about unlimited on live doppler hd. we will move on to our exploritorium camera where you can see it is cloudy. not pretty cloudy, pretty clear with a few clouds. that will be the case. mid-50s to low 60s. headed to noon, mid-60s to mid-70s from the coast inland, and by 4:00, all of us below average, mid-60 at the coast and low 70s around the bay and nearly 80 inland. >> the bay bridge toll plaza shows the traffic is light. we had more cars in the far left hand lane. things have cleared out considerably and now school and back in session, traffic selling. at clayton, we have a failed crash with a sig-alert in effect with no traffic getting through, there will be detours in place as we slide into the altamont pass, 34 miles per hour, and 24 miles per hour leaving tracy. >> thank you, we have breaking news this morning. a marine has been killed and nine others have been hurt after their helicopter made a heartlanding at camp let jean in north carolina. the name of the dead marine is not released for 24 hours. we will continue to monitor the story and bring you new details as they come in and you can follow us on twitter@abc7newsbayarea. >> we are learning of the man accused in a bizarre kidnapping of a vallejo woman that police called a home the he is linked to other crimes against women years earlier. janet o is in the newsroom with more. >> f.b.i. report has more information about two home invasions that took place in the south bay. mull certificate a suspect in a 2009 home help vacation in palo alto and mountain view. details outlined revealed he drugged the victims and threatened rape. a victim had attended an event at harvard university organize by muller. mull are appeared in dublin court yesterday and his attorney demanding key evidence, a cell phone left behind at a dublin home invasion, be then out on a technicality. >> if you are sending without a warrant you have to make that search clean. >> the cell phone led authorities to muller and implicated him in the vallejo kidnapping according to the f.b.i. affidavit the 38-year-old confessed in an interview to kidnapping denise huskins and claimed he acted alone and suffered from side effect from a vaccine. >> happen now firefighters are watching a fast-moving wildfire that pumped sell hundred acres to lake county. it is estimated the fire has consumed 450 acres and is only 20 percent contained. it protect out at 3:00 yesterday away. firefighters were hopeful higher humidity would help with containment efforts. the red cross has established an evacuation center for resolution damages who leave their home. >> administrators are asking for help to replace computers and musical instruments and other items dapped in a fire at los gatos school complex. this is more than one fundraisers underway? matt? >> yes, the loma prieta community center is the meetup place here in the santa cruz mountains with a lot people and a lot of groups use it. a fence is keeping people out. there is a big effort to replace what was last. he are pictures from loma prieta foundation website and you can see how badly the fire damaged the builting between the loma prieta elementary school and the middle school in unincorporated los gatos. investigators say a 17-year-old boy and the friends were there to smoke marijuana and no one had any they decided to keep warm by lighting the box on fire. the remains were thrown into the garbage can and that led to the near. classes were canceled for the on students for the two schools on monday. community center is used by sift group including a senior group and theater in the mountain. the police had a substation and the rooms were used for music and art and dance classes. the foundation is raising money to help in rebuilding. insurance will help and more was lost including the musical instruments and sports uniforms and laptops and ipad and computers and other electronics and all the theater materials. a community restoring fund is set up with ally on our website at abc7news.com, and you can go there and click on that to get the details. >> a utah man faces charges for vandalizing the war memorial in danville in june, the 18-year-old jury road vance was arrested, he and another person used black and red spray paint to deface the memorial. >> the final suspect of a murder in a business has been captured last week. police say the surveillance video shows he and two other arms men terrorizing christopher wrenn last month before killing him. investigators have not revealed a motive the other men are suspects in two separate shootings last in. >> napa police are investigating a sexual assault that happened open college campus. a man grab add female inside a woman's restroom on the campus at lunch and the victim reported the assault to police. the attacker escaped but is described as white and 6' with jeans and dark colored hooded jacket. >> we will check on the breezy forecast with meteorologist mike nicco. >> good morning, everyone, we will look at the north where we are going to start with temperature in calistoga at 51 and the warmest in san rafael at 61 and vallejo is 62 and american canyon at 57 along with novato and napa at 56 and petaluma and mill valley and rohnert park 54 and santa rosa at 53. san ramon, good morning, at 60, and alameda and half moon bay at 61, and newark and redwood city and san carlos at 62, and lafayette and san francisco and san jose at 59 degrees. this is how it looks in walnut creek with the 59 degrees and clear conditions. this afternoon inland we are going to see the greatest amount of cooling like we did yesterday, at 76 in the north by to 82 inland east bay, and sunshine winning for the coast and san francisco and breezy at 64 to 68 and breezy around the bay at 70 to 76 in the south bay, well below average. speaking of the south bay, san jose is at 59 degrees, and near the shark tank, tomorrow, faster presses, a couple of degrees dealer and the quick turn around, anywhere from 5 to 10 degrees warmer on saturday and we keep warming into the 70s and 80s and 90s on sunday. i let you know if that will hold for the holiday on monday. >> we going to check out i-80 to see how things are moving through fairly. it is great up to the cordelia entrepreneur. i-80 into american can wherein and vallejo, no problems, and 680 across the benicia bridge is not a problem. as we look at highway four it is looking clear at martinez to hercules and i-88, no delays, as you medicine to the hoffman split into berkeley. drive time traffic 580 westbound, tracy to castro valley is 15 minutes and highway 85 to the san jose airport is 11 minutes and northbound 280 from highway one to san francisco is through daly city at ten minutes. >> you will not have to wait until this weekend to get labor day deals, the america's money report is next. >> special treat in store for visitors to san francisco's asian art museum and mcdonald's plans to serve breakfast around the clock and may not be so great and it could cost you whether you eat there are or not. are or not. stay tuned. [is the staying awake part...t challeng( gun shot )your day sleep train has your ticket to a better night's sleep. because when brands compete, you save during mattress price wars. and through labor day, save up to $400 on beautyrest and posturepedic. get interest-free financing until 2019 on tempur-pedic. plus, helpful advice from the sleep experts. but this special financing offer ends labor day at sleep train. ♪ sleep train ♪ your ticket to a better night's sleep ♪ >> fremont, palo alto, north bay, and all the bay area, this is abc7 news. >> china is show off the military mite today with a gigantic parade through the heart of capital with a massive procession of tamps and missiles and troops working through beijing commemorting japan's world war ii defeat from seven decades ago. the display comes as the chinese president scaled back the 2.3 million people's liberation army to two million say the technology reduces the need for additional troops. it will still remain the largest standing military in the world. >> when a large ship sails in or out of a bay a bar pilot is at controls and they make an average of $450,000 each last year and now they are asking for a raise that would up their pay to 500,000. our reporter sergio quintana has the story. >> the labor dispute at port of oakland cut into revenue for everyone involved including the bar pilots who steer the large ships into the bay. >> the captain said brief shut down is a republican why they are asking for a rate hike but the company said the bar pilots are already the highest paid in the west coast for working only two weeks out of each month. >> they have a great job. each them is important and we are willing to pay them a lot of money to do it well. but that does not mean you get a $50,000 bump in pay because you want one. >> according to figures from the pacific merchant shipping association the average pay per pilot in san francisco bay last year was $450,000 a year. that is more than what they make in seattle, los angeles, and long beach. they say the san francisco bar pilots have gotten every rate hike they have asked for since 2006 but in 2007 when the ship slammed into the bay bridge they were under close scrutiny. they expect the pilots to actually make more money with the existing rates. >> each ship pays base on size. a ship gets lapper and they will keep getting larger, they will get paid more. >> rate hike has to be approved by the state. a vote on the hike is expected early next week. >> art is coming to live at san francisco's asian art museum. jap fees and china ink drawings are made interest animation and projected into walls part of the bet of the museum acquisition in 15 years. >> can you look at choose california paymenting and feel moved but this is a different feeling that happens with the technology-based works, an immediacy that is fresh and new and innovate i. >> other bars of the exhibit put a contemporary spin on land scales in nature running until october 11. >> really cool. >> now a look at the weather forecast. we will find small branches in the streets? >> from the wind? >> yes, with tree limbs in the streets. that will continue today and tomorrow. now the rainfall deficit speaking of stress, since 2011 you can see we have color coded the state and the key is on left side, we are in the second to your right in the year to year and a half is how of rain we are missing since 2011. that goes from us all the way to the sierra and you can see she gets near fresno and bakers field to los angeles and you start to get into two-plus range and we would have to have double the amount of our normal rain the next year to year and a half to make up for that and that does not happen for us. san rafael and mainly clear this morning and temperature is 60 degrees. grab the sunglasses. hold on to the hats today. we will have a lot sunshine and breezy conditions. it will bring us cooler weather and maybe 40's so if you like to sleep with the witnesses open you may need an extra blanket and it will be at this weekend. right now, look at the winds 18 at sfo, and oakland is 15, and hayward is ten, and fairfield is 15, and they are going to be faster. south of bay bridge, across the san mateo bridge and the dumbarton bridge, we are going to have the gusts between 11 o'clock this morning and 9:00 this evening, up around 21 to 33 notes. it will be breezy elsewhere, the same timeframe, we are easy around 15- to 20-miles per hour winds and just about everywhere but around santa resolution and along the coast especially around point raise we could be up to 30 miles per hour before they pull become. mid-70s in the south bay tomorrow at 75 in santa clara and san jose and milpitas and upper 70s in los gatos and gilroy. low-to-mid 70s from 70 at millbrae to 75 at redwood city and los altos and mount pain view and mid-60s, and sunset is 65, and downtown not much warmer at 68 and south san francisco, sausalito in the upper 60. mid-to-upper 70s through most of the north bay, and santa rosa low-to-mid 80s and east bay shore, low-to-mid 70s and inland, upper 70s to low 80s. my seven-day forecast shows north by valleys above 50, and the rest of us are in the my 50s to federally 60 with limited cloud cover and tomorrow, faster freezes and cooler conditions but look at sunday and monday, mid-70s at the coasts upper 80's away the bay and mid-90s inland. >> you know how breezy it is i am surprised we do not have c.h.p. warnings on the bay bridges. so far, so good. as you cross over the water you are not inhadded an empty san jose, 101, pulling away from the nimitz freeway if you make it up to the san jose airplane, you are look at clear conditions. accident free. the entire south bay area shows slowing over the altamont pass. that will be a hotspot. on the peninsula, clear conditions and at top speed at 65 miles per hour along 101 and between san mateo into burlingame if you have a flight at sfo and southbound direction no delays and 280 we are in good shape. now a look at mass transit, we have bart run on time and muni has no delayed, and ace train is rolling at full steam ahead. >> starting next month, mcdonald's will serve all day breakfast but not everyone is loving it of the analysts say the offer could make america's egg shortage worse. restaurants across the united states are struggling to get enough eggs after the bird flu virus wiped out millions of chickens. mcdonald's all day breakfast could mean higher prices for other businesses and consumers. >> stocks are expected to open higher after a late surge on wall street. >> here is america's money. >> good morning, topping america's money the search for momentum with the dow adding 293 points yesterday. nasdaq claimed nearly 114 points and the s&p 500 was up 35. >> the rally was fueled by good news on jobs and markets if asia and europe trading higher. >> labor day discounts are as good as black friday but according to experts, do not buy gas grills and televisions with prices dropping more in the come month. do buy apply ans and cars and mattresses. >> you taco bell is replacing the shell with...fried chicken, naked crispy chicken taco. >> in need for meat because you are holding the meat much it is only available at two taco bell locations in central california. >> that is american's money. >> it and 5:20 and we are three months away from debut of new star wars but super fans are counting down and disney is rolling out new star wars toys to promote the new film that are available on the west coast starting at midnight but in some places it is already friday. this video shows excited fans getting their hands on the light saver and lego version of the falcon opening at midnight to accommodate fans. disney is the parent company of disney is the parent company of abc7 news. >> a motorcycle club comes to the rescue of a central california boy bullied at school. >> use get your day in gear keep on top of weather and traffic with a look at the bay bridge toll plaza which is stacking up. toll plaza which is stacking up. by can it will be really stacked aha! oof! weee! slurp. mmmmmm. cinnamon. milk. cinna-milk. cinnamon toast crunch. crunch! crave those crazy squares. cinna-milk! okay! fun's over. aw. aw. ♪ thirsty? they said it would make me cool. they don't sound cool to me. guess not. you got to stick up for yourself, like with the name your price tool. people tell us their budget, not the other way around. aren't you lactose intolerant? this isn't lactose. it's milk. ♪ >> here are seven things to know before you go. breaking news out of camp let jean -- camp legeune marine was killed during a hard landing and nine were injured. there is no word on what caused the heartlanding. >> fires hope higher humidity will help fight a 450-acre blaze in lake county that is only 20 percent contained. firefighters are being called in from around the state to fight the fire. >> as we look guard the eastern span of the bay bridge can you see the traffic is flowing but we are seeing a buildup but we do not have any accidents on major roads but we do have marsh creek road closed off in clayton with details ahead. >> testing on new road signs on the most congested freeway in the bay area begins today. the signs alert drivers on interstate 80 to accidents and congestion before drivers get stuck in traffic. amy hollyfield will explain how they work in a few minutes. >> the big story is the wind and cooler conditions they are bringing with temperatures two to seven degrees below average. that is not the coolest day to week. i do have the summer heat for the weekend with roller coaster of temperatures ahead. >> san jose mayor liccardo will gin other leaders to push for a higher minimum wage. san jose and seven other cities are joining forces to advocate a higher wage for workers to address the gap between the rich and the poor. >> s.a.t. stores are at the lowest point since 2005 when the test was last overhauled. the average score for the class of 2015 was 1,4950 out of the 2,400. a new version of the s.a.t. test is out in march making the essay optional, with fewer vocabulary and bring perfect store back down to 1,600. >> a 12-year-old boy who was bullied at school got a special escort, members of the sons of thunder christian motorcycle clubbed stepped in. his grandmother said he was pete up and didn't want to go pack to school. a family friend organized the biker escort and one of the bakers said it is a moment he will never forget. >> he got on and it was a death grip, and then he eased up on it but i knew that this probably was the highlight of his year or his life. >> the club said they wanted alec to know he was not alone and all the keith mates cleared when he arrived. >> an alleged crime spree unveiled "the gone girl case," and how the same suspect is accused of terrorizing women on the peninsula. >> a fire guts a community center if los gatos and how you can make a difference for students at two schools that use the facility. >> and a look outside at the embarcadero in san francisco you can see the ferry building outlined with clouds and keeping weather and traffic up during the break. [female announcer] when you see this truck... it means another neighbor is going to sleep better tonight. because they went to sleep train's ticket to tempur-pedic event. through labor day, save up to $500 on select tempur-pedic sets. plus, get up to four years interest-free financing. sleep risk-free with sleep train's 100-day money back guarantee. and of course, free same-day delivery! are you next? but don't wait! sleep train's ticket to tempur-pedic is ending soon! ♪ your ticket to a better night's sleep ♪ live from the kgo-tv broadcast center this is abc7 news. >> good thursday morning it is now 5:28. i am kristen sze. >> i am eric thomas. you pay have her a freeze is blowing through the neighborhood but that is because of the weather. >> it was noisy for some of us laugh night. that is the breeze will bring us cooler weather today. we have cloud cover along the peninsula coast and maybe a little mist hanging out there but mostly you can see it is clear from our roof camera. you can see the flag, yes, it is unfurled on the exploritorium. our 12-hour day planner is 64 to 74 at anyone with total sunshine and 64 to barely 80 from the coast inland with faster breezes at 4:00. grab a coat. you will need it. most of us in the 60s by 7:00. first check of traffic. leyla? >> as we take a look at 5:29 you can see the traffic is looking heavier as it pushes in from 680 to highway 24 through walnut creek and as you make it through pleasant hill you are running along at top speed and only at nine minutes to get between highway 4 and highway 24. when you get there, you can see 74 miles per hour through lafayette and orinda and the area shaded in white is an indication of cloud cover, with no fog to impede visibility. those are the gusty winds but there is in high wind watching and everything is running on 13 through piedmont and 580 in oakland and 880 to the bay bridge toll plaza move without a hitch. >> there has been a deadly marine corps accident at north carolina camp legeune and janet has the details. >> marine has been killed and nine injured when a helicopter made a hard landing at camp lejeune in north carolina overknit. the chinook helicopter was on a training exercise weapon it went down. a spokesperson said the name of the dead marine will not be released for 24 hours. year, to soldiers were injured after a military helicopter went down in a remote area of colorado. their injuries are not expected to be life threatening. the blackhawk helicopter made a hard landing during training, as well. there were four members open board and they are based out of the port carson army base near colorado junes much this is the latest in a string of accidents for camp legeune. this march, seven marines were killed in a crash 50 of -- crash off of florida. >> this morning, caltrain will test out new electronic signs installed on interstate 80 to give drivers information and keep traffic flowing. amy hollyfield is in emeryville and berkeley with the story. >> you have heard of a life coach now you have a traffic coach in the signs placed above interstate 80. they are not on yet but we do have an early look at them. look a this video of officials testing the signs. the signs will figure out what is happening down the road and give you a heads up. the idea is to help make your commute more efficient and safer. you will have recommended speed limits and lanes to avoid so it is managing the situation and trying to improve it. >> for example, there are 44 on-ramps along the corridor that have adaptive ramp metering and that will talk to censors along the main line and manage the traffic flow of traffic merging on to the main >> this corridor is the busiest in the bay area. officials hope this will ease congestion on interstate 80. they need to do testing. the signs are not turned on until later this year. they land to demonstrate them this morning. >> a fast-moving fire as burned hundreds of acres of wooded terrain in lake county. the blazer returned yesterday afternoon north of upper lake and burned 450 acres. it is only 20 percent contained. the video shows trees turning into match sticks off elk mountain. no structures have been destroyed. evacuations were ordered for several streets. they were lift add short time later. we expect new numbers when we get an update from cal fire in an hour. >> a los gatos fire caused a million dollars in damage at a local school and $1 million in items were destroyed including musical instruments. the community center was shared by self groups including loma prieta elementary and c.t. english middle school. a 17-year-old accidentally started it after setting a car board box on fire to stay warm. we have posted the information on our website at abc7news.com to help out. >> new details surrounding a vallejo kidnapping that was thought a hoax at one time. prosecutors charged mathew muller with kidnapping denise huskins in march. he was tracked down using information from a cell phone he left behind during an attempted home invasion in dublin. his lawyer wants the judge to they out the physical evidence from the investigation saying it was found through an illegal search of muller's cell phone. if the evidence is thrown out, the feds may have another card to play in building their case in the vallejo kidnapping. muller allegedly confessed during an interview with a reporter recorded by the jail. both sides are back in court september 16. >> san francisco judge is deciding whether to schedule a murder trial for the map charged with killing a bay area woman on pier 14. a preliminary hearing is set to resume today. francisco sanchez admitted firing the shot that killed kate steinle in july. he said it was an accident. he claims he found the gun beneath a bench and it fired accidentally. francisco sanchez is a mexican national deported five times before the shooting. >> bart police want a union city man to face family the murder charges after shooting himself during a confrontation at the west oakland bart station. corey powell is on the ground while two officers tended to him. he threatened to jump in front of a stain when police told him to put out a cigarette. he was tazed and he pulled out a gun and shot himself in the stomach. high is in critical condition. >> there is not a ban on >> there is not a ban on short-term renters in complaints of noise and parking. a new hearing is set october 21. now a check on the weather. mike? >> a short-term rental on the cooler weeks ago as summer comes back for the weekend. it is going to be cool when mount diabolo it is 53 and we have cooler conditions blackhawk and antioch waking up to the cooler temperatures and lower elevations at 58 and everyone else is around 60 to 62 degrees until pittsburg at 64. and brentwood at 65 and livermore at 63 and 59 in san jose. los gatos is cooler at 56 and 59 here in san francisco and novato at 55 and napa is 57 and vallejo is 58 and santa rosa is 53. across the golden gate bridge, west wind at 15 miles per hour and temperature of 60 under clouds. san francisco has sunshine topping out at 68 and the peninsula if the east bay is our warmest at 65 and south bay topping out at 76 and barely reaching 81 inland. fingers crossed the clear sky will hold through the morning hours and we will not have any delays at sfo where it is cloudy and 61. cooler with faster breezes tomorrow and a couple degrees cooler. a subject of warmth, 70s and 80s and 90 by sunday. i will look at monday and warm weather next week. >> no headaches as you travel through the south bay. at look at san jose, the drive along 280, we have 880 and highway 17 in the background and southbound traffic is moving along not too many cars. between highway 101 to cupertino it will only take you 12 minutes. an excellent start to the morning moving to the bay bridge toll plaza metering lights are turned on and stacked and packed away from the macarthur maze and the drive headed into san francisco will take you approximatelily 14 minutes. we will see how that taxes on in the thick of the commute. we have a stalled car on southbound 880 as a street causing treasure through castro valley and along 238 with slow-and-go volume building beyond highway moot and drive time traffic, 101 in the north bay, only 14 minutes. 580 castro valley to oakland, 14 minutes. 101 in the south bay you saw how clear it was at only 16 minutes. >> bay area animal sanctuary is overwhelmed by a mystery at local benches with a growing number of starving sea birds. >> same-sex marriage showdown with the nation watching and what could happen to a kentucky court clerk would refuses to issue same-sex marriage issue same-sex marriage licenses. issue same-sex marriage licenses. ♪ ♪ it took serena williams years to master the two handed backhand. but only one shot to master the chase mobile app. technology designed for you. so you can easily master the way you bank. [female announcer] through labosave up to $400 onin's beautyrest and posturepedic. get interest-free financing until 2019 on tempur-pedic. but this special financing offer ends labor day at sleep train. >> walnut creek, burlingame, campbell and all the bay area, this is abc7 news. >> good morning, at 5:41 on thursday. a look outside you can see the flag there on top of pier 14 blowing around a little bit with the winds that eric thomas and mike have been talking about this morning in the bay area? this is a cool day and meteorologist mike nicco has the forecast. >> the showdown over a kentucky county clerk decision not to issue marriage licenses to gay couples miles into a federal courtroom today. kim davis is exercising her right to religious freezing by refusing licenses to same-sex couples and could be held in contempt of court and be jailed depending on what a federal judge decides. protests have been growing in front of the clerk's office over her decision. >> if we go to another county we are saying skit okay to discriminate and we cannot do that. >> davis has been criticized for hypocrisy after it was revealed she has been married four tim >> instagram is acting strange around the world. it is not working properly for everyone. instagram tweeted it is working to fix the problem. it is not clear what the issue is. reports from users around the world mention pictures not loading and pages not refreshing. >> a san francisco elementary school has earned the distinction of being the first to adopt gender neutral bathrooms. the path troops for kindergarten and 1st grade will for longer be for just boys and just girls at loma prieta. they began removing signs at the start of the year to agency more than a handful of students who did not fit traditional gender norms. >> former oakland raiders head coach is sure the team will call los angeles the new home in 2016. gruden is an analyst with espn and said yesterday that he has sources would say the move is inevitable. he called southern california a great place for football team whether it is the raiders, chargingers or rams. gruden was head coach from 1998 to 2001. >> the worse annual back-to-school in the bay initiative tips off today. >> they land to host five events at local schools during september the first started at 6:15 this evening at sunset elementary school in san francisco. the goal is to raise awareness of response of education. >> it is incredibly important. particularly when you are a meteorologist and you predict the weather. >> trying to predifficult the unpredictable. this is what we can expect during an afternoon san jose september 82 and 58 the highs and lows we drop to 79 and 55. we buck the trend of oakland in san francisco where this is the warmest. 106 to 35 and not much rainfall, we have had .2" to 2" of the san rafael is 59. under clear skies. south on 101, dry air is rolling in. that will bring sunshine. the breeze is bringing the dry air in. bringing in cooler air mass. you are going to fill it in the next couple of months especially when we drop to the upper 40s. summer run in the afternoon hour with real warmth. right now the winds are light. oakland is 15, concord is 14, and hayward is 10 and 15 in fairly and san jose is barely a breeze at three miles per hour but it will pick up south of the bay bridge cross san mateo bridge and dumbarton bridge at 11 o'clock heading out at noon and through the evening commute it will be running perpendicular to you. mid-to-upper 70s with the wind off the cool bay water. upper 70s in los gatos and gilroy and 75 is the popular number in milpitas, redwood city , and los altos. >> half moon bay is the warm spot at 66, in the upper 60's downtown and san francisco and sausalito and not so breezy across the authority bay as yesterday. santa rosa is up to 80 degrees and berkeley and richmond at 71, and oakland at 72. and castro valley is 76 moving inland, upper 70s to low 88 from san ramon at 77 to antioch at young and brentwood is 82 and livermore is 80. tonight, 51 at santa rosa and napa with cloud cover along the peninsula coast, and rest of us in the mid-to-upper 50s and the reason why you are getting deeper and deeper into the cooler air mass and we are going to stay below average and breezy through tomorrow and the winds on saturday let up and the temperature eases up but in the 70s at the coast, and 80s around the bay and 90 inland from sunday through tuesday. >> here is the richmond-san rafael toll plaza and a beautiful commute across the water to the north bay where no delays. five minutes across to the not bay on 580. the lower deck is clear into richmond. before you get there, you could see a little bit of volume willing but you say what the volume looked like not too much, just a few tars trickling in. westbound i-80 at 62 miles per hour. through berkeley. at the macarthur maze you will find delays. metering lights are on. 12 miles per hour headed to the toll plaza. heading back over to the sig-alert. marsh creek road, that is where we have a sig-alert. some cars are getting law and you are urged to use detours and this is because of an early fatal collision. we do not know when the roads will re-open. it is an active scene and we will take a quick look at the transbay tube closing down with more details ahead. >> a big search is under way in a florida community for a big snake. a king cobra slithers away and people could be if harm's way. it escaped from the cage in orlando on tuesday and the owner reported the snake missing to the state fish and wildlife. they are poisonous and can deliver a fail bite in as quickly as 30 minutes. >> an australian ship is more comfortable this morning after he got an epic hair cut. officials say the sheep was so woolly from living in the wild for several years that the life was in danger. the wool was removed, 88 pounds and animal we officials say he was pour to five times the normal side before he got the much need hair cut. here he is now, and the pink stain is okay, it is spray for anesthesia. he is now living a healthier life because he could barely walk and having trouble going to the bathroom and with the weight off he is doing much better. i know you are wondering about the wool, it will be headed to a museum. >> 8 pounds. -- 88 pounds. >> upgraded meals coming to some schools and what is making it possible without costing parents. >> they save a man from oncoming train and the honor two lovers getting -- police officers getting. getting. and around the >> the abc7 news app on the go on your schedule. >> welcome back, arby's is apologizing when a worker refused to serve food to an on duty police sergeant because she is an officer. the clerk told the sergeant martin he did not want to sell her a sandwich and the manager intervened and martin got food she was not comfortable eating it. arby's apologized to the department calling the incident "isolated." year, a protest was organized outside the restaurant by wives of police officers in the community. >> happening today, the caltrain board will honor two sheriff deputies and the security guard for their heroic efforts. >> dal. thompson was patrolling when authorities say he prevent add suicide attempt and necessity made headline after they say the driver of a stalled car was sended from a train. the ceremony is at 10:00 a.m. in san carlos. locals including united states representative jackie speier are expected to attend. >> students head back-to-school and we are saluting the crossing guards where you live. hubert j. lee has been a crossing guard pore 19 areas and in oakland resident since 1973 and retired from a job with the federal government. each day he is stationed at 35th avenue and the kids from laurel elementary and the men indian school and skyline high school get to school safely thanks to hubert we would love to meet the crossing guard where live by sending us a picture. include their name and the school or schools they cover. >> salute to the crossing guards andcies are going to school should not face hazards from the weather. >> just breezy and cooler this morning. >> good morning, everyone, look a roller coaster, as we say goodbye to summer we will have 70s at half moon bay. saturday and sunday and monday. the water temperature is going to be dropping as we have a northwest wind the next couple of days. we will not be so warm. 69 in monday dry with sunshine and low-to-mid 80s in chico and yosemite and mid-to-upper 70s around san diego and los angeles with afternoon sunshine. leyla? we will look at the bay bridge toll plaza and we have plenty of company and nice opportunity to make a friend or two as you make it into san francisco, so, right now, 14 machines between the macarthur maze into the city and nows we are beginning to take you to the north bay where travels along 101 could not be better and we are seeing a little bit of slowing with a lost construction happening at the highway and when you are beyond that you are at top speeds into novato into marinwood and san rafael and over the golden gate bridge. >> an alarming number of dead or dying sea birds washing up on bay area beaches, because filibuster are diving deeper for food because of warming water. wrong birds can not dive that deep and they are stabbing to death. officials say many of the birds are washing up in the marin head lands. tesla c.e.o. elon musk said the long awaited model three will be unveiled next march. he said our model three, our smaller and lower with cost sedan will start production in two years fully operational factory needed. a few have been spotted taking test drivers. he said the car will sell for about $35,000 and pre-orders start after the patch unveiling. >> around east play chicken is waiting for adoption after the eventful day. leyla was talking about this yesterday morning and a viewer tweeted this photo of the chicken standing in the middle of traffic at the bay bridge toll plaza. it could have been hot water. a short time later, the highway patrol indicate the chicken but not before it caused extensive traffic delays for thousands of drivers. >> "fouled up," the commute. >> here is the children at the animal shelter there is a twitter account for the brick -- bridge chicken and is getting along with two others. >> maybe it just wants to be dinner. >> this could be the photo bomb to end all, freewayly baby whale makes a splash when he photo becauses the connecticut governor during a news conference at an aquarium. the governor was talking about tourism in the state when juno was determined to steal the limelight. it is then for entertaining the visitors with his antics. this was an academy award millionance. ait will get a contract from the chamber of exercise >> how to determine if your child is one of three million diagnosed with adh . >> ronald hurricane donald bust as move and the chance is going viral this morning. viral this morning. >> stay tuned. it's a good looking car. ? this is the model rear end event. the model year end sales event. it's year end! it's the rear end event. year end, rear end, check it out. talk about turbocharging my engine. you're gorgeous. what kind of car do you like? new, or many miles on it? the volkswagen model year end sales event ends on labor day. so hurry in to your local volkswagen dealer today. live from the kgo-tv broadcast center this is abc7 news. breaking news at 6:00, a deadly crash landing at a north carolina military base. a marine is killed. nine are hurt. what we are learning right now. >> a call for help to the community in los gatos. what can you do to keep two schools running after the fire gutted the community center they share. >> east bay drivers pay attention with new signs being tested on i-80 and how they will help the commute. >> it is now 6:00. it is thursday. i am kristen sze. >> i am eric thomas. we will check on weather and the breezy forecast. mike? >> it will be final to hold on the hats and the steering wheel across the bridges as the frees pick up and run perpendicular. dry air is rolling in. we have a few clouds. no fog. this is as extensive as the cloud deck is long the east bay shoreline from exploritorium camera. we are in the mid-50s to low 60s under clouds and sunny condition and the lower humidity means sunshine by noon and the temperatures are mid-to-upper 60s to low-to-mid
20% contained moving in a northeast direction. >> pam :described the area affected for those not familiar--describe >>:is a smaller community and it backs up to the forest. lots of brush and timber >> pam :no buildings are threatened at this time? >>:correct. red cross is working with any individual circles >> pam :any idea how it started and you have any concerns as they headed to the late hours? >>:weather conditions have turned to the favorite son of the--favors of the firefighters, winds ahve subsided, etc >> pam :there have been a number of fires in lake county and to an untrained observer it may seem like there is a fire and blood on loose, is that a possibility or is there a reasonable explanation? >>:lake county is notorious for having driving--dry fuel >> pam :thank you for joining us tonight. that fire is 20 percent contained at this hour >> pam :there is finally a chance for justice for sierra lamar. at long last a trial date has been set today, the santa clara county district attorney confirmed, the man suspected in the 15-year girl's murder back in 2012 -- will stand trial. tonight, kron four's philippe djegal spoke with sierra's father, who reacts to the day's developments. >> phillipe :steve lamar says though so much time has passed since his daughter's disappearance, he never feared antolin garcia-torres would not stand trial for his daugter's murder. >> : "oh, no. i wasn't concerned -- no." >> phillipe :and, says he's relieved to know now that the trial is set to start next year on april 25th. >> : "we were forewarned by the da's office that it would be a long haul and it still will be but every little step like this helps." >> phillipe :up until earlier this year volunteers had organized searches in morgan hill since sierra went missing in march 2012. despite her remains not being found, the santa clara county district attorney's office says forensic evidence found in garcia-torres' car links him to sierra's murder. prosecutors are seeking the death penalty. >> : "is there any hope she may still be alive? yea, i always keep that hope. the whole family -- we're always keeping that hope, so that's not gonna go away until we have concrete proof. so, its gonna be a tough, tough haul. so, i'm not looking forward to that part, but i am looking forward to getting some justice for sierra. do, that's the important thing." >> phillipe :philippe djegal, kron four news. >> pam :it has been a long, painful road for sierra lamar's family, friends, searchers, and supporters. grant lodes explains the major events. that led up to this point. >> grant :we have to go back to march 16th of 2012 when she did not show up to school after leading for the blast and was reported missing. there were disturbing significant clues like her cellphone and her clothes found on the route to the bus stopped. the suspect was arrested on may 22nd and dna evidence allegedly linking him to sierra the court process was painfully snow for the next two years, and in february of 2014 he pleads not guilty and today a judge sets the trial date of next april 25th, it will be almost five years after he was first arrested >> pam :to stay up to date with the sierra lamar case, and all your bay area news, be sure to download the kron 4 mobile app. it's free to download from the apple store. the man who the f-b-i says, is behind a bay area kidnapping. was in court today. and the defense attorneys want a key piece of evidence out. matthew muller is connected to the vallejo kidnapping of denise huskins. and a home invasion case in dublin. in court. his attorney argued that muller's cell phone. considered a vital part of the investigation. should 'not' be presented as evidence. he claims, authorities did not get a search warrant before getting information from muller's phone. >>:if you are going to search something without a warrant you have to make that search clean. it has got to be a search that if it is want less it better be good in every other respect-- warrant-less >> pam : tomorrow officers from the dublin police department say a victim in the dublin home invasion case found muller's phone on a counter and gave it to them shortly after police arrived. officers then dialed 911 from that phone to immediately get the numbersomething that is now the focal point in the case against matthew muller. you can see the burglars ransacking the home and ripping down the security cameras. police say the thieves whose faces were captured on camera will help them track down both suspects >>: because of this video is going to make it easier for us and the other officers can see this and say that they might know who it is and i can trigger a starting point for the starting >> pam :investigators told kron 4 news that they may know who is involved a restaurant worker refuses to serve a police officer. because of her job. we'll tell you what happened next. kate steinle's family. blasting the officials and demanding accountability over her killing on a san francisco pier. hey terry stop! they have a special! so, what did you guys think of the test drive? i love the jetta. but what about a deal? terry, stop! it's quite alright... you know what? we want to make a deal with you. we're twins, so could you give us two for the price of one? come on, give us a deal. look at how old i am. do you come here often? he works here, terry! you work here, right? yes... ok let's get to the point. we're going to take the deal. the volkswagen model year end sales event ends on labor day. so hurry in to your local volkswagen dealer today. looks like you left these two west coast birds behind! foster farm's chicken's california grown. you guys aren't from here. well do we get points for trying?! fresh and natural chicken. california grown with no added hormones. from foster farms. simply better. >> pam :new at 11. the family of pier- 14 shooting victim. kate steinle. is speaking out about her death. officials arrested undocumented immigrant francisco lopez - sanchez. on suspicion of shooting steinle. todays talks with the family, come the day after they filed a lawsuit against san francisco sheriff ross mirkarimi and his department. along with two other federal agencies. immigration and the bureau of land management. steinle's brother says, the negligence of these agencies. led to here killing in july. >> grant :up to this point nobody has taken responsibility and nobody is being held accountable. the federal agencies and the city of san francisco have all pointed fingers at one another, blaming the other person or the other agency on her death. >> pam :the suspect is a convicted felon. who has already been deported five times. just ahead. an airline listed as worst in the world for service. where no pictures are allowed. or you could lose your camera. burglars hit a business in mountain view. taking thousands of dollars worth of property. details ahead. >> gary :coming up a little bit later in this broadcast to the giants and the dodgers highlights are coming out. and we had a historic day at the coliseum >> diane : a windy day for tomorrow with cooler temperatures. a luncheon of the wind will affect your holiday weekend--i will let you know if the wind take a look at these bbq best cracked pepper sauce... most ribs eaten while calf roping... yep, greatness deserves recognition. you got any trophies, cowboy? ♪ whoomp there it is uh, yeah... well, uh, well there's this one. best insurance mobile app? yeah, two years in a row. well i'll be... does that thing just follow you around? like a little puppy! the award-winning geico app. download it today. >> pam :we have more information regardnig a story we first brought to you last night. the bart police department is defending its actions, after a union city man shot himself at a bart station in oakland. the man was taken to a hospital and at last report. is critical but stable condition. the story. >> charles :this is video taken with a cell phone showing the moments after 28-year-old corey powell of union city is believed to have shot himself at the west oakland bart station on tuesday evening. according to bart police, two officers approached powell, who was illegally smoking a cigarette on the platform, and tried to issue him a citation. powell then allegedly became combative with the officers and at one point tried to jump off the platform to the sidewalk below. the officers tried to restrain him and during the struggle police say powell reached for a gun hidden in his waistband and shot himself in the stomach. he then dropped the weapon on the platform. the officers did manage to taze powell but that didn't stop the confrontation. >>:the person falls to the ground, he starts reaching for the weapon that's on the ground, the officers pull him away from the weapon and he's screaming that you shot me. saying that the officers shot him, which is not true. >> charles :bart police now says that after reviewing video of the incident, including video from body cameras worn by the two officers and talking to witnesses they are confident neither officer fired a gun or even un-holstered their weapons. >> : their guns were never drawn, tested per protocol bullets counted. one shot, one bullet, one weapon all belonging to the suspect. >> charles :following the shooting, powell was transported to highland hospital and wednesday evening was listed in critical but stable condition. bart police say that because he attempted to reach for the gun after it was dropped, he could face an attempted murder charge. >> pam :new tonight at 11. mountain view police are asking for the public's help--- identifying two robbery suspects. this is video of the two male suspects who took more than 7- thousand dollars in property. from a business in the 400 block of north whisman road. police say the suspects took several items, including computers and computer monitors. anyone with information is asked to call