have ruled out that that happened? >> reporter: that's the point, is police are now trying to investigate that and they can't find anybody walking around anywhere in that area with a baby at 2:00 this the morning. they are not sure if the neighbor didn't see what she claims she saw, but they have been checking local surveillance tapes, they have been interviewing every neighbor in that area trying to find out if somebody was walking around and so far they are saying the lead has absolutely not gone any where. they are not saying the woman was making it up. megyn: it hasn't been confirmed or backed up. >> reporter: they have no evidence. there is nothing to support that. megyn: there are going to be real questions. obviously in any kind of a case like this you start with the parents. that is just good police work. that's how it is done. we will follow this very closely, trace, thank you throughout the hour as we await this police news conference. do they have new information? are they starting to point the finger in one particular direction? we will speak directly with the police department captain and we will ask him about any new leads and updates and about this report from the neighbor. what did she say the man looked like? was it somebody who appeared to be a drifter? did the man match the description of the child's father? those are all things that the police are going to be looking into and we will ask them about that when they join us live and then we will hear more at the scheduled press conference. in the meantime you can check out our website as well for up to the minute information on little lisa, foxnews.com. two brand-new jobs reports are today defining the challenge for our struggling economy. private employers adding more jobs than expected last month. the adp payroll company estimating that america's workforce grew by 91,000 jobs in september beating expectations of a 75,000 job gain. but another report raining on the parade predicting a spike in planned layoffs this month, nearly 116,000 positions to be cut. that is more than double the number of layoffs in august. and adding to the economic concerns sobering testimony from the chairman of the federal reserve on capitol hill. yesterday ben bernanke warning that the united states economic recovery is in real danger of stalling. >> the recovery is close to faltering. we need to make sure that the recovery continues and doesn't drop back and that the unemployment rate continues to fall downward. megyn: meter marichi is a former economist for the international trade commission and a professor of business at the university of maryland. what do you think of that warning? >> the federal reserve is kind of late coming in with that warning. most economists were worried through the summer that we were teetering on the edge of recession. 80, 90,000 private sector jobs is not a lot. we need to add about 400,000 jobs every month for three years to get unemployment down to 6%. we are really in a lot of trouble and with conditions as they are in europe with their economy faltering things are very dangerous. megyn: so what is ben bernanke saying we should do? he seems to be saying, don't sit there and do nothing, that is not going to work, but that's what a lot of people now want. >> ben bernanke is out of arrows. there is not much that they can do. operation twist is not going to have much consequence. he was scolding the congress to behave better, get our finances in order, stop stalling around and having these perpetual threats of closures and so forth. get on with cutting the deficit and things like that. the real problems, though, are the absence of demand. demand is too weak and that's because we importing so much oil these days or paying so much for the oil we import and our trade deficit with china has got even very large. until we fix those structural problems as well as government regulations and so forth. megyn: why isn't it just people are unemployed and they are not spending. >> that is circular. if we started licensing more domestic and oil gas production instead of betting on electric cars ten years from now. th would pour cement, that would require steel. that would put people to work. they'd spend that money, it would show up in restaurants and dry cleaners and the like. megyn: what does ben bernanke want congress to do about it? he seemed to be scolding the congress for not doing anything and also speaking to the super committee saying even if they come up with these savings it's not really going to do anything. i mean is he advocating president obama's jobs bill? what specifically is he wanting folks to do. megyn: he. >> i think he's trying to avoid advocating anything. ben bernanke is aware of the currency problem with china. that is considered the province of the treasury. the federal reserve never talks about exchange rates, he can't discuss that. energy policy it's a lightning rod. he's not going to discuss that because essentially if he talked about those two things being a republican he'd be taking sides, because that's essentially romney's platform, energy, trade with china, deregulation, healthcare. if you look at his principle points in his economic plan that's it. so ben bernanke is not in a position to come down in favor of romney right now. megyn: interesting, peter thank you. we appreciate it. >> take care. megyn: threats against wall street could be reach a dangerous new level. word now that the online hacker group anonymous has made threats to launch a potentially catastrophic cyber attack against the new york stock exchange. [chanting] megyn: the move would apparently be a show of support for the protestors of the occupy wall street movement. the f.b.i. says it has received several threats including a video tape that promises to erase the stock exchange from the internet on monday october 10th just five days from now. again the f.b.i. investigating. we are waiting to hear from the white house on allegations that our country's top law enforcement officer, the attorney general lied to congress while under oath. he was testifying on the botched gun running sting fast and furious and there are some outraged lawmakers now leveling some pretty heavy accusations. what this could mean for the administration next. plus, what is next for amanda knox now that she is back home in seattle. some are speculating a book deal could be in the works. what would happen if prosecutors in italy appeal her acquittal? you can actually do that. a live report is next. and it sounds like something right out of a movie. researchers working on a new piece of technology that could make anything pretty much disappear. [ male announcer ] cranberry juice? wake up! ♪ that's good morning, veggie style. hmmm [ male announcer ] for half the calories -- plus veggie nutrition. could've had a v8. your nutritional needs can go up when you're on the road to recovery. proper nutrition can help you get back on your feet. three out of four doctors recommend the ensure brand for extra nutrition. ensure clinical streth has revigor and thirteen grams of protein to protect, preserve, and promote muscle health. and immune balance to help support your immune system. ensure clinical strength... helping you to bounce back. ensure! nutrition in charge! megyn: fox news alert a major search underway right now in northern california for a gunman on the loose. these are live pictures. the suspect is accused of killing two co-workers and then possibly shooting a woman in an attempted carjacking. california police say ittarted this morning allegedly 45-year-old shareef aman opened fire on cove workers at a rock quarry in coup couper teen cooper teecupertino. he allegedly tried to car jesus christ a woman, shot her in the leg. when we get more information we will update you. a possible response from the white house today over new questions on whether the attorney general of the united states lied to congress. eric holder accused of misleading investigators. it all goes back to his testimony on the failed gun running sting known as operation fast and furious. listen to what he said about his knowledge of this in may of 2011. >> mr. attorney general, we have two border patrol agents who are dead, who were killed by guns that were allowed, as far as we can tell to deliberately walk out of gunshots under the program often called fast and furious. this program, as you know, and the president has been asked about it, you've been asked about it, allowed for republicans to be sold to straw purchasers and ultimately many of those weapons are today in the hands of drug cartels and other criminals. when did you first know about the program officially i believe called fast and furious, to the best of your knowledge, what date. >> i'm not sure of the exact date, i probably heard about fast and furious for the first time over the last few weeks. megyn: the problem is, this memo sent