mountain view police. happening now. officials are fogging parts of the south bay and the peninsula. after several mosquitoes tested positive for west nile virus. the infected mosquitoes were found in san jose, mountain view, los altos, and los altos hills. fogging is taking place from now until 4 a-m. officials say, residents should avoid going outside. and should keep windows closed to minimize exposure to the pesticide. -and we had cooler temperatures this afternoon but now we will have cooler upper 50s for a good portion of the inland valley and the south bay and the north bay as well. what we're dealing with here is a cooling trend because we have no right in the forecast we just have a weather system that is pushing all blow clouds in place and picking up our would squeeze--wind speeds quite a bit by 5:00 a.m. you can see all of the san francisco peninsula area and even across the heyward parts of livermore could get some light fog as we transition to around noontime the fog should burn off giving plenty of chance for sunshine but will not get as warm as it has been for the past couple of days we're in the upper 80s, but now we're looking at upper '70's san francisco and a lot of the peninsula stay at the upper '70's--60;s clear skies and then temperatures jumping from 78 on friday to 88 on sunday >> pam :in national news. a police officer in south florida is *denied a meal. simply because she is an officer. according to an incident report, the manager told the pembroke pines officer, that the drive- thru worker did not want to serve her because she was an officer. a manager eventually gave the officer her food. but the officer said, she no longer felt comfortable eating it. after hearing the news, several protestors gathered in front of the arby's resturant. >>:how can you refuse service to somebody that you call when there's a problem? >> pam :arby's chief executive officer contacted the pembroke pines police department and apologized. if you are caught snapping a photogph on this airline. a flight attendant might take the camera and delete that picture. a no- photography rule. is just one of the many reasons why 'air koryo' has been named "the world's worst airline", *again. for the fourth straight year, north korea's airline. air koryo. is the only airline to receive one star on a recent report by sky- trax. other weaknesses. flight attendants not being able to speak foreign languages and cooling systems dripping on passengers. the ratings are based on service. not safety. in sports. five-time super bowl winner eddie debartolo. is a finalist for canton. . and a side of bruce bochy you rarely see. gary will show you the call that got him angry. and ejected for the second straight game. that's coming up this is the dawn of an old day. because at&t and directv are offering yesterday's technology, today. tv from space. [whispered] space as long as it's not too rainy. [whispered] rainy or windy. [whispered] windy or there isn't a branch in the way. [whispered] branchy welcome to the moment no one's been waiting for. the fastest internet and the best tv experience is already here with x1. only from xfinity. >> gary :klayton kershaw. the boss tonight in los angeles. alex trebek of jeapordy fame at dodger stadium bottom 2nd/ scoreless carl crawford doubles off mike leake to the wall in left- center angel pagan bobbles it justin turner scores all the was from 1st on the error 1-0 dodgers but in the bottom of the 6th pagan makes amends singling off clayton kershaw kelby tomlinson scores 1-1 tie but one batter after pagan made a great catch against the wall chase utley solo home run off leake 2-1 dodgers top 7th/ 2-1 dodgers kershaw almost untouchable strikes out matt duffy bur here was the strike out giants fans are talking about brandon belt barely checks his swing but 3rd base umpire mike winters calls him out and look at bruce bochy winters ejected him last night after a questionable strike call bochy is ejected again top 9th giants with 2 on but kershaw strikes out marlon byrd to end the game 6 hitter and 15 strike outs for kershaw final: 2-1 dodgers kershaw: career-high-tying 132 pitches giants now 6 ½ games behind the dodgers in the n.l. west and 6 ½ games behind the cubs for the 2nd wild card spot a's / angels a's taking on the angels at the coliseum this afternoon sonny gray on the hill, worst outing since september 2nd of last year top 1st / 3-0 angels david freese slaps a single to deep right, david murphy scores angels score four runs in the 1st bottom 1st / 4-1 angels. albert pujols and the angels offense took over top 2nd / 4-3 angels albert pujols hits a two-run bomb to left-center, puts the angels up 6-3 his 555th career homerun final: 9-4 angels pujols becomes 4th player to have ten 35-homer seasons in their first 15 years. a's open a series with the mariners the day after tomorrow former owner of the 49ers, edward debartolo jr. is a finalist for the 2016 class of the pro football hall of fame as a contributor. debartolo was nominated today by the contributors committee. elections will take place next february - the day before the superbowl. with debartolo at the helm, the niners won five super bowls and competed in 10 conference title games during the 1980's and 1990's. debartolo has presented five of his former 49ers to the hall of fame. bill walsh, joe montana, jerry rice, fred dean, and this past year, charles haley. this would be a beautiful time for him to enter if he were to be voted into the hall of fame serena williams survived round 2 of the us open, defeating kiki bertens of the netherlands today but it wasn't a smooth performance by williams she fell behind early and struggled to find her serve all match, ending with 10 double-faults and 26 other unforced errors. clearly frustrated with her second round play, williams hit the practice court immediately following her win. she took several practice serves with doing anything she can to keep her grand slam bid alive. williams has won 30 consecutive grand slam matches, and is trying to be the first women to complete a calendar-year grand slam since 1988. american tennis player, coco vandeweghe had a frustrating second-round match at the us open today five games down to bethanie mattick-sands, vandeweghe destroyed her raquet with two emphatic smashes the crowd loved it, applauding her mid-game meltdown. vandeweghe went on to lose the match the charleston riverdogs, the new york yankees single-a team partially owned by comedic- genius bill murray had a little fun during last night's game to celebrate their record season attendance of 285,000 fans, the team decided to give away a car! pretty awesome prize except the car was a 1998 honda civic with 285,000 miles citadel cadet, winner. he didn't have a car before winning the civic and celebrates with a loop around the field 285,000 mi. is a lot of miles >> pam :but if i had a bentley at not worry about it--i'd not worry about it >> pam :good night ♪ hey! let me help with that. oh, thank you! ♪ introducing the one-and-only volkswagen golf sportwagen. the sportier utility vehicle. wrestle legend, charged with murder. >> what happened? she fell? was she conscious? >> she was not feeling too good. >> and her sister's 30-year quest to the bring him to justice. then -- >> deborah: home alone nightmare. >> the brave girl who caught a suspected burglar in the act. >> reporter: not only did she take video of the stranger as he lurked, she also took a picture. >> what she's telling only "inside edition." >> i'm hiding. i hear the police sirens coming. >> exclusive, she was hired by the cheating website ashleymadison.com but listen to what she says about them. >> i think they're scam artist. i think they're shady. >> she's famous for
>> pam: scott? >> reporter:i spoke to several neighbors here, they did not want to go on camera but tell me they are worried about a rise in crime all over the peninsula, especially this last burglary that was caught on video. >> reporter:you're looking at surveillance video shot from the video shows two thieves tearing through the house tuesday afternoon (cheers & applause) hillsborough pd >>"the video cameras sent the video to the homeowner's cellphone" >> reporter:you can see the burglars ransacking the place, dumping out bags, and ripping down surveillance cameras >>"we arrived with it two but the suspects had already left" >> reporter:captain doug davis with the hillsborough police crooks got away with an undisclosed amount of jewelry. >> reporter:just three months ago the town saw a spike in property crime, but after some arrests -- that went number went down.however now. >>"here's another crew coming in here committing burglaries, our investigation will start up against them." >> reporter:neighbors are hoping police can track down these two before they strike again.and police say the video will help. >>"this video will allow us to share it with other agencies, and get their pictures out there" >> reporter:i checked with investigators. they tell me they are looking in to the possibility they might know >> pam: kron4 j.r. stone was in court today and have more on the key piece of evidence which, the defense attorneys want out. j.r.? >> reporter:pam, i was just 20 feet away from matthew muller in this building behind me.he didn't handcuffs but he listened to at least one victim of a tense moments. >> reporter:matthew muller, a harvard law graduate, sat in a pleasanton courtroom linked him to the denise huskins vallejo kidnapping and a home invasion at this home in dublin. agents now say that muller told a television reporter in jail that he had a psychotic break down and blamed a side effect from a vaccine in part for his behavior in the vallejo kidnapping. something that would be a confession to a case that was originally called a hoax by police. but muller's attorney wouldn't comment on that. >> i can't talk about it. i haven't seen it. i heard they filed something in federal court. we'll take a look at it tomorrow >> reporter:in court muller's attorney argued that his cell phone not be admissable as evidence. saying authorities did not get a search warrant before looking at it.and that the cell phone was the key that unlocked this case by linking evidence. >> if you're going to search something without a warrant you have to make that search clean >> reporter:officers from the dublin police department say a victim in the dublin home invasion case found muller's phone on a counter and gave it to them shortly after police arrived. officers phone to immediately get the numbersomething that is now the focal point in the case against matthew muller. >> reporter:the judge in this case will likely make a ruling as to whether or not the cell phone can be used as evidence in two weeks. live in pleasanton, j.r. stone kron 4 news. >> pam:new at 8. justice for sierra lamar. at long last a trial date has been set >> pam:today, the santa clara county district attorney confirming, the man suspected in the 15-year girl's murder back in 2012 -- will stand trial. >> pam: tonight, kron four's philippe djegal is live at washington high school in fremont. >> pam: where lamar was heading before she disappeared in morgan hill. he has reaction from sierra's father. >> pam: philippe. >> reporter:pam. the trial is set to start next year on april 25th. sierra's father steve says this has been a long and nerve-wrecking process. >> reporter:but says he's relieved to know the ball is rolling. his daughter sierra lamar disappeared in morgan hill on march 16th 2012, after bus. >> reporter:antolin garcia- torres was arrested a few months later, and last years was formally charged with sierra's murder, despite her remains never being found. >> reporter:steve lamar describe today as a good day. and, says he never doubted that garcia-torres would eventually stand trial. >> i am happy that there are some progress finally. this whole thing has taken a long time. they say is that it would be a long haul. every little step like this helps. and helps us mentally. get through this creek to have something to look for two. >> reporter:prosecutors are seeking the death penalty in this case. the district attorney's office says forensictorres' car links him to the murder. >> reporter:up until march of this year, teams of volunteers had sierra's remains as well. so, there are a lot of people seeking closure. live in fremont, philippe djegal, kron four news. >> pam:it has been a long, painful road for sierra lamar's and supporters. grant is here with a look at the major events that got us to this point. >> grant:we have to go back to march 16th.20-12. school after leaving for the bus.she's reported missing. >> grant:the next two days.significant.disturbing clues. sierra's cell phone, bag and some clothes are found.right near near route to the bus stop. >> grant:may 22nd.the suspect.antolinn-a evidence allegedly linking him to sierra. >> grant:the court process is painfully slow for the next two years.hearings are continued over and over. then in february of 20- 14.garcia torres pleads *not guilty to kidnapping and murder. >> grant:today, a judge set a trial date of next april 25th. that'll be almost four years *after garcia torres was arrested. >> pam:police are investigating a shooting in oakland. luther king junior way, near highway 980. just after 4-30- this afternoon. >> pam:police say, they found an unresponsive victim at the scene. it is not yet clear who shot the victim. >> pam:we will bring you more information as soon as it becomes available. >> pam:a third man is under arrest tonight in a high profile month in a san jose office building. 42-year-old duane aguero is now in custody. in connection with the murder of christopher wren.it happened at a lundy avenue office complex. >> pam:this surveillance video shows the suspect on the night of the murder. two other suspects, also in the video, were killed last month in confrontations with police. >> pam:christopher maxwell wren is seen in the video with his hands up the night of the murder. wren, and all suspects are from san jose. the motive for the killing is still unclear. >> pam:in the east bay today, the bart police department defended its actions during an incident on tuesday evening, where a union city man shot himself at a bart station in oakland. that man is now in the hospital in critical but stable condition, and he could be facing an attempted murder charge. >> pam:kron 4's charles clifford is live tonight in oakland with details. >> reporter:this case.. involving bart police, a suspect wounded by gunfire on a train platform and video footage of the aftermath.. brings to mind the oscar grant case from 2009, but bart police say that in this situation the suspect only has himself to blame and that they have convincing evidence to support that claim. >> reporter:this is video taken with a cell phone showing the moments after 28-year-old corey powell of union city is believed to have shot himself at the west oakland bart station on tuesday evening. >> reporter:according to bart police, powell, who was illegally smoking a cigarette on the platform, and tried to issue him a citation. powell then allegedly became combative with the officers and at one point tried to jump off the platform to the sidewalk below. the officers tried to restrain him and during the struggle police say powell reached for a gun hidden in his waistband and shot himself in the stomach. he then dropped the weapon on the platform. the officers did manage to taze powell but that didn't stop the confrontation. >> reporter:the person falls to the ground, he starts reaching for the weapon that's on the ground, the officers pull him away from the weapon and he's screaming that you shot me. saying that the officers shot him, which is not true. >> pam: a convicted felon is back behind bars in milpitas. awakening from police. >> pam: police investigating a report of a suspicious car. found 26 -year old jeremy castro, sleeping in a car, with 21- year old cristina cunniff early monday morning. >> pam: when officers tried to wake them up. they spotted a gun in the car. >> pam: both suspects refused to get out. then, police say, cunniff backed the car into vehicle. officers eventually arrested them both. in a car search. they found cocaine, meth- amphetamine and stolen property. >> pam: a mysterious death occured last thursday at santa clara county's main jail. the late inmate was found dead in his cell, according to a spokesman for the sheriff's department. >> pam: his identity has not been released by officials but kron four news obtained court documents that identify the deceased as 31- year-old michael james tyree. >> pam: the memorandum confirms tyree died while in custody. >> pam: the sheriff's department also confirmed that three unidentified jail deputies have been placed on paid leave. tyree's death is being investigated as a homicide. >> pam: autopsy results have not yet been released. >> pam: ahead at eight. >> pam: being paid to potty- sit? the million dollar project to deter people from using the street as a toilet. >> pam: plus. >> pam: a push to ban e-cigs for minors. as we learn more about just how harmful vaping can be. and next. >> pam: a warning for drivers hitting the roads this holiday weekend. the road dangers that could have deadly consequences. >> diane: your 7 day forecast is coming up next! we will be back >> diane: your 7 day forecast is coming up next! bp 64/40 sterilize sites. multiple foreign objects in the body. tweezers. (buzz!) (buzz!) if you're the guy from the operation game, you get operated on. it's what you do. (buzz!) if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do. so, what did you guys they think of the test drive? i love the jetta. but what about a deal? terry, stop! it's quite alright... you know what? we want to make a deal with you. we're twins, so could you give us two for the price of one? come on, give us a deal. look at how old i am. do you come here often? he works here, terry! you work here, right? yes... ok let's get to the point. we're going to take the deal. the volkswagen model year end sales event ends on labor day. so hurry in to your local volkswagen dealer today. >> pam: labor day weekend is just days away, and already, the california highway patrol says, the roads are more deadly than in recent years. >> pam: kron 4's alecia reid went on a 'ride along' today in marin county. >> pam: she is live there this evening. alecia it was pretty dangerous out there. >> reporter: this holiday weekend is the last big weekend of the summer. c h p is urging everyone to be careful. >> does not matter if this morning, noon or night they will drink. >> reporter: c h p is repairing and they will be out in full force accurate and major concern, deadlier roadways. more so than in years. 20 percent over last year. >> we want to lower those numbers. >> reporter: man is accused of driving recklessly. >> someone will go out and drink until they are so impaired that they cannot operate a motor vehicle. and they sacrificed everyone else all round them. >> reporter: this woman, and getting pulled over for almost causing an accident. >> that white car came up and she almost went to the side of them. >> i did not see the car. >> reporter: there will be even more people on the roadways this weekend. chp will have maximum enforcement to up the weekend and bay area. and the monday night. >> pam: cooler temperatures around heading toward the weekend when things will warm up it out. >> diane: yes, we had low clouds in place with cooler temperatures. however, we will have one more day before we warm things up for the holiday weekend. >> diane: went speed is also on the breezy side for places like hayward and san jose. along with fairfield with gusty winds at 22 mi. per hour. they will stay with us for most of the evening. pretty much in the mid-60s for the inland valley and eastern shoreline location. >> diane: 9:00 p.m., more clouds rolling through at 8:00 a.m. tomorrow morning but clouds will remain and the san francisco peninsula area and the east bay shoreline. breezy conditions in the '70s. >> diane: you see moving down san mateo across the bridge. transitioning, there you haven't yet to see the bigger picture with a cloud coverage. everywhere but the north day dealing with a lot of sunshine tomorrow. transitioning to noontime thursday and took early thursday night. and tomorrow or pre much in place. cooler temperatures that will gradually heat things up >> diane: san francisco will remain in the upper 60s. >> diane: friday, would jump to 78 degrees and 83 by saturday creek will talk more about the full day forecast coming up. >> pam: the number of inmates at san quentin state prison. under observation for symptoms of respiratory illness. has now increased to ninety-five, officials say. >> pam: the inmates have not been diagnosed with legionnaires' disease. but they are being observed for the disease according to state corrections officials. >> pam: six inmates are confirmed to have the disease. symptoms include high fever... chills... and a cough. treatment is being conducted on-site at san quentin's medical unit. but the source of the outbreak is still unknown. >> pam: a recent spike in crime has richmond police on alert. they say, robberies are up 20- percent. >> pam: they say, those statistics could be even higher in the city's predominantly hispanic community, along 23rd street. because the crimes often go un-reported. according to the president of the richmond sol soccer league >> grant:richmond police are attacking the problem with a crime suppression unit. along 23-rd street corridor. >> grant: police today released photos and the video of a mailing to three other robberies in san jose and a fourth and millipede is the early this year. the suspect is described as a hispanic man in his mid to late 20s, standing between 5 ft. 11 in. and 6 ft. tall with the athletic build and mustache. san jose police officer albert morella said in the show's the suspect wearing nike court tissues. the first robber took place in milpitas just before 715 on march 5th. >> pam: and recently arrested 4-suspects they believe are connected to a number of robberies. >> pam: san francisco is spending a million dollars to man public restrooms with attendents. problem of people using the streets as their personal toliets. >> pam: those workers on potty patrol, check to make sure the restrooms are clean, after being used. they also give a courtesy knock after five- minutes, to make sure people inside know it's time to move on. >> pam: now there are eight "manned" toilets. in areas where public urination and defecation are a big problem. >> pam: >> reporter: wait until you see what these can offer you and the near future. they are not that far from hitting the market. next on kron4! >> gary: the case, and history made by the opponent today at the coliseum. we will have that! more on sports later in the broadcast! >> reporter:your smart phone has some pretty incredible capabilities. and for one student at fresno state.it may have saved his life >> reporter: skilled tradesmen are getting older the do not have the endurance and more when the jobs. they are exhausting. >> reporter: he is right about that. i cannot imagine working with the 20 lb. grinder for more than an hour tops. >> reporter: using this i felt no pain in my back or means. making their job easier, continuing to do the job with when they age. >> reporter:gabe slate >> pam: know this song was none dropped but they did stop a bullet and the story is next. >> grant:fresno police say an iphone in the pocket of the student blocked a bullet during an armed robbery near the university. >> grant:the student told police he had been walking home.almost to his front door. when a man approached him from behind and pointed a semi-automatic handgun at him. >> grant:the suspect then grabbed the fired a shot. which shattered the iphone in his leg pocket. as for the student.he was unharmed. >> pam: if your house is on fire. what are your priorities? is originally from oakland. he first saved his children from a burning aparmtnet building. then.he rescued his ribs. >> first name i did was get my kids. then i got my ribs. because i take pride in what i do. i looked over and the fire was bursting out i said this is crazy, man! >> pam: that's robert wright. certainly soon to be a viral video sensation. >> pam: if you're hungry for more of that interview. head over to kron-4 dot c om. where you can watch the full video. >> pam: and 12 year old grow home alone when she hears someone try to get in the house. her quick thinking try to catch a criminal. >> pam: the cigarettes are toxic. >> diane: state-owned for the forecast next! news tonight at a >> reporter:- taking a tough stand against new smoking technologies, meant to entice children, the california assembly has partisan 75-1 vote, assembly bill 216, authored by assemblymember cristina garcia. >> i can breed a lot better and i can taste things better. what >> reporter: is really in them can kill you. >> reporter:ab 216 would ban stores, smoke shops and vape shops from selling any vaping or electronic cigarette device age. >> reporter: minors from purchasing vaping devices with pre-filled nicotine cartridges. due to this loop hole in current law, unscrupulous vendors are preying on our youth by selling them e- with non- nicotine cartridges. but devices can easily be filled with used for smoking other substances such as cannabis or other herbal substances that are harmful to children. >> reporter:"unlike candy cigarettes, that became socially unacceptable, these products are truly dangerous for children and act as a use." garcia said. "these devices are hooking a new generation on starting smoking and are a gateway to smoking traditional reversing previous successes in reducing nicotine use among children." >> 2 million high school students. they clearly do not know the facts about these products. >> reporter: the message of what is really in there do not go up in smoke and that is what they are fighting to get labels placed on these items. so that they understand what is really in them. >> pam: 4 reached up to some consumer groups that advocate those east cigarettes and they told us that this study has no basis. >> pam: a staggering number of birds have been taken in at the international bird rescue center in fairfield. the center.typically brings in around ten common muhrs a month. >> pam: in the past month.they have had one hundred and fifty. the deep diving sea-birds fish in waters ranging from monterey to marin county. >> pam: and those waters are rapidly changing. this is not the first time the birds have been under this type of stress. >> last time this happened when we had a strike was the el nino years. it looks like we are sad again for the same type of year. >> pam: at the international bird rescue center in fairfield yet another group of starving young seabirds have arrived, to join an ever in august. >>typically on any given get ten and we've had a hundred and fifty in a month. that tells us pretty quickly that something is going on in the environment. >> pam: the majority of the birds deep diving seabird that fish the waters from monterey to marin county and those waters are changing >>the primary cause seems to areas. >>the birds are looking for looking for cold water and deep. >> pam: as many as sixteen birds a day have been coming into the rescue center which has stretched their ability to care for the birds. >>we need people to help us care for the animals. we need donations to help us feed the animals. >> pam: whether it is an impending el nino or global warming the center continues to see more birds being sent to their facility. the majority of the birds >> pam: a fifteen-year-old boy has been arrested and classes at a high school in fresno were police found gun threats against other students posted on social media. >> pam: officials canceled classes at san joaquin memorial high suggested he planned to shoot up the school with an a.k.-forty- seven. it appeared the boy was quoting song lyrics on his account referring to students who were killed at columbine high school. >> pam: a 12 year old girl is being praised for quick thinking a criminal, it happened when she was home alone and a man tried to break into her house. >> pam: >> reporter:for the first time she is speaking out. and telling les trent she not only called for help but recorded the accused intruder with her phone. >> reporter:the suspect ended up telling for a glass of water." >> i am coming over here ducking down and looking at him from here. >> is a guy trying to break dan and i do not know what to do. >> reporter: sent to the important details she gave the police to rid--gave to police she >> reporter: even have the thought to deal the guy. --she even had the deck ideas to of the video him. >> reporter: mail was determined to get canceled taylor found a hiding place in her bedroom closet. police >> reporter: picked up the suspect a few blocks from her house. >> reporter: is a career criminal that is linked to other burglaries in her neighborhood. >> pam: he told the police that he was just looking for a glass of water. >>who doesn't love pizza? >> reporter:meet the bay area's own tony gemignani - mr. pizza. he's the closest thing to a pizza rock star. tony g as he's known is the 11 time world pizza champ. >> reporter:he got his start in the east bay. and you could say he's been rolling in the dough ever since. tony's pizza napolitana is in the heart of the city's north beach. >> reporter:but he's opening up new restaurants faster than he can flip pizzas. >> reporter:tony - runs pizza classes in the art of tossing. which is a lot harder than it looks. >> reporter:if you can't attend pizza u pizza bible if you're downright religious about your pizza pie. in san francisco, vicki liviakis kron 4 news. >> pam: coming up! preschool children are encouraged to fight one another whether caretakers stand around to watch. >> pam: next, coffee lovers a deadly form of testing that you may want to avoid. >> diane: cooler temperatures! i will let jan know if the wind will affect your holiday. my name is rene guerrero. i'm a senior field technician for pg&e here in san jose. pg&e is using new technology to improve our system, replacing pipelines throughout the city of san jose, to provide safe and reliable services. raising a family here in the city of san jose has been a wonderful experience. my oldest son now works for pg&e. when i do get a chance, an opportunity to work with him, it's always a pleasure. i love my job and i care about the work i do. i know how hard our crews work for our customers. i want them to know that they do have a safe and reliable system. together, we're building a better california. >> pam: authorities say, they made videos of the scuffles and share the videos with france. >> reporter: welcome to fight club. >> reporter: for seen the movie by club encouraging preschoolers in kindergartens to fight each other on the playground. in new jersey. the to >> the ages 4 and 6 just fighting for it hit each other and plea to other down to the ground. --pulling >> reporter: the video last 10 seconds. but investigators are able to obtain it after someone recorded. >> reporter: any of these children hurt? >> 0. we do not believe any serious injuries to the children we are still investigating >> this is unbelievable. i do not believe this this is unbelievable. >> you do not know anyone really? >> reporter: did no one see that. what we really >> we really like to focus on at this plant is that all the children are safe and that is our number one priority. --focus on at this point >> reporter: charge for her child abuse and endangering a child. --one of the day care attendants >> pam: tesla says it would take orders for cheaper cars in march and for bill and/or cost model 3 electric car in march and will start taking orders bandit to carl start around 35,000 or about half the starting price of its current model s sedan. and about two years. >> gary:good evening! >> gary:tied up! a's taking on the angels at the coliseum this afternoon >> gary:sonny gray on the hill, worst outing since september 2nd of last year >> gary:top 1st / 3-0 angels >> gary:david freese slaps a single to deep right, david murphy scores angels score four runs in the 1st >> gary:bottom 1st / 4-1 angels >> gary:a's battling back in the bottom half of the 1st josh phegley with a two-run shot to center cuts the lead to one >> gary:but albert pujols and the angels offense took over >> gary:top 2nd / 4-3 angels >> gary:albert pujols hits a two-run bomb to left-center, puts the angels up 6-3 his 555th career homerun >> gary:final: 9-4 angels pujols becomes 4th player to have ten 35-homer seasons in their first 15 years. >> gary:a's open a series with the mariners the day after tomorrow. >> gary:former owner of the 49ers, edward debartolo jr. is a finalist for the 2016 class of the pro football hall of fame as a contributor. >> gary:debartolo was nominated today by the contributors committee. elections will take place next february - the day before the superbowl. >> gary:with debartolo at the helm, the niners won five super bowls and competed in 10 conference title games during the 1980's and 1990's. >> gary:debartolo has presented five of his former 49ers to the hall of fame. bill walsh, joe montana, jerry rice, fred dean, and this past year, charles haley. return >> reporter: >> gary: time heals all wounds. >> gary:follow me. >> gary:on twitter >> gary: >> gary: pam kind of got netted me. --got mad at me. >> pam: i did i get mad at you. >> gary:, you thought i was promoting myself little too much. >> pam: pam moore @ kron 4. >> pam: (laughter) >> gary: i will finish my tweet and help you. >> pam: (laughter) >> diane: (laughter) >> gary: it is a different world that we work hand. -- work in >> gary: in all when you go to a banquet and the whole ryan stands up. --whole room >> pam: i still owe you money gary peart allow paid upfront. >> gary: how much money do you have? (laughter) >> gary:the jim harbaugh era in ann michigan kicks off the college football season. but what's more important is his former team is priming to make a run in the pac-12. >> gary:mark carpenter has more >> reporter: taking it off season course in diversity. >> reporter: 3 of 4 games on the road. >> focus on a somewhat takes the man. prepare to win and play hard and play together >> reporter: opening with northwestern this saturday at 9:00 a.m. pacific time creek the dow >> gary: lee and man, was to get the rhythm. watch out! >> gary:--that young man >> gary:that carpenter is going to be good ! last time i said that it was pam moore wlaking into the newsroom! >> pam:great! >> gary: 285 dozen miles, the honda civic. they are given away. >> pam: why the commander in chief is running wild on social media tonight? >> pam: president obama is really having fun and alaska making him go on and social media's three explanation. >> grant: taking plenty of hist he is there to get the word out on climate change. he is taking plenty of votes. --photos (male announcer): it's now time for gary radnich from the jack in the box sports desk. >> grant: selfie sticks are every where! >> pam: it is such a beautiful state. so did the see why he is going wild. >> grant: we have to go. that is that! >> pam: get all stay connected at kron4 dot com the evening ♪ ♪ it took serena williams years to master the two handed backhand. but only one shot to master the chase mobile app. technology designed for you. so you can easily master the way you bank. ( walkers snarling )
>> reporter:the two officers meanwhile, because this was not an officer involved shootingholstered their firearms. in oakland ,charles clifford kron 4 news. >> this just in to the kron 4 newsroom. >> grant:breaking news out of the south bay. an arrest tonight.in a high profile murder that took jose office building. >> grant:this surveillance video shows the suspect that for. 42-year-old duane aguero is now in custody. >> grant:two other suspects accused month in confrontations with police. >> grant:christopher maxwell surveillance video with his murder.was killed in a lundy avenue office complex. wren, and all suspects are from san jose. the motive for the killing is still unclear. we'll keep you posted. >> pam:the man accused in the kidnapping and murder of sierra lamar. will stand trial next april. lamar is the 15- year old morgan hill girl, who went missing back in march 2012. >> pam:though there was an extensive search, her body investigators linked antolin garcia -toress. to her disappearance. >> pam:garcia- torres has pleaded 'not guilty'. and will go on trial april 25th. 20-16. >> pam:there has been a recent spike in crime in the city of richmond. robberies are up 20 percent - according to police. >> reporter: as you see here in a red jail suit. and the judge will not allow list the show this this is what can only see pictures. >> reporter: pus gas was held for 48 hours and dropped off as i california. the argument here is that evidence obtained in the doubling case was taken illegally. because of this, they can receive additional evidence and the huskings case. >> reporter: this is what his attorney had said after the courtroom,. >> if you are going to serve something without the war in has to be a claymore separate and has to be a queen search and good and every other respect. and that is what we spoke about today. something that they could do without a warrant. >> reporter: court today the deputy the testify since that that cell phone that was given to him by one of the victims patrick the door founded on the counter. he then called 911 to get a phone number. the suspect was still on the run. no ruling made on the case or for that evidence to see if abused or cannot be used for it that is something that will happen in the next two weeks. j.r. stone kron 4 news. >> pam: the man accused in the kidnapping and murder of sierra lamar will stand trial next april. >> pam: lamar is the 15 year-old morgan hill borough, who went missing back in march 2012. though there was an extensive search, her body has never been found. investigators linked garcia torres to her disappearance however he has pleaded not guilty and will go on trial april 25th. 2016. >> pam: there has been a recent spike in crime and the city of richmond. robberies are up 21 percent according to to police. >> pam: they say, those statistics could be even higher in the hispanic community, along 23rd street. because the crimes often go un-reported. >>".to the city" >> reporter: >> pam:in response, a richmond police crime suppression unit has targeted the area, and recently arrested 4-suspects they believe are connected to a number of robberies throughout the 23rd street corridor >> pam:a vandalism case has been solved in the east bay... danville police say they have caught 18-year-old jared vance of provo, utah. >> pam:vance is being charged with a felony. for spray painting oak hill park in danville, on june 8th of this year, accoring to the contra costa district attorney's office. >> pam:due to the nature of the crime... a reward was offered. >> pam:officials have not said whether or not the reward was given out. >> pam:sheriff's deputies in santa the death of an inmate at the main jail while in custody. kron four's rob fladeboe reports now, a criminal investigation is now underway. >> reporter:details are scarce but we know the mysterious death occurred last thursday here spokesman for the sheriff's department says the inmate was found dead in his cell. department -- >> reporter:the sheriff's spokesman declined to name the late inmate, but court documents identify the deceased as 31-year-old michael james confirmes tyree died while in custody. the sheriff's >> reporter:department also confirmed deputies have been placed on paid leave. tyree's death is being investigated as a homicide. >> spokesman -- they are working in homicide case. going forth and treating this case like any other homicide case we would treat. >> reporter:other court records described michael james tyree as a transient, who was in alleged drug offenses and had previous contact with theft. >> reporter:at the time of his death, tyree was waiting for a transfer to a mental health facility. results of the autopsy, which will include the cause of death, have notreleased. in san jose rob fladeboe kron 4 news >> pam: a startling fact released today. a california prison inmate dies. or is killed, on the average of ever 12- hours, that is just one of the statistics available on a new state - sponsored web site. >> pam: catherine heenan is here to tell us about the data hub. known as "open justice." catherine? >> catherine:it's the first in the country. an interactive site where you can read for yourself the raw numbers on who's being arrested in california. >> catherine:and who has died in custody and under what circumstances. the site also has information violence against officers. >> reporter:the california department of amounts of criminal justice data and will now make that open to the public. >> catherine:attorney general kamala harris officially cut thethe state compiling some facts you may already know, you. >> catherine: african americans make up just six percent of the state's population. but they are three times more likely to be arrested, >> catherine:and four times more likely to die in custody, >>the data has shown us that in the last 10 years there have been 6,837 deaths in custody >> catherine:that is an an average year of 684 people a year. in most cases. 61 percent. the reason is natural causes. prisoners die of sickness or old age, >> catherine:seventeen percent, or roughly 120 people a year in california, are killed by police during an arrest. their average age is 34. >> catherine:the data also focus on police deaths. such as the murder of hayward officersince 1980, 345 law enforcement officers have died in the line of duty, an average of 10 a year. >> catherine:54 percent were killed by criminals. the others were accidental deaths. in addition. >>there have been 280 thousand assaults on police officers since 1980. i'll do the math, that's 8,000 assaults a year. >> catherine: search for open justice, one word on our kron4 web site. >> catherine:harris also announced that body cameras. with local police to make the practice universal. >> pam:the number of inmates at san quentin state prison. under observation for symptoms of increased to ninety-five, officials say. the inmates have not been diagnosed with legionnaires' disease. but they are being according to state corrections officials. >> pam:six inmates are confirmed to have the disease. fever... chills... and a cough. >> pam:treatment is being conducted on-site at san quentin's medical unit. but the source of the >> pam: will be back! >> diane: forecast is coming >> diane: forecast is coming up >> diane: for♪ ♪t is coming up it took leonardo and miriam years to master the toss. but just a few little steps to master depositing checks with the chase mobile® app. technology designed for you. so you can easily master the way you bank. [is the staying awake part...t challeng( gun shot )your day sleep train has your ticket to a better night's sleep. because when brands compete, you save during mattress price wars. and through labor day, save up to $400 on beautyrest and posturepedic. get interest-free financing until 2019 on tempur-pedic. plus, helpful advice from the sleep experts. but this special financing offer ends labor day at sleep train. ♪ sleep train ♪ your ticket to a better night's sleep ♪ >> pam: there were some very happy children in the east bay today. thanks to some very generous employees. the workers bonded together to round up school supplies. >> pam: and as kron four's terisa estacio reports, the kids were eager to put their new items to use, quickly. >>grabbing back packs. >> reporter:it was hard to tell who was happier these employees from overaa construction here to hand over some backpacks with brand new supplies or these kids, waiting patiently to pick out a new bag. >>13 elizabeth it is great. >>16 jorge martinez/overaa construction we are so happy to be here. >> reporter:once all the bags were in for it and that is what happened. and while the kids were enraptured, so were the employees from overaa. >> jorge. it is so cool to volunteer to give back. this was so great. it makes you feel awesome. >> reporter:overaa is a local richmond company. the idea to give back started small, but grew fast as the employees chipped in. in fact, so many bags were donated, several cars were needed to drop off the goods. >> reporter:besides here at grant elementary, the workers were high school. >>thank you. >> reporter:oh and as far as the kids, they were a little shy about the gifts, but plenty ready to go put them to good use. >> we like to walk the talk. >>i am going to go color. >> reporter:in richmond, te . >> pam:why would a chicken cross the bay bridge?? that's exactly what happened this morning. >> pam:catherine heenan is here with the story. catherine? >> catherine:it happened right in the middle of the morning commute. with drivers tweeting about a loose chicken near the fastrak lanes at the toll plaza.starting before 6-am. >> catherine:some people took photos.one viewer sent us this video. it was never clear whether there was more than one. >> catherine:but the c-h-p began tweeting warnings to people -- telling them not to get out of their cars to try to catch any chickens. >> catherine:this went on for hours. >> catherine:finally around 10-am - the c-h-p sent out a photo saying the bird was "in custody." it got a ride in a patrol car and was checked by a vet.and then taken to an animal shelter. it's still not clear where the little brown hen came from.but people are now applying to adopt her. >> pam:suicide prevention is underway, as cal-train crews along the rail corridor in fencing to reduce access to the rail tracks. >> pam:cal train officials say, both improvements are part of an august 24th agreement between the city and cal-train. it is aimed at creating a comprehensive approach to suicide prevention on cal-train tracks. >> pam: the city of palo alto will pay more than one- hundred- fifty- thousand- dollars. for the fencing and vegetation removal. a thermal infrared camera pilot program. will also be added in the next few weeks. >> pam: it will be able to detect people and objects more than a mile away. using heat sensors. palo alto: caltrain begins improvements aimed at preventing suicides - vegetation removal >> grant:a big intersection near a-t&t park will be closed over the labor day weekend. 4th and king will be closed as the city's transit angency works on the central subway project. >> grant:the closure starts at 10:00 friday night.and lasts until 5:00 tuesday morning. crews will start the work to lay new tracks for the subway project.among other things. >> grant:also.the bay area is gearing up for another closure of the transbay tube this weekend. bart will completely shut down the tube for three days. >> grant:no service between san francisco and oakland saturday, sunday and monday.bart is replacing thousands of feet of the track in the tube. >> grant:the agency says this work will allow trains to switch tracks more easily. the san francisco bay ferry will double its usual weekend service on the alameda-oakland-san francisco route. >> grant:and there will be enhance service on the vallejo-san francisco route. for additional information on the closure and alternative buses and routes. you can visit our website. kron-four-dot-com. >> diane: things will start warming up for the holiday weekend. >> diane: a first, much of the peninsula and the east bay shoreline is still in with this right now. when it speed is on the breezy side at 18 mi. per hour for oakland, 13 now for hayward, 174 livermore and san jose. temperatures, right now are still in the 70's for the inland valley locations. and low 70's and upper 60s for san francisco and the peninsula. >> diane: 7:00 p.m., mostly cloudy with patchy f o g and much of it and we get through the evening. it will be in the 60s across the board. 58 am tomorrow morning sunny skies the upper 50s and the talent that locations. >> diane:--inland vallies >> diane: clear skies, with sunny conditions for the next couple of days however, we will not be as warm. friday, things will start to heat up gradually and to saturday and more of it for sunday as well. at 4:00 p.m., los 70's at ease the shorelines and upper 60s for san francisco and the peninsula. >> diane: would talk about how warm it will get for your holiday weekend up next! 100 hero. a viral sensation --one hungry sensation! >> all looked over there and saw the fire bursting out for it asset let me get my children out of this situation. i am from the bay area. located in the bay area. they call me west coast trip tom going to keep things going. it was real serious out there, man. i am going to enjoy the barbecue pit have a good night man. how would they will put me of or hopefully they will put me into a hotel and so that my money would not come out of my pocket. >> grant: robert wright, got it right. you say the kids first. --sve--save >> pam: (laughter) >> diane: (laughter) >> grant: this is something we did not show courage the acts of any injuries. he said well i did have smoke in my long as. from the ribs? well maybe. >> pam: some think is missing and we will explain next. we live in a pick and choose world. choose, choose, choose. but at bedtime? ...why settle for this? enter sleep number... right now all beds are on sale. sleepiq technology tells you how well you slept and what adjustments you can make. you like the bed soft. he's more hardcore. so your sleep goes from good to great to wow! only at a sleep number store. right now save 50% on the labor day limited edition bed, plus 24-month special financing. hurry ends monday! know better sleep with sleep number. and help the fast-food restaurant opens for business in san francisco. imagine a restaurant and the waiters or cashier's or buster spirit just machines. and automated fast-food eatery that just opened in san francisco with the key lick the caucus. >> reporter: welcome to the new eatery called eatsa >> reporter: you place an order on an ipad. three to five minutes later and shows up in a cubby. hardly a human insight. >> reporter: expect for maybe a concierge. the food is fast and how be based on the grain quinella. meets at the all met with a touch of space odyssey. scott drummond is one of the founders. but this high- tech cafeteria is committed to engineering a meal that is better for your body and the planet. >> reporter: customers we talk with them not seem to bother but or be bothered by the lack of can interaction. as for the robot replacing more hours for jobs? there is a team of kitchen staff making the food. you just cannot see them. welcome to the fast food revolution. they are planning another location and said francisco and launching another key 80 as state and southern california's center it in seven francisco now that there's foster farms simply raised, it's tougher than ever to be a foster farms chicken. but foster farms simply raised chicken is 100 percent natural with no antibiotics. well you're an herbalist. help us to be natural. will those herbs do it? those? one grows hair, the other increases energy. gasp! do i look natural herb man? can i call you herb man? i'm trying to look natural. call me natural. you look like a steve. can i call you steve? hi steve. i'm natural. say something. why aren't you guys saying anything? introducing new simply raised chicken with no antibiotics. from foster farms. simply better. (male announcer): this is the bay area news station, kron 4 news starts now. >> pam: city of san francisco is spending--the city of san francisco is many more public rest rooms rest rooms with attendance as a way to combat the problem of people using the streets are their personal toilet. >> pam: kron 4 maureen kelly explains how having a party sitter is helping the city clean up its act. >> reporter: now at the public beckham and civic center. unless someone leaves the self cleaning toilets. an unattended goes into major league is calling for the next person. and if someone is taking too long. she will give a courtesy not after five minutes. to make sure they know it is time to move on. >> reporter: that is because is not uncommon for these restrooms to be used for unsavory and sometimes illegal purposes. droves, prostitution, and even taking up residence permit is part of the city's pit stop program. >> reporter: the idea makes the bad to and usable. so people will go here and instead of the streets. the attendants are on duty and a location where public urination and dedication are a big problem. the tenderloin mission castro south of market and its market areas. >> reporter: some locations like these portable bathrooms have been in place as july 2014. the department of public works say they have been seeing a 17% drop in request for steam cleaning. but that is not the only way they know it is working. >> more flushes. >> reporter: in addition to those eight locations there is also a place for some ranch disposal undock don't pull back street those using on really walking by the new locations to get a party sitter people we talked with like the idea. maureen kelly kron 4 news >> pam: san francisco police are looking for a suspect who posed as a p g and t worker and broke into a porter role lohan neighborhood home what a woman was asleep inside yesterday afternoon. at about 430 grit a woman in her 70's was sleeping at her home in the 400 block of university st. when she woke up to the sound of her front door closing polysaccharide --police, say. >> reporter: the victim's husband had just come home and saw a man walking out of the house. when the husband confronted the suspect he said he was with pg at he was checking the meter for weeks. this is the deficit has not been filed. police have not said if anything was taken in the home. >> diane: we are not going to see much of the '90s at all be more than 80 separate would talk more about that and the 7 day forecast when we can expect warmer temperatures headed our way creek next! >> pam: and texas thrift officials are still reviewing the video showing duckies shooting and killing a man whose arms were raised. catherine heenan is here with the latest developments. catherine? >> pam: >> catherine: a texas sheriff says a second video appears to show that man carrying a knife. so far the public has only seeing images taken from this video. were a utility pole of skiers one of the man's arms and is not absolutely clear what happens. >> catherine: at a news conference today, the surest is the man had a knife and the new deal is being studied at the state crime lab. >> catherine: michael thomas record the first bill. the sheriff says that the deputies claim the men killed gilbert floras and have resisted arrest. even after a stun gun was used to rid the fbi has joined the investigation into his death. >> catherine: tensions were high today as prosecutors gathered outside a baltimore court house. this one of the people are arrested. inside, a hearing and all the six police officers charged in the death of for the great. --freddie gray >> catherine: the 25 year old black man died of severe spinal injury while in police custody. a week after his april 12th arrest. as the protesters heated up. the police department canceled time off for its officers. for 24 hours. >> catherine: today's protest was mostly kept under control. earlier protest falling grades from roll-turned violent. -- gray's funeral >> catherine: today a judge ruled that all six baltimore officers charged in the death will be tried separately. he also denied a request to dismiss the charges and refused to dismiss the prosecutor in the case. >> pam: police in illinois are searching for three suspects in connection with the shooting death of an officer. if boxlike officer was shot and killed after he made it real called to say say he was chasing three suspects-dennis suspicious people. the search for the suspect was 60 mi. north of chicago and was called off this morning in the area where the lieutenant was killed. >> pam: all parties are concerned the suspects may be in another town or state and investigation will continue as of 40 sort through more evidence. >> pam: a kentucky concord has accidentally a court ruling ordering are to issue a marriage licenses to same- sex couples. the court cam data says she has denied issuing these licenses because that violates religious beliefs and a district judge has scheduled a hearing for thursday and the judge called it is in contempt of court which will lead to fines or jail time. >> pam: the obesity epidemic is showing no signs of showing or slowly in the u.s. tariff for kids, many blamed the fact they are staring at the screen all the time. either a tv, phone or computer. >> pam: but as cnn and holly furfur explains that may be the key to getting them to get a handle on their weight. >> reporter: weight-loss applications may offer help for the children beveling their wake break the sanchez family says that was the case with their daughter. >> you try everything as a mother to make them healthy, healthy eating, we watched our portions, but she still seems to increase and wait. >> reporter: they found it will los application that group's food as either red, yellow or green. children are taught to reduce the un held the red like fools over time. >> i switch to smaller plates and i have switched to lighter cheese, and you have to watch your portions a lot. weight-loss applications are like a moderate de fou journal you can take along with you everywhere you go so they are really convenient creek research has shown that by keeping track of your food and what to eat and drink mix to more mindful of it and therefore you are more to lose weight >> diane: the 7 day forecast is coming up next! >> pam: tonight at 6, j.r. stone will learn more about molar in his eye caught a break that may explain his behavior. that is coming up at the top of the hour at 6:00 tonight. grant, has breaking news. >> this just in to the kron 4 newsroom. this is video from our helicopter partnership with abc 7 news. >> grant: what we know right now is that a person has been killed. we do not know the circumstances surrounding it. we do not know where the body was found. however, we have seen detective going in and out of state--going and and out of a home in that area. >> pam: could giselle and tom brady marriage and in a loss bridge the insiders luis is an loss' as those with the fallout from the deflate the gate. (laughter) >> >> reporter: lee and laugh at the expense of himself. it now appears that the display gate stress has impacted his blood career and his six year marriage to giselle current reports are that she is threatening the board's current--divorce >> reports show that she has checked into an attorney to see what happens if they did divorce. >> reporter: this >> picture did not sit very well with giselle. she does not take groupies' well she thought it was very inappropriate because he is a married man and she is wearing all this rain spirit for him to allow this woman to be photographed with his rulings. this petition on and--this put her on an alert. -- photographed with all of his rings >> diane: even with the calls in place we do have 17 for livermore and fairfield at 20 mi. per hour with the wind speed. >> diane: 64 degrees in the inland valley, 62 east bay shoreline. and by noontime preconditions and the upper 70's for the inland valleys. nothing is really going on in our forecasts with the weather systems. coming in from the south moving up to our region to give us these low clouds. no rain showers, and no moisture in the area. we will not deal with grain for quite some time for it--rain. >> diane: los 70's and sell leandro and union city. for lme that as well. upper 60s for richmond and berkeley-- and alameda. >> diane: south bay more like the upper 70's. making way for sunshine, midway morning. 7 day forecasts, you will notice a trend increasing temperatures just a few degrees by each day going by. we still have the wind speeds in place for saturday and sunday with mostly sunny conditions and heading toward 80 degree temperatures. >> catherine: egg prices are skyrocketing. los angeles prosecutors havethe price of eggs has nearly doubled in the past year --the question - is the rising cost of the breakfast food hitting bay area restaurants? >> catherine: kron 4's averi harper went to a local restaurant to see whether the sky-high cost of line. >> reporter:at lefty odull's near union square eggs make up most of their breakfast menu. >> reporter:and the breakfast staple are undeniably a favorite for lefty's manager john fair. >>"i actually like them basted, but you can have them fried or with ham." (cheers & applause) but the prices of the morning meal must-have are through the roof. >> reporter:up as much as 150 percent restaurants like lefty's are watching those prices closely. (cheers & applause) "it hasn't affected our bottom line yet but the eggs have doubled so we do feel it." >> reporter:according to the usda egg production is sluggish in california because of prop 2 which requires that hens have more space on farms. >> reporter:that, coupled with avian flu in the midwest has driven prices up. >> reporter:at lefty's it's changing how they do business they're shopping around for the cheapest egg prices. (cheers & applause) "we have actually a special >> shopper who goes around for any items that are overpriced." now manager john fair says nothing is changing at lefty's, he says menu prices will stay the same even though eggs are a lot more expensive. >> reporter:in san francisco averi harper kron 4 news. >> catherine: it was a day of recovery on wall street. >> catherine: u.s. stocks bounced back.but not enough to make up for the losses yesterday. at the closing bell. the dow was up nearly 300 points. >> catherine: the nasdaq and the s-and-p followed suit. . >> catherine: the positive movement on wall street comes on the heels of the latest report that u.s. factories posted modest gains in july. >> catherine: kron 4's mark dannon talked rob black this morning about the positive economic picture. >> companies will have to hire down the road and pay you more. it does create wage inflation threat is ok to be moderate but not too hard and or not too hot--not too high or too low. >> reporter: it will be a game changer. cbs sports will start streaming live sporting events. >> have been good at this. they are just catching on to the trend of the accord covers and they are trying to stay relevant and stay as head of it. it will strain couple of season games and one in london one and been given for the first time ever print at think is the overall trend. the gas >> prices are cheap. and more people are traveling. i sometimes, things that the holidays aren't like holidays that are created to go out more and spend. tourism does very, very well. with a 2% increase the economy is working. >> will spend an average of $380. which is lovely. and number of travelers expected to hit the road or fly is one percent higher. >> reporter:kron-4 is helping you and your family get ready for school. visit kron-4 dot com. >> reporter: 4 school special section. kids be successful. >> reporter: next on kron >> this just in to the kron 4 newsroom. >> pam: have breaking news in oakland offloading right now with a homicide. we are getting and of date for you. >> pam: an inmate died while in custody, who is questioning-tissue is questioning the change of yvette's. --of events. >> pam: we have a lot more news, still ahead at kron 4 news at 63 (male announcer): this is the bay area news station, kron 4 news starts now. >> pam: >> this just in to the kron 4 newsroom. breaking news. >> pam:a homicide investigation happening right now in oakland. police have several streets blocked off.near the 980 freeway. >> pam:grant lodes is here now with what we've learned so far.grant? >> grant:a man who was taken down by connection with a dublin home invasion case and a vallejo kidnapping case was in court today. >> grant:matthew muller is the man we're talking about. muller is a harvard grad with a law degree who faces numerous charges. today we also special private recording of muller confessing to the vallejo crime. >> grant: investigators are on stage, to figure how the deceived them and the been bad and how the fighter may or may not have been involved in a number of issues corn on right there. and did officers are trying to piece it together. >> pam: muller is the man we are talking about. he is a harvard grad with a law degree who is facing numerous charges. today, he we also learned that the fbi has a special private recording of him confessing to the vallejo crime. >> pam: kron 4's j.r. stone is live in pleasanton tonight. he's here to map this all out. >> reporter: here is what we learned about my lawyer who we see here. he told a television news reporter in jail that he had a psychotic breakdown and blamed it on the side effect in part of his part in the vallejo case. >> reporter: were hudsons was dropped off and kidnapped for 48 hours. some people said it was a hoax and then it really did happen was stated by the fbi. >> reporter: this is what they had to say about that and the latest tourist--the latest. >> he is ok. and in jail and that is not great for anyone. >> reporter: argument was over the cell phone and can be used as a evidence. the judge just heard from three different people in the courtroom today. they will not make a ruling on this for the next two weeks. live in plaza 10 j.r. stone kron 4 news. >> reporter: >> pam:news out of san jose tonight. police have arrested the third suspect wanted for murder. >> pam:that happened in an office building on lundy avenue last month. this is surveillance video of the suspect the police were searching for. >> pam:42-year-old duane aguero ischristopher maxwell wren.shown in the video with his hands up.was killed that night. >> pam:the two others suspected in the murder.died in separate officer-involved shootings. >> pam:all three suspects are from san jose. breaking news out of the south bay. >> pam:we've learned of an arrest tonight.in a high profilethis surveillance video shows the suspect that police had been searching for. >> pam:42-year-old duane aguero is now in custody. two other suspects accused in that murder died last month in confrontations with police. >> pam:christopher maxwell wren.who's seen in surveillance video with his hands up the night of the avenue office complex. >> pam: from san jose. the motive for the killing is still unclear. >> pam: the investigation continues >> pam: into the mysterious death of --the investigation continues into the mysterious death of an inmate and the santa clara county jail. is saying very little about the case but as kron four's rob fladeboe reports now, a community watch dog organization is demanding answers. >> reporter:south bay n.a.a.c.p. chapter president jethro moore is talking about the in custody death of an inmate last week and what the sheriff's department says is a criminal investigation involving three deputies. >> reporter:a sheriff's spokesman says the inmate was found unresponsive in his cell at the main jail during a routine welfare check last thursday morning. court documents confirm the in custody death of 31-year- old michael james tyree, who wasto a mental health facility. >> reporter:the sheriff's office has not identified the three involved in the case but anow on paid leave and are being investigated in connection with the case. in san jose rob fladeboe kron 4 news. r >> pam:state attorney general kamala harris released new figures today that she says reveal a clear racial imablance in california's justice system. >>african americans account 17 percent of the arrests and 25 percent of the deaths in custody. of juvenile males. boys. africans americans are booked at a 20 percent higher rate than whites, >> pam:all the dataand much more is available at a new state debuting today. >> pam:it's called openjustice and has numbers on arrests and deaths in custody, as well as violence direcdted against police officers. >> pam:we have a link to the site on our web site. and search for openjustice, one word. >> pam:new information on that shooting at the west oakland bart station. police say they plan to seek attempted murder charges against the man authorities say shot himself during a struggle with police. >> pam:tonight that suspect remains in critical condition at highland hospital. >> pam:the incident was captured on police body cameras.but that footage has not yet been released. live in oakland where police held a press conference earlier today.charles? >> reporter:the bart police department says it has reviewed numerous video recordings of the incident, including video from cameras that the two officers were wearing on their bodies and cell phone video from people on the they also interviewed several witness. their conclusion is that the suspect in this case, identified as 28 year old corey powell of union city, shot himself in the stomach, one time. let's take a look at some of that cell phone video from last night. >> reporter: >> reporter:according to bart police, around 8pm last night two officers approached powell who was smoking on the platform at the west oakland bart station.. which isn't allowed.. they spoke to powell for several minutes.. when they tried to write him a citation he became combative and at one point tried to jump off the platform.. onto the side walk below.. the officers grabbed him.. he then started reaching for his waistband. one officers told the other to him. powell then shot apparently shot himself in the stomach and then dropped the gun. a split second later on of the officers did use his taser on powell but at no point did the officers fire or even un holser their firearms. >>their guns were never drawn....our hands were not on that weapon >> reporter:now the suspect in this case was transported to highland hospital, he has undergone multiple surgeries and was reported to be in critical but stable condition. he does have an outstanding related to a felony burglary charge. in this particular case, because powell reached for his weapon after he fell he could be facing attempted murder charges. >> reporter:the two offices are not on adminstrative leave because this is not an officer involved shooting. they never fired a shot. also, bart pd says it is not releasing the body camera video because the investigation into this incident is still ongoing. >> reporter:in oakland ,charles clifford kron 4 news >> pam:what happened last night sparks memories of what happened in 2009. when a bart police officer shot and the fruitvale station platform. >> pam:in that case, the officer mistakened his tazer for his pistol. and ened up shooting oscar grant. the officer was found guilty of manslaughter. grant's family sued bart for wrongful death. the case was settled in 2011. >> diane: 14 mi. per hour out in hayward, and that inland valleys like livermore. santa rosa and tomas per hour in regards to the wind speed. an increase in clouts and temperatures in the '60s all across the board. sunny conditions and the morning. low 60s, for the eminent >> locations. --for the inland valleys locations >> diane: 73 degrees for oakland, and east bay shore lines as well. what about the forecast coming up in just a few minutes! >> pam: grant? >> grant: palo alto and caltran officials are working together on that a foot fencing bridge will be in specific areas with a thermal camera that will be installed later. as a part of that program. >> catherine: the chp is requesting that everyone be careful they are planted out that 2015 is a particularly dangerous year for the bay area wrote separate there have been 120 fatal collision so far. 20 percent higher than the same time last year. >> pam: >> catherine: across california three of them in the bay area drug the labor day holiday lacher 27 people were killed in car crashes. nearly half the people killed were not wearing seat belts. another one in-you'll notice lots of extra officers on the highways this weekend. looking for speeders and impaired drivers. >> pam: the city of san francisco is continuing to come up with new ways to keep people from using the street as a toilet. they are starting to expand hiring of attendance for public rest rooms. those workers on potted patrol check to make sure the bathrooms are calling after being used. >> pam: they are also giving a courtesy not after five minutes to make sure those using the facility now is time to move on. it's called the pit stop program. there are eight demand outlook is now in the areas where public urination and dedication are a big problem. --dedication >> pam: 2 more are planned for and and the future and more projects meant to clean the streets of feces and urine are also wrapping up creek and october the department of public works is planning into a self cleaning up more than 80 alleys on a regular basis. >> pam: a true story, a chicken crossing the bay bridge made the internet go wild. how the file was finally found. >> grant: in each case the suspect was armed with a dark color handgun. demanding cash from the victims and then fled, police said. the suspect is believed to be armed and dangerous, according to police. the one minute video released by san jose police shows the suspect approaching a gas station attendant and raising his black cut it is the pope's pressure to show he had a gun on his waistband. >> grant: anyone with information about the suspect is an ax to costa jose police. --is axed to call san jose police. >> grant: this is video from our helicopter partnership with abc 7 news. >> diane: >> grant: >> grant: a big black spot in the area. , you can see that they quickly got a handle on it. there was a decent amount of fire. responding in the area hoping nothing would pop up in regards to hot spots. in a little fire can quickly turn serious. we will keep you posted on that at any other breaking news as it comes. >> diane: nice temperatures today. right now, still in the low seventies. and the '60s for the east bay shoreline. >> diane: satellite rater is showing no rain and forecasts. low clouds are in place. we also have cooler temperatures for the next day or so before we started running things up for the weekend. >> diane: moving along across the bridge. more seventeens in san leandro, alameda and union city along with castro valley. >> diane: we are dealing with the upper 80s as some nineties in brett wood and livermore. 78 degrees for tomorrow. martinez should get 74 degrees. >> diane: still, and a lot of the temperatures will be mid to low 70's with some cloudy skies. >> diane: 7 day forecast current we do have another day in the upper 70's. in more than 10 degrees on sunday. >> diane: cloudy conditions for the morning. and the holiday weekend plant outdoors, go-ahead and do so it would be a really nice one. >> pam: east bay elementary school is marking her first year upstart striving to make a difference. she is already changing things up. to get students ready for school. >> reporter: outreach has been conducted" >> reporter: employes look brought several backpacks jammed with a school supplies. she hopes that this is the first of many clobbered efforts with the committee's secret >> reporter: outside the school. a big sign announces her debut at grant elementary creek this seems both of the students and and farnaz are lucky to have fun each other. >> the kids me everything to me. >> pam: while workers at this refuge believe what so many birds are getting sick. ♪ ♪ it took serena williams years to master the two handed backhand. but only one shot to master the chase mobile app. technology designed for you. so you can easily master the way you bank. [female announcer] through labosave up to $400 onin's beautyrest and posturepedic. get interest-free financing until 2019 on tempur-pedic. but this special financing offer ends labor day at sleep train. because at&t and directv are offering yesterday's technology, today. tv from space. [whispered] space as long as it's not too rainy. [whispered] rainy or windy. [whispered] windy or there isn't a branch in the way. [whispered] branchy welcome to the moment no one's been waiting for. the fastest internet and the best tv experience is already here with x1. only from xfinity. >> catherine:some people thought it was kind of cute this morning -- plaza. >> catherine:others were just afraid the poor little thing would get run over. it happened right in the middle of the morning commute. >> catherine:and it was never absolutely clear whether there was more than one. >> catherine:traffic slowed down and not to get out of their cars to help. this went on between about 6 a-m and 10 --- when the c- h-they had the chicken "in custody." it got a ride in a patrol car to be checked by a vet -- and was then taken to a shelter. >> catherine:people are applying to adopt it. if there 'were' any other chickens -- we fortunately never heard about any casualties. >> pam:a huge influx of weak, starving seabirds have been >> pam:new at six. kron 4's jeff pierce went to the international bird center in fairfield where the birds are being nursed back the health. >> pam: >> reporter:at the international bird rescue center in fairfield yet another group of starving young seabirds have arrived, to join an ever increasing number received in august. >>typically on any given month, common muhrs we may get ten and we've had a hundred and fifty in a month. that tells us pretty quickly that something is going on in the environment. >> pam: >> reporter:the majority of the birds are juvenile common muhrs, a deep diving seabird that fish the waters from monterey to marin county and those waters are changing >>the primary cause seems to be a warming of the sea water around their fishing areas. >>the birds are looking for fish. the fish may be deeper looking for cold water and the birds can only dive so deep. >> reporter:this is not the first time that the international bird rescue has seen the common muhr population in stress. >>the last time happened where we had a spike was back in it looks like we're on set for an el nino year and the birds are telling us. >>see the little white dot in his eye. it's a little ulcer something knocked him in the eye. we actually had to take the tip of his toe off because his bone was infected. >>i can see they are coming in with nicks and bumps but most are just starving. >> reporter:as many as sixteen birds a day have been coming into the rescue center which has stretched their ability to care for the birds. >>we need people to help us care for the animals. we need donations to help us feed the animals. >> reporter:whether it is an impending el nino or global warming the center continues to see more birds being sent to their facility. >>these animals need a lot of care. >> reporter:in fairfield jeff pierce >> pam:still ahead at 6-30. how social media is changing the relationship between police and communites across the united states. >> pam:plus, several of the most popular internet- connected baby monitors now being targeted by hackers. >> pam:the frightening new report. and breaking news. >> pam:several streets blocked off right now as authorities oakland. >> pam:the very latest.just minutes away. >> grant: this video here courtesy of our partnership with abc pardner 7. -- this is video from our helicopter partnership with abc 7 news. >> grant: another death investigation happening and they point creek a body was found in a shed that burned later this afternoon on a residential property on shore road off lake shore drive. >> grant: initialling of arriving to find propane and under trucks burning brick and pakistan that because it was really going nuts. they did get the fire under control within 30 minutes creek however, they did go inside to find a dead man. >> grant: i am grant lotus kron 4 news. >> reporter: matthew mahler was in court today ruling by the fbi into separate cases. a kidnapping case in vallejo and a home invasion case in dublin. the attorneys of both argued about a cell phone, should it or should it not be used as evidence. the judge, has not made a ruling here. the j.r. stone crawford new spirit--kron4news >> reporter: the sheriff also has confirmed the three correctional officers are now believed and down in connection with the case. the cause of death has so far not been released for it in san jose, kron 4 news >> reporter: in union city is not in critical condition after shot after shooting himself in the stomach. the officers were attempting to right hand and a citation for smoking on the plant than when they got into a struggle. he reached for a gun in his waistband and shot himself one time in the stomach. the officers never drew their fire arms accord shot with their firearms. however they were able to use their taser. >> reporter: there are eight public toilets. checking the backgrounds, to mention the facilities are calling for it to give those inside to not have card secret is time to move on--giving those inside a courtesy not to inform them that is now time to move on. >> reporter: maureen kelly kron 4 news. >> reporter: kids here at grant elementary school received a big bonus today with a brand new backpacks with coal supply spirit of because of and donation. the representative of the company says that they in fact collected so many items, but the head have several vehicles dropped off the donations. at a minuscule/high-school--at a middle school and high school plus the of the mission school. >> pam: >> pam: across the nation tonight. >> pam: six baltimore police officers charged in the death of freddie gray.will stand trial. >> pam: the officers appeared in court today.and pleaded not guilty to charges ranging from false imprisonment to involuntary manslaughter in connection with the death of gray, who died of a severe neck injury while handcuffed and restrained inside the police vehicle april 12. >> pam: the judge barry, who refused to drop charges against the six, ruled that each person should be tried separately with separate juries return >> pam: tensions over policing are rife in many american neighborhoods. >> pam: this year alone.we've seen protests across the country, including here in the bay area over what some are calling an abuse of power by law enforcement. >> pam: cnn's ed lavendera shows us how social media is playing a huge role. >> reporter:it seems like making sense of life on the streets of america is harder than ever to unravel. >> reporter:the headlines the last few days are dizzying. >> reporter:a manhunt for the killers of illinois. >> reporter:a houston sheriff's deputy a gas station. a san antonio man with his hands up, gunned down by officers. >> reporter:anti-police chants in minnesota. houston's harris county sheriff, still mourning the loss of one of his deputies, worries the debate is taking a toll. >>"certainly those kinds of extreme rhetoric can lead to unintended consequences." >> reporter:the fury over some of these incidents rages. polarized opinions fueling the anger. even a video doesn't tell the whole story behind a shooting. >> reporter:in san antonio. this video shows bexar county sheriff's domestic disturbance call. they say gilbert flores was armed with a knife and had just injured 2 people inside the house. flores has his hands up. officers shoot. >> reporter:a local t-v station first aired the video. and the sheriff's department says doing so put its officers lives in danger. >> reporter:the department encouraged people to call and complain-- tweeting out the station's phone number >>"it can't be an us against them. it has to be police and communities working together." >> reporter:cedric alexander has spent almost 40 years working in law enforcement. >> reporter:he says no matter how angry some communities might be with police officers. they don't want to live in a lawless neighborhood without cops. >> reporter: >>"it is a very tough time to be a police officer at this moment. however, these men and women that are out there doing this job, and they're not going to stop doing it." >> >> reporter:since the death of houston sheriff deputy darren goforth friday night. brian mccullar has helped organize a vigil around pump #8. the spot where goforth was killed. he's seen the outpouring of grief. but he says he's also seen something else. >>"it is a great feeling to see what you see here and everywhere you look you see people talking to law enforcement giving them hugs and ah maybe this is the start to something different. maybe." >> reporter:maybe. these days, feeling optimistic isn't easy. >> reporter:ed lavandera, cnn, houston. >> diane: most of the club activity was thin in the san francisco peninsula. and even across the east bay shoreline. for the most part, things will clear up as you can see by 7:00 a.m.. by noon time, things will move off the coast given a clear sky. >> diane: temperature wise would not get as warm. they're like, flirting with '80s there. the cooler temperatures for the next couple of days and then i want is in place and time for the weekend. >> pam: still ahead.a heads up for parents. >> pam: that baby monitor keeping an eye on your child.may be controlled by hackers. >> pam: catherine is back with the story. >> pam: some of the most popular internet-connected baby monitors have a big problem. >> pam: that's according to a new report from a cyber- security firm. >> catherine: catherine heenan is here to explain.catherine? return to >> pam: >> catherine:every so often we do stories about how hackers are targeting baby monitors. >> catherine:they've used them to scream at toddlers.curse at their parents.and turn the monitors into spy cameras. >> catherine:so you'd think that there would be huge security measures in place. >> catherine:but a boston based company called "rapid 7" says that's often not true. >> catherine:a new report looks at nine baby monitors made by 8 different companies. >> catherine:researchers say there were design flaws in "all" of thein fact 8 of the models got an "f"..and one got a "d." >> catherine:they all had problems leaving the door open to hackers. for details on which baby monitors were tested -- we have a link on our website, kron four dot com. return to hey terry stop! they have a special! so, what did you guys think of the test drive? i love the jetta. but what about a deal? terry, stop! it's quite alright... you know what? we want to make a deal with you. we're twins, so could you give us two for the price of one? come on, give us a deal. look at how old i am. do you come here often? he works here, terry! you work here, right? yes... ok let's get to the point. we're going to take the deal. the volkswagen model year end sales event ends on labor day. so hurry in to your local volkswagen dealer today. >> gary: good evening! >> gary:a's taking on the angels at the coliseum this afternoon >> gary:sonny gray on the hill, worst outing since september 2nd of last year >> gary:top 1st / 3-0 angels >> gary:david freese slaps a single to deep right, david murphy scores angels score four runs in the 1st >> gary:bottom 1st / 4-1 angels >> gary:a's battling back in the phegley with a two-run shot to center cuts the lead to one >> gary:but albert pujols and the angels offense took over >> gary:top 2nd / 4-3 angels >> gary:albert pujols hits a two-run bomb to left-center, puts the angels up 6-3 his 555th career homerun >> gary:final: 9-4 angels pujols becomes 4th player to have ten 35-homer seasons in their first 15 years. >> gary:a's open a series with the mariners the day after tomorrow return to index of >> gary:former owner of the 49ers, edward debartolo jr. is a of the pro football hall of fame as a contributor. >> gary:debartolo was nominated today by the contributors committee. elections will take place next february - the day before the superbowl. >> gary:with debartolo at the helm, the niners won five super bowls and competed in 10 conference title games during the 1980's and 1990's. >> gary: time heals all. that will be attached to have him put in the heart-- to be put in the hall of fame. >> gary:raider nation couldn't be happier with their promising offense led by derek carr and 4th round pick, amari cooper >> gary:the 2nd year quartberback developed a strong connection this offseason. and fans are getting excited, nicknaming the duo "ac/dc" using their initials to reference to the legendary rock band. >> gary:carr was asked about the new nickname after practice today and had this to say >> it is pretty catchy creek i think someone thought about this before us. (laughter) >> such an enjoyable all season. (laughter) >> gary: real quick. i have to go to pam. is that true about brady and giselle? >> that >> pam: well, that is the speculation in the hollywood circle right now. >> gary: what are they eager basing this on?--what are they basing this on? >> pam: well, the woman w/the rings on in the photo. i do not keep up with all of this stuff. (laughter) the jim harbaugh era in ann arbor begins tomorrow when michigan kicks off the college football season. >> reporter: the journey back to a championship starts with three of four games on the run. >> is not who we play is how we play. >> reporter: unrealistic expectations are placed on any quarterback for now on grit but this could be cavan hogan's year after and the system starts for the season. >> reporter: his former team is priming >> reporter:intro >> reporter:"tough, relentless, power football. that is the identity of stanford. after an underwhelming 2014 season in which the cardinal went 8-5, head coach david shaw is hoping he has the horses this year to return to a pac-12 title." >> reporter:at an educational institution like stanford, it's easy to realize you never stop learning. >> reporter: four seasons, shaw's squad took an offseason course in adversity. and now the journey back to a championship begins with three out of four games on the road. >>"it's the mentality. we talk about the mentality of it. it's not who we play or where we play, it's how we play. so we focus on us. we focus on what it takes to win a football game. doing the right things, preparing to win. playing really hard and playing together. trying to start games fast and finish them hard." >> reporter:following andrew luck means that unrealistic expectations will be placed on any stanford quarterback be kevin hogan's year. after an inconsistent start the last three games with a 6-to-1 touchdown to interception ratio. [female announcer] if the most challenging part of your day is the staying awake part... 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[whispered] space as long as it's not too rainy. [whispered] rainy or windy. [whispered] windy or there isn't a branch in the way. [whispered] branchy welcome to the moment no one's been waiting for. the fastest internet and the best tv experience is already here with x1. only from xfinity. "the insider" from hollywood, your 24/7 celebrity conversation. >> hey! >> i have a beautiful wife that i love so much. always challenges for everybody. >> is the brady bunch breaking up? the new report that tom and gisele are suffering through a real off season. >> he's lashing out at gisele. >> who will get the better half of their $400 million fortune. >> i have decided to run for president. >> then kanye might want the white house, but is he prepared to take on the donald? >> and justin bieber's girl fight with lena dunham. why the show's creator is attacking his new video. then all hail magic michael. how he's taking all of hollywood's jobs. >> i play the orchestra. >> but will this be the year he takes home on oscar? now hollywood from the inside out, it's "the insider" together with yahoo! hello and welcome to "the insider." >> we begin with the top trending story. could tom brady and gisele's six-year marriage end in a loss? tonight, we go inside the brady bunch on the verge of a breakup? >> it's been such an enjoyable off season. >> federal judge could decide the fate of quarterback tom brady as soon as this morning. >> having a laugh at the expense of himself last night at a patriot's event, it now appears the deflategate stress is