directly to eric holder's desk almost a year before. and the message seems pretty clear it says, quote, this investigation involves a phoenix-based firearms trafficking ring responsible for the purchase of 1500 firearms that were then supplied to the mexican drug trafficking cartels. and this memo references fast and furious. now there are claims by the doj that eric holder misunderstood the question. either way lawmakers say there is no way that holder can investigate himself, now they want a special counsel appointed to do the investigating into this. joining me now is fox news legal analyst peter johnson jr. peter, darrell issa came on this program yesterday, he's heading up the oversight committee, he's a republican, he says that eric holder was under oath when he gave this testimony and he feels misled. i asked him, what about the doj's claim that eric holder just misunderstood, he thought when you asked him, when did you hear about operation fast and furious, that you, darrell issa meant the bad stuff, the really controversial stuff, and that eric holder was trying to tell you i heard about a couple of weeks ago. the whole operation itself, of course he knew about that months and months earlier. issa wasn't buying it. >> congressman smith's statement is that there is a question about whether mr. holder is misleading congress, the implication being that it was willful, the implication being that it was the commission of perjury, and there is such a crime. megyn: how do you get there? how do you prove perjury or obstruction of justice against the attorney general. >> reporter: each of them have a potential five year potential sentence. you take the question and the answer together and you know as a great, great lawyer, as well as a great anchor it's the question answered together it's not the answer alone. then you take objective evidence and you put them side-by-side, and then a grand jury makes a determination whether to indict a person with regard to that, and then a jury, if it goes to trial makes a determination about whether that person was willfully and absolutely engaging in a falsehood. megyn: how do you prove willfulness? the doj seems to be saying, look, we were trying to talk about the controversial aspects of operation fast and furious not the whole operation itself. they seem to be saying it was a mistake, a misunderstanding between the parties. >> reporter: that's the dramatic tension in a perjury charges specially woeupb involving obstruction at a congressional level. the easiest thing to do in this case and it's being asserted already is that there was a mistake, there was a misperception as to what the question was. mistakes that are honest, mistakes that are not willfully intending to deceive are not considered perjury. so there is an opportunity for the attorney general, if he believes that he misspoke, to say, listen, i misspoke, it's a mistake of fact, a mistake of fact is not a crime. megyn: that obviously can happen in a congressional hearing. you know, he may have been mistaken. the thing that issa and others seem to be saying is there is a pattern. they are pointing to some other instances where they believe the doj misled them about what it knew on this very controversial operation, fast and furious, where we were basically letting bad guys have guns and take them down to mexico because we were going to track the guns and get the bad guys but we didn't. they lost the guns, they didn't get the bad guys, this is bad. what issa pointed to among other things, he says in february of 2011 that the department of justice told congress that it had never let guns walk, that's what they call it when you let the guns out. it had not done that. it said no, we didn't do that, that is february of 2011. now they point to an october 2010 memo that came from the doj that's just been released that discusses, i'm not sure how much grief we're going to get for guns walking. it may be more like finally they are going after people who sent guns down there. he says that too is contradictory and what is the real story. >> there are two pieces of it there is a political dynamic and a legal day nam i can, this is a vial, stupid program, in my view that apparently resulted in deaths. that we're walking 2,000 guns across mexico and putting them into the hands of gangs and criminals. megyn: it would be important to track that. it would be important not to lose track of those guns. >> it's horrible, it's the worst -- i think holder has almost agreed with that assessment. then there is the second assessment, what was withheld. megyn: who knew about it, who authorized about it. how high up did it go. >> contempt of congress? that is something that is out there. also there committee has the capacity, and it's been done in the past, it was done with roger clemens to say we want to vote as a committee and make a referral for prosecution of the attorney general. i think we're going to hear more from the attorney general on this. i think there is a good chance that he'll go back before this committee and testify. if i was advising him, if i was representing him i would say, yes, mr. attorney general, you're the chief law enforcement officer in this country, and we do believe you, and we do believe that you made a mistake, but tell us as to what went on in this case. megyn: explain this memo versus what was said -- >> in terms of the case law, a lot of americans are going to find this incredible. an unresponsive and misleading answer, even if it's arguably false is not necessarily perjury. the problem here, though, is this question that mr. issa asked was very clear and straightforward. it was not -- megyn: he said there was another exchange that another person asked. then there is this memo, there are a few things they are getting concerned about. >> context matters. i think he's the attorney general, i think we deserve the very best. but we also deserve an deserves that he be given the benefit of the doubt at this point. let's see what he says going forward. megyn: absolutely. and he does need to speak to this directly, a paper statement at this point probably isn't going to cut it. >> it's not. megyn: peter johnson jr. good to see you. >> good to see you. megyn: a pleasure. we are awaiting a police news conference right now on the race to find a tenmonth-old baby who her parents say was snatched out of her crib in her kansas city home a little more than 48 hours ago. little lisa irwin apparently disappearing from her crib late last night. coming up we'll talk to a lead investigator about what clues they have so far. plus, a black bear barges into a pennsylvania home practically making a meal out of this man. the story of how he barely managed to escape three minutes away. >> the bear hit her going out, drug her outside. i went outside to see the bear on top of her. i literally dove on to the bear, that's when the bear started tearing the back of my head up. when you have diabetes... your doctor will say get smart about your weight. i tried weight loss plans... but their shakes aren't always made for people with diabetes. that's why there's new glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. and they have 6 grams of sugars. with 15 grams of protein to help manage hunger... look who's getting smart about her weight. [ male announcer ] new glucerna hunger smart. a smart way to help manage hunger and diabetes. ♪ [ male announcer ] help brazil reduce its overall reliance on foreign imports with the launch of the country's largest petrochemical operation. ♪ when emerson takes up the challenge, "it's never been done before" simply becomes consider it solved. emerson. ♪ emerson. mary? what are you doing here? it's megan. i'm getting new insurance. marjorie, you've had a policy with us for three years. it's been five years. five years. well, progressive gives megan discounts that you guys didn't. paperless, safe driver, and i get great service. meredith, what's shakin', bacon? they'll figure it out. getting you the discounts you deserve. now, that's progressive. call or click today. megyn: what started as a normal morning did not end that way for a pennsylvania couple. now recovering after being brutally attacked by a bear inside of their own home. trace gallagher has this incredible story from the west coast newsroom. trace. >> reporter: it is incredible. 