administration. >> next week, congress will vote on whether to support that plan. the outcome will matter as much as any foreign-policy decision in recent history.>> i am heather holmes in for julie hang.>> it is being called a legacy for the presidency. today a 34th senator signaled her intent to vote in favor of the iran deal giving obama a no vote's to neutralize the opposition. the lingering question, is the deal a good one?>> reporter: that is still being debated. we heard opponents say it let's a ran off the hook. tonight, we spoke to an effort -- expert who concedes there are big risks either way.>> sen. barbara coal ski tips the scales in obama's favor, saying she would support the nuclear deal. this gives obama 34 votes. john kerry said the deal will ensure that iran's activity will face closer scrutiny. >> the united states and international community will monitor around nonstop, and you can -- foran nonstop -- in ran -- iran nonstop.>> reporter: -- >> the best estimates are right now if the supreme leader to dash to nuclear weapons capability, he would have enough material for his first bomb in 2 to 3 months. that's too close for comfort. >> reporter: prof. matthew crane and says there are risks. >> if a rand cheats -- iran cheats, we will catch them. >> reporter: at an afternoon rally, republican opponents say the issue is far from over.>> we are going to stop it overtime. don't quit. we are going to have more votes. this is not over.>> wherever this ends up, i know they will vote to reject the deal. >> reporter: this representative says he has difficulties on both sides.>> it is hard to trust and iranian regime that says that to america. having said that, i think the protections are real.>> reporter: he says there is concern the deal could encourage other countries to develop nuclear weapons. >> officials and another country -- and another countries were saying if you trust iran with that, why don't you trust us? it sets a precedent. >> reporter: congress will vote by september 17. >> we heard sen. graham say this is not over yet. what can opponents due to derailed this?>> reporter: there will be a big battle in congress, but there is also one other issue, a hot topic among presidential candidates. all the candidates say they would remote the deal if they took office. even if congress gets this through, we could see some changes in january if the republicans take the white house. a judge in baltimore refused to dismiss charges against six police officers accused of causing the death of freddy gray. protesters blocked traffic outside the courthouse, but there was no rioting that we saw back in april. the judge ordered the officers to stand trail. -- trial. they will be tried sector -- separately. freddy gray died from a severe spinal cord injury he suffered in a police van. the mayor says she expects calmness case moves forward.>> what you are seeing because of the way we have prepared and responded, i think the opportunity for unrest has been diminished.>> one person was was arrested outside city hall for kicking an officer. there has been another shooting on a bart platform in oakland. bart police say the man shot himself. he is hospitalized in critical condition. john sasaki tells me the police chief is defending his officer's response. >> reporter: the station was shut down for hours because of the shooting on the platform. while the investigation is ongoing, bart police know how it happen. >> they are saying the officer shot. that is not true. he shot himself. >> reporter: two officers saw the man smoking and told him to stop. they asked for his name and id and he was a basin and turned combative. he tried to jump from a platform to the street below.>> he is screaming and yelling that he wanted to kill himself. the fight became very physical. he started reaching in his waistband.>> reporter: the suspect is corey powell of union city, wanted on an outstanding warrant for an alleged burglary. he has a criminal record that includes armed robbery and weapons charges. >> they didn't see the weapon. he pulls his arm out, they knew he had a weapon when they heard gunfire. >> reporter: police all the evidence of the body cameras shows what happened. >> we also have independent video from another citizen. we have witnesses who watched the whole altercation go down.>> reporter: after the killing of oscar grant by a former bart officer, officers have been retrained is extensively -- extensively. that retraining helped in the situation. >> we are making sure officers are being trained in the best practices of the land. >> reporter: they expect him to be charged with a probation violation having been in possession of a handgun. wall street rebounded with big gains but didn't climb as high as it fell yesterday. the dow gained 200 the dow gained 293 points today after losing 490 yesterday. nasdaq and s&p also posted solid gains. analyst day prices may bounce around for a while as we await the fed's decision on interest rates. shares of netflix fell today as word came of new competition. hulu says it will offer streaming video without ads for $12 a month. netflix has about 41 million paid subscribers while hulu has about 9 million. in the past two days, netflix stock is down a percent. a group of small business owners are speaking out against proposition f, a measure that proposes new regulations for short-term rentals, including air b&b. the proposition would impose a 75 day limit on rentals each year. supporters say the explosion of short-term rental business is driving up the cost of housing. opponents say prop f would be bad for business.>> how would the proponents of prop f replace tourist dollars supporting these neighborhood businesses?>> a study by landy, group estimates air b&b guests spent $230 million in san francisco last year with half of that spent in the neighborhoods where they stayed, such as richmond.>> the debate is not limited to san francisco. the tiburon town council is deciding whether or not to ban any rental of less than 30 days. ken wayne live in tiburon where leaders are hearing complaints about visitors bothering residents.>> reporter: this is an issue that extended beyond the bay area. people around the world have been talking about how to control short-term rental situations. in tiburon, they are talking about a band. stunning views, pricey homes and peace and quiet, it's what brought david and his family from los angeles to rent a condo through a vacation website. >> we get it for a week. we decided it was quieter here, a nice view of san francisco. >> reporter: some other guests have been getting carried away in this upscale sanctuary.>> people coming in for a short people -- period of time don't know where how to behave, where to park the car, don't know about rules and regulations. >> reporter: the town council is voting to ban them rather than regulate them. no one can rent a home or room in tiburon for less than 30 days.>> to have lots of rules and regulations creates a difficult situation. council felt the best thing they could do to protect neighborhoods was to not allow it.>> reporter: the ban has the community. >> i am concerned with how much the government is intruding into our lives and property.>> they are not part of our community. it changes the complexion. you have a town of two cultures. the people who live. and the people who come here to party.>> reporter: tourism is a significant business here with shops and hotels catering to businesses -- visitors.>> i may not be coming back to tiburon. >> reporter: before tonight's meeting, it look like the council was split 3-2 in favor of the ban. after the public comment tonight, the council just decided to form a committee to study the problem further and come up with a solution.>> a little bit more debate on this issue to come. we know how any of the bands have worked in any other cities?>> reporter: that came up here tonight as well. this has been tried in laguna beach and sausalito and sedona, arizona, where one person said when the sedona city council -- decided to ban air b&b, it got disputed in a judge threw it out.>> thank you, ken wayne, reporting live. meet a bay area woman his passion is creating hairpieces with -- for underprivileged children. it's not just about replacing here but restoring confidence. patchy fog tonight. where the fog will be first thing in the morning and a temperature change in your forecast. they are billed as healthier than cigarette, but are they -- cigarettes, but are they bad for you? new at 10, environmental groups taking action against the cigarette makers after a study cautions that easy for users may be exposed to high level of cancer-causing chemicals. noel walker spoke to a leading expert, and she joins us live.>> reporter: this study by the end -- environmental health center is the first large-scale study of its kind. if you see e-cigarettes and think they don't look so bad for you, this study says they aren't good for you either.>> the stories popping up left and right. -- stores are popping up left and right.>> reporter: -- >> is getting popular really quick. >> reporter: a study out today warns there is danger in the air.>> this is a much more thorough study and extensive study than any of the work i have seen today. the study says a majority of the 97 he said products -- e- cigarette products had high levels of cancer-causing chemicals. the study says seven of the products tested had levels 100 times the safety level. >> they claim it is harmless, water vapor, they are safe, there are no types of chemicals at all. that's just a lie.>> reporter: the study takes issue with what he calls false claims. one ad claims keep yourself and your family healthy. >> a puff on an e-cigarette is not as bad as a puff on the cigarette, but it's still bad.>> i have been vaping for three years. it's great. is 95% more healthy than cigarettes.>> reporter: that has helped develop a taste for vaping. the industry is growing faster than regulations can keep up. >> there is no regulation. it's up to the consumer to figure out what's good and what's bad.>> reporter: it depends how you read the smoke signals. san francisco is among half -- the cities that has like a selection -- legislation. the center for environmental health who did the study says it will take legal action against the companies that it says have unsafe levels of toxins in their products but no warning labels for consumers.>> noelle walker reporting live from san francisco. thank you. éber is considering expanding offices across the bay. the business times says the ridesharing company has been meeting with developers and has toured office space in oakland. éber isn't commenting, but oakland had been trying to become a high-tech hub. this would be a coup for the city. speaking of expansions, the biggest casino in the bay area will get bigger. the casino in rota park is breaking ground on a new hotel and convention center. it will create hundreds of jobs. as rob ross found out, there are still critics who say it's not a good bet.>> reporter: green resort and casino, most weeks, that's where you'll find this regular.>> i win.>> reporter: green is the largest casino in the bay area. it is about to get bigger. a new hotel and spa is opening. >> it will offer something northern california needs badly, a convention center.>> more crime, more problems. >> reporter: chip worthington headed a failed grassroots attempt to stop the casino from being built. >> all over roanoke park, everyone knows there are break- ins and cars, houses, and crime all over the city.>> reporter: he claims the casino has been a magnet for prostitution. the sonoma sheriff's department says there have been about 600 reported crimes at the casino since it opened, including vandalism, drugs, and assaults, but says it's too soon to know if that's a lot or a little. police say robberies, burglaries, and car that's have increased but couldn't say whether the casino is a factor. >> anytime you bring in this amount of people to a community, crime will go up. the sheriff, we make sure that the sheriff's staff. >> reporter: this man lives in the shadow of the casino and came home to find authorities had chased a man with a gun to his neighborhood.>> he hid in a field next to me. that wouldn't have happened before.>> reporter: he says he doesn't mind having the casino or a new hotel.>> that one incident. i hope it doesn't happen again.>> reporter: the new hotel is expected to be ready in the year. and roanoke park, rob roth, ktvu new -- news. a wildfire burning out of control called the elk fire, and residents on white rock canyon road were told to evacuate, but that order was lifted this evening. it has burned 450 acres since three this afternoon. cal fire, the forest service, and crews from lake county are joining forces and have the fire 20% contained. they say the flames are moving away from the upper lake community. at the moment, the fire is burning at both state and federal land. there is no word on the cause. we have been tracking lake county conditions for the fire. here is a closer look at the system, showing the current observations. temperatures in the low 60s, you'll notice the moisture levels are really coming up. that ought to be a big help for fired crews in the region. this elevation, over 4000 feet, the up to 79%. that is a good sign that will help the fire crews tonight and into early thursday morning. in the bay area, close to oakland, we have patchy fog making a comeback. notice it's not too widespread. still patchy overpass that will increase in coverage the overnight hours. a live camera looking at the bay bridge. for the most part, partly cloudy skies. the flag getting a little bit of a workout. it was windy today. the wind was around 10-20 miles an hour. temperatures from this afternoon you can see the ranging from the 60s near the coasts to the 70s near the bay. the forecast headlines, we'll go with this. fog redeveloping, patchy fog redeveloping, cooler for thursday and friday. by the weekend, get ready for another warming trend, especially by sunday and monday. here we are with the expected cloud cover first thing thursday morning. coming up at 10:45, closer look at the forecast highs in your neighborhood. your labor day forecast, 90s will make a comeback. a search and 60 birds along the coast. the effort to try to nurse them back to help -- health. the giants have the worst possible outcome, and they have one more series left with the dodgers. the sierra lamar case finally moving forward. the developments in court today three years after an arrest. a third suspect wanted for killing a man was arrested. police say the third suspect is duane aguero. they say he wore a mask during the killing. he is 42 years old and is from san jose. security camera video from the 13th shows three-man in the office building confronting 38- year-old christopher wrenn who was later found dead. the other two were shot and killed by police in separate incidents 24 hours apart. police say they arrested a garo -- aguero and drugs recovered during the investigation. a trial date has finally been set for the man accused of kidnapping and killing with -- sierra lamar. we spoke with sierra's father who sees this as progress in his family search for prop -- justice. >> reporter: much of the reasoning behind a delay in a trial date is because prosecutors are seeking the death penalty. he is in court today. a trial date was set for april 25. nearly 3 years ago, garcia torres was charged with the murti -- murder of sierra lamar. according to stephen clark, the defense will do all they can to attack the prosecution. >> the april trial date should be viewed as an important day. it's clearly a placeholder date. that could actually greatly depending on the outcome of these pretrial motions.>> the first reaction was shot because i had low expectations -- shop -- shock because i had low expectations. i didn't think it would be set anytime soon. that followed by relief and, yes, glad we're making progress. >> reporter: sierra lamar's father says the process has been agonizing, and he plans to be there for the trial. all this is the official searches for lamarr ended in march. a small group of people continue to look for her every month. in san jose, annulled a smith. a man accused of a home invasion in dublin is asking to have key evidence against him thrown out. matthew muller appeared in court. his attorney wants evidence on his cell phone to be deemed is admissible. they say police used information on the phone without a search warrant. a ruling on the evidence is expected in about two weeks. protesters demanding action to prevent racial profiling. >> there were instances where i was pulled over by police. >> up next, the reason for a big rally at the state capital. how homeowners all right already -- are already cashing in on the super bowl. hundreds rallied at the state capital demanding agencies be more accountable when it comes to racial profiling. lawmakers are considering a bill requiring law enforcement to collect data on racial profiling. ken pritchett live with more on the legislation and why some say is overdue. >> reporter: larger police departments such as oakland and san francisco and san jose collect racial profiling data. that is not consistent with agencies around the state. advocates are demanding change. before the march on the state capital, many gathered this morning such as this group and san jose for a bus ride to sacramento to speak out against racial profiling.>> growing up, i experienced instances where i was pulled over by police and looks at suspiciously.>> reporter: on the grounds, they numbered close to 1000, demanding the governor signed a bill authored by shirley weber.>> this is not a new topic. if you are a person of color in california, this is an old topic. >> reporter: the bill would expand the definition of profiling beyond race to include gender, religion, sexual orientation, and nationality. the bill would require police departments to collect racial profiling data. data collected by san jose police showed black's and latinos made up two thirds of police stops last year. oakland police found disparities.>> the data showed us they were still stopping disproportionately black and brown citizens here in the city of oakland in ways that were not founded.>> reporter: ben mcbride is with people in proving communities through organizing. he marched on the capital today in question how many citizens think racial profiling in communities where departments don't collect data? >> we need to identify if they need more training, reform, or do officers need to be fired.>> reporter: this bill has passed the assembly and advocates expectable pass through the senate next week they want the governor to sign it when it reaches his desk. a public defender in san francisco has fired -- filed a suit against police for arresting her. in january, the public defender's office released cell phone audio as jamie tillotson was being taken into handcuffs. she asked why police were photographing one of her client's. police later apologize. she states her professional reputation has been harmed beyond repair. super bowl l is five months away, but some people in the bay area are trying to rent out their homes to out-of-towners who want to attend the game in the festivities. maureen naylor tells us the homeowners are asking for a lot of money. >> reporter: levi stadium will be home to super bowl l, but this can be your home during the big game for the right price. just behind us since this guesthouse.>> living room, fireplace, wi-fi, stereo. >> reporter: the owner is looking to rent the 1000 ft.2 space with two bedrooms during super bowl l.>> for the super bowl, we're renting for $2200 a night.>> reporter: that's right, $2200 a night.>> we have this space that they can keep for a month out of the year. it never hurts to get a little extra for my son's college education. >> reporter: he's not the only one. this listing asks for $35,000 to rent this four bedroom house for one week. we found someone trying to sell their existing motel 6 reservation in san jose for $650 a night.>> we are five months out. every month that goes by, inventory is going to go down, and as inventory goes down, the prices are going to go up.>> reporter: officials say hotels are just about sold out. rooms that typically cost $100 a night are going for seven times as much. andre says come game time, hotels from santa clara the san francisco will be booked. >> when you look at a super bowl, the hotels in the whole region traditionally sellout. a lot of people come to down -- town for super bowl. this is not a competition. everybody will get business. that's great for the bay area.>> reporter: is no surprise the hilton across the street is booked. a reservation agent recommended a hotel 3 miles away that costs 700 reservation agent recommended a hotel 3 miles away that costs $700 a night with a five night minimum and no refunds or cancellations. maureen naylor, ktvu fox 2news. next, joe biden appears to drop a hint about his plans to run for president. the bay area cooling trend continues. coming up, the coolest day of the week and the changes in time for labor day. a bay area hairstylists helps kids in need one strand of hair the time. -- at a time. two soldiers were injured today when a helicopter made a hard landing in colorado. the blackhawks from fort carson crashed in a forest in colorado this afternoon. the wreckage can be seen on the floor of the forest among several snapped trees. air ambulances responded outside the forest near the crash site and crews made their way to the scene. the cause of the crash is under investigation. joe biden paid a visit to a state that has been crucial in recent elections. he went to florida and raised speculation he baby scouting out the state if he decides to run for president. he dropped a hint during a speech. she said people who aren't willing to risk failing never succeed. the vice president also stopped in for a fundraiser for democrats later in the day. a bird rescue group is reporting an unusual surge in sick seabirds. the people at international bird rescue say that over the past few weeks, they have received more than 150 common birds in need of medical attention. most are malnourished chicks. experts say they dive into the ocean for food and they may be having a difficult time catch fish that are swimming deeper. >> these birds like baitfish for small fish. they seem to of gone deeper into the water. as the water warms, they look for cold water. >> scientists say whatever is happening to these birds is important because they serve as a key indicator for ocean conservation. the fairfield rescue group is also asking the public for financial help. the oldest survivor of the san francisco earthquake has died. she was just five years old when the quake struck in 1906. today, her daughter is sharing her story. beverly dunn said her mother remember -- remembered being scared and father picture up and ran her out of the house. she is the only known survivor still alive. a bay area hairstylist is restoring kids confidence when they have lost their hair.>> my goal is to make people feel whole again. >> how what happened to her in the past is fueling her passion to help kids in need. mike tamayo is tracking changes for your weekend. the forecast is for no minutes away. excitement is growing for in a more affordable -- a more affordable tesla. new attend, a bay area hairstylist using here to restore the confidence of kids who need it most. september is awareness month for childhood cancer and alopecia, the medical term for hair loss. >> this is a nice story. tonight, we are introduced to her hairstylist who has made it her mission to help children deal with the loss of hair.>> see how natural it looks?>> reporter: is a painstaking task but one that is done with passion. a few strands at a time, heidi otis uses donated human hair to make prostheses for children who have lost their hair from cancer, earn trauma, and other conditions.>> what you look like is important, especially the kids. >> reporter: a desire to help children came out of what she describes as abusive environment growing up>> i felt like i didn't want to live anymore. so i prayed to god and said, lord, if you are and now me -- allow me to get through this, i will always come back. >> reporter: she started making hairpieces using money from her own pocket. three months ago, she turned her passion into a nonprofit. eliana riegel is among the children otis has helped. the eight-year-old started losing her hair about three years ago and moms and doctors have it but able to explain why. >> on the first day of school, i was crying my eyes out. so bad. >> reporter: this is what she looked like when her hair was almost all gone compared to when she's wearing her hair piece. she tells me she was bullied by other children at school.>> i feel scared, but i finally got through it. >> reporter: with the help of a hairpiece came renewed confidence in support from moms -- mom, who also lost her hair.>> i had to be strong, because this little one is washing. that's it. you are going into the fire.>> reporter: brain caught -- cancer caused amanda nelson to lose her hair. >> i felt better about her -- myself i went to school. i felt normal, i felt like i fit in, like i didn't stand out from everybody else.>> my goal is to make people feel whole again. especially kids. >> reporter: keeping a promise she made to get back. amber lee, ktvu fox 2news. in weather right now, we have mostly clear skies of the most of the bay area. temperatures have been cooling off for the past couple of days -- over the past couple of days. a few patches hanging out near the shoreline. we have a good onshore breeze. that will help transport fog into the bay overnight. as you can see right now, for the most part, we are in the clear with partly cloudy skies. current numbers updated for 10:00. santa rosa, 62. san jose 64, san francisco downtown checking in at 61. wind speeds were up today. they are still up and found field -- in fairfield. you'll notice we have calm winds towards santa rosa. here is our live camera looking up towards the brain -- bay bridge. you can see the moon is 74% full. the fact that we can see it gives you an idea we have mostly clear skies. not much of a way of dense fog. patchy fog will regroup overnight. tomorrow, partly cloudy and breezy. the big labor day weekend will warm-up for sunday and into monday. first thing tomorrow morning, we're thinking lots of 50s across the bay area with partly cloudy skies patchy fog redeveloping right around the bay. this could be very patchy in nature by 6 am and partly sunny skies for the afternoon hours. not much in the way of a major heat. most areas cooler tomorrow. a bit of a breeze in the forecast of the short term. we will wide now the view. this area of low pressure sticks around. we will gradually warm up by the weekend, especially sunday and monday on labor day. look what happens on friday. we have rain showers and possibly snow showers for the northern portion of california for higher elevations above 7000 feet. that would be on friday. temperatures for tomorrow for thursday, not a big change from today, 70s, right around 80. san francisco, 66. the look ahead, your five day forecast, we warm-up this saturday, but sunday and monday, a big change with temperatures. i will mention overnight low saturday morning, a few spots in the north bay could be down into the 40s. a preview of fall coming up this weekend.>> labor day looks nice. stay with us. sports is next. a tough series for the giants. excitement growing for the affordable tesla. excitement is growing for tesla's next electric car. elon musk tweeted the model three will be unveiled next march with a price tagged $35,000, less than half the price of the model s, leading to speculation that the lower cost will increase the number of electric cars on the road. this was brutal for the giants, getting swept by the dodgers.>> three one run losses is exasperated. -- exasperating. mathematically alive, psychologically fried. a team bus making sure the guys get to the ballpark on time and healthy. this team will not be going to the playoffs this year. who are the giants? the giants down one-zero in the fourth. dodgers look for more. justin turner, that's a great throw to make sure they don't get any more. the sixth, giants grind off turner's glove. we have a tie ballgame. the bottom of the sixth, utley comes in hitting .213. two-one dodgers. that's the way it would say. frustration building. second consecutive night, bruce bochy and mike winters, those guys don't like each other. winters has ejected. give the giants credit, they do grind. two on, two out. bird is struck out. 132 pitches ties the pitchers career-high. all you can do is tip your hat to that guy. quite a talent as for the a's pitching staff, they are made up of, who's that? where did they get back i? how you pronounce his name? i will except sunny great. even he has fallen into the a's malaise. tough first-inning for great, gives up four runs to the angels. murphy right in the middle of it , got an rbi single. in the bottom of the first, we might have a slugfest. the a's come back, one on the board. josh begley, deep, his eighth of the year for free -- three. that's pretty much it for the a's offense. howard pool, this home run ties him with manny ramirez. 9-4 final. another week of football, fans, and you will be out of your preseason misery. the niners against the chargers, the raiders in seattle. it's all real after that. one of many reasons to look toward to the raiders season, a future hall of famer, hard to believe this will be charles woodson's 18th season in the nfl. he has come along way and picked up plenty of wisdom. >> when i came in, you could say i was hardheaded. the young guys now are the same way. you just hope that they can understand earlier better than later. you don't know how long you will be able to play the game before you ever get it. so like i say, try to do the right things, say the right things to these guys so they will have a good example of allah. time for voters to decide who goes to the nfl hall of fame. this might be you the year they get it right. one of the greatest honors in the history of the game nominated. the 49ers help create a dynasty, five super bowls in the '80s and '90s. there is still room in sports for harmless hazing. here is an example. the reds in chicago. the veterans watches the rookies are chased to starbucks to pick up a long laundry list of refreshments. the reds beat the cubs, so mild hazing.>> you don't see that everyday.>> thank you for joining us tonight. up next how modern family.>> tune in tomorrow morning for mornings on two. you can find us anytime on social media. have a good night, everybody. >> see you later. manny: morning, all. good morning, papí. hump day. am i right, jay? your day ends at 2:30. can't come fast enough. quitting time. am i right, jay? let's not make this a thing. whoa, whoa, whoa. where's my soft-boiled egg? i scrambled it. it's good for you to try new things. i don't want to try new things. you can't just spring this on me. i have bad news, manny. this is not the biggest curve ball that life is going to throw you. don't close yourself off from new things. i ever tell you the story about me and crab cakes? thought i didn't like them, tried them, love them. wow. are the movie rights available for that one?
it's back, but not for long. [ woman ] our guests go crazy for lobsterfest. my favorite entree is the lobster lover's dream. what's yours? come celebrate lobsterfest and sea food differently. >>. >> megyn: another viewer asking whether the governor in kelly's court to give him a pardon. that may fix the problem. we'll continue to follow it. i'm megyn kelly. >> shep: i would like to have a pardon on reserve just in case. >> megyn: i pardon you. >> shep: it's a done deal. the womb that lying over and over again and forgot she stabbed her boyfriend 27 times. she is really tell the truth today she says this time. plus the millionaire space tourist, details of new plans to send a human to the red planet. want to go to mars? he needs your money to make it happen. plus, there was blood everywhere. a witness account of a deadly great white shark attack. it's all ahead unless breaking news changes everything on studio "b", but first from fox at 3:00, she now admits she lied to everybody. jodi arias the woman accused of killing her boyfriend, slitting his throat now on the stand she wants to believe servicing the absolute truth. she has changed her story about the night she killed travis alexander. she claimed she didn't have any idea what happened to him and then some unknown masked intruders came in and killed him but finally she admitted she killed him for apparently dropping her camera. today the lead prosecutor kept up the attack on the defendant's credibility and in one line of questioning got jodi arias to admit she has been lying on day one. >> you are saying that you are not lying here yewh. >> but you are telling us when you spoke with the detective that wasn't true? >> yes. >> whatever you told him? >> some things weren't true. >> most things weren't true? >> some things weren't true. >> did you lie to the detective? >> yes, sir. >> did you like lie to him on few occasions? >> more than two. >> i'm talking about two dates? >> yes. >> you also lied to 48 hours? >> yes. >> did you lie to people in utah? >> yes. >> did you lie to daniel? >> yes, everybody. >> so you lied to a lot of people but you are saying because you are sitting in this courtroom there has been lar lack of a better term.... >> shep: but the claim she had a reason for lying. she was too ashamed and frightened about what would happen to her. a lot of the trial was x-rated not appropriate for television. adam housley watched it all. has the prosecutor made any headway trying to catch her in these lies? >> he has. you mentioned some of the details, very uncomfortable details. you can see that advice' family was uncomfortable about hearing the interviews where she goes through her relationship with travis. on defense he said she was sexually deviant but the prosecution is showing in her own words, she was a willing participant. he is making headway. >> shep: the prosecutor is getting up to the events leading deipt when she killed travis. >> four days on cross-examination how she left california in the northern part of the state and head south. leading up to the point where she killed travis. that pointed they are talking a rental car where she got hundred miles away, not in her hometown further down in redding and why she could do such a thing. >> you were afraid that police, whether includes the california highway patrol or someone driving down the street that they would focus in your car because you had heard that police give tickets in a rental car? >> i was afraid. i didn't want to shell out my money for a ticket. >> what the prosecutor is showing, she went hundred miles south and got a rental car so no one in her hometown would see her but she con tewdz she wanted a different colored car. >> shep: legal appoint this. heather hanson is with us. this would be a difficult one to defend? >> without a doubt. as difficult as it is, i think jodi has handled herself well. today has been a shift toward the prosecution in that regards. >> shep: she has to get past the fact she did a lot of lying. it would be appear to the surprise of prosecutor to everybody she lied? >> that is exactly right. she lies to everybody except to the people in that room. she has no choice. she has been caught in every lie that she had. she has to admit to the lies and say it was out of fear and fall back on this meek persona with the glasses and brown hair she was afraid of travis and afraid of the martinez and she lied because of that but now she is here to tell the truth. >> shep: she didn't have the glasses at all. on she had blonde air all this time was happening. she is staring at a couple of jurors it's my understanding while she gives this testimony. >> i think that is the case. sometimes you feel as though you have a certain connection with jurors. as an attorney you do and witness you may. she needs to connect to at least one of these jurors so at the very least they don't put her to death. she is up for the death penalty. so if she can connect with one of these jurors and make them feel bad for her she will have reached the goal. >> shep: i wouldn't if they are angry with her. this is day 12? >> you are driving the point on too hard. jurors are smart despite what some past verdicts come down. they don't need to be banged over the head. this is like at reality show that has been repeat, nine, ten, 12 days straight. >> shep: next is experts and if you think -- this is not uninteresting. you may be grossed out. you can go look it up, if you want. the experts are not going to be nearly as involving. >> i would think the experts will be less salacious, but at the same time you, attack an expert much more personally you can attack a defendant. with the experts the prosecution can really go after this ex per. he is dr. samuels and cross-examine him to him on the points and contrast it with her meek persona. >> shep: okay, thank you. >> extreme weather alert. deadly storm that clogged roads and cut power from the rocky mountains to the great lakes is headed to the northeast. three inches of snow could hit chicago today as it moves up to new england. up to 7 inches yesterday. delays in the windy city. in michigan, tens of thousands of people after eight inches fell in some areas of the state. detroit public schools closed today as the snowplows worked to clear away those slushy roads but clear the way the slush on the roads. janice dean and new england going to hit again? >> yes, the countdown to spring again, march 20th but the good news they are going to get more snow nor the ski resorts. let's take a look at this. snowstorm bringing record snowfall even chicago got a daily snowfall record yesterday. hurricane-force winds, 84 mile-an-hour winds. this is still cranked up and seeing the snow flying across chicago. delays at chicago' o'hare, all the airports in the northeast you can see the snow fly and windy conditions. it's going to be with us for the next 12-24 hours. low pressure you can see the counter clockwise flow bringing snow flurries across the snow flurries and then you see the snow flying for the mountains and going to linger throughout the night and in to tomorrow. cold temperatures will sink southward and cold air is going to be our story over the next week or so dipping as far as south as florida. let's take a look where we're going seat heaviest snow totals. certainly across the great lakes and mountainous regions, vermont new hampshire and maine, the skiers are loving it. >> shep: in miami, 50s? >> it's going to be cold as far as south in miami. >> shep: they better bundle up. into fox news, look at this, the dow is up 173 points today. more signs that the housing market is recovering. discount retailers, dollar tree posted huge earnings and strong improvements in the debt crisis in europe. dow is up nearly 7% since the start of this year and is about 1% from the record close of 14,164. that was recorded in october of 2007. a great day for your 401-k. >> years before the 2010 gulf disaster, british newspapers reported tony hayward said his company was being too cautious. a court heard what he had to say after his company dumped millions of gallons of oil into the water. that is next. plus, more signs that the white house may be leaving the sidelines in theory and walking right onto the field. does that mean military intervention? that is coming up. 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[ crunch! ] ...in new a little biscuit. sme! ohhh bring it in! ooohhhooh! >>. >> shep: a star witness in the trial against bp, oil giant's former ceo tony hayward. satd same man that said he wanted his life back as millions of gallons gushed into the gulf of mexico. today the judge watched his taped testimony. it showed a lawyer grilling him before the disaster back in 2010. tony hayward the money saving moves didn't make a difference and was not to blame for the oil blowout. if found negligent in the civil trial, bp could be on the hook for billions of dollars. it pleaded guilty in the criminal case and paid $25 billion in cleanup costs. bp argues it shouldn't be alone in shoulderering the blame. casey stegall is live in new orleans. what else did on our man tony hayward have to say? >> it was brief. about 20 minute deposition that was played before the judge today. he had his glasses on his head. he looked exhausted and frustrated at times. the news media not allowed to broadcast any part of that deposition that was done in london back in june of 2011. the former bp head was questioned by the department of justice and counsel representing the other plaintiffs in this case. they were trying to basically show his casual attitude toward safety and he didn't have the victims' best interests in heart. part of that transcript was shared in court where hayward was asked if the blowout could have been averted if bp had implemented the safety management program in the gulf. his answer, there is possible potential. >> shep: from whom else do we expect to hear today? >> the morning started with lamar mckay the former chairman of bp america that was on the ground here the lead american on the ground. he argued that the deep water had a good safety record prior to this catastrophe. he also said that we've apologized. we've accepted responsibility, we agree we are part of the cause, and then another taped deposition from a man named kevin lacy a former senior president of bp and he said there was tremendous appreciate within the company to cut costs. more than 50 additional expert witnesses are expected to take the stand in the trial in phase one over the next several months potentially if there spo settlement here. >> shep: casey, thank you. >> the guy who became the world's first space tourist says he wants to send humans to mars in the next five years with no government help. a lost experts say he could actually pull it off. the big announcement and the details you'll need to know, that is coming up. 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[old english accent] safe driver, multi-car, paid in full -- a most fulsome bounty indeed, lord jamie. thou cometh and we thy saveth! what are you doing? we doth offer so many discounts, we have some to spare. oh, you have any of those homeowners discounts? here we go. thank you. he took my shield, my lady. these are troubling times in the kingdom. more discounts than we knoweth what to do with. now that's progressive. thyou eat less...ing weiyou lose weight.et. it's a great plan... until you get hungry. that's the time to take slimful. one tasty 90-calorie slimful and a glass of water satisfies hunger for hours making it easier to eat smaller meals, and resist snacking. your friends might think you found the secret to losing weight. but it's no secret... it's slimful. eating less is a beautiful thing. >>. >> shep: 20 minutes past the hour, rich boys and their toys. multimillionaire is trying to raise billionaires so she can send people to mars. his name is dennis tito. the world's first space tourist. he paid the russians $20 million back in 2001 for a trip to the international space station. he seemed to have loved it. today he announced he is working on sending a man and a woman on a 501 days on a spaceship that would whip back mars and swing back to earth. if he can pull it off, it would be the first time that humans sailed past the earth's orbit since apollo mission back in 1972. molly henneberg has the news. how will he raise that money and who is going on the mission? >> he wouldn't give a precise cost estimate but try to raise the money from businesses, individuals and media organizations that would want access to the crew and pictures from this trip. the two crew members will be a man and a woman who are married. let's hope they like each other because they will be living in a space capsule, 600 feet of cubic space for a 17 ms. round trip to mars. they are not expected to step on mars but come within hundred miles of it and come back to earth. one of scientists working on this mission says everything that crew will need for 501 days will have to be in that space capsule if and when it launches including food, water and breathable air. >> drink the same water over and over again, breathe the same oxygen over and over again. that the crew drinking water will be recycled from urine and perspiration and filtration systems and drink the same water every other day. >> the crew would have to accept an increased cancer risk because of all the radiation they would be exposed to in space. >> shep: it sounds perfect. when does he plan to try this thing? >> january 5th, 2018, a very specific day dated. earth and mars will be close to to each other and here is what he had to say. >> let's go for the 2018 opportunity, the planets realign every 15 years and who wants to wait until 2031 because by that time we may have company. >> he says while he would have loved gone to mars, he was not going on this mission. >> shep: molly henneberg, thank you. >> corey powell the editor of discover magazine. so drink the same water over and over again, breathe the same air you may have a higher cancer risk? >> yes, there are a lot of people who would line up to do that. he already has volunteers, people in bio sphere 2 project. he has volunteers from there. so there is no shortage of people who would line up to do a mission. >> shep: 501 days? >> it would be going down on the surface. it makes it less exciting but technically a lot easier. >> shep: this would have to have be a small capsule? >> that is the other problem. even a small capsule, its long trip. you need a big rocket and we don't have the rocket to do that just yet. there a company called space x, one of the private space companies and they are working on rockets like that. but tito is betting the technology will be there by the time the deadline catches up with him. >> shep: you know what it sounds like -- hogwash. there some on rocket. you got to drink your own ier inand stuck in a capsule, husband and wife team, that guarantees almost near disaster right there. it sounds like something to filled three and a half minutes of cable news time. >> part of his theory this is something that can be a self-fulfilling prophesy, not all the rocket companies have publicity. they have a promise of funding. now, he can not only get money from, say, corporate donors but the national geographic society and red bull and all those things. he is gambling by force of will he can make it happen. he has chosen, its smart way to do it. there is a off the shelf technology and is not technically impossible, but does it require all the stars to line up the right way. >> shep: i'm thinking 501 days of maui and doesn't cause a billion dollars. let's shoot for that. >> part of the argument is an education venture. that on to me is most exciting part. >> shep: an education in maui. look at this now. look at the big board. dow is up 204 points today we've just gone over the 200 mark. we are on the way toward the highest -- if it closes, highest close, what was it? 14,100 and stand by. 14,164 is the all time high. you remember a couple days we were all worried about italy. they rejected austerity. they had an election and they said, no, you people need to cut spending are crazy in the middle of a crisis. that is what the italians said and we don't want your austerity. take it somewhere else. all the markets, went down. then we recovered and look at it today. next time they tell you everything is horrible, tell them it's not because it isn't. >> an award winning film director is dead after a vicious shark attack. and the 14-foot shark may, quote still be on the loose, unquote. what they meant by that is, the shark may still be in his house that people sometimes visit. we'll show you where it happened and surprising new study that a popular flu vaccine could be caused debilitating sleep disorder. maybe everything is offer but not the dow, the dow is fine and so is maui. look what mommy is having. mommy's having a french fry. yes she is, yes she is. [ bop ] [ male announcer ] could've had a v8. 100% vegetable juice, with three of your daily vegetable servings in every little bottle. i'm up next, but now i'm sging the heartburn blues. hold on, prilosec isn't for fast relief. cue up alka-seltzer. it stops heartburn fast. ♪ oh what a relief it is! >>. >> shep: i'm shepard smith and this is studio "b" and it's the bottom of the hour, time for the top of the news. the water was running red. that is quote from a witness who watched a man fight off a monster shark. only to have it come back and kill him. it happened today in new zealand news choppers spotted him and it's up to 14 feet long and probably a great white but can't be sure. witnesses say it went after a swimmer after a struggle and then came back with a vengeance as the tourist put it and landed the deadly attack. police immediately went after the shark firing shot after shot into the water. the victim's blood still -- or i should say the victim's body clenched in that shark's jaws. trace gallagher is in the west coast newsroom. how far off the shore was this victim? >> about 500 feet and investigators believe there may be three sharks that were out on the water feeding on birds and fish and this man actually swam right into the middle of it. when the police helicopter spotted the shark, he was still attacking the man. the fisherman that was nearby witnessed the entire thing. >> yelled out a shark. then we saw him like rolling around, blood everywhere in the water. it was like one shark but all of a sudden up to five or six after that. it was like three sharks all with him rolling around. >> reporter: when the police arrived on the scene they shot the shark about 12 times. shark still had the man in its jaws before letting go. the man has not identified adam strange as well known tv and film director in new zealand. in fact one of his films won the best film at berlin film festival. >> shep: there was a shark sighting before this happened? >> a a great white shark and he went up and reported to authorities because shark sightings are so rare in new zealand, nobody believed him. last confirmed attack was 1976. minutes before the attack there were hundreds of school kids who were swimming just a few feet away from where the attack happened. as you said it's not confirmed to be a great white shark but a local marine biologist, he has a pretty good guess. >> a white shark in this instance, in reality the only sharks around new zealand is big as a person would be a great white. >> reporter: there were 80 shark attacks worldwide and seven of them were fatal. ten years prior to that they had an average of about four fatal attacks per year. >> shep: trace, thanks. with us a man who knew the victim. ken jago is on the phone and he is in new zealand and i understand you had a service for the victim today? >> that's right. we just five minutes walked off the beach. we had a ceremony to lift what we call a papoo a ban activities on the beach in the water until it's been cleansed. adam's family and the local community and friends all gathered down there at dawn. we've had an hour, hour and a half of prayer and just to lift the papoo. >> shep: adam was there enjoying dated or what he was he doing? >> adam was training for a long distance swim, it was a fund-raiser swim for charity. there weren't that many people involved in it but out in the ocean, but he was surfing or swimming. amazing thing, there were dozen other people within 200-meter radius also swimming and surfing. he had a swum over to some of them and spoken to them and laughed. he carried on his training swim. as you correctly reported and swam right into the middle of a feeding frenzy. >> shep: you mentioned he loved the ocean. had he talked about sharks, did he have concerns about them? >> he never talked about them. we all live on this piece of coast. we've never had a shark problems here ever. we just dismiss them as things from movies and books are all about. this is sudden correction in our thinking. >> shep: how is family doing? >> amazingly strong. adam's mother flew late last night and his wife and young daughter and mother-in-law has been with us today and couple brothers and sisters. the ceremony that we've been through was all for them. they've been at the forefront in putting on a brave face in quite extraordinary circumstances. there is a lot of media interest down here, all the tv stations camped out on the beach and international media such as yourself and from britain sharing a lot of interest. we just have been shielding them from that so they can get along with their grieving. >> shep: all the goes them and all of you. thank you. well, a special honor for rosa parks. she got recognition in washington today. at the same time the legislation that guaranteed rosa parks the right to vote got a strong challenge as one website put it -- 1964 all over again. well, we'll report, you decide. that is coming right up. 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[ male announcer ] call right now to receive your free dvd and booklet with no obligation. it answers questions like how a reverse mortgage works, how much you qualify for, the ways to receive your money, and more. plus, when you call now, you'll get this magnifier with l.e.d. light absolutely free. when you call the experts at one reverse mortgage today, you'll learn the benefits of a government-insured reverse mortgage. it will eliminate your monthly mortgage payments and give you tax-free cash from the equity in your home. and here's the best part -- you still own your home. take control of your retirement today. ♪ ♪ [ female announcer from more efficient payments. ♪ to more efficient pick-ups. ♪ wireless is limitless. >>. >> shep: today a capitol hill they paid tribute to a civil rights icon and they made also a historic civil rights law. first to the cabinet where they unveiled a statue of rosa parks. she became a hero of the civil rights movement when he refused to give up her seat in segregated alabama. it marks the first time that a black woman has received that honor. rosa parks would have turned 100 years old this month. we do well by placing a statue of her here, but we can do no greater honor to her memory than to carry forward the power of her principle. >> shep: at the same time at the unveiling, justices were hearing argument surrounded the voting rights acted. part of that is states to ask the feds for permission before making changes to voting laws. you see the states highlighted here but one alabama county is challenging that part of the law arguing that it's no longer necessary. shannon is live at the supreme court. what is the counties' a argument to get a pass here? >> the voting rights acted was passed back in 1965 and the county koong has made. these specific counties and states that is covered by the obligations have come a long way and they shouldn't have to pay a price to be under different obligations than the rest of the state. they are calling this unconstitutional. here is the counties' attorney. >> you can't change your election law unless the attorney general says it's okay and if he doesn't say it is okay you have to come to washington as the developing judge in the court of appeals said hat in hand to beg the federal government for the exercise. >> reporter: supporters of the act there is discrimination across the jurisdictions and act is very much needed. >> shep: it sound like it got heated there today? >> they did. we are used the justices giving a lot of feedback but today was one of those rare cases where the justices actually addressed comments to each other, challenging each other on the bench. let me tell you about one of the statements that got the most attention. it sparked a lot of attention and almost a gasp from some in the courthouse today. justice scalia says when we adopt racial entitlements it's difficult to get out of them through the normal processes. then they say, are you saying the right to vote is basic entitlement? here is how he responded after the case. >> let be clear, the protection to right to vote is an american entitlement. it is a democratic entitlement. those who would seek to use incendiary from the bench of the supreme court should think twice about their place in history. >> reporter: it was a hot day inside and outside the courtroom. we expected a decision by june. >> shep: shannon, thank you. a finally farewell to a flock of more than one billion followers. pope benedict speaking in the public for is last time before leader of catholic church before he resigns. he will go into at the including. he said goodbye to a crowd of 150,000 who jammed into st. peter's square, many who waited for hours. he will be the first pope in nearly 600 years to step down from the position. today he asked the faithful to pray for whichever cardinal takes his place. >> in faith and health through god for the rest of our lives and.... >> shep: the next pope could be any of the cardinals including cardinal dolan who arrived in rome, but observers say he is quite a long shot. jonathan hunt is live at st. patrick's cathedral. what else did the pope have to say? >> it was unusually personal speech. he is a pope that is known more for his professor yal style. he appeared to be happy, enjoying a victory lap around the vatican saying goodbye to many of those who turned up. he talked about the joy he had felt being pope but at the same time he also appeared to be relieved to be stepping down. listen. >> deeply grateful for the understanding and support and prayers of the many of you here and around the world. decision i have made in god's will and deep love of god's church. i will -- >> reporter: the pope recalled back in 2005 when he became pope he told god you have placed a great burden on my shoulders. in less than 24 hours now, that burden will officially be lifted. >> shep: what happens now, john? >> reporter: tomorrow morning his next appointment will be to meet with the cardinals who are already in rome. as you mentioned cardinal timothy dolan is one of them. listen. >> on thursday we will there and literally saying goodbye. then i think it will sink in, oh oh, what are we here for and that will be saw some. >> reporter: after that meeting the pope will be flown by helicopter to the official residence. there he will make what will be his last public appearance as pope waving to the crowd expected to be there from the balcony. then, of course, it's over to the cardinals. the college of cardinals will meet on monday. that is when they will decide when the conclave begins, the conclave, of course, being the meeting during which they decide who will be the next pope. there are odds makers taking bets on this. they have an italian and one other as front runners. >> shep: doctors tell us, i should say, the white house today said it is going to give more aid to the syrian rebels in an effort to speed a political transition fighting a brutal civil war. white house says it is still providing only non-lethal or humanitarian aid but they appear to leave the door open in the assistance we're giving to the syrian opposition. >> we are focusing our efforts on helping the opposition be more stronger and more organized. as part of this effort wcontinuy feasible option. >> shep: they report that the white house is considering a plan to send the rebels body armor and armed vehicles and possibly provide military training. >> john kerry is in for a conference. he suggested that the united states is working to ensure that american aid does not fall into the wrong hands. >> doctors tell us it is just a myth about thaflu shots can make us sick. well, now there is word those shots could be linked to a rare disorder in children that they'll have for the rest of their lives, could be. the details are in important here and we'll have them for you next. [ male announcer ] this is sheldo whose long day setting up the news starts with arthritis pain and a choice. take tylenol or take aleve, the #1 recommended pain reliever by orthopedic doctors. just two aleve can keep pain away all day. back to the news. >>. >> shep: researchers are linking the flu shot to sleep problems for some children, a have a rare disorder that will last particular kids the rest of their lives. study is out of great britain. it claims that a version of the swine flu vaccine might cause narcolepsy in children. it's the immune problem that causes the body to attack its own cells leaving people tired. doctors gave out 30 million doses of shot in 2010. thousand glaxo-smith-kline reports more than 800 cases linked to the shot in europe. it comes after health officials reported that this season's flu shot is effective only in 56% of the time. it largely fails to protect the elderly especially deadly strain but only 6% of effective. now, joining us is dr. mitchell brooks. i want to start off by saying, this has nothing to do with the flu shot that is out there now and everybody ought to get the flu shot, right? >> precisely so. the flu vaccine that was utilized in europe is has not been used in united states. that is important to emphasize. >> shep: since we now know we're not talking about anything going on in the united states or anywhere in europe, but this particular shot that happened way back then, narcolepsy in kids? >> it certainly rare. the numbers are very small. maybe one in 57,000 people. so tiny numbers. we're really not sure. you can't say the pandemic causes the narcolepsy but the panderix may be linked to the narcolepsy and genetic predisposition in these children to narcolepsy and they had to particular strain of flu virus. so we're talking about very, very specific parameters. >> shep: back to the flur that is going on in the united states. into the fun one. i don't know anybody who has taken a flu shot that has gotten the flu. that said, it not working well on the elderly and wonder why that is? >> i'm not elderly but i got the flu shot and it didn't help me. the reason is because not everybody has the same response to the flu. the issue is, do you take this and take a chance that you may or may not get the flu or take it even the higher chance you'll get the flu. in this particular strain, we're talking about one in five to one in 20 people getting the flu. if you've got conditions like heart disease or lung disease, into the smart idea. like my grandmother said, it's a good thing to do. >> shep: nice to see you. dr. mitchell brooks, family practitioner and radio talk show host. >> pair of thieves break into a jewelry store and 81-year-old store owner is going to have nothing of it. hang on now. to angie's list first. you'll find reviews on home repair to healthcare written by people just like you. with angie's list, i know who to call, and i know the results will be fantastic. angie's list -- reviews you can trust. as well as they could because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. my doctor recommends citracal maximum. it's all about absorption.
>> gretchen: real estate guru bob massi tomorrow seminar from florida. register, rebuilding your dreams at foxnews.com. >> steve: bobby dean and maria in the after the show show. martha: sounding the alarm on america's spending problem. the non-partisan congressional budget office says we are in for a massive and unsustainable increasing deficit if we don't get a handle on entitlements. good morning. glad to have you with us. gregg: the cbo is saying it deficit will go down to $840 billion. that's the first time it will drop a trillion dollars under president obama. martha: but with baby boomers retiring at the rate of 10,000 people a day. entitlement spending is set to explode. stuart, as we pointed out, there is a lot of enthusiasm that we won't rack up a trillion dollar deficit. >> reporter: the headline was all about the deficit is going to be below a trillion dollars. that's great news. the bad news and there is a lot of it. the next 10 years medicare will cost $1 trillion a year. obama-care subsidies will total nearly a trillion dollars. the cost of medicaid will double and the debt will go to the highest portion of tour economy than it's been in a generation. there is dismal views on the current state of the economy. 1.4% growth this year and the unemployment rate will rise at 8% and stay that way for years to come. martha: the cbo makes very clear we need to do some entitlement work and recraft these programs if we want them to be our for our children. why does the administration not appear to be too concerned about doing that. >> reporter: you have to ask, is deficit reduction a priority of the obama pad min straition? it doesn't seem like it. just yesterday the president was trying to avoid the big spending cuts. he's trying to avoid that. there is a faction within the democrat party that says debt doesn't matter, we have beaten it. whether that's true or not. deficit reduction is not a priority. martha: the president believes the economy is getting back on track. so let the folks decide. stuart, thank you very much. gregg: according to the cbo. by the end of the year the federal debt held by the american people will be 76% of the gdp and it doesn't get much better from there. martha: the cbo also predicting unemployment will be with us for some time to come. here is the director of the cbo. >> under current law we expect the unemployment rate will remain above 7.5%. that would make 2014 the 6th year in a row with unemployment so high. the longest such period in 70 years. martha: the unemployment rate has been above 7% since december of 2008. and most recent monthly number ticked up from 7.9% from 7.8%. not a good trend. when you look at some of these numbers it makes it a tough argument for economic recovery. but the president remains convinced we are starting to see it. gregg: poverty is up. incomes are down. so the arrow is going the wrong way. in the meantime president obama is asking republicans to delay spending cuts with more tax hikes. there are some liberal democrats who say republicans just want to gut the social programs. >> it's time we take off just the green eye shade and look at the people behind the cuts that have been made. $600 million cuts to community health centers. that's talking about taking food out of the mouths of babies. i would say mitch mcconnell is a bully. gregg: will republicans go for president obama's deal? martha: there are some tough new questions for the white house after a memo surfaced that lays out the case for targeting u.s. citizens overseas when they believe they are a threat to our country. the critics say it allows the president to be the judge, jury and executioner on americans. now there is a group of senators who say they want answers to this, and if they don't get them the president's nominee for cia and defense could be held up. >> we conduct those strikes because they are necessary to mitigate ongoing actual threats, prevent attacks and save american lives. these strikes are legal, ethical and wise. the u.s. government takes great care in deciding to pursue an al qaeda terrorist, to insure precision and prevent loss of american lives. gregg: peter doocy joins us in washington. >> the first thing an american citizen has to do to be targeted is associate themselves with al qaeda operations. when they do that the juts is department says that out weighs their right to due process. >> we say that we only take these kinds of actions when there is an imminent threat when capture is not feasible and when we are confident we are doing so in a way that's consistent with federal and international law. >> reporter: a secret justice department memo makes sure there does not have to be a known plot, just an imminent threat to target a citizen aligned with al qaeda. the first to be targeted was anwar al-awlaki. we heard republicans and democrats come out in the last 24 hours and say they don't think decisions about executing u.s. citizens should be made secretly. >> you have a senior unaccountable d.o.j. official that makes the determination recent activities makes him believe we are in imminent threat and you can send a drone to kill him. i'm troubled any time government is as non-transparent as this. >> reporter: tomorrow john brennan will come to capitol hill for the senate confirmation hearing. he was president obama's number one counter official terrorism official as the drone protocols grew. we expect to hear u.s. senators bring that up at his confirmation hearing. gregg: the question being asked today, what if president bush had done this? some say he would have been raked over the coals big time for his. martha: the city of charlottesville, virginia is the first city to pass resolutions related to drones. originally they tried to make me charlottesville a completely drone-free zone. it's a big issue in this country. gregg: we are learning new details about the end of that hostage standoff in alabama. authorities say accused killer jimmy lee dykes rigged his bunker with explosive and even planting a bomb device in a ventilation pipe that he told negotiators to use to communicate with him. the feds continue to scour dykes' property for more evidence. meanwhile, relative say the child appears to be doing quite well. his mother released a statement. ethan is safe and back in my arms and i owe it all to some of the most compassionate people on earth. i'll never be able to repay those who helped bring ethan home. my family and i ask that you respect our privacy and give us time to heal and time to put this nightmare behind us, time to move forward. martha: thank goodness that worked out the way it did. there was a spoim warning that was can -- there was a tsunami warning canceled overseas because a magnitude 8.0 earthquake struck in the solomon island. it triggered a series of relatively small waves. they are located in the so-called ring of fire which has the most volcanic activity in the world. gregg: it looks beautiful, but how would you like to live in a ring of fire. martha: the tsunami alert has been thwarted. some new problems for lance armstrong. reports that there is a new investigation that could lead to some serious charges for him. gregg: criminal charges. forecasters from predicting a blockbuster storm. the question is, is it head your way? martha: new allegations of crony capitalism as a big donor and friend the the white house just received a massive contract to give high-end smartphones to the unemployed. but does the program work? remember this from the last election. >> everybody in cleveland got phones. he gave us a phone. you sign up, you got no income, you get disability. hey, our salads. 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[ male announcer ] while some companies are new to homsecurity, adt has been helping to save lives for over 135 years. we have more monitoring centers, more of tomorrow's technology right here today, and more value. 24/7 monitoring against burglary, fire, and high levels of carbon monoxide starting at just over $1 a day. now our best offer has been extended due to popular demand. installation starting at just $49 -- a savings of $250. adt. always there. gregg: police in texas release the chilling 911 call that led them to the sniper. the sister made the call after her brother reportedly confessed to murder. >> my brother just came by here. he told me that he committed a murder. and i'm terrified for my life. i don't know if he's going to come back here. gregg: ralph is a 25 year old iraq veteran being held on murder charges. martha: cell phone company tracphone will be giving out free phones with internet service to help low-income job seekers find work. bu the first time the president has given a business deal to one of his so-called cronies. it was a practice he promised to get rid of it. >> the days for sweetheart deals for halliburton will be over when i'm in the white house. martha: jonah goldberg joins us. you know, i think that these kind of deals have happened over and over and over again. but the difference is that president obama made it very clear in the election he wanted nothing to do with this kind of thing. now you have a good friend of his, the ceo of tracfone is a frequent visitor to the white house and they have got a pretty good deal out of this one. >> president obama said no more sweetheart deals for halliburton. he didn't say no more sweet hurt deals for tracfone. it's a pilot program. this program which i think is constitutionally dubious to begin with. the fcc should not have the power to raise taxes by itself. but under this program it's supposed to be for under privileged poor people and unemployed people to learn typing skills and write resumes and they will hand out smartphones which i think is not great for typing out resumes. martha: the program supporters say it's a way for the unemployed to learn technical skills to prepare their resumes and search for jobs. but one of the pilot projects went to this tracfone wireless company that president obama is closed to based on their visits to the white house. whether these programs even work, i think everybody would say great. if it gets people jobs and it's truly helpful you could make some good argument for that. but it doesn't appear it does. >> i'm not shire would be entirely in favor of these giveaways if you can prove they work. why are we turning libraries to train people with if the whole idea is to stay on the couch and play with their smartphones and play doodle jump. my friend and muck raker tim carney says whenever the government gets involved in a new business the well-connected always win. this is a classic example of this. this company owned by a mexican mobile giant 'tise 'tis of -- advertises incredibly aggressively saying do you want a free phone. if this program takes off the company is set to take in $100 million a month from reimbursements from the government. martha: it raises questions about a growing entitlement society as well. the gifts from the government is a way to keep people unempowerred. >> this goes to obama's core philosophy which we heard in the second inaugural and nancy pelosi who called unemployment a jobs bill. positive liberty is when the government gives you stuff that lets you be all you can be. that's what obama talked about in the second inaugural. he said all these programs liberate people to be entrepreneurial. my suspicions if you give them free this, free that. it doesn't make them entrepreneurs but it makes them dependent on the government. martha: thank you, jonah. always good to see you. he's a poet and doesn't know it. gregg: another day of dramatic testimony expected in the ex-girlfriend murder trial. she changed her story over and over again about her former boyfriend's death and her latest version of events. save her from the death penalty. >> we talked about it and basically our relationship was over and it was kind of sad. eat good fats. avoid bad. don't go over 2000... 1200 calories a day. carbs are bad. carbs are good. the story keeps changing. so i'm not listening... to anyone but myself. i know better nutrition when i see it: great grains. great grains cereal starts whole and stays whole. see the seam? more processed flakes look nothing like naturalrains. you can't argue with nutrition you can see. great grains. search great grains and see for yourself. for multi grain flakes tt are anxcellent source of fiber try great grains banana nut crunch and cranberry almond crunch. martha: she suffered a terrible crash. word now that olympic ski champion lindsey vonn is out for the rest of the season. sheer to ligaments in her right knee and suffered a broken bone. it's a slow motion replay of what happened yesterday. what a tumble for lindsey vonn who is such a great ski champion. the hope is she'll be back on the slopes. this an optimistic hope. for october in the world cup she says she is grateful for the outpouring of support and looks forward to competing as quickly as possible. she hopes to be in tune for the sochi olympics. she has a year to rebuild. gregg: her story has changed. more dramatic testimony in the case of jodi arias reportedly after he ended their relationship. her appearance is now different from when she was dating alexander. but it isn't just her looks that have changed. her story has changed. during an early police interrogation she denied killing him. about a month later she claimed he was here he would back up that zwroir. september 2008 her account changes when she claims she witnessed two other masked people killing alexander and this week on the witness stand she admitted she killed alexander but claims it's self-defense. adam, she was on the witness stand all day again yesterday. and she said a lot of things about her relationship with travis. what did we learn? >> reporter: the defense team is methodically going through just about every relationship she had since high school trying to show her as level headed even when she claims one past boyfriend tried to choke her. and some difficult times growing up in her household. the defense is trying to paint her as someone able to handle it. then they started talking about travis alexander's relationship with jodi trying to show that he was someone controlling. take a listen to this snippet from court. >> mr. alexander motivated you to break up? >> it was about my life and career and direction of my life. it made me step back and take a look at where i stood and where i was going. >> reporter: there was graphic testimony talking about the relationship. the theory is as they move through today she'll start to show him as more controlling and someone who beat her. gregg: her appearance is strikingly different from her earlier life. there she is on the left-hand side. do we have any indication how much longer the defense is going to go on direct examination? the real fireworks will be cross-examination. >> reporter: everybody is waiting for cross-examination. we expect the defense to rest today. that is the theory. they are very methodical in the way they are laying this out, trying to portray her as being this calm individual. they have three or four major holes in their story. they say that, hey, if you are going to skill somebody, why would you split them from rear to rear, and drag the body around the house. everybody is waiting for that to happen and that could begin midday today. gregg: prosecutors love these types of cross-examinations with a witness. >> reporter: so do court observers. martha: a showdown over spending cuts that are weeks away. the president says he needs more time to come up with a budget. republicans say time is up. kevin mccarthy joins us in america's newsroom. gregg: he has taken a beating in the court of puck opinion but lance armstrong could soon find himself in a real criminal court facing prison time. we'll tell you the new charges he could be facing. 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[ green giant ] ho ho ho. ♪ green giant gregg: a new report that cyclist lance armstrong is the target of a federal investigation. it comes just weeks after arm strong admitted to oprah in a televised interview that he did in fact use performance enhancing drugs during his career and he had been lying all along. a former federal prosecutor joins us in the studio. let's put up the entire laundry list. it's pretty scary. drug trafficking, money laundering, fraud, conspiracy, obstruction of justice for trying to bully and intimidate witnesses into lying. and perjury. under oath in a civil case he lied. >> absolutely. gregg: will the fed prosecute him? >> you have to look at the history. there was a case in california that was hastily dropped. some of the agents in the case were saying they were surprised and they thought it was a viable prosecution. they recommended an indictment. not appears either another district or main justice in washington is looking into it. i would not be surprised to see some type of case. gregg: isn't this why we tell our client shut up, don't talk to anybody but me. >> always public relations ... he thinks he will do to great public relations move and legally it's an absolute disaster. first of all he received a settlement for libel from a british tabloid. gregg: martha and i were talking a moment ago, she doesn't think he will go to prison. i would point to marion jones in a track start. she went to prison for lying about drug use. >> if you look at the steroid situation in baseball i think marion jones might be the outlier. but we don't have crystal balls. gregg were barrie bond might have gone to prison if he had not gone to prison on the substantial charges. put up on the screen the potential civil lawsuit. this federal whistleblower case pending accusing him of defrauding the government of $30 million. libel reimbursement case to the sudden daytime. recovery of $12 million in bonuses for the fraudulent tour de france wins. then sponsoring lawsuits to recoup millions paid which nike and others. in the end he could have to fork over almost his entire $100 million fortune? >> yes and no. i don't think there are times when the athletes give back their actual compensation. a baseball player used steroids. they may be subject to legal machinations, but not necessarily salary. the people he defamed by saying how dare you claim i did this. there will be a lot of lawsuits and big time with the sponsor money. but not necessarily -- >> what about the people he bullied? he ruined their lives. and their careers. >> he took such a scorched earth offensive allout thing that by the way he also created tremendous bad will which i think will come back to get him. gregg: good to see you as always. thanks so much. martha: the boy scouts of america are expected to soon vote on whether they will allow gay scout members for the first time in their history. that decision could come today. here is the group headquarters in irving, texas. why are the boy scouts considering this move now? >> reporter: they have not addressed that. they refused to go on camera leading up to this answering any questions. but there are several theories floating around about that. one of them is primarily financial. keep in mind the boy scouts of america have lost hundreds of thousands of dollars in corporate sponsorships because of its anti-gay stance. intel and united parcel service have pulled their funding and there is a decline in membership. the organization claims 2.7 youth members and 1 million adult volunteers. the number of young people involved in scouting plunged 20% since 2000. and many simply say it is an outdated discriminatory policy. >> the leading cause of death for gay kids is suicide because they feel deep feelings of rejection from organizations like the boy scouts of america and individuals in our society that reject that. >> reporter: even president obama said gays should have the same access and opportunities as everyone else in society. martha: not everyone is on board with this change, are they, casey? >> reporter: no, they are not. groups like save our scouting and the family research council have had a lot to say about this. the family research council said it does not want role models for children to be heterosexual foreigheterosex sexualfornicato. >> they want to change their principles we are definitely going to consider removing our boys from the program. unfortunately because i really love the program. >> reporter: if this ban is lifted it would not require the chartered organizations to allow gay members. it would change the language and national policy and allow scouting units to decide for themselves. we do not know when the decision will come. the boy scouts have not told us. but we are on top of it, martha. martha: it will be interesting when they do make that decision. casey stegall. gregg: the problems that could bankrupt a major city that the super bowl will not erase. martha: the postal service made a major announcement about your mail service that you need to know. [♪] gregg: new dash cam video capturing a horrific accident. take a look at this. that just came out of nowhere. it was reported by a driver in south korea. the people inside the car are all lucky to be alive. no word on what caused the suv too jump over the median. martha: wonder why they had a dash cam on the front of that car. it makes you want to be sure your seat belt is buckled. those people are okay. new reaction from house republicans after president obama asked for a short-term budget plan to avoid what the pentagon called devastating defense cuts known as the sequester. the white house is offering a tradeoff including spending cuts and more taxes. eric cantor says that deal will not fly. >> absolutely not. it's just more of the same. we have got a real problem in this country we know. we are spending much more money than we have to the tune of a trillion plus dollars a year and it's got to stop. it doesn't help people for to us keep doing that. martha: good morning, congressman. good to have you with us today. what do you think about that? the president its asking for more time. a lot of people i think at home listen to that and say this will be the second extension we have had on this which was supposed to be a make or break push before the end of the year. >> the whole idea of sequestration was the president's idea. the house passed last year twice a way to find the cuts with protecting the military and the senate and the president ignored it. that does not solve the problem. this president is just coming back to his same answer. to take more money from the taxpayers. that is not the answer. we need to get government under control and expand this economy. martha: the thinking is on the fiscal cliff deal you didn't have that much leverage. this time around you do. charles krauthammer was on special report with bret baier and said they need to do nothing. republicans should sit on their hand in this one. are you going to do that? >> we are not doing nothing sitting back because we have passed a bill that would find the cuts to make it go forward. but we are moving forward to produce a budget that balances and grows the economy. where the president for the last five times has missed the deadline. we had to threaten the senate to do a budget. haven't done one in the last four years. and it's sad that the last two weeks we have to spend our time on one of the most basic things to get them to answer. martha: the president said yesterday they have cut 2.5 trillion in defend city reduction. all the thing that were on the table when he tried to make a deal with john boehner are still there. entitlement reform, tax reform is still on the table. come to the white house. try to hammer out a deal based on that framework. why not? >> do you know how many times he's been to the white house and he pulls the football out from under you. this president never comes to an agreement. of all the budgets the president sent to this capital it has not received one vote from a republican or democrat. this president has increased spending and put deficits in the trillion dollars every single year. you can't continue that. the cbo director warned yesterday that the amount of debt to the gdp is in dire straits. we have to do something about it. martha: what many your next move? >> put a budget that reforms government. expand the economy and lets us grow. that's something we passed. this is sequestration the president asked for. it's going through march 1. he requested it. he ignored it. the house has acted. martha: you will allow sequestration to kick in on march 1. >> this is what the president asked for. martha: he says he's willing to do entitlement reform. why would you be reluctant to do means testing or raise the age for those of us under 55 and have a ways to go before we get to that point. why do you think he doesn't want to get together with republicans on that idea that seems to get a lot of general support. >> the president has never campaigned for it and he always fought against it in the time it came forth. that's the challenge when he says come negotiate with us. i think what needs to happen. the house passed a budget. the senate needs to pass a judge the and let many start working from there. show where the path will be where you can make fiscal responsibility here and bring accountability back to washington. martha: you are saying sequestration would kick in. the senate says they are going to put out a budget. it's been over three years. always good to have you with us today. the majority whip, california congressman, kevin mccarthy. thank you, sir. gregg: some dangerous weather heading toward some of the biggest cities in the northeast. what can we expect from this latest winter blast? we'll have a live update from the fox news extreme weather center. gregg: extreme weather is headed toward the northeast. the area could be hit by a so-called weather blockbuster this weekend. how extreme is this one? >> reporter: a lot of people have been asking for snow across the northeast. we still have time to go so it's only wednesday and we are expecting the storm later in the day friday and early saturday morning. everyone around the northeast just needs to be made aware. there is a storm that could be coming to wrap up the workweek and. the big story will be the wind and the possibility of significant snowfall. especially across eastern portions of new england. this is one of our computer models. this computer model has kept the storm track focused to the coast. so that means a greater chance of heavy snowstorm parts of new england, and strong winds. and this model also keeps a stronger storm system. so this will be critical as to how much snow we'll be seeing and where. the area right now that does seem to have a higher confidence seeing a foot of snow will be massachusetts, vermont, new hampshire and southern areas across the state of main. there is another computer model that keeps the storm weaker. it keeps a rain event across the atlantic. d.c., you could be seeing a wintry mix as we head into friday and early saturday morning as well. and very strong winds with this storm system. a classic nor'easter. southern areas in vermont, new hampshire and maine. we are expecting 6 inches of snow. but the possibility for more snow does exist and we'll continue to see watches and warnings as we head into today and tomorrow as the storm system continues to tomorrow. just a foul snow showers in the northeast. nothing too significant. the two areas of low pressure that will merge. one is across texas. the other across the make northwest. a possible north easter friday and saturday. gregg: let's hope we don't have any power outages. some people are still suffering. you are passing the white stuff on. martha: i like snow, not power outages. let's talk about the story brewing this week. there were details leaked on president obama's drone strike policy that some say make him the judge, jury and executioner in these cases. it's raising a lot of questions about presidential power and the constitution. is it in line with what he publicly said about the fight against terror and how would people respond if another president had done the same thing? gregg: we are minutes away from a big announcement by the u.s. postal service. that's a live look in washington, d.c. why mail delivery as we know it could be changed forever. 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>> if this had been the bush administration we'd be talking impeachment now. in the bush administration what happened, necessity water boarded three admitted self-indicted criminals who were part of september 11th. that was something that was called great human cry. now we have american citizens being killed. i have no problem with anybody being killed who makes war in my country. we are doing it in an open-ended way. this is the same guy, john brennan was at the c irk a during the waterboarding day, the enhanced interrogation and he's the mastermind of the drone wars and the new cia director. martha: what do you think it tells us about the obama administration's policy towards the war on terror? >> i think a couple of things. they don't want to get their fingers dirty. they don't want american casualties. known wants that. the problem i think is three in the whole drone war idea, number one we may have been very good at the very beginning when we were taking out key people in very difficult to reach parts of pakistan and afghanistan but we've now expanded that drone war and are the third thing martha that worries me probably more than anything we are lowering the threshold of when we use force. it's an important thing to have americans in the loop. by doing something where no americans are at risk. martha: it negates your ability to get intelligence from any of these individuals. >> yeah, they are dead. martha: we know the president is not fond of the gitmo model. it raises a lot of questions about the most useful way to apprehend people and get information from them. as far as we know, right we are talking about anwar al-awlaki, and american-born citizen who we know was an inspiration to the fort hood shooter and the time square bomber and underwear pwo*erpl, most americans would think that was a pretty legitimate case built there and two others connected to them. we are are not talking about any other instances that we know of. >> against american citizens. there are an awful lot against the taliban. we are the only guise with drones now. that will not last forever. what happens when other count there's get drones? do they takeout an american ambassador driving a car in saudi arabia? you could even see drone attacks in the united states. i worry about the precedent, the generation that we're creating of people who are really going to hate america and i worry about loring the bar so we make it much too easy to pull that trigger and go to war when we don't have anything at risk. martha: we basically had heard that the war on terror was over in many ways, and yet it has been carried on in a way that may perpetuate it if you're right. kt thank you so much for being with us. always great to talk to you. >> thanks. gregg: we are just getting word of a shooting in ben srer denver, colorado now. several people including children have been killed or injured. we just don't know yet. there is a heavy police presence at a home in denver, and witnesses say they saw a child being brought out on a stretch tore a waiting ambulance. now police are saying in a tweet that there are multiple victims but we don't have any further details. as soon as we get them we'll pass them on to you. hate to be a buzz kill but here it is, the city of pwoupl, the ravens cannobaltimore, a new report showing that the city is on the path to ruin. they will accumulate $75 million in budget deficits, factor in retiree healthcare cost, struck struck needs th struck. the total shortfall $2 billion. charlie gasparino joins us. charlie there have been 41 bankruptcies by municipalities, a lot of them were mismanagement. in one case it was a huge legal judgment. what happened in baltimore? >> we should point out that they are not bankrupt yet. they phase like a similar dilemma as the united states in a certain respect. in the future there is going -- there is a point where you can't borrow any more, your expenditures are much higher than your revenues, and then you are in the muck so to speak, you are in bankruptcy. obviously if they take steps to prevent it over the next couple of years they could prevent that. $2billion is not a huge amount of money. it sounds like a lot of money but think about it, warren buffett is worth $40 billion, they can get their arms around this. here is the problem that baltimore faces and a lo facebook.commess and a lot of big government. they raise taxes at the blink of an eye. they don't deal with the pentagons and health benefits they give workers. the necessary steps that need to be taken aren't taken until it's too late. when you think about what happened with new york city, they had years of that and then you had the 1975 fiscal crisis, and you had to take draconian steps, massive cuts, it was years before the city got back on its feet. they had a technical default at the time on some of their debt. in some ways new york city is still paying higher interest rates because of that thing in 75. that's what pwoupl has to do. baltimore has to do. do they have the political will to do that? i doubt that. gregg: you have a revenue problem. >> you have the problem of middle class people working out because of lousy schools, and high crime. do what rudy guiliani today and ed koch did, you deal with crime and start restoring confidence in the business sector of the city. new york city is a much let's place now than it was in the 70s and early 80s. the reason why was because rudy guiliani, and ed koch to took the time to deal with the fiscal problems with the city, and remember taxes aren't the answers. when you raise taxes on working class people, middle class people property taxes they run. if you don't deal with crime middle last people leave. businesses don't want to stay. that region of the country, that sort of washington region is the era of the country that is doing very well right now. baltimore should benefit somewhat from that. gregg: when you come in on a train in baltimore it's scary. >> very scary. gregg: enough said g. to see you. martha: karl rove is firing back at some of his critics after claims that he is favoring establishment republicans over tea party candidate. rove says that is not so. he says he is looking nor wins, winning candidates and results. take a look at this from last night. >> some people think the best we can do is todd akin and richard murdoch, they are wrong. we need to to better if we hope to take over the united states senate. we need to get more conservative candidates and win. martha: who better to talk about that but to carlson and alan colmes. gregg: the president said if you like your hilt insurance you can get to keep it. not so fast. details on how wrong he might have been. martha: stunning video of four volcanoes all erupting at the sale time. it looks like the beginning of earth. it's unbelievable. wait until you see all this. we'll be right back. gregg: a deadly scene in fort lauderdale, florida, one person was killed when this truck slammed into a pillar halfway off the overpass. rescue crews working for hours to remove the driver, eventually had to use a crane to pull the truck off the ramp. the accident backing up rush-hour traffic in both directions. martha: interesting conversation going on here, and karl rove is now responding to critics after coming under fire for his new political action committee. several conservatives have claimed that rove is supporting main-stream republicans over tea party candidates but rove came out fighting on this last night with shaun and a tee. he says what he wants is to get the best republicans elected. take a look. >> there is an awful lot of tension between the grassroots and the establishment in the republican party. the grassroots believe the establishment is ideologically corrupt, they don't really mean it, and the establishment things the gas roots is crazy and are putting up mediocre candidates. the bottom line is not whether you're conservative or hreu or liberal. if you can't, for example, attack abortion without appearing into dores rape yo endorse rape. it's not a question of who is conservative and who is liberal it's a question of who is articulate. martha: what karl was saying last night is his group supported tea party candidates, they supported candidates considered conservative candidate, he this is this whole thing about him shoeing the tea party for the establishment is bunk. >> i think he's got a really good point. they did support an awful lot of conservative candidates. the republican party for a bunch of different reasons apparently isn't strong enough to weed out the poor candidates in the primary. groups like karls fills the boyd. somebody has to be a gate keeper keeping morons away. if you can't speak english you're not going to win election. martha: alan loves when morans runs for office it makes him very happy. >> i want conservatives who can't win. i want conservatives to make comments like god intended if women get raped that the baby should be born. martha: we don't want to hear that one again. >> just to pick up on what tucker said, tucker and i probably agree that carl is saying, he clearly said we want the most conservative candidate who can within, that makes a lot of sense. it's being pragmatic. martha: that is what is known as the william f. buckley rule to root for the conservative who has the best chance of winning and who is the most conservative. where do you think this goes from here, tucker, this conversation? does it get republicans to a better place where they do win more electio elections? because that's clearly what they want. >> there is still a lot to shake out here. no one says it out loud or rarely. an awful lot of conservatives, the republican primary election threat believes they were sold down the river, not in all ways, they are upset about the prescription drug benefit, the lack of fiscal restraint, there is this battle going on mostly behind the scenes between the people basically in charge of the partly and the people who are actually coming out to vote. and i think this will not be settled until there is a broad consensus among republicans on what they stand for. what does it mean to be a republican? what do you believe when you're a republican? martha: it seems like that message, we heard it from tkpo*fz bon mcdonald, from eric cant torques the message alan -- i think in many case democrats have been able to successfully demon mice republicans as being out of touch and not caring about the best outcome for the country on a whole. >> i don't think republicans need any help from democrats to be demon niced. look what happened to mitt romney he had to twist himself into a petition zell to try to appeal to a constituency, try to be something he really wasn't. we never knew what he stood for e. was trying to be whatever he thought the republican party needed to win. martha: which is always a mistake. i honestly believe that both sides really do want the best for the country, they just have very different ways about how you get there. one side believes that the government is the best route to helping people and the other side believes that people on their own sroe hreurgs the best. >> i don't think they always think government is the best way to help people we. have a benign view of government than conservatives. and think government can be a force for good. i wouldn't generally state government is always the answer. martha: final thought and we have to go. >> just to be totally clear, fielding candidates who can make the case, it's not the same as fielding liberal candidates. you can field strong, ideological conservatives and still win. they just have to be able to talk. martha: very low bar. thank you, tucker. tucker carlson, alan colmes, sue he guys next week. gregg: the muslim cleric behind the planned mosque at ground zero is now in a whole bunch of trouble. why he is accused of taking donations and stic sticking them in his own pocket. martha: the results are in the great american board game getting a new token this morning. we'll tell you which one of these little fellas will be in your next monopoly box. ♪ [sing -l [singing] stpho*et. ♪ ♪ twins. i didn't see them coming. i have obligations. cute obligations, but obligations. i need to rethink the core of my portfolio. what i really need is sleep. introducing the ishares core, building blocks for the heart of your portfolio. find out why 9 out of 10 large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal. jo a big change come being for the great american board game and it has finally been revealed. i know you've been thinking about this all morning i. was tweeting about it before. monopoly fans voted to lose the iron. remember the iron? it was always the last piece that nobody wanted, right? now it's going to be the cat. the toymaker, hasbr aorbgo let fans decide. they have sold more than 275 million games worldwide. in the fourth quarter of 2011 the sales were flat. they say the fans from more than 120 countries cast their votes. i like the guitar better. do we have all the choices? there was a guitar, what else is there. gregg: the dog. martha: the new version, the robot, helicopter, guitar, diamond ring which is always popular with sroebgs. with folks. the scotty dog. gregg: i knew there was a dog. bombshell developments concerning the founder and former head of the ground zero mosque, a former donor slapping the imam with a $20 million lawsuit accusing him of taking millions in donations and spending money on pricey trips and sports car and other personal expenses to tell you about. eric san antonio is here ieric shawn is here. what do we know about this? >> reporter: he was the imam behind the ground zero possible being and is accused of absconding with millions of dollars for his own use. he once said the u.s. was, quote, an accessory to 9/11. he allegedly diverted charity donations intended for islamic causes to line his own pocket, that at least according to a lawsuit filed by businessman and tphrapb tr robert leslie deek and his family. they siphoned off donations that were intended for a separate islamic education program. the money went to him and his wife, daisy kahn. she gained notoriety for the mosque around the corner from ground zero. the money went to a luxury sports car. personal real estate. laugh sreulavish trips. they say they are shocked that they have been preyed upon and they accuse him of taking more than $3 million from the maylasian government and allegedly falsifying the tax returns from his nonprofit groups to they say hide the money, gregg. gregg: what do they say. >> reporter: they deny the allegations. paul knight says, quote the lawsuit is merit less and will be vigorously defended in the new york court. it turns out there may be a lot more to this or something else than it people's because h it seems because i and his wife are suing the deeks in washington. that 16-story islamic center has not been built and its future remains uncertain, gregg. gregg: thanks very much. martha: if you like your current health plan the president promised that you would be able to keep it. but a new report shows that 7 million people are finding that is actually just not so. we're going to explain. gregg: check this out, four volcanoes erupting at the very same time, incredible videotape coming up. ♪ [singing] ♪ ♪ [ indistinct shouting ] ♪ [ indistinct shouting ] [ male announcer ] time and sales data. split-second stats. 