3:00 in the morning, megyn the moyer family is in bed sleeping and the dog starts barking. richard moyer goes downstairs to let the dog n. the dog walks in the house followed by a grizzly bear. the bear jumps on richard moyer and began scratching his arms and his neck. his wife angela, walks out, sees the bear inside her home attacking her husband. she tries to distract the bear. what does the bear do? he turns and begins attacking her, biting her, scratching her then dragging her back outside, and the husband gets back into the mix. listen. >> i saw him being attacked right here on our living room floor and i tried to distract the bear. i don't know that i jumped on him or whatever. whatever i did was enough to make the bear turn and jump on me. >> the bear hit her going out, drug her outside. i went outside to see the bear on top of her. i literally dove onto the bear, and that's when the bear started tearing the back of my head up. >> reporter: you can see the wounds on richard moyer, a pretty big guy, right he's 6'6" weighs 300 pounds still wasn't a fair fight. that bear east was outside trying to protect his wife, megyn claude his scalp. 70 stitches in his scalp. authorities say the bear was likely just trying to protect her cubs, but come on following the dog inside the house? that is a little above and beyond. megyn: what is the ep p epilog. >> reporter: the ending is the bear got scared off. after he was clawing richard the wife went back after the bear and the bear ran back into the woods. megyn: this is the kind of stuff you don't have to worry about happening in new york city. serial killers is one thing but a bear coming into your house when you let in the dog, doesn't happen. >> reporter: happens mostly in oregon and yellow stone park, doesn't usually happen in your own home. megyn: new york city is the safest city -- wait, no it isn't. thanks, trace, unbelievable. republicans are mounting a new series of attacks on the white house after the president says he does not regret paying $535 million in taxpayer money to failed company solyndra. how is that going to sit with voters? plus, gop presidential candidate herman wane rocketing to frontrunner status. kwr-r some mainstream pundits refusing to give him frontrunner respect? amanda knox is home after spending years in an italian prison for murders. now her story may be worth millions, but what if italian prosecutors win their fight to look her up again. >> what is important for me to say is thank you for everyone who has believed in me, who has defended me, who has supported my family. thank you for being there for me. [applause] [cheering] 4g-- the next evolution of wireless technology. with advanced power, the 4g network makes everything faster-- smartphones, laptops, tablets, mobile hotspots. but not all 4g is created equal. among the major carriers, only verizon's 4g network is 100% lte, the gold standard of wireless technology. and while other carriers may have limited lte coverage, verizon is the largest lte network in america and ever-growing. with verizon 4g lte, stream shows and movies without buffering, and play multi-player games with no lag. watch live nfl games on thursday, sunday, and monday nights. video chat with no delay. megyn: centers for disease control confirming 18 deaths now nationwide connect towed this listeria outbreak from canteloupe, warning that the death toll could still rise. symptoms can take up to two months to show up. the outbreak sickening more than one hundred people in 20 states. the friendly's restaurant chain known for ice cream and hamburgers filing for bankruptcy protection under chapter 11. its parent company blaming the recession and high food costs. they have closed more than 60 locations. the rest will stay open. i have to call my hometown. this was our hang out in high school. big ice cream s u.n. daes, good times. it's been less than 24 hours since amanda knox returned home making a tearful announcement. prosecutors in italy are working over time vowing to appeal monday's acquittal. a move that could possibly pit the united states and italy in a fierce extradition battle. dan springer has that live from seattle. dan. >> reporter: yeah, megyn amanda knox's u.s. attorney theodore simon does not think that will happen primarily because the appeals court in italy found that amanda knox was innocent, not just that there wasn't enough evidence to uphold the conviction. it was a very relieved and emotional amanda knox that showed up here yesterday in seattle touching down at 5:30 local time. it was a made for tv event with ael over a hundred journalists from all over the world here, all wanting to hear what she would say now that her four-year ordeal is over. >> my family is the most important thing to me right now and i just want to go and be with them, so thank you for being there for me. [applause] [cheering] >> reporter: amanda also thanked all of the people who believed in her innocence and then she disappeared. the family had a plan to divert the media by having as many as four, five limos leaving the airport all at the same time. there were cameras staked out at her mom's, dad's and grandma's houses. we know she didn't end up at any of them last night. a friend of hers said amanda and her family will probably get out of seattle. they are republican has 60 interview requests including one from david letterman. there is talk of a low seven-figure interview offer, many expect her to finish her degree at the university of washington. a book deal. first she'll probably want to help her family out who went into deep debt. that is coming down the pike in a few weeks, but she may just want to disappear for a while too. megyn: dan, thank you. developing now on the campaign trail new backlash over comments president obama made about the solyndra scandal. mr. obama saying he has no regrets about giving a half billion dollar government loan, that is your money, to the now bankrupt solar energy company. now the rnc quick to release this ad hitting the president hard over the company's collapse. >> your white house has faced a lot of questions on solyndra. you really held it up then as a model for jobs and clean energy. do you regret that? >> no i don't. >> solyndra received $535 million in federal loans. >> ripping off taxpayers in a high profile bankruptcy this one went bad. >> there are going to be some failures. >> you didn'you were given warnings not to back that company up. >> hind sight is always 20-20. megyn: how will that sit with the voters. monica crowley and dan gerns t-rbs ein joins us. why would he say he has no regrets about $535 million of the taxpayers money going down the drain. >> probably he doesn't. megyn: why doesn't he? >> because he believes philosophically in the approach they took. they are going to make mistakes when there is government investment in clean energy companies. i think the interesting story here is that the preoccupation with barack obama is blinding them to the story. this is a results story. this is part of the stimulus effort that the president made a bet on and it didn't work. that's why his poll numbers are so problematic. megyn: is it corruption or in ept ta taoud. even if you don't have -- okay they knew and it was c r-rbg o onisim, should have loan have been made? there were a lot of red flags. >> there were red flags going up all over the place. first the bush administration was presented with this. their recommendation was a yellow light they said proceed with caution with this company, very shakey finances. we are not giving it a yes or no, proceed with caution. when the obama team came in, let's remember that during the 08 campaign obama made it very clear that one of the things he was going to try to do as president was transform the energy sector. he tried to do it through the legislature through cap and trade, when that failed he started going ahead by using stimulus money, taxpayer dollars to try to remake that sector, green jobs, clean energy and the rest. remember in pace 08 he intended to bankrupt the coal industry. that's what this is all about. when he says he has no regrets that's because you can't transform an entire sector of the economy, megyn without breaking some eggs and that means losing some taxpayer money here and there. megyn: he may have a point it is 20-20 hindsight. what deal is there that you will be invest in where it's like, all systems go, it's the deal of a lifetime, there is nothing that can go wrong, fork over your money. >> he does have a point. here is the thing monica makes a very good argument that is a compelling, he sophisticated substantive argument. that is not what you're hearing from most republicans. they are trying to focus on the sweetheart deal here. that is bad territory for the republicans given how many sweet hard deals were given to the banks and how they watered down dollywood frank. what will move voters is if you tie it to the larger narrative is the president's policies have been insignificant. say this is about results. that would be an effective criticism. megyn: why is the president -- is he off message here? he's been -- this week we had him saying that you're not better off than you were four years ago on camera. >> who does that. what president does that. megyn: you know you're not better oven you were four years ago. now he's saying, no i don't regret that 535. it may all be true and real but is this a communications issue for