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[ indistinct shouting, bell dinging ] ...you'll bust your brain box. ♪ all onhinkorswim from td ameritrade. ♪ martha: breaking news. it looks like there is no decision from the boy scouts on whether or not they will allow gay scouts in their organization. we thought we were going to get some decision on this at some point today but we are now learning that they are still deliberating and that they think more discussion is necessary. no decision today from the boy scouts on whether or not they will change their policy as a national organization to allow gay boy scouts. we'll see. gregg: troubling developments from a brand-new report on healthcare. despite president obama's pledge when he pushed for his healthcare overhaul, if you like your coverage, you may be among the 7 million americans not able to keep it now. this coming from the nonpartisan congressional budget office. that number is nearly twice their previous estimate. matt mccall president of penn financial group joins us live. matt, explain why 7 people americans will lose their job based health insurance? >> well from the corporation standpoint that is supplying these employees with their health insurance it is actually cheaper for them to take the penalty. what happens is the government will impose a penalty on your employer for not offering you insurance. as an employee you then go into the exchange which the government will put together. the big problem i see with this. gregg is the fact that a lot ofs exchanges according to the ceo themselves will not be able to handle this influx of people coming in, so you're going to have a mess on your hands when you have 7 million people looking for health insurance. gregg: when the president was pushing for obamacare and he doesn't mind that -- he's sort of proud of that now. here is what he promised, take a listen. >> if you're one of the more than 250 million americans who already have health insurance you will keep your health insurance. this law will only make it more secure and more affordable. gregg: we now know it's not true, 7 million are going to lose it. was that a promise that really never made sense? >> there is no way he could have made that promise. the way that obamacare is set up, it forces employers not to offer the same type of insurance that they offered in the past. not only that, these exchanges, he knew people were going to go on to these exchanges. and the health insurance offered on the exchanges is not the same as they had in the past. in his mind, yes, maybe in a perfect world that would have happened but realistically it never would have been the case, gregg. gregg: we just learned that the gdp in america is negative, late last week, unemployment went up so it's going in the wrong direction. we know that poverty is rising, income levels are dropping, and unemployment, according to the cbo report that just came out said hey it's going to stay at around 8%, and they call the deficit unsustainable, and yet the president stood there yesterday and, you know, he said we are experiencing a recovery. he claimed the economy is recovering. do the facts belie that. >> no if you look at numbers it just does not add up. you look at some of the things that cbo put out as far as unemployment remaining high. and growth estimates are somewhat laughable thinking that our economy is going to grow upwards of 3.5% in the next fl three years. we had negative growth last quarter. as bad as they look they are based on pretty robust growth numbers. if we don't meet those numbers it gets worse. $1.6trillion it's going to cost us over the next nine years for obamacare. gregg: sure. very quickly i'm almost out of time. the president is now talking about on the heels of tax rate hikes, and tax hikes, more tax revenues. what would that do to the competent? there is a few ways we can get out of this. obviously increase revenues, another one is reduce spending. clearly the president does not want to reduce spending that is not in his vocabulary. the only way to inch sraoes revenuincrease revenue is to increase taxes. if they increase what happens, they lay people o. it hurts an economy that is already in negative territory. gregg: it can have a deterrent on the economy. matt mccall good to tee you. martha: the medicaid expansion part of the healthcare overhaul is causing concern for dozens of states. the federal government is offering funding to states who agree to expand their medicaid coverage. not every state is willing to participate in this plan. william la jeunesse joins us live from los angeles to explain. >> reporter: martha if i gave you a dollar would you give me a dime? of course, you'd be crazy not to, right? many people think a dozen governors are fools for doing just that, turning down millions for the relative price of a penny to pay for medicaid expansion which expands subsidized medical care for families earning up to 130% over the federal poverty guidelines. 32,000 dollars for a family of tpoufrplof for. so, the 15 states that you see here are likely to turn down washington's promise to pay up to 90% of the cost of that expansion, 11 states are undecided and 24 plan to take the money. >> with this move we will secure a federal revenue stream to cover the cost of the uninch churneuninsured who already show up in our doctors office and emergency rooms. >> reporter: governor brewer offers that if she doesn't take the money other states will, meaning her residents would subsidize the medical care of other states poor even though it runs against her philosophical grade. martha: what about the states that are turning the money down? what do they say? >> reporter: they call this a about it and switch. here is the carrot, 100 100% tpupbzing, once you're hooked it's 90%, two years from that it goes lower and lore. a dozen republican governors say we can't afford the 10%. >> people say it's free federal money. that is our tax dollars, your tax dollars and my tax dollars, so don't pull that game on me. secondly it's 90-10. that 10% is the part i'm concerned about as a state. >> reporter: the cost of social programs are typically a shared, federal state funding formula but the percentages do change. special education started out at 40% federal money now it's 20% so it's fears are not unphonedded. it's a controversy in the states because the hospitals are saying this is uncompensated care, we want a piece of the federal action and the states say we want to spend this money on education, maybe not healthcare for the poor. martha: it sound like the burden gets shifted to the state so they have to factor that in in deciding whether they will take the ten cents on your dollar. thank you. we'll see you soon. gregg: awaiting a news conference with republican leader john boehner expected to weigh in on the fight over a looming deficit defense budget cuts, pardon me. can washington reach a deal to stop cuts described as dangerous to our national security. martha: have you watched this case, dramatic new testimony in the trial of a young woman accused of a brutal murder of her x boyfriend. what she is now saying about the very first time they met. >> i thought he was going somewhere, because like he had purpose, so i stepped out of the way, he needed to walk past me, but he stopped right in front of me and stuck his handout and introduced himself. martha: fox news alert. there is a whole loft hacking going on out thereof computer systems. remember the story about the "wall street journal" and "the new york times." now we are learning and this has been confirmed by fox business network that the federal reserve was also hacked. they are saying they are aware that information was obtained by exploiting a temporary vulnerability on their website in a vendor product. they say they fixed it quickly and it did not affect any critical operations of the federal reserve system but you have to wonder what people are testing in terms of the vulnerabilities. an interesting story it sounds like they have got it under control. we'll be watching for more on that. the federal reserve. gregg: we are expecting more dramatic testimony today in the ex-girlfriend murder trial jodi arias scheduled to return to the witness stand, continuing to layout the events that led to the brutal murder of her ex-boyfriend, travis alexander. here she is describing how the two got together. >> he was friendlier and friendlier but not inappropriate, but after i learned that he already knew i had a boyfriend and he continued to act that way i thought it would be -- i thought i needed to pull him aside and tell him that i have a boyfriend so that he didn't get the wrong impression. gregg: lis wiehl is a attorney and knocks news analyst. and monica is w. i want to ask you what is going on here, so much testimony about what she claims to be a life of physical and emotional abuse that she suffered. she is not claiming diminished capacity or in sanity but nevertheless is this to lay the groundwork for a sort of mental defense connected to self-defense? >> absolutely. see we already know that the defense is going to have experts come onto talk about battered women, and the abuse, and what she feels like, or what this caused her to be like, so she needs to lay the groundwork of her life, and her history, and the abuse that she suffered in her life, and why she stayed with someone who was so sexually aggressive, or who abused her. without her laying this groundwork the experts won't be able to testify about why they came to the opinion that we'll probably hear next week. gregg: liz i bet you the defense is trying to get a jury instruction that is a subjective self-defense jury instruction that is, did the defendant given her history of alleged mental and emotional abuse reasonably believe that her life was in eupl manslaughter danger of death and that's why she acted. if they get that jury instruction, what then? >> the key is you said imminent threat of death. really she has given no indication of that. she's taken the stand and talked about the sexual relationship between them, to many of us it's a very odd relationship. but it was consensual, gregg, all along the way she said it was consensual. she talked about the abuse in her family in the past. i've read a lot of reports and people that i prosecuted and then criminal reports afterwards, everyone has been abused at some level. i have to say the level that she's been talking about is not that high a level, gregg, not to get that instruction. gregg: monica what about the so-called imperfect self-defense, a honest but mistaken belief that your life is in imminent danger because of all of the alleged physical and mental abuse over the years and so forth, you just mistakingly misunderstood the circumstances. >> well, i don't think that is going to go very far in this case, because in arizona she has to show that he is the one that was the abuser to her and that he was threatened -- threatening her with imminent physical force and deadly force. if she can't show that, if she can't show that history with him she will not be able to use that self-defense justification at all. i don't even think just a mistake will even get the instruction in, because she need to give more evidence, and they haven't really put anything out there yet with him. gregg: imperfect self-defense did not work nor eric and lyle menendez so they tried. what we'll see coming up is cross-examination by the prosecution. because she told so many different lies leading up to her surprise testimony of self-defense they are just going to have a field day on cross-x. >> they'll go through every single story she told, to the media, cops, everything. the first story was i wasn't there, i wasn't even at the scene i don't know what you're talking about. they'll have that, blow that up, make sure the jurors see that, take a lot of time to go through that. came in.ory it was two masked they'll particular a lot of time going through that story and now she is claiming self-defense. then they'll go through the injuries, gregg, 27 stab wound, slitting the throat and then a firearm through the forehead. gregg: that could go in the defendant's favor because in closing arguments the defense attorney is going to say only a traumatized and abused person would lash out with such extreme violence like that. >> absolutely. and you know it only takes one juror to agree with her, to feel sorry for her to like her, which is one of the reasons why she's going on and on and on about all the details in her life, because she wants to draw that jury in, get a like interest, a like experience, something for a juror to relate to her, so when they get to that part they can say, but we know why she did this. she only need one to agree with her. >> there is no support for the claim she's making about the abuse with this guy. >> i agree. gregg: i think they are trying to save her life from the death penalty. >> that's what is on the table. >> monica lindstrom who was inside the courtroom and we wi lis wiehl thank you both. jon: have you heard about the cbo report suggesting the u.s. is headed for a dangerous place if we do not get our spending under control? this as the president meets with senate democrats. so what is the plan on the debt? we'll get into that. plus, the post office saying goodbye to some mail delivery on saturdays, but do they even have that authority? gregg was just talking about the jo tkeurbgs ariadi arias trial. the woman accused of stabbing her boyfriend 27 times back on the stand today. we'll update you on what the prosecution wants to know. a new research station in antarctica open for business. we'll give you a peak "happening now." martha: we'll see you then 11:00 at the top of the hour. you are about to witness mother nature's furry in a way you have never seen before. look at this. unbelievable video. four volcanoes simultaneously erupting at the same time. guess where this is happening, and how photographers were able to capture this video. we'll show you in a minute. ♪ fire. ♪ fire. ♪ fire martha: this is so cool, mother nature putting on a fiery show like you've never seen before i. know i've never seen this before. a team of photographers capturing an incredible display in eastern russia. four dol volcanoes they found erupting at the same time just over a hundred miles apart. they used a special camera and created an amazing virtual volcano tour. corey powell editor of a magazine joins us. this is not the one that i created in fourth grade. what are we seeing here? >> this is probably the most volcanic area on earth, in siberia. three crust ta crustal plates are crushing together, and where they slide you get a frenzy. there are 150 dormant ones. nobody has seen anything like this. four different volcanoes with four eruptions happening at the same time, unprecedented. martha: it's a great story about the photographers and how they basically stumbled on it. >> i new there were storm chasers, these guys were volcano chases. they were on their way to a photo chute in due by. the dubai. they hired a helicopter pilot and had him take them there where they were walking over hot lava to get these shots. martha: it's almost as if when you look at this you're seeing what that might have looked like. >> this is where the continents came from. this is new earth being born. martha: as you point out the reason that it's happening in this spot, is the tectonic plates, right, merging and nashing against each other. how quickly is that process happening? >> north america and russia, like it or not we are moving closer together. it's about two inches a year, the rate your fingernails grow. that little bit of motion is enough that the rocks scrape together that creates incredible heat and friction and that is the result. it's the same thing that caused the tsunami in japan and what they call the ring of fire, it's volcanic activity all around the ring of the pacific, that's where the earth is kind of living and breathing. martha: that's where we saw that earthquake in the sol louisiana monesalomon islands. >> going there and studying she's things where it's erupting all the time tells ahh lot about how to predict risks in some place like mount rainier in the united states, which is dangerous but we don't know how dangerous, you go there and find out. martha: at the rate your fingernails grow how soon before russia and the united states are kissing cousin neighbors. >> we have thousands of neighbors. we have plenty of time. martha: thanks, corey, always a pleasure. good to have you here. >> wonderful, what an amazing story. martha: it is a great story. gregg: when your boots are smoking it's time to leave. the president's pick for c.i.a. director facing fierce resistance on both sides of the aisle, serious questions hanging over the head of john brennan just 24 hours away from the senate hearing that could decide his professional fate. this is so sick! i can't believe your mom let you take her car out. this is awesome! whoooo! you're crazy. go faster! go faster! go faster! go faster! no! stop...stop... go(mom) i rais my son to bester! careful... hi, sweetie. hi, mom. 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iguana. look at that. a fan of "fox & friends." >> gretchen: oh, my gosh. >> steve: very nice. keep them coming. >> gretchen: dr. ian will stick around for the after the show show. around congress and enact new gun laws with executive order. vice president biden telling house democrats at least 19 of those actions are being prepped and will be implemented whether congress likes it are not. leads to the question, what are they. i'm bill hemmer. happy tuesday on america's news room. martha: i'm martha maccallum. these orders are more aggressive of current laws which a lot of people said is really the first place to start, or, they will try to get the centers for disease control to do some national research on firearms. bill: on the other side many argue, democrats and republican lawmakers, you need to look at more than just guns. >> this is a very important constitutional right and we are very dedicated to protecting the second amendment from that standpoint. so what we want to focus on are ways to make sure that people with serious mental difficulties are kept away from firearms. bill: that's another avenue on here. now byron york, chief political correspondent, "washington examiner". good morning to you, byron. >> good morning, bill. bill: why from a governmental level, legislative level, why pursue the executive orders? >> a lot of this is just politics because the big fear of gun control advocates the horror that everybody felt after the shootings in connecticut would fade and all get bogged down in congress and nothing much would happen. that is exactly what will happen as a matter of fact. so the president wants to be seen as taking action. there are a few things he can do through executive action but they're not all that big. he can order the centers for disease control to conduct a new study on gun violence. he can increase penalties for people that lie on their background checks. he can make it better, easier for states to actually report who has been adjudicated to be mentally ill so that can be in these databases. other than that there is not a huge amount he could do. bill: i did not hear you say assault weapons or gun show exceptions or the size of the magazine. seems like that is the low-hanging fruit and that is easy to reach? >> the white house decided those are definitely for matters for congress to attend to. they are going to be very controversy a.m. the assault weapons ban, a lot of people think that will not happen. the universal background checks and size of the magazines has a better chance in congress. bill: what he said from the beginning of this national debate that is barometer must be, what can we do to prevent another sandy hook? from what we know of the executive orders what would address that? >> i don't think any of them would. sandy hook was a unusual situation it was the killer's mother who owned the weapons and entirely qualified to own the weapons. connecticut has tiff gun control laws and bought them and held them legally in connecticut and he ended up using them. it would be incredibly difficult situation to address. almost all of the measures being talked about executive or congressional would probably not have changed what happened in sandy hook. bill: byron york. >> thank you. bill: coverage out of washington. martha with more on this. martha: this morning lawmakers in new york are set to approve what are described as the toughest gun control laws in the country. this plan was worked out by governor andrew cuomo. it includes new rules for assault weapons and it requires mental health professionals to report dangerous patients. >> the mental health check system requires you put together a database to check against obviously. universal background checks on all gun purchases to close the private sales loophole. right now a person going into a dealership, dealer, there is background check but there isn't on a private sale. that would close that loophole. martha: that is what he would do in the state of new york. that proposed law would expand the definition of assault weapon to match the toughest law in the nation right now which is california's. it limits ammunition magazines which we heard about to seven rounds, not sure how they arrived exactly at that number. it requires background checks when somebody buys ammunition. there is only background check when you buy a gun. they have to go through the secondary step when you buy ammunition. new york is one of at least 12 states with new gun laws on the agenda as a result of all of this. bill: also a freshman lawmaker vows to stop president obama from using any sort of executive action to limit second amendment rights. republican steve stockman out of texas would defund the white house and would file articles of impeachment. he argues executive action on the issue is not only unconstitutional but a direct attack on americans. five past the hour. martha: so debt talks are also heating up now in washington as the national debt is speeding towards the country's spending limit once again, folks. you know what that means. talking about time to raise the debt ceiling, right? president obama warned he will not enter into another game of brinkmanship as he referred to it over the debt sealing with republicans. >> the issue here is whether or not america pays its bills. we are not a deadbeat nation. if congressional republicans refuse to pay america's bills on time, social security checks and veterans benefits will be delayed. investors around the world will ask if the united states of america is in fact a safe bet. the full faith and credit of the united states of america is not a bargaining chip. martha: a lot of talk about the president's demeanor at that news conference yesterday. we'll get into that a little bit more coming up but for now does this really come down to an issue of raising the spending limit or defaulting on our credibility as the president has talked about. let's bring in stuart varney, host of "varney & company" on fox business network. so, stuart, you feel the way he is framing this is incorrect? >> yes. we're not going to default, period. we are not going to default. the default means that you do not service your debt. you don't pay the interest on your debt. well we have 2 1/2 trillion dollars coming into the treasury every year in tax revenue. we can use that tax revenue to pay the interest on our debt. therefore, we will not default. all this talk about being a deadbeat nation, that belies the fact that we have never, and will never default on our obligations. the obligation being to pay the interest on the debt. we're not a deadbeat nation and we're not going to default, period. yes. period. martha: comes down to the big question whether or not you will cut spending in order to not default on your debt. and that brings us to a larger question or one of the larger questions, which is whether or not we will be downgraded if we don't become more responsible with our spending? >> interesting you should raise that issue, martha, because 45 minutes ago, fitch, the ratings agency said, if we have another delay in raising this debt ceilingsing, if we have this political standoff again just like we had in 2011, fitch says we may be downgraded. his name is david reilly. he is managing director at fitch and he said if it is just like 2011, america will be on review. that means it could be downgraded. they do not like this talk from the president about no negotiations, because that imply as real standoff. and they don't like the words, deadbeat nation. after all, if you pay a bill with a credit card, which you have no intention of paying off that credit card, or reducing the balance on it, that makes you a deadbeat. so they're looking for political leadership, the financial side of america. they're not seeing it and they're threatening a downgrade. martha: we see what happened in other countries that have been downgraded and a lot of irresponsible spending with no real plan to get it under control. no doubt that goes into the equation as well as you point out, mr. varney. >> thank you. miss mccullum. martha: a massive aid bill for victims of superstorm sandy is moving toward key votes in the house but not without controversy. northeastern lawmakers are pushing an aid package topping $50 billion. fiscal hawks want spending cuts to offset any payments for the recovery efforts. we'll follow how those votes play out. bill: here's a stunner for you. a stunning course of change but how much of a change. after years of bitter and forceful denial, cyclist lance armstrong is talking now, reportedly telling oprah winfrey he did use performance-enhancing drugs to win several tour de france. what exactly i said though is still a bit of a mystery because we have not seen the interview yet. casey stiegel live in dallas on this, the home state for lance armstrong, living in nearby austin. what did he say or how much can we report he said, casey. >> reporter: good morning to you. that is the question this morning, isn't it. the verbatim of the interview of course is not being released. that is oprah winfrey's way teasing us all to tune into the interview which is scheduled to air on thursday night but a source close to the information has said that he did in fact tell oprah that he confessed to using these performance-enhancing drugs during his cycling career, a career that included seven tour de france wins, titles that were later of course stripped from him amid the doping allegations. something he denied doing all of the time for years. armstrong apparently offering a simple apology to his fans and oprah was on the cbs "early show" this morning talking about her interview that happened yesterday in austin. listen to what oprah had to say. >> he did not come clean in the manner that i expected. it was surprising to me. i would say that for myself, my team, all of us in the room, we were mesmerized and riveted by some of his answers. and in a 2 1/2 hour interview i asked most of those questions or at least as many of those questions as i could, but i feel that he answered the questions in a way that he was ready. >> reporter: a 2 1/2 hour interview. you can bet the ratings are going to be high on this one. again, bill, this interview airs thursday night on the oprah winfrey network. bill: so before he went to that hotel in austin yesterday, he stopped by his charity, his canser charity, live strong. and made an apology for what? >> reporter: he absolutely did. he apologized for being wrapped up in this whole controversy. the livestrong, foundation, bill, as you know, raised millions and millions of dollars for cancer research around the world and he sat down as the board member from that organization that he started back in october when the u.s. anti-doping agency released that damning report. before he did the interview with oprah he talked with 100 members of his staff at the foundation, a 20-minute talk. he expressed his regret. he choked up at times and made no admissions. now of course the question remains, bill, what will happen legally to lance armstrong because as you know under oath he admitted that he did not use these drugs. he denied it all along and, he also sued people for alleging that he was doing these drugs. so if he comes clean and the cat is out of the bag, now, what happens legally to lance armstrong? he is said to be worth about $100 million, bill. bill: casey, thank you. watching from dallas. you won't see it yet. thursday and friday, two different parts on "oprah"'s network we'll see it then. then we'll find out at the moment. martha: we'll discuss this a little later. disappointment across the board in this lance armstrong story. when you look back at his career, he was a seven-time tour de france winner. in 2002, "sports illustrated" named him sportsman of the year. this all comes with a very different taint to it, given what we're learning and as we say we're waiting to hear all of the specifics but we're getting the crux of it. he won the bronze medal in the 2000 olympics. since the scandal broke the u.s. anti-doping agency erased four 14 years of armstrong's records, including the tour de france titles and banned him from cycling for life. department of justice is set to start a whistle-blower suit brought by teammate floyd landis. why he is would be doing this and whether or not he wants to get into a career of some sort. whether he wants to clear his conscience. i would imagine it is a bit of both. bill: casey said he is worth $100 million. that is widely reported. you begin to wonder when people begin to talk you think they can talk themselves out of it. justice department can pursue action as we know. martha: the president says no negotiations with republicans on raising the debt limit, none. what do republican haves to say about that? we'll talk to congressman steve king. bill: a new home for al qaeda and is growing. where the terror group is now in control. martha: the marine who spent months in a notorious mexican prison speaking out how he survived death threats from drug cartels. >> did they threaten you with violence? >> yes. there was threats on my life when i initially got in there. >> how did you handle that? there are patients who will question, why does my mouth feel dryer than i remember it to be? there are more people taking more medication, so we see people suffering from dry mouth more so. we may see more cavities, bad breath, oral irritation. a dry mouth sufferer doesn't have to suffer. i would recommend biotene. the enzymes in biotene products help supplement enzymes that are naturally in saliva. biotene helps moisten those areas that have become dry. those that are suffering can certainly benefit from biotene. to the best vacation sp(all) the gulf! it doesn't matter which of our great states folks visit. mississippi, alabam louisiana or florida, they're gonna love it. shaul, your alabama hospitality is incredible. thanks, karen. love your mississippi outdoors. i vote for your florida beaches, dawn. bill, this louisiana seafood is delicious. we're having such a great year on the gulf, we've decided to put aside our rivalry. now is the perfect time to visit anyone of our states. the beaches and waters couldn't be more beautiful. take a boat ride, go fishing or just lay in the sun. we've got coastline to explore and wildlife to photograph. and there's world class dining with our world famous seafood. so for a great vacation this year, come to the gulf. its all fabulous but i give florida the edge. right after mississippi. you mean alabama. say louisiana or there's no dessert. this invitation is brought to you by bp and all of us who call the gulf home. martha: that is a horrible story. just breathing is making people sick in china's capital. a haze of pollution enveloping beijing and other parts of northwestern china is blame for increase in respiratory disease. the chinese premier's is calling for new environmental rules. he is the first top communist leader to address the issues. in addition to making people sick. that is hurting visibility causing them to close highways and cancel flights. a 50 is sat fact tri score for air pollution. but get the reading in beijing reached 755. more than twice the level considered to be hazardous. boy, that is a dangerous situation there. bill: good day to stay indoors, right? new front on the war on terror. al qaeda fights to establish a new home and they have been successful. military leaders in the african nation of mali, meeting to send troops into battle. al qaeda fighters trying to turn that country into the next afghanistan. france launching an assault there with the help of u.s. forces. now soldiers are beefing up security at french subways and train stations and other possible terror targets in its country after al qaeda warned that france, is quote, opened the gates of hell. with more now, former u.s. ambassador to the u.n., fox news contributor john bolton. sir, good morning to you. what us did this say about the state of the terror group? >> well, al qaeda in the u.s. islamic mag greg -- maghreb taken over in northern mali has taken strength since the fall of muammar qaddafi. this is the one of the consequences of overthrowing muammar qaddafi that we didn't pay continuing attention to as we should have. i think it also highlights an important point worldwide. the war on terror is not over. usama bin laden may be dead but al qaeda has metastasized and is a threat now in many, many, regions around the world. so the idea that somehow we don't have to worry about international terrorism, i think this should put it to rest. bill: they're talking about adding american drones to give surveillance for the french troops on the ground. i want to show viewers on our screen here. egypt, we talked a lot about, mr. ambassador, you know that. you mentioned qaddafi in libya. you make the case a lot of arms that came out of libya when qaddafi was out of power, they went into mali, is that confirmed? >> not only the arms but some of the people he employed in his militias to keep himself in power. although this looks like a pretty out of the way place it is really, the issue not just the damage done to mali by having terrorists take root there although that is true and it is no not really the threat to the countries around mali, although it is a threat to them too. the risk of the rest of the world, you have this doughnut hole in the middle of sahara and sub-saharan africa where al qaeda and other terrorists seek a safe haven, a sanctuary where they can planetary rift attacks around the world, replenish themselves, train people, and that is the real risk of al qaeda being there. bill: the point you're making there. apparently they have taken over an area in the northern part of the country about the size of afghanistan and said to be in complete control of this. whether or not they move on the capital and take that is something we will find out. you say let the french take care of this? should we not aid or assist? >> we should assist. we should keep the aspect of mali in the larger global war on terrorism which the president will not talk about. the mali is former french colony. the french are experts protecting the regimes in their former french colonies. they have the historical background. we should let them take the lead but be coordinated because this threatens all of north africa. bill: thank you, ambassador. from washington. martha. martha: this is heart brake for people hit hard by your -- hurricane sandy. they begin demolishing hundreds of family homes that are damaged beyond repair. bill: say it ain't so, lance. can lance armstrong make a comeback now? ♪ . ♪ ♪ [ male announcer ] let's take every drop of courage, every ounce of inspiration, every bit of determination, and go where we've never gone before. ♪ introducing the radically new avalon. toyota. let's go places. martha: more than two months after hurricane sandy ravaged the northeast. new york is really just starting to demolish the homes that were damaged really beyond repair in cases. rick leventhal is live in hard-hit staten island, new york. he was there around new jersey and new york, all in the days during and after this storm. so what does it look like there now, rick, today? >> reporter: sadly, martha, very little has changed here. and what's incredible today, that some of these homes built nearly 100 years ago, have been demolished in less than 30 minutes. this excavator just finished doing a job on a home that stood here since sometime in the 1920s. it flatted it, very, very, quickly. we have video from less than an hour ago. the actual demolition is being done by private contractors, who are hired by the city. then the debris eventually will be hauled away by the arm corps of engineers. it is all very careful process. they turn off the power and gas to the home and neighboring to insure there are no issues in the neighborhood and they also work very extensively with the homeowners to make sure they have gotten all their possessions out. they even in some cases get counseling and grief may follow when they watch the homes. some people lived in their whole lives reduced basically to nothing, martha. martha: you have to make a personal choice whether or not you want to see that happen or not be there, when that is happening. but it is is a necessary step, rick, in order to get to the next, which is to rebuild lives and rebuild the houses. are they planning to do that, most people that you talked to? >> a lot of people are having issues with their insurance companies. i spoke to the man who lives next door to this property. he shook his head and laughed when i asked him about insurance and said it was terrible. a lot of folks have flood insurance but can't get answers from their insurance company. we saw another house being demolished yesterday in this very same neighborhood. we talked to a man that lived in the neighborhood whose own home had been torn down. he had grown up in the house. he lived there for over 50 years, along with five siblings and he is, at this point in limbo, riding an emotional roller coaster he says. >> the insurance companies are not coming through for us. it is three months. this isn't three weeks. we're not being, you know, like, impatient or anything like that. this is three months into it. right now we need the money. we need to be able to start rebuilding. >> reporter: still waiting for answers here, martha. at least 100 homes are expected to be demolished in staten island by end. month and 300 in new york city sometime this spring. martha: you have to make good on an insurance policy that's why the people paid for it. they knew they were in a difficult situation, and they have to get some kind of a resolution there. thanks for staying on this, rick, rick leventhal. >> reporter: sure. bill: in the days after this, we knew this would be of the end result, that neighborhoods would be bulldozed like in new orleans. martha: it would take some time to work through. it has been three months. it is time for the people to get answers. bill: u.s. marine held prisoner in mexico after four months, even chained to his bed. now he is back home telling bill o'reilly about what happened. >> were you frustrated? 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[ female announcer ] with 40 delicious progresso soups at 100 calories or less, there are plenty of reasons people are saying "progress-oh!" share your story for a chance to win a progress-oh! makeover in hollywood. go to facebook.com/progresso to enter. bill: we are hearing for the first time from the u.s. marine held more than four months in a notorious mexican jail. john hammar's case made international headlines when a picture of him chained to a bed was made public. he is talking to bill o'reilly how he ended up behind bars in the first place on a questionable weapons charge in mexico. >> we told them, we've got this hunting shotgun and we're trying to go through mexico legally. what do we have to do? they gave us some paperwork to fill out. said, you know, if you declare it with this paperwork you should be fine. we paid a fee. we crossed the border. and declared the weapon. and then that's where short while after that, that is where things started going wrong. >> all right. so you're in a winnebago. you cross into matemoros you go voluntarily to the mexican side. you show the american paperwork. they immediately do what to you? >> it took them a while to talk to their superiors, to figure out what they were going to do, but once the certain superior that made the decision that i was going to go to jail came through, they started doing the paperwork. they didn't let us know that we were going to jail though. they made it sounds like we were just going to a place and pay a fee. so we, they took us downtown. we stayed there for four days. my friend got out. i stayed in. and then eventually i ended up in prison. bill: things only got worse from there. hammar's life was threatened he says and his family extorted. >> what happened when you walked into the prison? you're an american. what do the other inmates do? >> well, i came into the prison at around 3:00 in the morning. so you know, initially there was some pressure put on me. they tried to extort money from the family but the american consulate was contacted and they moved me out of the general population and put me into a, like a, you know, a single pleas by myself. >> how would they try to extort money from you? >> they call your family. they throw threats at you and your family. and tell you, you know, we need your money. >> or? >> they didn't tell me for what? >> they didn't tell you, they threaten you with violence? >> yes. they, there was threats in my life when i initially got in there. >> how did you handle that? >> i think i did all right because i'm alive right now. >> did you fight? >> there's not much of a fight. there is a little bit of, you know, they roughed me up a little bit but it was quickly resolved. bill: give his family a lot of credit. they were out there publicly keeping the story alive. they wanted him home for christmas and didn't happen but he is home now. martha: there was no way, initially the hearing was supposed to be in mid-january. bill o'reilly was on the story. we were working on it as well. a lot of people were involved. he says he does not have any i'll feelings towards the mexican government. initially he said he had equal governments, he wanted the united states government to do more to help him, and mexican government to do more to help him. the good news he is home this marine. bill: listen to him talk. he is measured, mature man. that is what got him out of there. back home now. well-done. martha: so back in washington, house republicans are now reacting to some tough words from president obama at his last news conference of the first term which took place yesterday morning. it was long one. republicans have only two options in the battle over raising the nation's borrowing limit. here is what he said. >> they can act responsibly and pay america's bills, or they can act irresponsibly and put america through another economic crisis. but they will not collect a ransom in exchange for not crashing the american economy. the financial well-being of the american people is not leverage to be used. martha: hmmm. there you go. iowa republican congressman steve king joins me now. so those are your two options. you can either crash the american economy or you can raise the debt limit or refuse to raise the debt limit. what do you pick, congressman king? >> isn't that masterful political rhetoric coming from the president? if you listen to him talk, there is a little pause in his selection of words there, you it is choreographed and carefully chosen but the american people will be able to see through this i believe. the first problem we need to deal with, martha, the misuse of the term default that emerged in the last debt ceiling crisis in august of 2011 when used on both sides of the aisle, when we reach the point the united states didn't have anymore borrowing authority that automatically meant default. it doesn't. that was a false definition then. it is a false definition now. we have enough money to operate essential components of this government that we can go on for a very long time. this isn't a crisis that hits a deadline that turns it into default. furthermore the economy of the united states, if we continue on this trillion dollar plus a year increase in our national debt does eventually hit a place of insolvency. that is what i fear. that is what most conservatives fear, martha. martha: but the president is basically saying to you, and the rest of the republicans in the house, that he is going to raise the debt limit. that the debt limit is going up. there won't be any negotiations over spending cuts that might offset that increase. there is going to be no negotiation. so what will you do? >> first of all i don't think the president can stay out of the dialogue because he was in it yesterday. second is, he does not have the constitutional authority to raise the debt limit. and i understand that that the white house receded from that argument in the last several days. but, if the president should decide to defy the constitution, it does put the house in a situation where we have to defend it. we have all taken an oath to uphold the constitution and we respect the oath we gave unlike that of the president who seems to think he could cavalierly cast aside the language in the constitution and oath of office. couple things we can do, we can start shutting down appropriations. we can dig in, however we bring the pressure together the decision will be made by the will of the american people. that might be in the next election but as pressure builds, members of congress will act to --. martha: i guess what i'm asking for in terms of a plan, are you going to put forth something that says, we, the house republicans believe that this program should be cut, this agency should be cut, these are the spending cuts we would outline in order to offset the increase in the debt ceiling? we believe that there needs to be cuts and these are what they would be? are you going to do that? >> martha, we'll get together this weekend and we'll crunch all that out. i don't want to presume there is consensus there i might adhere to. i want to do that with my colleagues but we need to lay down the broad bright line, for me, it is this. when does this budget balance? we must have cuts to go along with any debt increase. they must be substantial. there must be a line. martha: you need to sell that idea to the american people with specifics and with a plan and say we're the house gop. here's what we would do. here are the programs we would cut in order to reach parity over the next five years. we may never get this but we want the american people to understand what we stand for. is that something we can expect? >> well, martha, i take your point we need to sell it with specifics but you also understand as soon as a specific is put out there, it is attacked by the spending piranhas on the other side. we have to first nail down the concept. i would add another concept to this. a balanced budget amendment sent out of the house and senate and sent to states for ratification. we have to get this under control. most conservatives believe we have to come to a point where we stand and fight. i hope this is the time. it gives us opportunity back to the president, what are your spending prioritis? will you pay the active duty military first with money you have? there is no definition of fault. will you pay social security and medicare or use it as a political tool to try to get house republicans to cave? that is what we're faced with. martha: the you're talking about negotiation. president is not interested in that. >> he has no choice. martha: this is very interesting. i think in a way american people hope it does. they want to hear the debate and see the discussion out in front of them. representative king, always nice to have you with us. >> thank you, martha. appreciate it. bill: check of the markets real quick. off about 35 points in trading. investors reacting to reports about consumers increasing spending retailwise. that wasn't good enough for wall street. frankly not enough good numbers to turn the economy around. apple was hammered yesterday. it is down lower today. we'll watch that story. what's up, martha? martha: this year's flu outbreak has reached epidemic proportions. if you know anybody suffering it has and an ugly one. flu shots are running dangerously low in some areas. we'll tell you what to do about that. bill: lance armstrong talks to oprah but how much did he really say? ♪ . bill: it is one of the biggest sports stories and cultural stories you will hear about this week. lance armstrong is apparently coming clean. apparently we say because we don't know yet. he talked to oprah and she says earlier today, she was surprised by his openness. >> lance actually said, will there be a point where you lighten up? what about the questions about my mom and how is my run today? so, yeah, i woos prepared with a strategy but because he was so forthcoming, i think i went in prepared to have to dig and pull and reference because i was, literally in my head on page 786 of the reason decision, if he says this i will go to that. if he says this answer i will go to seven deadly since, page 114. i, i didn't have to do that because he was pretty forthcoming. bill: so we still don't know though. dan kaplan, sports business journal. >> i'm great, thank you. bill: just the facts what did he confess to we can say? >> we don't know what he confessed to. we weren't in the livestrong room he theoretically apologized. he seemed to have a nonapology, apology, wherewithal the bad pr and publicity to the cancer institute. bill: that is good point. all the headlines yesterday that armstrong confessed. if you listen to the 20-minute address to his charity, it was poll guy for -- apology for having brought attention to the organization that was not wanted. i didn't hear, i'm sorry. >> it was a classic nonapology, apology. but you don't say i am sorry for what i did. i think it is pretty out there that he blood doped and there's --. bill: you believe that? >> there is so much evidence. the investigation, into the u.s. postal system team. there are so many witnesses to the actual doping. what i'm interested to see if oprah asks him, has he apologized to the people whose reputations and livelihoods he ruined over the last 12 or 13 years, who came out during this time and said he doped. who said they saw it. who said that they knew it was true and he threatened them. he threatened them according to their testimony with physical violence. he ruined greg lam monday's endorsement by trek bikes. bill: that is serious allegations. you believe he trashed the reputations of a lot of his colleagues? >> this is what they say. they have came out publicly. this is reported. i'm curious to see if oprah winfrey asks if he apologized to those people he called liars who he allegedly threatened? bill: you wonder what the motivation to address this now? personal wealth was put at $100 million. the department of justice could bring serious charges against him. >> they could. bill: what does he face legally? >> he could face legally issues with regards to a drug conspiracy. it was a pretty sophisticated drug doping system that allegedly occurred on his team. obviously he, the lies, distortions. again the threats to, to individuals. whether he can resuscitate his image and profile and i clearly has done a lot of good not world. bill: he wants to keep the charity important and relevant and wants to keep it forfied and strong. only way you do that to get to the contributions to support it. the false claims act is something the u.s. government could take action for. he is in triathlons right now. some suggest he wants to compete competitively in triathelons. i mentioned this to martha earlier, sometimes you believe you can take your way out of anything and you wonder if this is one of the situations whether he can? >> lance has been a very good talker for many years. he has been very believable. i have no doubt he feels like he can do this again. this is a man who won seven tour de frances. i realize they're tainted but seems like the whole sport is tainted. in many ways he won those just as fair and square because probably half the field was doping at the time. he is admirable athlete. i'm not sure he is an admirable person. bill: we'll find out on thursday when it is auld revealed. thank you, dan. >> thank you, bill. bill: martha, what is next? martha: a lot to be said about all that. coming up the refusal to negotiate causing one political analyst to say, that the president is acting like a quote, petulent child. what does she mean. why did it come from a democrat? critics on both side unhappy what they saw at the white house yesterday. bill: a big chill in california. a ripple effect across the country. why it could cost you a lot more money on your next trip to the grocery store. ♪ . bill: cold temperatures on the west coast now threatening to send some produce prices soaring. farmers in california's san joaquin valley, fighting to protect 1 1/2 billion dollars of citrus fruit still on branches. california provides a majority of the oranges and lemons we buy at the store. that cold is threatening $400 million in avocados which are not normally harvested until march. farmers not used to the cold are scrambling to figure out how to save the crops. >> makes as though every it. >> is a gamble. stay up late looking at thermometer. >> for the whole state to be hit all on the same day is pretty rare. >> everybody's pockets are hit. >> as long as the temperature stays below freezing the more damage artichokes will succumb to. the inner tissue will turn black. we haven't gotten to that stage yet. bill: east coast is mild. west coast is not the same. the price of lettuce is rising as a result of the current freeze. martha: how about this? every year there are thousands of surgical errors in u.s. hospitals, ranging from surgical tools that are left inside of patients. can you imagine? to the wrong patient being operated on. sometimes they operate on the wrong arm or lung or all of these kinds of issues. now experts are saying that doctors could learn a thing or two from pilots in order to avoid making these mistakes. checklists we're seeing in the future, right? jonathan serrie is live in atlanta with more on this how would they learn from the pilots, john than? >> reporter: if you go inside of a cockpit you see the pilots are going over checklists to make sure all of their equipment is working properly and that all of the pilots are on board with the same flight plan. well now doctors are finding that they can drastically reduce surgical errors by adopting a few simple yet highly effective practices. watch. nascar pit crews use them. pilots use them. and now doctors are starting to use checklists to reduce medical errors. >> the data shows decreased mortality. decreased complications for our patients and that is the most important thing. >> reporter: dr. john sweeney employs checklists before, during and after surgeries at emory university hospital making sure his team performs the correct procedure on the right patient and counting each item used in the surgery. >> the role of the checklist is to help take care of simple things so the health care team can really focus on the areas that need their brilliance and need improvization and things that might be unexpected. >> reporter: emory health care's chief medical officer william bornstein says checklists empower junior hospital staff to speak up when they notice something out of the ordinary. this team approach is something former fighter pilot chaz campbell teaches corporate clients at his consulting firm, afterburner. >> it starts with admitting i can make a mistake and there are people around me if i empower them the right way they can help me avoid that mistake. >> reporter: so, martha, what essentially is a fighter pilot's bible is now winning converts in the medical community. martha: a very cool story. thank you, jonathan. sounds like good advice. bill: we're getting details from the white house on one of our top stories. the president's reported plan to use executive order on gun control. bret baier analyzes in minutes. martha: new developments in the plight of an american pastor in iran. y.♪ ♪it's so important to make someone happy.♪ ♪make just one heart to heart you - you sing to♪ ♪one smile that cheers you ♪one face that lights when it nears you.♪ ♪and you will be happy too. are you flo? yes. is this the thing you gave my husband? well, yeah, yes. the "name your price" tool. you tell us the price you want to pay, and we give you a range of options to choose from. careful, though -- that kind of power can go to your head. that explains a lot. yo, buddy! i got this. gimme one, gimme one, gimme one! the power of the "name your price" tool only from progressive. martha: fox news alert out of washington, new fallout a day after tough words from the president on gun control and his threat to make executive actions whether congress likes foes changes or not. brand-new hour starts now of "america's newsroom." i'm martha maccallum. bill: i'm bill hemmer. good morning. wee-wee are just now getting word from the white house that the vice president has briefed the president. we'll hear about the recommendations as early as tomorrow. the two are supposed to have lunch today. the big outrage is that the president is going to make 19 executive orders to get around congress. >> i'm confident there are some steps we can take that don't require lidge lacing and that are within my report as president. and when you get a step that has the opportunity to reduce the possibility of gun violence, then i want to go ahead and take it. martha: that is the big question right there at the end. with neither side backing down on this. what do we think will happen as a result of these 19 executive orders? bret baier joins me now, anchor of special report. good morning, good to see you. >> reporter: good morning, martha. martha: what does that phaoefrpblgts we'll finthat mean. >> reporter: we'll find out when the president comes out with the recommendations. we could hear as soon as tomorrow. the signal and tone and ten or of the remarks from the president tell us and the fact that the vice president met with house democrats alone at the white house yesterday signaled to us that the white house acknowledges that big gun control legislation getting through congress is going to be a difficult task. while the president could continue as he did yesterday to push for an assault weapons ban and perhaps a ban of high capacity am mission magazines ammunition magazines that will be a tough hurdle perhaps legislatively. what they are saying is that executive actions, and there are 19 of them supposedly could move forward. what would these do, perhaps around the edges, the center for disease control and prevention could be asked to do a new study on mass shootings. you could stiffen existing laws on the books as far as background checks, and federally making sure that mental health patients are noted as far as how that factors into the background checks. existing laws making sure that they are basically enforced. and i think that that is the scope of at least what we're hearing so far, these executive actions. it's interesting that you heard from some of those house democrats in some interviews that have been printed this morning that the vice president was also telling those democrats that the campaign infrastructure from the obama campaign is still intact and they should think of tapping into that to use it to pass legislation on gun control up in congress. martha: doesn't it feel, brett, like the campaign is still going on? when you look at the press conference yesterday, and the president's bid both on gun control and on the debt ceiling to sort of handle things unilaterally and do it through executive order you would think in a second term there might come some sort of ease with having won your last election in terms of wanting to accomplish things. that is not the tenor that we're seeing at all. >> reporter: you're exactly right. brit hume was on special report last night and that's the first thing he said is that if you just came into that news conference yesterday you would think that this was a news conference leading up to the election, not one that was after the election at the end of the first term, heading into inauguration. this is girding for a battle, not ready for a smooth negotiation heading into the debt ceiling. i think you have a president who is ready to fight ideologically on many fronts for where he stand, and this is not a president that is ready to give, at least not yet, on a number of different issues. martha: all right, boy, lots to talk about. we'll hook forward to special report tonight. thanks for stopping by. see you later. >> reporter: okay, martha. bill: fox news alert now, take you to the floor of the u.s. house for what we believe is only the second time in history members of the house of representatives led by the republican majority kickoff the 113th congress this morning with a reading of the u.s. constitution. now, if you remember two years ago around this same time of the year in early january, it was january 6th back then, today being the 15th, this was done as well, and a strong statement by house republicans as to how they would like to begin the new term in congress. martha: a lot of talk obviously about the second amendment recently, even discussions on behalf of one congressman that it is an impeachable offense to try to circumvent the second amountment in anyway. we've heard about these 19 executive orders that the white house is going to try to put through. let's listen to a little bit of this. >> promote the general welfare. and secure the blessings of liberty to ourselves and our possibl posterity. to or dan or dane this constitution for the united states of america. martha: that was the preamble. now we get to the meat of the matter. >> hr-rl 1 roam section i all legislative powers here in granted shall be vest ned a congress of the united state which shall consist of a senate and house of representatives. >> i now yield to the gentleman from michigan, mr. wahlberg. >> section ii. the house of representatives shall be composed of members chosen every second year by the people of the several states and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. bill: and on they shall continue taking turns there. martha: a little bit of civics class from the house of representatives. bill: we wanted to share that with you as it gets underway. u.s. constitution, only the second time on record its been read on the floor of the house, happening right now. 6 minutes past. martha: new word that secretary of state will hillary clinton is set to testify on january 23rd on the deadly september 11th attack on the consulate in libya. secretary clinton will go before the house foreign affairs committee and answer questions about the raid that killed u.s. ambassador chris stevens and three other americans. she had been scheduled to testify last month, but she suffered a concussion when she fell during an illness, she was hospitalized with a blood clot in her head. she is doing well, we under, is back to work, and we also unde understand she is anxious and wants to do that before she steps down as secretary of state. bill: new information about the american pastor imprisoned in iran because of his christian faith. he's set to go to trial next week on charges of compromising national iranian security and we are learning that we'll go before one of iran's more notorious judges for handing out harsh sentences. david lee miller on this. what do we know about the charges. >> reporter: he's accused of trying to undermine iran's national security because of his work promoting a movement to establish a network of churches in phaoepls homes. his support essay the criminal charges date back to 2000. that's significant. that's the same year he converted from islam to christianity. in fact he's been arrested multiple times over the past years, the allegations here are very serious, iranian law says conversion to christianity can carry a death sentence. >> he was arrested by iranian officials more than three months ago on charges related to his religious beliefs. we understand that a hearing will be held soon and we call on iranian officials to respect iran's own laws and provide him access to an tofrpblgts he i an attorney. >> reporter: he is married, he has two kids. his immediate family is not in iran. when and if he will ever see them again remains uncertain. bill: what is known about the judge or judges, david lee. >> reporter: this judge has been called one of iran's hanging judges, following the 2009 elections. he handed out death sentences to several human rights activists. overall he's a shadowy figure, he never appears in public and there are no known photos. in april of 2011 the european union named this judge as an individual that is subject to sanctions because of human rights violations. as for the pastor he remains steadfast and says he is prepared to hang for his faith in jesus. his supporters are urging washington to do more to pressure iran to set him free. bill: our best as time goes on. david lee miller, than that you, live herthank you, live in new york with us today. martha: there was quite a bit of tension in the room with the president yesterday. >> i promise you michelle and i are very nice to him and we have a wonderful time, but it doesn't prevent them from going onto the floor of the house and, you know, blasting me for being a big spending socialist. martha: and of course it was republicans that the president says he gets along fine with at picnics, and then they call him names on the floor of the congress. critics have called those comments pit ooh length, childless. bill: north carolina among numerous states pursuing major tax changes. we'll talk to the man leading the charge in the tar heel state. see if it works for your state. martha: from sci-fi to real life the robot that can think like a baby. ♪ singing] [ male announcer ] with over 50 delicious choices of green giant vegetables it's easy to eat like a giant... ♪ and feel like a green giant. ♪ ho ho ho ♪ green giant and i'm here to tell homeowners that are 62 and older about a great way to live a better retirement. it's called a reverse mortgage. 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country appoints a new transportation minister to overcome a faulty rail system. martha: a testy news conference yesterday at the white house. the president saying that he will not enter into any negotiations when it comes to the debt ceiling. that whole episode yesterday prompted some criticism from kirstin powers last night. take a look. >> i thought his tone was very petulant and acting annoyed that people were asking him questions. and they were actually doing follow-up questions which they normally don't all do. and that was good. they were pressing him on the things. he was being asked about his house vote that you just referred to and i think he didn't do a great job of explaining the situation, because i think that this back and forth that is going on about whether we're going to default or not isn't really the point. martha: so here is major garrett, as he presented the president as kirstin just referenced on his prior voting record on debt ceilings. take a look at this exchange. >> what chuck and i and many people are curious about is this new adamant deviewer on your part not to negotiate when that seems to conflict with modern presidents on the debt ceiling and your own history on the debt ceiling. >> getting votes for the debt ceiling are always difficult and bulge nets this town are always difficult. this is the united states of america, major. we can't manage our affairs in such a way that we pay our bills and we provide some certainty in terms of how we may our bills. if we want to have a conversation about how to redust our deficit let's have that. we've been having that nor the last two years. we just had an entire campaign about it. by the way the american people agreed with me that we should reduce our deficits in a balanced way that takes into account the need for us to grow this economy. martha: bob beckel is former democratic campaign manager and cohost of the five. mary katherine ham is editor at large and fox news contributor. why do you think it was so testy yesterday? >> obama's best form is not necessarily a press conference which is why he does than do many of them. i which he was testy for one real reason. the republicans trying to take the full faith and crucify the united states currency and putting it at fist being. i'd invoke the 14th amendment, we'd problem below know that if we spent more time with the republicans wasting time on the floor of the house. i thought he ought to raise it and to hell with congress. martha: we talked to stewart varney and kirsten said in that sound byte, this isn't about default, people don't think we aren't going to pay the debt on the debt service. the i shall eye is how you get there and whether you're going to cut any spending. >> i think he was petulant, i don't think he enjoys the press conferences because he often gets into unforced area. i appreciate people people putting back on him on his comments in 2006 and he got caught. you guys get ready for this "washington post" fact check her gave it an upside down p pinnichio. these debt negotiations have happened in the past in the entire modern era of the presidency. it's a pretty reasonable discussion to have. he's lamb basting people for not being able to com compromise and he says he's not going to bargain or have a discussion about it. bulge jets are difficult. that's why he hasn't turned one on time in the last three years and why democrats in the senate haven't passed one in the last three years. we maybe should get back to that. martha: we know the budget isn't going to go in on time. that was announced yesterday. going back to one of his quotes here pwofpblt he says we should reduce our deficit in a balanced way i. think a lot of folks are waiting for his answer as to how. >> that is a crable position for people to sake, and he does have to come forward with some budget cut proposals and they've got to be done on entitlements, that's for sure. talking about going back to the 2006 quote he had where he voted against the debt ceiling. of it seems to me they should have been plea paired fo prepared for that question. he seemed to be taking aback by that being raised when it was raised before in the campaign. somebody should have said, mr. president you're going to get that question, let's have a better answer of that. he didn't have it. martha: you say this isn't his favorite thing to do. i brought this up with bret baier a little while ago. it seems to me the elections are over for president obama. he will never have to run for office again. doe it seem to you that his demeanor -- it feels like somebody who is still running. you might look for sort of more statesman like, legacy-building behavior at this stage of an american president seat. >> yeah i think it feels that way and it doesn't do him a lot of good, and the weird needy stuff about people coming to dance with him or play cards with him is strange and unnecessary for a guy who just won. interest doesn't put on the best face. i think he would do better to sort of come forth and actually try to do something with his own debt commission that he appointed. try to do something with entitlements, buck his party on that. i i think that would create a legacy. as a liberal he's unwilling to admit that's part o and do something about it. >> the negotiations are a two-way street e. was right he gets the republicans down to the white house. >> the republicans gave in this past negotiation which was not a balanced approach. >> it's about time they gave a little bit of something because they haven't given obama anything for four years. >> he got it. >> the reality of it is the republicans will have to come down and be serious and not just protect wealthy people and come up with some proposals and the president has got to come up with proposals, i haven't seen it on any side. martha: i agree with you and i asked steve king about that moments ago. you've got to come up with ideas, lay it out so the people can decide which side they like, what they agree with. theyer getting no meat in either of these. >> to get beat up i on the tphaort of the house by republicans in a motion vicious way. >> come on. >> you just did it. what are you talking about? you guys can never say anything nice about this guy, i don't know why. he's president of the united states, say one thing nice. martha: i'm getting very lonely at the white house and i think you guys should come over and play to card. thank you box, thank you mary catherine. bill: tanteros got a radio show, shys unavailable. reroll in mary katherine ham, the hammer comes in, she and beck her hitting it off already in a swimmingly fashion there. martha: i know. we have a new duo in the works. bill: i think perhaps we just found our new duo. martha: we love mary catherine and we love bob. bill: we are hearing from the parents in newtown, connecticut, and what a story they have. what they are now doing and saying that they want all americans to understand. >> on friday december 14th i put two children on the bus and only one came home. i pray that no mother, father, grand parent or caregiver of children ever have to go through this pain. bill: so many emotional words from the parents of the 21 killed in newtown, connecticut. most speaking for the first time since that tragic day. there were more than 21 killed but there were 20 students inside that elementary school killed that day. talking about fighting now the parents are to end gun violence and deal with mental health issues. the group calling themselves sandy hook promise. here they are. >> this is a promise to turn the conversation into actions. things must change. this is the time. this is a promise we make to our precious children. this is a promise to do everything in our power to be remembered not as the town filled with grief and victims, but as the place where real change began. bill: such a long way to go too there in newtown. one school district now in neighboring pennsylvania implementing what they say is real change by taking matters into their own hands. carl cameron is live in butt hrerbgs pennsylvania with their story. what is happening there, carl, good morning. >> reporter: hi, bill, well the community took steps to sort of accelerate its plan to protect their kids. here in pennsylvania there are only 500 school districts and over a hundred of them have had before the sandy hook massacre or now implemented some sort of armed security in the schools, whether it's armed police and/or guards. here in butler they had passed a plan to implement armed guards in the schools. retired state troopers about to pass a very strict course with their firearms. because of the sandy hook massacre they accelerated it and it has been well received by the community. one family apparently complained but the vast majority have been very, very positive about it. we talked to the mayor yesterday. here is what the democratic mayor of butler had to say about the implementation. >> the first reaction is to keep the kids at school safe, it's a sad reality that we need to think about that. but, you know, there is really no room to leave a door open where there could be a problem. >> reporter: and so as we say there is a tremendous amount of very strict requirements for these state troopers. there are 14 schools here in butler, all of them now have armed, former state troopers as part of the school community. and you can see as they wander around it looks like any other security guard. they treat it much like a teacher or staffer, waiving to the kids talking about the day-to-day life in school. there is no great emphasis on firms but they argue here it's way to do everything possible to protect their kid, and they ask, who won't. bill: what is the state of armed guards around school. >> it's a lot more prevalent than one might think. there are 10,000 school districts across the country and thousands already have armed guards or police in their schools at some point. there are urban areas where there are mini hubs close in proximate eupl a taoefplin proximity. no less than california democratic liberal senator barbara boxer last week suggested it might be a good idea and proposed it as an idea to the administration as the kind of thing they should look at. we've seen a lot more of it and it's more prevalent than than a lot of people realize. bill: carl cameron in butler, pennsylvania on that story today. martha: democrats are making it clear that there are more tax hikes on the horizon as we seek to make up the revenue nor the debt ceiling. some states have decided that they know what is coming so they will take matters into their own hands. bill: we'll take you to one of those states next. new warnings of a massive solar storm and how that might affect the thing you hold in your hand right now, that might be your cellphone, your blackberry, or our iphone, or much more. look out. bill: hope for over hauling the federal tax system in washington may be slowly fading. there are lawmakers in several republican states taking matters into their own hand, including one in north carolina. where republicans are considering doing away with individual and corporate income taxes, the plan would replace lost revenue with a new business license fee and a higher sales tax on goods and services such as accounting, spa services and food. with me now is the guys leading the charge in north carolina, eye he's a state senator. bob ru kr-rbchio. what do you think it will do for the effect condition of north carolina? north carolina's economy is based on a 1930 manufacturing base. unfortunately after we've studied this for the last six to eight months we've noticed serious problems, and that declining in me yan housing income. increased poverty and also a very high unemployment rate, none of which reflect a good economic environment. our goal is to have economic growth and create jobs. that's what we were elected to do. bill: we've seen in other states, florida for years, texas as well. what you would do is you would tax things that are currently not being taxed by the state, such as certain legal fees, accounting fees, spa services, and food. ultimately what would you get out of it? >> well, you have to look at some serious points. consumption-based sales and use tax very broad based on both goods and service efs is s is a very good economic driver as compared to the negative effect of income taxes which is a detriment to economic growth and jobs. what we believe is to expand the sales tax basin to goods and services, that is something that would absolutely create business activity, and therefore income and gdp growth and with that we were going to get rid of completely the negative taxes, which would be income taxes, both personal and corporate, and what that does is it will create jobs. bill: okay, now we -- i know you believe it's got a pretty good chance to pass. south carolina does not have this yet. are you trying to beat south carolina to the punch? stpheu think what we're trying to do more than anything, bill is trying to make north carolina a very competitive state. if we can implement this plan with the consumption-based tax and zeroing out the income taxes we will have the best economy in the southeast which will give us many years of prosperity and job growth. bill: thank you for your time. your unemployment rate has been over 9% for far too long. we'll see how it goes in north carolina. other efforts underway, north carolina i mentioned. kansas, oklahoma with me now charles payne from the fox business network. do you like his idea? >> i do like his idea. there are a few other things by the way that weren't mentioned i. think something that is really critical is the overall country has been in a bunker men taplt whic mentality. which is natural. we need to get into a progrowth mentality. states that exist only to feed into the welfare society that removes the needle, that's why our gdp hasn't moved. these are gdp policies. businesses hire more people, invest in plants, it encourages work. right now we have a scenario where work is sort of discouraged and moving up in the workforce is discouraged. if you make less than $50,000 you almost would love to go beyond that 50,000 threshold hanna lot of people it almost pays not to work. these are also prowork -- gives you a proworkmen at the time. i get my kherbgs i get to keep my check. >> we mentioned north carolina, this idea is not in a capsule here, it keeps spreading and spreading and we keep finding more and more cases. a year from now you'll find many more states, not just florida and texas as so many people talked about, but many others. >> absolutely. i think texas is the state that everybody looks at. over the last ten years california loses a lot of people, a big bunch of them go to texas, these are productive innovative people, businesses. you have an amazing sense of prosperity. that's what we all want. that's the transition the country needs to go through. if it's not going to happen at the national level certainly you have states saying we want to get out of this bunker mentality. bill: if you can't get it from washington you'll have to go to your own state capitol to try to get some of that back. >> absolutely. bill: check out the payne. varney & company. charles is out there throughout the entire day. you can check him out with stewart or anyone, right? martha: do you have an elevator around here? bill: our guy. martha: some troubling numbers to talk about this morning, and they have to do with suicides in the military last year. surging to the highest number ever recorded despite an intense effort by the pentagon to try to address this problem for our military. the experts fear that this number could rise again this year. it is a very important issue to address and john roberts is on it today live in atlanta. these numbers are disturbing, john. >> reporter: they really are, martha. a real turn around from the thar the last few years. here are the latest numbers the tally from the pentagon, look at this. in 201-1301 active duty service members died by suicide. in 2012 that number jumped to 249, this despite the pentagon has made suicide a priority and that every branch in the military has an aggressive and comprehensive suicide prevention program. perhaps most troubling, though is the situation with the marines. they were leadingth way in suicide prevention. we did a report on their program, yet last year their numbers jumped by 50 -- 50%. there is still an awful lot of troops falling through the cracks despite all of this focus on suicide prevention. bonnie carol is the director of the tragedy assistance program for survivors. here is what she told me about it. >> there may be traumatic brain injuries that are undiagnosed. post-traumatic stress causing anxiety. sleep deprivation is a huge problem, and anxiety can contribute to that. so many factors. and when that perfect storm comes together our service members are at risk. bill: with more troops soon to begin to rotate back from afghanistan as the conflict begins to wind down the experts are saying they expect the problem to get much worse. martha: john, obviously they are make attention to it, they are very aware of it. it appears that what they are doing is not helping. >> reporter: it's not. and basically according to the experts i talked to, they say the system is overwhelmed. you have more and more troops dealing with the affects of multiple deployments and there is a critical lack of mental health professionals to identify and treat service members at risk. paul rycoff is with an organization that says the system is pushing become against a flood of military personnel that are in need of care. >> this is a big issue. the president has to get involved. the day of excuses and not nothing about the problem are over. if he has to launch a presidential commission then do it. let's put the full force of this country behind supporting our men and women in uniform that we're losing at a shocking rate. >> reporter: keep in mind too this is a two-way street. the military has identified and tried to dole with the problem but service members also have to realize that it's okay to come forward with mental health problems in the same way it would if they had a battle wound. a couple of very good resources that could help active duty and veterans on this. the iraq veterans of america and the tragedy assistance program for survivors. martha: good advice. we hope they and their families and anybody who needs help are listening and that they are taking advantage of those resources. john, thank you very much. >> reporter: you bet. bill: 20 minutes now before the hour. we'll find this out now from walmart. walmart is offering something that we have never heard before. the world's largest retailer making a pledge to hire every veteran to wants a job. walmart announcing the man today at the annual retail industry convention here in new york. walmart projects it will hire more than a hundred thousand veterans over five years. the hiring pledge will begin on memorial day and covers veterans within 12 months of leaving activity duty. most of the jobs in walmart stores are at sam's clubs location. go get them. martha: hope others follow suit. great idea. in the middle of this heated debate that we've been going through for the past couple of months on gun control, a group has launched a controversial new iphone app to teach kids targeting skills. very controversial today. we'll talk about this when we come back. hi. i'm henry winkler. and i'm here to tell homeowners that are 62 and older about a great way to live a better retirement. it's called a reverse mortgage. [ male announcer ] call right now to receive your free dvd and booklet with no obligation. it answers questions like how a reverse mortgage works, how much you qualify for, the ways to receive your money, and more. plus, when you call now, you'll get this magnifier with l.e.d. light absolutely free. when you call the experts at one reverse mortgage today, you'll learn the benefits of a government-insured reverse mortgage. it will eliminate your monthly mortgage payments and give you tax-free cash from the equity in your home. and here's the best part -- you still own your home. take control of your retirement today. ♪ ♪ martha: this is getting a lot of attention this morning. the nra is launching a new iphone app right in the middle of this heated national gun control debate. you can see it on the right hand side of your screen. it simulates someone firing at a shooting range. i'm joined now buyer i can pratt the director of communications for the gun owners of america. eric, welcome back. we spoke to you yesterday, and wanted to have you back on today. thank you very much for coming. >> well thank you so much for having me. martha: the headline in one of the new york papers this morning says a month after the gun slaughter at sandy hook the nra lawn -fpbs the sickist game yet. four years old can now may to hughes an ak-47 to shoot targets that are shaped like coffins. how do you respond to that. you're obviously not with the nra but a supporter. >> what a kid would see with this is no different than what a kid would see if his mom or dad took him to the shooting range. i don't get it with political liberals who believe in teaching kids everything under the sun, including cucumbers and condoms, but when it comes to teaching things that would actually make a difference they object. things like there is a 10th commandment and one of them says thousand shalt not kill. and there is the second amendment the right to dee keep and bear arms. when we grew up we took driver's safety and ed in school. martha: this game was confirmed for ages 4 and up. when i was 4 years old i was playing with crayons. i don't know given the age of the children -- >> i bet your brothers weren't. martha: well actually i'm sorry to say i don't have any brothers. >> oh, okay. martha: anyway, i wasn't doing anything like this. and when you look at the age of these children, and you put into the factors that adam lanza's mother took him to a gun range now he was a unique twisted individual, and nobody is trying to say that his experience is going to be spread to awful these other people, but it's just a question of sensitivity and timing and is this something that we want to offer to kids on their iphone at this moment in our nation's history? >> i don't know how many 4-year-old have iphone. i will say it is important, injures as we took driver's ed, driver's education. they should be teaching gun safety and education in schools. even with an app like this to help people learn how to shoot straight, because when they grow up and become adults they are going to have to protect their homes in the same way that that georgia woman did last week, in the same way that 4,000 people a day protect their homes, their families. this is a very important right, the american people upwards of 70% or more support the right to keep and bear arms and i just don't see why there should be an objection from the political left to doing something that really has been engrained in our culture for over 200 years. martha: eric we thank you. we wanted to hear your side of the story. it's getting a lot of attention today. thanks for coming on. we'll see you soon. bill: in the florida house right now they are reading the constitution, right now they are on the second amendment. this is only the second time we've had a reading of the constitution on the floor of the house. the first one was two years ago in january of 2011. so that rolls on, on capitol hill. we roll on too. an enormous solar flair threatening to do trillions of dollars of damage here on earth. what do you need to know? tell us. martha: how about this. he looks like a little boy, not that mart buy the face part. he smiles and frowns like a little boy, but he is no little boy. >> emergency a robot learns from watching the human how to do it. the robot becomes an expert and then the robot can then teach another. isurprise...it's eating less. to losing weight. i'm hungry just thinking about it. thank goodness for new slimful. one delicious, 90-calorie slimful and a glass of water, like before dinner, helps keep me satisfied for hours. so instead of this much, i only need this much. and slimful tastso good... i don't even miss dessert. slimful and a glass of water... eating less is a beautiful thing. martha: take a look at this out of san diego, a new robot that can mimic the expressions of a one-year-old child. scientists say that deago go san, that is san diego backwards is not only learning how to express human emotions but is developing relationships with people. researchers believe it won't be long before he can start walking and they hope that robots like him can be used in therapy sessions with special needs children. bill: that would be cool. as far as having another friend, though, i think you can problem below keep it, right. we've got plenty of friends, especially one that looks like this. experts warn that a massive solar storm its set to erupt right here and the devastation could total as much as $2 trillion. corey powell, editor of discover magazine. let's get the first image up that shows planet earth relative to the sun. planet earth is way down here in the left hand corner and the sun is massive. here is right here, right? how come folks like you are so worried about solar flares in 2013? >> well, so we know from watching the sun for hundreds of years the sun goes through an eleven-year cycle being relatively quiet, to active and vie hrefpblt 2013 is the peak of that eleven year vike he will. we know almost like clockwork every eleven years you go through a bad period, each eleven years as we have more technology, more satellites and depend more on our electrical infrastructure we are more vulnerable. >> if we get hit with a solar flare what does it do to our technology and civilization. >> this is million degree plasma coming out of the sun at 300 to 500 miles per second. it travels through space, it hits the earth and actually the the biggest thing that it does, it's all magnetized. the earth is kind of a magnet, it wiggles everything and that makes electrical currents that go crazy every where. it can lead to blackouts, overload your satellites, it can fry radio transmissions and gps transmissions, that's happened on a small scale before. bill: you're talking about the trillion dollars in damage. 1859 apparently earth was hit by a doosey. is that even a possibility that we could be hit like that with no warning. >> we know that happens. if you look through glaciers they record different times in the past when these things happen. actually the evidence of it gets buried in the ice. we know this happens every 300, 500 years. the last one was 150 years ago. it could happen a hundred years from now, it could also happen tomorrow, and the -- these flares, believe it or not that one is actually not so bad. that is one that actually didn't cause a whole lot of trouble. the one that happened in 1859 was maybe like a hundred times that. bill: this is the flare that comes off the sun right there. >> this is 30 times the size of the earth. this is a small one. the one from 1859. there was very little technology back then, it was so intense that telegraphs around the world were sparking and setting off fires. bill: really? >> imagine you do that with your gps satellites and cell no one's and all the thins we have do you could have a global black out. bill: we have that to look forward to. does this keep you up at night, yes or no? martha: you know -- bill: that's a no. martha: you know what keeps me up at night? what keeps me up at night is that -- is that i know that some time in the next -- in my lifetime, and probably within -- within the next ten or 20 years there is going to be a countrywide black out. and, you know, we are going to survive it but imagine hospitals blacked out, transportation shut down, all your computers, all your smart phones shut down. yeah, actually that does really worry me. bill: it would be a lead story. thank you, corey. martha: now i'm really worried too. of course it keeps corey up at night, he's corey powell. these are the things he cares b. this is coming up this morning, when she was forced to choose between her job and the right to wear her cross, this flight attendant decided to sue. but did the judge agree with her? that's up next.