him? and if so who in the white house should be advising him on how to message better. megyn better. >> there have been a lot of top democrats that essentially say the only person that barack obama listens to is barack obama e. has a very tight knit inner circle. david axelrod. bill daley, of course his wife michelle. he's the one that makes the final judgment on messaging, policy, how he is going to present it to the american people. never if my life have i seen an american president go forward and admit the truth saying, no the american people aren't better off today. there are ways of saying that. they are living it every day, they know that pret tree straightforwardly. >> it's pretty amazing how unwilling he is to acknowledge how big a part optics play in american politics particularly the symbolism of the presidency and what the president says. he tends to think, and i'm going to give him the benefit of the doubt, that it's in certain ways an admirable trait, if you just tell the truth that reason will take over but that is not the way politics works particularly trash trash. megyn: in the wake of him saying rightly or wrongly he thinks the whole problem on healthcare was the messages that is the less own learned. he didn't give it the right message. people disagreed with that. then he comes out with this message, i don't regret wasting $535 million. >> he does have a communications problem and a policy problem. you can acknowledge they are both there. granted, at the end of the day it's about results. and no one would be talking about solyndra if the stimulus bill had worked and if unemployment was down for sure. megyn sure. >> i think you're right about results. if there were other green companies into which they poured hundreds of millions of taxpayer dollars that were actually producing great results. solar, wind, some of the other alternative energies that they were trying to invest in. if they were turning a prove it if they looked promising then you can say -- the fact that so many of these firms have gone under and the taxpayers are on the hook. megyn: all right, guys thank you. appreciate it. an alert coming in. word to expect to hear shortly from the parents of little irwin alisa irwin. police are racing around the look trying to find the ten-month-old baby. the kansas city police captain who is on the case will join us live with new details on the search. has the justice department declared a war on guitars? turns out every six string in america is made with illegal wood. we'll show you why washington is apparently now on the war path. [ male announcer ] this is lara. her morng begins with arthritis pain. that's a coffee and two pills. the afternoon to begins with more pain and more pills. thevening guests arrive. back to sore knees. back to more pills. the day is done but hang on... her doctor recommended aleve. just 2 pills can keep arthritis pain away all day with fewer pills than tylenol. this is lara who chose 2 aleve and fewer pills for a day free of pain. and get the all day pain relief of aleve in liquid gels. megyn: fox news alert on our top story, we just got word from police that we can expect to hear from the parents of this missing ten-month-old baby girl from kansas city, missouri. they will have a news conference coming up in the next hour or so. the little lisa irwin, this baby apparently snatched right out of her own crib that's what her parents say. joining me now is steve young from the kansas city police department. captain, thank you for being here. earlier you said there were no leads in the case. has that changed. >> unfortunately no. we keep getting tips into our tip hotline but we don't have anything to put our teeth into. megyn: are you ruling the parents out. >> i would say the parents have been cooperative. they gave interviews all day yesterday antoine th and into the evening. but we don't have much to go on. megyn: do the parents act like they just had a child stolen from them. >> when we arrived they were upset and cooperated with us. megyn: was the house tampered with? >> i don't know if detectives are hanging their hat as a point of entry on the screen of a window. megyn: was the house locked? >> i'm not sure. >> okay. the police we were told have been searching a nearby wooded area. is that the case? >> that is true. it's not based off of any lead that we had. there is a large wooded area immediately adjacent behind the house, and it just obviously makes sense to go through there. we've been through there several times with ael over a hundred law enforcement officials. we've had dogs in there at different times and we put dogs back in again this morning. megyn: any hits by the dogs? >> no there haven't been. megyn: a neighbor claimed to have seen a person walking with a baby in a diaper in the middle of the night. have you folk even with that neighbor? do you believe that claim is credible. >> that person contacted us at the scene the very first morning when she saw it on the local news, i believe. we looked into it and we haven't really been able to plea dues anything from that. megyn: do you believe it or disbelieve it? >> i think this person is telling the truth. whether that person was actually a suspect involved or not, or just happened to be walking down the street we really don't know. if anybody thinks they may have information we would love to talk to them as well. but based on just what she told us that morning and afterwards during interviews we haven't been able to turn that into anything. megyn: she said, i gather that it was a man, she thought it was a man walking with a baby. captain i have to ask you, is it possible it was little lisa's father. >> based on what she said i don't think so. the description doesn't quite match at all to be quite honest. we are not putting that together that way right now. megyn: is there any -- i'm just asking you the questions that i know you guys are going to have to ask, i don't want folks to think i'm pointing the finger at the parents, i know that is the first place you have to start as well. >> i understand. megyn: is there any history of domestic violence, abuse, child abuse, anything like that in this family that we know of? >> i'm not intimately aware of what the detectives are doing, and i probably won't be able to talk about the details of the case any way. i can tell you i don't have any information on that and i haven't heard it come up. megyn: why was the amber alert canceled so quickly. i know you say it had run its course. our information is that normally they would be kept up for much longer than this. >> that is the way we kind of have done it here in the past. you know, the amber alert is designed for urgent, immediate type of response for, you know, for instance a kid was shoved in a car kind of thing. we don't want to dilute the amber alert. if you have it up too long people stop paying attention to it. i will say the amber alert was completely effective. it got everybody's attention. the response has been wonderful, unfortunately we haven't been able to turn it into anything, but canceling the amber alert has affected the investigation not one bit. we are continuing to do things just like we would any way. megyn: captain steve young, good luck to you. thank you so much for being here. >> thank you, we appreciate your help. megyn: we will have this little baby's face up on the screen just as much as we can possibly do to the extent that she is missing and can be found. after the break dr. michael baden who has been critical helping investigators solve cases like that. he is here on the set with me, right after this break. it's very reasonably priced. plus, it's two times stronger when wet versus the leading competitive brand. new charmin basic works for my bottom line. and my bottom. new charmin basic. ♪ [ gong ] strawberry banana! [ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8. every time a local business opens its doors or creates another laptop bag or hires another employee, it's not just good for business. it's good for the entire community. at bank of america, we know the impact that local businesses have on communities. that's why we extended $7.8 billion to small businesses across the country so far this year. because the more we help them, the more we help make opportunity possible. megyn: fox news alert we are following the case of little lisa irwin a 10month-old baby who her parents say was stolen out of her crib in the middle of the night, monday night. you just heard the interview with the investigator on the case. joining me now is dr. michael bad even, famed forensic pathologist and a fox news contributor. you have helped in innumerable cases in these kind of situations. what jumps out at you in this case. >> reporter: it has been established that the police went around the house, no evidence of an intruder. no evidence of shoe prints or broken grass or an attempt to get into the house and they are concentrating on the family. the family includes not only the mom and the dad but also the children. a ten-year-old has to be looked at always. megyn: there is one ten. i don't know what the age of the other one is. >> reporter: because of the nature of the family a question that was not answered about possible domestic problems would be interesting to know the answer. it will be interesting to see when the press conference, within the hour goes off with the parents, whether or not there is an attorney present. megyn: why would the parents are doing that. to get their faces on camera, put some sympathetic pair out there to the public to gin up concern and support. >> reporter: that could be true. they want the public to investigate, to be more involved in it. but they may also have some statements to make that they would have ten attorney representing them with. megyn: if they brought you in on this case, the police, what would you want to know? >> reporter: i would want to know where the ten-year-old was, what the ten-year-old heard or may have said, what time he went to sleep, and whether or not there was any evidence around the house of any kind of intruder entry or exit. megyn: separate and apart from the window he talked about. >> reporter: the window, any place, the doors, the question you asked that he continuance, was the house locked, could anybody have moved in. i'd like to know also if they are going flight, everybody -- it seems to me everybody who knew the inside of that house, which may include some other relatives, and maybe some work people, because whoever came in knew where the baby was. megyn: yeah. and you famously helped solve some cases by knowing what should northbound place hapb wound up noshould be in place and wound out not being in place. what do you make of the amber alert he says it's no big deal. >> reporter: in my experience 24 hours is a pret tie quick time to stop the amber alert, to cancel it. the amber alert goes out as an alert for the first six hours, they use all kind of things and add to the alert that police agencies can look at. megyn: if we take him at his word it is no big deal. if it is not a big deal what does it tell you. >> reporter: it tells me that they are focusing on someone. somebody within the family,. megyn: we hope it will be a good outcome. thank you sir. >> reporter: thank you, megyn. megyn: we are awaiting the press conference from the parents. you'll see it live right here on fnc. expecting new questions at the white house press briefing about the u.s. attorney general after republican demands that an investigator, a special counsel look into whether attorney general holder lied to congress. new details on that in three minutes. prosecutors calling a computer analyst in the manslaughter trial of jack ar's personal doctor. he's expected to testify about a bizarre recording from michael jackson extracted from the physician's phone. the impact of that compelling evidence in "kelly's court." herman cain climbing to the top of a few big named polls. the mainstream media seem to be writing him off. why? >> is the cain train gone insane? what is happening here. >> that is a good way to put it. the cain train is going insane. one people get on the cain train they don't get off. >> that's true. pwhrafp ♪ a refrigerator has never been hacked. an online virus has never attacked a corkboard. ♪ give your customers the added feeling of security a printed statement or receipt provides... ...with mail. it's good for your business. ♪ and even better for your customers. ♪ for safe and secure ways to stay connected, visit usps.com/mail the world needs more energy. where's it going to come from? ♪ that's why right here, in australia, chevron is building one of the biggest natural gas projectsn the world. enough power for a city the size of singapore for 50 years. what's it going to do to thplanet? natural gas is the cleanest conventional fuel there is. we've got to be smart about this. it's a smart way to go. ♪ megyn: we are expecting tough new questions at the white house after calls for a special counsel to probe into whether america's chief law enforcement officer lied to congress. how republican demanding an independent investigator to determine whether attorney general eric holder lied to congress. back in may he was asked about when he knew about operation fast and furious, the botched gun-running sting that may have led to the murder of a u.s. border agent. we lost the guns and an american border patrol agent woind up dead. eric holder said in may of 2007 that he of of of of -- that in may of present he learned about d in 2011 he said he learned about them in the last few week. a fox news legal analyst told us last hour it will be a steep challenge for the gop to prove intention tall wrongdoing here. >> the easiest thing to do with regard to this case is that there was a mistake, a misperception as to what the question was. mistake that are honest and not willfully intend to go deceive are not considered perjury. so there is an opportunity for the attorney general if he believes that he misspoke to say, i misspoke, it's a mistake of fact. a mistake of fact is not a crime. megyn: steve centanni live in washington with more. >> this effort to get a special council appointed in this case. today as the republican, a man spearheading the probe in congress. congressman darrell issa says maybe a special counsel is not the best idea. the justice department stonewalls the special counsel the way they have for us for a year. they push you have until after the elect and then perhaps we really never get our justice for this wrongdoing that led to brian terry and other dying on both sides of the border. >> reporter: the idea was to keep track after batch of guns going into mexico and see where they led. instead it don't work out that way. the feds lost track of the guns. the current controversy surrounding attorney general eric holder and exactly when oh my about all this. >> when did you fir know about the program officially called fast and furious, to the best of your knowledge, what date. >> i'm not sure of the exact date but i probably heard about fast and furious in the last few week. >> reporter: that was in may. the document show he was briefed as early as july of last year. a -- oj spokeswoman says there is a difference between knowing about an investigation and being aware of questionable tactics employed in that investigation. no response on that request for a special counsel. megyn: i want to point out to the viewers that lamar smith said to fox news that he is not sucking perjury here, but said he does believe there is a conflict between what the attorney general told congress and what the document that have just been produced show. new jersey governor kri christy make d chris christie making it clear he is not running for president this time around. former massachusetts governor mitt romney is leading the gop field. in second place, herman cain. a businessman with 17%, and can governor rick perry is 3 points behind cain at 14%. former alaska governor sarah palin round out the top four at 9%, but she has not announced she is running. peter, thanks for being here. romney surges to the top. if christie had been in would it have looked different? >> they also asked what voters would have done if christie was running. perry wouldn't be far behind and cain wouldn't be far behind. so mr. christie's withdrawal or non-entrance gives mr. romney more breathing space. megyn: what do you make of herman cain at 17%? >> mr. cain's numbers have doubled in the last month. some candidates have zoomed to the top. michele bachmann did this summer. she was in second place at one point. now she is in low single digits. mr. perry numbers have come down subject standingly. mr. cain has not been treated seriously by the news media. he may do better or worse. he's pretty much been ignored by the mainstream media. megyn: we'll have a debate on why that is. it seems that rick perry has lost the supporters to the same extent herman cain has gained them. are the folk jumping on the cain train former perry supporters. >> many people jumping on the cain train support the tea party movement and many of those same people were supporting mr. perry before his numbers began to dip. we can't say john here and sally here have changed. but there has been some migration among tea party types from mr. perry to mr. cain. megyn: what do you think of him around this 20 mark. is that a good thing for him. slow and steady wins the race or is it a bad thing he can't seem to get above that? >> you can argue it round, you can argue it square. it's always better to be ahead than behind. the question is why has he not grown as other candidates have gown and down. i would suggest the next month or two is mr. romney's chance not necessarily to wrap up the nomination but to solidify his position at the front runner. megyn: governor rick perry may be taking a hit in the polls. but he's doing okay when it comes to fundraising. the perry camp announcing it took in $17 million in the last quarter. perry's numbers are expected to dwawr -- are expected to -- warf the other gop hopefuls. fox news alert s.w.a.t. teams in northern california are going door to door with their guns drawn searching for a gunman who killed two people and wounded six others during a company meeting in cupertino, california. the violence breaking out at a quarry. two hours later a woman was also shot during an attempted carjack. authorities suspect that was the same woman. claudia? >> reporter: it many been an emotional morning as relatives learn the fast it their loved ones. we have seen people walk away in tears. we heard one one and crying and screaming when she learned her father was the victim among this early-morning shooting rampage at the rock quarry carried out by a disgruntled employees identify as sharif almond who work here. he's the subject of a massive and growing manhunt. unfolding near the cupertino-sunny vail border. they are going to door to door, looking through backyards. there were reports he had been spotted running from house to house not far from the offices of hewlett packard. that where the suspect reportedly tried to carjack that woman about an hour after the shooting at quarry. he shot that woman but did not get her car. she and six other victims are being treated at local hospitals. investigators are looking through a green colored sedan and they are also looking for a motive in this case. i have been speak to his coworkers and friends. he's generally described as a wonderful guy. friendly and spiritual. he's the author of at least one book and a community leader with his own cable access show. co-workers describe him as talkative and smiling. up until yesterday when his demeanor changed. he came to work stone faced and wouldn't talk to anyone as he drove his dump truck around the quarry. he was at the shift can change meeting as usual. he left that meeting, came back with several wave upon, an assault weapon and handgun, and that when he opened fire shooting 7 people and killing two of them. i can tell you as this manhunt unfolds, several companies and a number of schools remain on lockdown. we'll have more details in the next hour. megyn: the thought being in your home on lockdown while the police look for a man who has killed somebody. there is only one republican spanish language debate on spanish television. but five members are boycotting uni vision. that not fog or smoke. the rare phenomenon that caused this massive pileup. the look inside the manslaughter trial of michael jackson's personal doctor. testimonies from a medical supply executive that could be damning evidence. >> did she make an inquiry as raising a quote red flag? >> yes, she wanted it shipped to a residential address. medicare. it doesn't cover everything. and what it doesn't cover can cost you some money. that's why you should consider an aarp... medicare supplement insurance plan... insured by unitedhealthcare insurance company. all medicare supplement insurance plans can help pay... some of what medicare doesn't, so you could save... thousands of dollars in out-of-pocket expenses. call now for this free information kit and medicare guide. if you're turning 65 or you're already on medicare... you should know about this card -- it's the only one of its kind endorsed by aarp; see if it's right for you. all medicare supplement plans let you keep your own doctor, or hospital that accepts medicare. there are no networks and no referrals needed. help protect yourself from some of what medicare doesn't pay... and save up to thousands of dollars in potential... out-of-pocket expenses with an aarp... medicare supplement insurance plan... insured by unitedhealthcare insurance company. call this toll-free number on your screen now... for this free information kit, including this... medicare guide and customized rate quote. megyn: we just got word from police that they are meeting with parents of missing baby lisa. the parents will speak during a news conference expected within the hour. baby lisa according to the parents was snapped out of her own crib. her mother says she put the baby to bed late monday night. but when her husband came home from his job at 4:00 a.m. she was gone. police are meeting to go over the parents' prepared statement statement. police don't mow what the parent plan on saying. whether this will and plea for help or assertion of their own innocence. police asked the parents to make a statement, saying having them in front of the camera will benefit in this case. the parents will not be taking questions buthey will be coming out in front of cameras and we'll have that for you live right here. new controversies from the campaign trail. five republican candidates boycotting the only gop debate on spanish language television. they said them skip the univision debate in january in response to a controversy over florida senator marco rubio. they were going to run a story about rubio's brother-in-law who was convicted of drug pennsylvania trafficking when rubio was 16 years old. univision directors called him up and offered to soften the story or scrap it all together if only senator rubio would grant them an interview. phil keating picks you have the story from there. >> reporter: on univision broadcasts. rubio's story about his brother-in-law that dated back 24 years did end up running. and it was the centerpiece debut of their new i team. this involves two major hispanic players. this dispute and a call for a boycott of univision, the country's largest spanish language network. and marco rubio who remains a vice presidential short lister for the gop. if this apology by univision does not happen, these five republican candidates will not take part in the debate. that'ser. y, cain, bachmann, huntsman and perry. univision says the apology is not deserved and it's not coming. they invited rubio to sit down on their political show. that when they had a conference call and according to rubio staffers as well as univision insiders who were quoted by the "miami herald." they offered to drop the story or at least soften it if he would do the program. while rubio never did the program, that's what i toiled at the beginning of this, the two-part story about this brother-in-law ernlded up running. three friends of south florida, three of his friends and political allies down here, all of whom are republicans and elected representatives. they are congressmen and well as the house majority leader. yesterday they called on all republicans, specifically the candidates running for president to boycott univision's plan of debate planned fear nationwide broadcast in late january on the university of miami's campus. univision not backing down. they say there was no quid pro quo nor extortion. megyn: this boycott not the only fallout for univision. joining me on the phone is representative contreras. you want to see what? you want to see this guy isaac lee who heads up univision fired? >> good afternoon. thank you for having me on the air. at the very least i would like to see him admit it and apologize. this kind of journalism has no place in today's media. if he could be removed from his position that would be great for the process in general. megyn: he doesn't sounds like he's apologetic. he's threatening that this a defamatory allegation. he says this is incorrect, and he seems to be dispute can the account that is published in the ""miami herald"" about him and his top executives suggesting you give us rubio for an interview and we'll pull the damaging story about riewb ohio's brother-in-law, what he did in 1987. he's saying that defamation. >> it was confirmed by rubio's staff. it was univision's employees who were first to approach the "herald" on this story. i see how they would want to protect their jobs. there may be depositions and maybe those names could be found out and someone could go on the record. megyn: it's not just a he said, she said between isaac lee of univision, there are people within univision who says it was someone who had knowledge of the discussion who affirmed the rubio's people's version of the events. saying, quote, we were stunned. can you imagine how embarrassing it is to have our boss basically ex toargt an interview out of senator rubio? you can't have media journalists doing this kinds of thing to candidates. >> i think the five candidates that have agreed to not participate in the debate are the ones sending the strongest message, standing together with senator rubio and sending a message to the media. this is not about univision and hispanics. if fox news were to do this i would have signed the same letter. but we know you guys would never do this. the presidential candidates that have chosen not to participate in the debate are send the strongest message they need to come clean on this or we'll go over to telemundo. megyn: it's amazing a sitting u.s. senator threatened in that way. we have breaking news on the desperate search for little baby lisa coming up. when you have diabetes... your doctor will say get smart about your weight. i tried weight loss plans... but their shakes aren't always made for people with diabetes. that's why there's new glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. and they have 6 grams of sugars. with 15 grams of protein to help manage hunger... look who's getting smart about her weight. [ male announcer ] new glucerna hunger smart. a smart way to help manage hunger and diabetes. have been targeted. now what's happening? they are going after all the guitar makers? >> reporter: >> reporter: there is a perception they could. i spoke to a guitar maker who makes a dozen guitars a year. he's concerned after the lacy act which protects endangered forests around the world, that some guitar makers who use the same wood as gibson could be targeted and he's worried about the impact it would have on his business. >> it's hurting american business. if the economy of wasn't a huge weight on the whole materials of american craft industry, lacy is practically the death nell. >> reporter: he's worried he won't able to get the wood he needs to get his guitars so when his wood supply is exhausted, of may mott be able to make anything else. megyn: what's being done about it? >> reporter: at the moment nothing is being done about it. everybody has their eyes on gibson and the department of justice. and then they will make some sort of a move. but there are discussions going on behind the scenes between the national association of music merchants stan senator lamar alexander and senator widen of oregon. but they sent a letter to the president and all members of congress complaining how they have been negatively impacted about it lacy act. here what is they talked about. unintended consequences we feel are damaging to our industry and the economy. i read that letter to senator alexander and asked him, are changes necessary? he says it appears there is a problem and changes may be necessary. >> it's my responsibility as a tennessee senator to look at the law and say is it hurting our musicians? is it hurting our manufacturers? do it have an unintended consequence? if it does, how to try to change it. >> reporter: gibson officials are meeting with federal invest gators about that raid in august. megyn: thank you, sir. more and more american voters jump onboard the herman cain train. but some media types seem ready to derail this train before it gets out of the station. >> * a 10-month-old baby girl vanishes from her home. we expect to hear from her parents in just a few moments right here. but first the latest on the search effort now underway. >> the only thing we know absolutely is there should have been a 10-month-old in that house and there isn't. 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[ laughs ] i'm proud to be a grill master. i love food. my name is charles himple. i'm a red lobst grill master, and i sea food differently. megyn: a fox news alert on a developing story we have been following through this show on a missing baby in kansas city, missouri. the police are meeting with the parents of lisa irwin and the parents are expected to hold a news conference. on the phone with me is bill grade which, a reporter at a radio station in kansas city. do we have any update on what's happening with the investigation or war we can expect from the parents? >> we heard the father is going to be reading the statement prepared by the family. we don't know if his wife will be making any comments. we are not sure if he's going to take questions. at the house this morning we saw an sphieb crew of crime scene techniques going in and out of the house dressed in safety suits. at one point they were using what appeared to be a vacuum device going around the window that may have been the approach used about it abduct more take this little girl and they were gathering evidence and taking it back to the mobile crime lab. so that's where we are right now. the search has centered around the house. and also just a little bit to the southwest of it where it's very much like the ozarks. dense and hilly and brushy. police have admitted they are stumped on this one. they don't have a lot to go on. megyn: how old are the other two children in the house? >> my understanding is they are ages 7 and 10. the family twawkd police last night. the mom and dad, until 10:30. we are told there will be people talking to the young boys, those trained in dealing with this kind of investigaon involving youngsters. megyn: do we know if the boys or the father attesting to hearing anything. does the mother -- do we know whether they have told the police that they heard anything suspicious, et cetera? >> they haven't shared that with us as what the parents have told investigators. they tell us they have had some tips that have come in. they have had tips come in but they haven't pond out. one yesterday was a lady in the neighborhood claiming she saw a man walking down the street with a baby in a diaper late at night. megyn: we had an investigators on the program earlier and we asked whether there was a history of domestic violence within the family an didn't say. did we know anything about that? >> that's something they would not discuss with us. they have been guarded about this. a lot of these folks work on this case, the police officers have a real passion for. many of them have young children so it's been an exhausting search. yesterday there were about 100 searchers out including folks who were handling dogs and there were mounted patrol officers. today that was scaled back to 30-50. they have been going over areas they have been to yesterday. megyn: did anybody offer an explanation for that decrease? >> other than the fact that they are not expanding the search areas. they have gone through it once. what a lot of what they are doing today is going door to door and contacting the those in those houses who happened to be home yesterday. megyn: if someone has that baby, say a prayer. let many hope she is okay. a huge couple week for presidential hopeful herman cain. the businessman doing very well in the debates. wing an important straw poll in florida and other polls and soaring in the national polls. tied for the top spot with mitt romney in a new cbs poll. followed by mitt romney and newt gingrich. mr. cain was asked about it on last night's "red eye." >> most people get on the cain train, they don't get off. george will received when herman cain won that florida straw polls against conventional wisdom, liberals' brains explode and they did. so what happened is when people get on that train, they know they will have substance, because i present solutions and answers. that what's appealing to people. megyn: gregg gutfeld says cain is taking off like a comet made of pizza. where are media outlets starting to suggest his campaign is not serious. many people have said that. leslie marshall and lars larson join me now. why is that? why do so many people say he's got no lance, lars. >> because you work at fox news you are not privy to this. but there is a secret liberal style book for journalists who say black men and women cannot be successful republican candidates. megyn: i heard our own bill o'reilly suggest cain has no chance. >> bill is a populist. but cain is able. he's got a great plan. i don't agree with all of his ideas. but the man is genuine an has a track record. the fact that he hasn't been in government, i think that resonates with lot of us who think government has screwed things you have and we need some real change. megyn: i don't get, leslie. his momentum is climbing. it happened in the last election -- last presidential election the front runners fell down and mccain rows up. why are so many so dismissive of herman cain's chances? >> i'm one of the liberals and i have my brain -- i love you, buddy. lars, we elected an african-american, in case you haven't noticed. barack obama is a black man. but even in the past couple months, what does it come down to? it comes down a two-man race between romney and perry. the debates changed all of that. i don't think that the mainstream mediaas ignoring herman cain any more than they were ignoring newt gingrich. but now he's in the top of the charts. he's in the top three. megyn: let me ask you whether it is some missteps that the candidate has made early on in his campaign. he's not a seasoned politician. and he has made some statement. he suggested that he wouldn't appoint muslims to his cabinet. then he backed off of that. he made some real missteps in talking about the middle east. then has been open about saying i have got to be honest. i didn't know that much about it. i'm studying up. i'm not a career politician but i'm honest and i can fix the job situation. to what extent does that play in here? >> he did make some missteps and a lot of us took him to task for it. but what we need in the white house is a good decision maker. the president has shown his inability to make decisions. if you have got a guy who can make good decisions you can study up on the issues and every president is backed up by experts in particular field whether it's energy or foreign policy. will he be the nominee? i don't know. but i'm an enthusiast about him because he make good decisions and he can communicate a message. megyn: back on the media coverage. under other circumstance he might be the darling of the media. he's come from a poor background and nottest, -- very modest. self-made man. he wound up become literally a rocket scientist and successful businessman. american dream. he is a person of color. why isn't he being embraced more, his narrative being embraced snore could it be as lars suggests some in the mainstream media think he's a conservative, i don't want to cover that. >> i don't think it's that they don't want to cover it. i want to see him on that platform. his 9-9-9 plan make we want to call 911. no conservative is going to be embracinged by us on the left. that's just politic. and to me i would agree with you, megyn, he is the american dream much like bill clinton or jimmy carter. i don't say that just because they are democrats. but the bottom line is when you say they don't take him seriously. he was serious. he himself said i'm here for comic relief. and he's pushing that book. people were saying is this guy serious or does he want to run to become a biggerificture for next time around. >> the best comparison is to sarah palin. if you put a d in front of sarah palin's name, successful politician, the "d"s would have loved. put an "r" in front of her name and she is evil incarnate. and they are doing the same thing to herman cain. >> . megyn: today brand-new sound from the final conversation dr. murray had with michael jackson, if you can call it conversation. >> [inaudible] egan. i'm getting new insurance. marjorie, you've had a policy with us for three years. it's been five years. five years. well, progressive gives megan discounts that you gs didn't. paperless, safe driver, and i get great service. meredith, what's shakin', bacon? they'll figure it out. getting you the discounts you deserve. now,that'sprogressive. call or click today. with advanced power, the 4g network makes everything faster-- smartphones, laptops, tablets, mobile hotspots. but not all 4g is created equal. among the major carriers, only verizon's 4g network is 100% lte, the gold standard of wireless technology. and while other carriers may have limited lte coverage, verizon is the largest lte network in america and ever-growing. with verizon 4g lte, stream shows and movies without buffering, and play multi-player games with no lag. watch live nfl games on thursday, sunday, and monday nights. video chat with no delay. download songs on rhapsody in just 4 seconds. and access thousands of apps. plus, come to any verizon store and choose from the largest selection of 4g lte devices anywhere. the most 4g lte coverage and access to the hottest content and thousands of apps. verizon is the nation's fastest and most reliable 4g network. verizon. built so you can rule the air. megyn: fox news alert. on the docket today in "kelly's court." the michael jackson casegainst his doctor. where just a short time ago prosecutors played a disturbing voicemail recording of michael jackson it many hard to understand what jackson was saying base what is slurring his words so badly. but this was record may 10, 2009 which was roughly sick week before the singer's death. we have a transcription what he's saying, then i'll play it for you and you can hear it for yourself. he says, my performances will be up there all helping my children and always be my dream. i love them, i love them because i didn't have a childhood. i feel their pain, i feel their hurt, i can deal with it, heal the world, we are the world whrub be there, the lost children, these are the songs i have written because i hurt. you know i hurt. here is the audio of that. you can listen and hear the slurred speech for yourself. >> i love them, i love them because i didn't have a childhood. i feel their pain, i feel their hurt. i can deal with it, heal the world. we are the world. the lost children. the strong i have written -- the songs i have written because i hurt. i hurt. megyn: joining me now to skits is legal analyst his we'll and mark eiglarsh. prosecution puts this on as further evidence -- i-understanding is that michael jackson was severely drug dependent. and this was the doctor providing him with those drugs, and was severely in need of constant supervision which they claim this doctor did not provide. >> absolutely. even a minimally competent doctor as concerned about his patient as was about his paycheck would have sent him to the hospital. what have gotten him into a full-time rehab program where people could have been looking over him for 24 hours. this is just ridiculous when you hear this. there is no way this man murray shouldn't have done something at that point to try to save his patient? why? because he was worried about his $150,000 a month, thank you very much. megyn: mark, it is not conrad murray's job as a personal physician to insure michael jackson doesn't have a drug dependency, is it? >> no, you will hear that from the defense. you will also hear conrad murray didn't start michael jackson's drug problem. it was years earlier. it was other doctors who got him hooked to certain medication. it was conrad murray who said i need to wean him off. and he said no more propofol. in that desperation, not receiving his needed sleep medication. that's when michael jackson according to the defense took the pills and also took the propofol. megyn: gave himself more than murray admits to giving him. >> murray doesn't want to wean him away. he didn't want to wean michael jackson off. why? if he weaned hip off completely, michael jackson wouldn't need him and the paychecks would stop. megyn: lis, they are parenting a picture of how much propofol conrad murray was ordering. >> he was ordering gallons of it going to his girlfriend in burbank. >> a compelling argument. and i would only say you haven't heard the defense case yet. there has got to be some explanation for it. megyn: i want to talk about what they did with the parade of murray's girlfriends yesterday. that's why i like glucerna shakes. they have slowly digestible carbs to help minimize blood sugar spikes, which can help lower a1c. 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[ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8. megyn: the prosecution yesterday spent -- they put four female witnesses plus one guy. all four of the women talking about how they were girlfriends of conrad murray for what purpose? >> to show murray had a very hectic life. that he wasn't paying enough attention to michael jackson. he was on the phone with one of them when michael jackson was dying. on the way to the hospital in the ambulance he called another one. he texted a third one while he was at the hospital. the third one he was in the ambulance with was the one who received all the propofol. why would they go to her apartment? you have got to think, murray is trying to hide something there. but the overall theme is, murray was busy juggling these girlfriends and didn't have the time. >> it sounds like lis is con seeked the true purpose is character assassination. that's what the defense is going to argue. megyn: the judge didn't let it come into evidence that they are girlfriends. >> it came in. we all knew of he is a guy with strong emotions. we know he was with these ladies, no question. megyn: the prosecution is trying to say he was distracted. he was focusing on these ladies including testimony like this one. listen. >> i was just talking. and the next thing it was like i said hello, hello. and i didn't hear anything. that's when i put the phone against my ear and i heard mumbling of voices. the sounds like the phone was in his pocket. and i heard coughing. and nobody answered. megyn: the prosecution is trying to show he should have been in that room and not talking to her. >> i don't disagree with anyone that he should have been in that room and not stepped out at all. they can find a window where they can show moij injected that fatal dose of proper follow with lorazepam, that's it. >> he did it without putting any fingers -- >> it's a weak argument. but no fingerprints, no michael jackson fingerprints. right here, baby. megyn: we'll be right back. 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