[cannons firing] [bells ringing] [cannons firing] [bells ringing] [cannons firing] [bells ringing] >> that there is a 41-gun salute. 21 guns not enough for the new king in the united king dom. good morning, everybody. i'm bill hemmer. welcome to our continuing coverage on "america's newsroom" as we say hello again to my colleague martha maccallum live again in london where we could, at any moment, see the new baby. hey, martha, good morning. martha: hey there, bill, good morning. and listen to that. that is a 41-gun salute. we're hearing an enormous amount of applause and celebration in london today. this does not happen every day. a prince is born. a future king of england. 16 countries in the realm. almost a third of the population of the world falls under the british realm still to this day. david cameron, the prime minister, came out and acknowledged the importance of this moment yesterday. this is a important moment in our country and the an important moment in the lives after much loved couple. this is a much beloved couple. they restored a lot of respect to the monarchy, some of which was lost in the '90s with those turbulent years. this is huge success for william and kate as they welcome their son. it is clearly a big moment for everyone across this nation today and reflected in this demonstration of military might this afternoon as we listen to the 41-gun salute. there also will be a 62-gun al absolute that will happen at the tower of london. it will be completed there. the bells at westminster abbey will go on without ceasing for three hours. it takes 10 bell ringers to carry out that feat and they will continuously ring over the course of the next three hours to welcome the prince. you wonder what the little guy is thinking in the building behind me. he has no sense what lies in store for him. we'll talk about that a great deal the next two hours. what his life will be like. the first prince born in the age of social media and what he really has in store for him. i want to bring in simon perry who has been watching throughout all of this. step gingerly up on this box. simon is with "people" magazine. it is great to have you here. talk to us a little bit what we're hearing about the newest royal family this morning. >> well, they're saying everything is going well which is a great thing to hear of course after the first night. william stayed with his wife, catherine, in the hospital behind us. i hope they had nice king-sized bed for him. and, yeah, we are just waiting to see them i guess. martha: what's the latest w expm to come out and perhaps when they might leave the hospital and life? >> well, it won't be till this evening at earliest they're saying and maybe not even until tomorrow. we're still waiting for a bit more guidance on that. they're probably having a nice time in that little cocoon atmosphere in the hospital room which is precious time for them as a couple to enjoy the first hours. martha: it definitely is because we know the minute they step out the world will really change in some ways for them and this young baby will have its first sort of media moment. it will be the first of many, many and you will be continuing to cover the life of this baby here in england. what do you think it is going to be like, the future for this child? >> crystal ball, i hopefully normal as it can be that he will be a prince. he is a prince and all the luxuries and prestige that goes with that. hopefully he will be able to grow up in as normal way as possible. school, twitter accounts and so on. martha: as long as simon perry is not following him too closely and cameramen and women not too far behind. we'll talk to you later. thanks so much. >> bye. martha: bill a little bit of sense of what is going on here. really you would see whether they're treasuring the last period here, 10, 12 hours they have to be sort of alone and download everything that is happening to them. everybody was waiting for the baby to be born and the moment arrived yesterday afternoon and we'll probably see them later this evening. >> thank you, martha. waiting to see the baby and wait forge a name too. that is coming up later this morning. back at home president obama is set to pivot back to the economy in a significant way from the scandals engulfing the white house. the president taking credit for the improving job market in a series of speeches that will kick off tomor's the thing. it will be a pretty good speech. [laughter] but, you about, as we've learned, i've bien some pretty good speeches before and then things still get stuck here in washington. >> stuart varney, host of "varney & company," fox business network. good morning to you. you've given some good speeches in your life. >> that is a great intro. thank you very much. bill: this is really, this is really trying to move the battleship and turn it around in open sea. how will he do it? >> this is a full-court press. this is a campaign-style series of videos and speeches which is going to go on for months. this is an attempt to refocus, repivot away from scandal, away from declining approval ratings, go back to the economy. the president's big speech starts tomorrow and xnox college. there will be a dozen more after that one. he is expected to call for more spending on education, infrastructure, green energy. more help for manufacturing and push through obamacare. no new policies. just a full-court press for the old policies and get them through congress. bill: so the other side is saying that is the 11th time the president will try to pivot back to issue of the jobs and economy but your unemployment rate is still at 7.6%. why does everybody think everything is so good all of a sudden? >> welcome to the new normal. we're about to get figures on the strength of the economy which will show that we're growing way less than 2%. that is the new normal. yes, it is a recovery from the depths of the recession but hardly good enough for america. but that's what the president will go out and tout and say, we could be better, if it wasn't for congress, if it wasn't for republicans standing standing iy of my policies. that is what he will say. bill: you have a declining approval rating. mcklatschchy came out with a number of low 40s. 47.9%, stuart. how does that factor in for the message that the white house takes hold? >> that is why it is such a full-court press. get away from scandal which probably brought approval ratings down. get away from that. refocus. drum up energy. there was a closed-door meeting in washington. pell pell, senator -- nancy pelosi, senator reid, all the troops, activists, rah-rah session. get activists pumped up. campaign-style speeches. there was a attempt to repiv vote and focus away from scandal and declining approval ratings. bill: we'll see how it goes with this congress. see you at 9:20, fbn, stuart varney. >> thank you, sir. bill: another alert. laguardia runway is back in operation after a jam-packed southwest jet flight from nashville had a rough landing on the tarmac. the nose gear collapsed as the plane came down on its descent. 10 people went to the hospital. passengers saying they were given no warning of a possible problem before that crash landing. >> first thing that goes through my mind like, are people going to be freaked out? is it going to get, you know? all in all, hey, we walk ad way. no fire, no deaths. >> what really happened until actually exited the plane. that's when i saw that. >> once you did, what was your reaction? >> i was scared but, you know, since nothing happened, i was shaken up. that's about it. >> of course we were like, what, got to be kidding me. we didn't even know nothing. she just said, everybody's off the plane and they had them in a bus and holding them in a bus. so -- >> she is okay i take it? >> yeah. she is doing okay. >> skidding towards the end and the nose was holding it down and then i saw a wheel pop off of the plane towards our plane. but everyone evacuated and the buss came and they were fine. bill: in the end they were okay, but, man, what a scare that must have been a statement from the airline now, quote, all customers have been deplaned and transported to the termnal. responders are caring for five customers and three flight attendants that reported injuries at this time. the southwest is cooperating with the local authorities and ntsb has been notified. end of quote there. latest investigation how something happens like this and how in the end everybody gets off okay. wow! 12 minutes past the hour. martha. martha: all right, bill. well in a moment we'll talk to a former press spokesman for the queen herself. we will find out what his recommendation would be for when the royal child might be finally shown to the rest of the world here. could be over the next couple hours. we'll talk to him in a few moments right after the break, bill. back to you. bill: i'm cheering william george for that name. president obama making all out-push to for the health care law. calling on big-time celebrities. why is this necessary? we'll debate that with bob and mary catherine. the motor city is nearly out of gas. one of your cities, is yours one of them? what other cities risk going down the same road as detroit. >> i'm empathetic about the problem but i also say is, we don't have a choice. we've crossed the rubicon on the level. we have 18 plus, 18 to $19 billion in debt and no funding mechanism for it. this is a question of necessity. so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do. we've added cutting-edge technology, like a new deepwater well cap and a state-of-the-art monitoring center, whe experts watch over all drilling activity twenty-four-seven. and we're sharing what we've learned, so we can all produce energy more safely. our commitment has never been stronger. that's a good thing, but it doesn't cover everything. only about 80% of your part b medical expenses. the rest is up to you. so consider an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement plans, they help save you up to thousands in out-of-pocket costs. call today to request a free decision guide. with these types of plans, you'll be able to visit any doctor or hospital that accepts medicare patients... plus, there are no networks, and you'll never need a referral to see a specialist. join the millions who have already enrolled in the only medicare supplement insurance plans endorsed by aarp... and provided by unitedhealthcare insurance company, which has over 30 years of experience behind it. with all the good years ahead, look for the experience and commitment to go the distance with you. call now to request your free decision guide. bill: celebrities sell all kind of things, you know, but can they sell obamacare? the president, the white house, sure hoping so. mr. obama turning on the star power meeting privately at the white house with some of showbiz's biggest names. there is oprah. there is bon jovi. alicia keys. then there is bob beckel. former democratic campaign manager, co-host of "the five." mary catherine ham, editor-at-large of hotair.com. fox news contributor. if you want star power, why not call on you two. mk, if he wants to sell it, she has to call beckel. he has has second highest rated program in all of cable news. >> young hit, suspenders. >> that is good for the segment. bill: that's where the compliments stop. mk, why do they need to do this? >> well they really, really, really need young people to sign up unobamacare because, young and healthy people are cheap to treat because they don't get sick that often. because they don't get sick that often they don't buy insurance that often because it is not a great financial decision for them when you weigh cost benefits. they need them to sign up to subsidize older sicker people. the facts are clear. pretty much nobody argues with them, because of that young people will get stuck with higher premiums especially buying on the individual market. so they need them to sign up and people like kanye west are really good getting people to buy $120 plain white t-shirts and maybe they can make them do this decision as well. bill: bob what do you they have the strategy? i get it is necessary because they're doing it. the question is why are they doing it? >> it's a good strategy but a day late, dollar short. the problem with this whole issue the white house gave the playing field to define the affordable care act to the opponents and for many months they were trying to play catch-up. now they have got now, what, three months, four months until the opening of these exchanges. bill: 71 days. >> 71 days. so they're going out there to try to do it. mary catherine is exactly right, you need to have young people or the insurance industry who are for this thing or tentatively for it or they will back off. the question is they are doing the right thing but shouldn't they have done it earlier? bill: i wonder what they know on the inside that they have not seen just yet that young folks are not in tune with this as you rightly point out, if they don't buy into it the numbers don't work. >> not only if they don't buy into it, you have the death spiral everybody's premiums go up because you don't have them there to subsidize it. also one of the problems is, paying penalty for not getting insurance might be cheaper than buying insurance even with a subsidy perhaps. we haven't seen the actual final numbers on a lot of this stuff. in that case, maybe a lot of folks are not tuned in, well at the end of the year, go, that penalty is not too much. by the way if i get sick i can sign up for insurance whenever i want because of preexisting conditions. >> poles say more people know more about the act they like it. problem is they don't don't knoh about it except negative information. young people that don't get insurance you're exactly right. they get injured badly in car wrecks and rest of us take care of them the rest of their lives. this is, they have been getting a pretty free ride. >> the free rider problem is small. they want them in the system because they're cheap. >> you could -- bill: right. you need more of them than folks that actually need the help. cbo says in 20,147,000,000 people will sign up for the marketplaces and 2.7 million, or 40% will be young americans. if those numbers aren't there, this thing -- >> you're right. millions of people will be benefiting from it right now so. bill: all right. okay. what does the g stand for by the way? >> it stand for george which will be the name of the baby. >> i didn't know you guys were so close. bill: they shall be. >> right like this. >> see you at 5:00, robert. see you robert. this did not take long. george zimmerman back in the headlines and it has nothing to do with the acquittal grabbing the nation's attention. what he did that are many calling him aheer row. plus the royal baby watch. when will we see the future king, growing up in a media bubble, is much watched grandfather could only dream of back then. the great outdoors, and a great deal. grrrr ahhh let's leave the deals to hotels.com. perfect! yep, and no angry bears. up to 30% off. only at hotels.com. folks have suffered from frequent heartburn. but getting heartburn and then treating day after day is a thing of the past. block the acid with prilosec otc, and don't get heartburn in the first place. [ male announcer ] one pill each morning. 24 hours. zero heartburn. martha: welcome back, everybody. we are outside of st. mary's hospital where we're waiting for an appearance of the new royal family and the baby to happen at some point in the afternoon, early evening we hope. i want to bring in i am mow gene lloyd weber to talk about social media which already played a huge role in the news that surrounded the birth of this royal child. in fact, 23,500 tweets a minute. the only event that passed that was president obama's election. huge number of tweets out there as all of this news broke over the course of yesterday afternoon. and then you had a million hashtag royal baby tweets go out within one hour. it just gives us a sense of the kind of reality that this child will be living in where it's every move will be cataloged and transmitted instantaneously over social media. imogen, good to have you with us of course. what do you make of all that? >> the queen mother calls monarchy, an intolerable privilege, which is absolutely with will happen in the social media age on steroids at many levels. if there is anybody in the world who can help the his royal highness. princess of cambridge, baby cambridge through this, it is william. kate gave birth. we didn't know about it for hours. they managed to keep it, from all social media and keep it secret. william will be fiercely protective of the baby. he is laying down the law right now. it is very interesting, looking at william and harry growing up. they have what is around them as a ring of fire of friends. i know many of these friends of william's and harry's but they will never ever talk to me certainly about william and harry of the they know what i do for a living and certainly you will see royal baby. the royal baby will meet some friends at school. william will probably be helping the royal baby pick those friend out and they will be very protective of the royal baby. martha: yeah. and indeed, you know, kate has been so careful about her own image and it goes back to her days at st. andrews. even the a couple of pictures that leaked out of her dancing or having fun at parties, never with a drink in her hand. it would appear that all along she had hoped this would be her future because she was very careful in an age when all of this was starting to, you know, corrupt a lot of people's lives and give them problems. exactly -- >> exactly that. william talked about in the engagement interview with kate how they hoped they learned the lessons 2349 past, meaning all the problems for diana. diana was married to the heir of the thrown so a huge level of pressure. kate is allowed to be a flexible royal. hands-on mother. no news afnan any or anything like that. stay-at-home mom. do engagements, here and there that royal baby has a buffer zone. it is extraordinary. we're in the position for the first time in over 100 years of four monarchs basically alive. four generations of monarchs. you have the queen, charles, william and the baby. the baby will be protected a bit more. the press are aware. they do know that william believes on many levels they drove diana to her death. so they are a little bit more understanding, certainly in the u.k. so there should be a degree of privacy for the royal baby. of course difficult in the social media age. martha: yeah. perhaps the baby won't be taking lessons from prince harry who has been a little less successful and has some unfortunate pictures leaking out. and we saw yesterday, when kate went into the hospital, there was sort of an agreement that no pictures would be circulated of her actually going in. we saw the cars but no kate. we wait for her to appear on the steps behind us here this afternoon. thank you so much. we'll speak with you later. bill, back to you in new york. bill: i think harry will be a great-uncle. thank you, martha. awaiting the first picture of the new prince and awaiting the name. you will hear it here first when it happens. al qaeda a surge is brewing. hundreds of senior operatives in the terror group are now on the loose. we'll tell you where and how this happened next. for a strong bag that grips the can... get glad forceflex. small change, big difference. ♪ [ female announcer ] when your swapportunity comes, take it. ♪ what? what? what? [ female announcer ] yoplait. it is so good. bill: we have a fox news alert. the pope is on the road and a day off for pope francis after a busy start on his trip to brazil. the pope was welcomed by thousands traveling in that small car in rio. but there was serious concern for his safety after a bomb was found inside of a shrine he was scheduled to visit. less than an hour after his welcome ceremony, violent protests also broke out in many rio. fire bombs were thrown at police who responded with rubber bullets. the anti-government protests started last month. in addition to all that, the pope's driver apparently got lost for a short time along that parade route. his trip continues in south america. in the meantime, is al-qaeda making a comeback? an ominous development in the war on terror. al-qaeda claiming responsibility for an assault on an iraqi prison freeing hundreds of the worst criminals, many of them with death sentences including senior members of the terror organization. the deadly raid taking place at iraq's notorious abu ghraib prison. ambassador john bolton is with me now, the former ambassador to the united nations and a fox news contributor. sir, good morning to you. >> good morn, bill. bill: what does this mean about the strength of al-qaeda not only in this country, but also where as you rook at 500 of the most wanted behind bars, many sentenced to die, are now free. >> i think it reflects the growing sectarian conflict inside iraq itself as the sunnis become more radicalized in the conflict with the shia-led government of prime minister al-maliki. and i think it's very bad news. i think it's a reflection on watches after the united states -- what happens after the united states withdraws militarily and our ability to kind of tamp down some of these sectarian conflicts diminishes. but i think it's also got significant implications worldwide. the al-qaeda in iraq franchise was probably the biggest, it was considered al-qaeda's central front in the war against the west before the bush administration surge in 2007 and '8. and i think that if iraq descremeds into the kind of civil war that we see now in syria, that this problem, this radicalization, this opportunity for al-qaeda is only going to get much more serious across the entire middle east. bill: even if we were there in great numbers, what kind of numbers have had to keep there no prevent incidents like this? >> well, i think it's less a question of numbers than the political significance of the united states being there. you know, a lot of the effort was undertaken during the surge in particular to try and reinstill a feeling of iraqi determination to have a free nation, a secular nation. that's disappeared. now, it may have been a long shot to begin with, let's be clear, but it's disappeared with the withdrawal of american forces, the al-maliki government is effectively under the control of the ayatollahs in tehran on key important strategic decisions, and i think that's one reason why the sunnis, the arab sunnies and the kurds have come into increasing conflict with al-maliki and why the risk of iraq descending entirely into sectarian conflict is a very real one. bill: by the way, there was another attack on a prison knot of bag -- north of baghdad, that was repelled by the government forces of iraq that we largely have trained. but it comes back to the fundamental question how equipped and how capable are iraq's forces of maintaining peace and control in that country. do we know that? >> where well, some are well trained, but i think the real risk is that forces that are nominally part of the army or the police force of iraq itself are really thinly disguised shia militias under al-maliki's political control and under the influence of al-sadr of the iranians, of a variety of shia organizations just as on the sunni side they're increasingly susceptible to al-qaeda. so i think when you see these two extremist views really growing in strength, you can see why the likelihood of at least the prospect of sectarian civil war is very real. bill: 500, most of them convicted senior members of al-qaeda and had serviced death sentences -- had received death sentences, and many of them are free now. john bolton thank you. from washington. in the meantime, george zimmerman is back in the news less than a week after he was cleared of all charges in the shooting death of trayvon martin. florida police saying that zimmerman helped rescue a family trapped in a flipped-over suv. here, now, one of the 911 calls from a witness on the scene. >> yes, i just witnessed an accident on the off ramp -- bill: wow. that is remarkable. police saying zimmerman was one of go men who came upon the crash. he left after speaking with a police officer on scene. now, his lawyer, mark o'mara, remember him? saying that he is not surprised that zimmerman stopped to help. >> i wasn't surprised at all. the timing was sort of unique, but the idea that he would stop to help somebody out in trouble is the george zimmerman who i've known or found out about his whole life. so the idea that this is now who he is is just in his nature. and i just wish that people would look at this and understand that's who he is. bill: o'mara, the comment there. of a family of four, apparently, inside that suv. george zimmerman had been in hiding since more than a week ago. detroit is not the first american city to file bankruptcy, but it is by far the largest by a long shot. a list of major cities that might go next after detroit unless something changes. is your city on the list? and a link between skipping breakfast in the morning and america's number one killer. ♪ ♪ what makes your family smile? backflips and cartwheels. love, warmth. here, try this. backflips and camm, ok!s. ching! i like the fact that there's lots of different tastes going on. mmmm! breakfast i'm very impressed. this is a great cereal! honey bunches of oats. i hear you crunching. bill: that's a bit of a problem there. our apologies for that. sometimes the earpiece doesn't work from new york to london. but we'll get back to st. mary's hospital and martha in a moment here. waiting to see the new prince. he's going to be out someday, we're told, and also awaiting a name. we also await the first court hearing related to detroit's bankruptcy filing. what a mess this is. we're getting a better glimpse of how other cities could be heading down the same path. moodty's put minneapolis on that list, chicago, cincinnati, santa fe, new mexico, and portland, oregon, all based on the finances they're now seeing in those towns and specifically in those states. art laffer is here to explain, senior adviser for ronald reagan. good morning to you. were you aware of these five cities and, if so, what is their state, and are they going to be the next detroit? >> yeah, those five are five of the bad ones. but let me tell you, there are three ways that these cities have problems. number one, we have the worst single recovery in the u.s. in u.s. history, and that puts every state and every city under pressure. then you've got the states like minnesota with mark dayton as the golf that's just -- as the governor that's just raised taxes dramatically, and that just doubles down on the damage done to minneapolis as well. ohio has been a disaster case for years and years and years. john kasich is trying to do a good job there, but he's fighting strong headwinds in the state, and i'm from cleveland myself and, i can tell you, it's a real tragedy what's happened to ohio over the last 30 or 40 years. bill: do you think just before we get to detroit, michigan, are they, are they truly headed the way detroit is? >> yes, they are. they clearly are. i mean, when you have 1400 separate income taxes in ohio, 1400, every city, county, each one has a separate income tax added on to the state income tax added on to the federal income tax, and you wonder why people aren't working. bill, you can't tax an economy into prosperity. and they're -- bill: i didn't think the taxes were that big of an issue michigan, it was the pension plans that were set up 50 or 60 years ago that they're still living off of. >> but that's true too. it's a confluence of all of these events lined up. detroit has a separate income tax of 2.5% on individuals. it also has a separate corporate tax in detroit itself. does that explain why people move to the suburbs? then you have michigan has a separate corporate tax and a separate income tax. it's one of the most unionized states in the nation. they have about the poorest division of public services, and yet those public employees have about the highest pay as well. so michigan as a state is the number 50, the worst performing state -- bill: the worst. >> population, labor force, employment and total state product, they are terrible what's happening and, of course, state finances follow suit. bill: so you would argue then the bankruptcy move, they had no choice then? >> no, no choice whatsoever. and if things continue the way they have, you're going to see a lot more coming down the pike as well. and they'll just go michigan, detroit happens to be the very worst in the nation of major cities. bill: this is like a ponzi scheme. you're taking money from the people working and paying taxes and giving it to folks -- how can you blame them? i mean, listen, they were under contracts, art, for decades. >> of course, they were. bill: now they're retired, and they have an expected income, and they're waiting for a judge to sound off on whether or not they're going to get 75 cents on the dollar or 50 cents on the dollar or a dime on the dollar. >> exactly. that's what happens when you have corrupt government that doesn't look forward for years and years and years. now, no one deserves to be liable for their pension underfunding, no one does. who pays their bills? that's where they are today. that's the nature of a bankruptcy is everyone loses. how do you solve it? bill: there's a court hearing tomorrow, but i think it's going to take some time before we really figure out what the judge is going to decide here. big, big issue though. these other cities are waiting and watching to see what this judge does to see whether or not unions in other towns need to renegotiate now so that they can safeguard, you know, the greater majority of the money that they believe is coming their way. >> yeah. well, the administrator of detroit, bill, tried to do -- i mean, i saw an interview with him, and he's just excellent. he tried to negotiate all these things ahead of time so they wouldn't have to declare bankruptcy, so they could solve it rationally, and they wouldn't go along with it. the unions would not allow any of their benefits to be reduced and, therefore, there was no choice. you know, with states by law it's a contract. the pension benefits are a contract, and the only way you can break a contract is by declaring bankruptcy. that's not true of the federal government, but it is true of state and local government. it's amazing. bill: yeah. we'll see what happens beginning tomorrow in the court. thank you, art, good to have you back on out of nashville, tennessee. martha? martha: hello there, bill. we can hear each other again. and as i mentioned earlier, we're waiting for the prince to come out. we know that kate and william and the baby are doing well according to kensington palace. we do expect we'll see them over the next several hours. very latest we're learning would be tomorrow early morning as she continues to recuperate from the birth of the baby. and we also know william has just two weeks off from raf, he's a rescue helicopter pilot, a job that he takes very seriously. over the course of the rest of the summer, he'll be considering what he will do next, whether he will finish out his term with the raf, and then that ends, and will he continue to serve as a pilot, or will he start to take on more royal duties? and this becomes one of the biggest questions here in terms of who plays what role. the queen, obviously, has no, no suggestion that she has any intention of tenning down. when the queen -- of stepping down. when the queen took her role she said whether my life be short or long, i will serve my country til the very end. that's exactly what everybody expects she will do. but we do expect we'll take greater roles taken on by prince charles, also by prince william and especially if he decides not to return after his current period is up with the raf, so those are big decisions that face the new dad in the very near future. back to you in new york. bill: and all of us who thought it was going to be a girl were flat out dead wrong. i was one of them. thank you, martha. all right, a new push for answers on benghazi in a big way on the hill. some republican lawmakers breaking ranks, demanding a special investigation. we will talk to the congressman who is leading that charge in a moment. and better eat your breakfast. how skipping your morning meal may dramatically increase your risk of danger -- developing, rather, a dangerous disease. , ♪ ♪ bill: about eight minutes now before the hour, skipping breakfast might be risky. a new study published in the journal circulation showing that men who do not have the most important meal of the day have a 27% higher risk of having a heart attack or dying from coronary heart disease compared to men who do not eat breakfast. with me now, dr. stephen garner of new york methodist hospital. good morning to you. >> good morning, bill. bill: what do you think about this? >> i don't know, let me ask you, do you eat breakfast? >> i do. >> they just look at if you did eat, you had a 27% less risk of dying from heart attacks. bill: okay. so the study said they looked at what you eat in the morning, right? because there's an internal clock that regulates the body's function. >> you can't mess with mother nature. when you take a plane trip to another country, you get jet lag, right? well, the body's supposed to eat breakfast, lunch and dinner. when you skip one of the meals, it fools the organs of the body, and the pan crease and the heart and the liver all go awry, and they begin to malfunction after many years. bill: i see. so why did they not look at what you ate? that would seem like an important item here. >> me too. i think they missed the boat. they looked at 27,000 men, this was a study of cause and effect to say if guys don't eat breakfast, are they going to get heart attacks, so it was slightly different from cause and effect. so they didn't have control, they didn't know what the people ate because they looked at all the studies. bill does that mean the study is better or is not? >> it limits the study. they also found a number of interesting things. you get up at night and you want to eat, then you have a 55% increased risk of getting a heart attack. don't fool with mother nature, eat when you're supposed to eat, eat breakfast, lunch and dinner, eat in moderation. bill: did you think this was related to heart disease? because that's what they, apparently, found. >> well, if you skip breakfast, you tend to be more obese, have high blood pressure and tend to have increased cholesterol, so these are all things which lead to heart attacks. common sense, if you have all the things that lead to heart attacks, you're going to have more heart attacks. bill: 27,000's a pretty big sample though over a 16-year period. that's a pretty good amount of time. >> >> i think it makes -- you have to, you know, take notice. it's definitely something. if you're skipping breakfast, and they looked at who skipped breakfast, all those who don't work out, those who drink a lot of alcohol, those who are unmarried and those who don't, who have full-time jobs. so it describes a lot of people, but people who you tend to put in an unhealthy category, right? you smoke, you drink. those were the people who tended to skip breakfast. is the fact that they're unhealthy to begin with leading them to more heart attacks or skipping breakfast more heart attacks? another thing that's left open, that we don't know. again, i wouldn't go crazy. if you're not hungry, don't stuff your mouth for breakfast, you know? but eat in moderation and know that the best way to eat is probably four meals a day, breakfast, lunch, dinner and a snack at bedtime. bill: okay. thank you, doctor. they've been warned. steven garner, thank you so much. see you at breakfast. >> take care. bill: big scare at one of america's busiest airports. a plane comes in for a lamming without its front landing gear. whoa. >> from what we know, the aircraft landed on runway four, and the landing gear collapsed, the nose wheel specifically collapsed. 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[ male announcer ] if you're eligible for medicare, you may know it only covers about 80% of your part b medical expenses. the rest is up to you. call and find out about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement plans, it could save you thousands in out-of-pocket costs. call now to request your free decision guide. i've been with my doctor for 12 years. now i know i'll be able to stick with him. you'll be able to visit any doctor or hospital that accepts medicare patients. plus, there are no networks, and you never need a referral. see why millions of people have already enrolled in the only medicare supplement insurance plans endorsed by aarp. don't wait. call now. martha: all right. we're here outside st. mary's hospital. there is definitely increased security presence we've seen over the last couple minutes. they're closing off areas that we've been walking around fairly freely in last couple minutes. over my shoulder, there is some indication we may see family members arriving some minutes away. we'll keep a close eye on that. we have some indication it may be members about kate's family, perhaps the middletons. we'll check in with when we know and certainly we'll take you live when that happens. as we await that, we'll get back to a some of the excitement and pomp and circumstance over the past 24 hours. >> hooyy. hooy a ay. on this -- hooyah. this year the 2013, the a future king, first-born of the royal family, the duke and duchess of cambridge. the third heir to the thrown. grandson of her majesty the queen and the grandson of the prince of wales. may he one day reign over us. governor safe the queen! martha: we are outside of the hospital, choppers above, clearly excitement building here. not sure which family members we're about to see. look over my shoulder here for a moment. you can see sort of in the crowd there ed perkins, who is the press secretary for the duke and duchess of cambridge is in the crowd. also some palace spokesmen are also gathering. we have some indication it may be kate's family. there was a lot of speculation they might be here during the delivery last night. we have learned that was not the case t was just prince william in the room and kate as the baby was delivered with the doctors. we'll keep a close eye what is going on here. as soon as news breaks we'll bring you back here live, bill. back to you for now. bill: thank you, martha. waiting on a name, waiting on a face. meantime back here in new york, laguardia airport is open this morning after a hard landing of a southwest airlines jet that temporarily closed the airport last night. the frond landing gear collapsed upon landing, sending the plane's nose into the tarmac as it skidded to a stop. hear the passengers on board describe how they felt and the panic throughout the aircraft when that plane went down. >> the front one didn't stop when it was supposed to, you know. it didn't stop where it was supposed to. it skidded and on fire. >> describe the sparks and fire you saw. >> sparks and this on the side and fire. not a fire that means it blew up. >> when he got over grand central park way, that is when he started, you know, he went nose down. >> was there a noise or? >> kind of like a boom noise. it wasn't too loud but, yeah, that's scary. >> then what happened? >> he crashed! as you cane. >> julie banderas live in the new york city newsroom. this could have been a lot worse. what happened when the plane tried to land, julie? >> reporter: can't imagine what it was like for all of those passengers and went through their minds in those moments as it attempted to land on board flight 345 as their two-hour flight from nashville came to an abrupt halt here in new york. here is the boeing 737 being towed off the tarmac this morning. passengers described feeling jolt when it hit the runway. that that jolt was the landing gear buckling upon touchdown a passenger on a us airways flight about to take off and saw the whole thing, said the landing gear look like it just crumbled on impact. among the 150 people on board including crew, 10 suffered minor injuries. six passengers and at least five crewmembers were transported to local hospitals for back and neck pain. four were treated at scene and four others suffered anxiety attacks. fortunately the plane didn't catch fire or the situation like you said could have been much worse. the plane touched down within the first one thousand feet of the runway. it skidded into a grassy area halfway down the 7,000-foot stretch. it is still unknown exactly when the nose gear failed. the ntsb is investigating. of the incident caused delays for dozens of flights in and out of laguardia airport causing one of the nation's busiest airports to shut down. it reopened today but slowed air travel. bill: this accident is not that common though, is it? >> no it is not. those about to board a plane overall. in fact air travel had its strongest safety record in recent years this latest incident happens to come after a recent string of high-profile commercial jet accidents in july including the crashes of an asiana boeing 777 that killed three in san francisco as you may remember. according to the ntsb southwest has only had one accident involving a fatality. in 2005 one of their planes slid off the runway in winery conditions that is bit. a pretty good record for them. bill: thanks. julie banderas live in new york city on that. the parents have arrived. back to martha now in london. martha: all right. moments ago here outside of st. mary's hospital we did see a car pull up. very non-descript vehicle. karen and michael middleton, the parents of the duchess of cambridge. the grandparents. they went in to have their first visit with the daughter. this is the one of the first indications why we haven't seen prince william and duchess yet with the baby. she was waiting for her mom and dad to arrive. we have a former press spokesman for queen elizabeth and a long-time close person to the royal family. vicki what do you make of what we're seeing here today? >> they arrived in a taxi, ordinary london tax system what i make of it, kensington palace announced if they were to leave today, late afternoon but not before 6:00, possibility of leaving tomorrow morning. a visit by mom and dad indicates they won't be going to tomorrow morning. then why would they come up to the hospital? martha: that makes a lot of sense. the buzz we're hearing comes from folks who are possibly security people who are watching the situation very closely and they expect the prince of wales may also make an appearance. so it appears that the schedule is that family members are indeed starting to come to the hospital. perhaps kate is not ready to go home. the duchess wants a little more time. who can blame her right? >> can't blame her really. you as a mother what the mother goes through in giving birth and an 8-pound, 6-ounce baby is very big baby. she is probably in the best place too. get climatized and have rest after gifting birth. martha: you have given a lost advice over the years to the queen how to deal with the media obviously. there is media from all over the world here. news crews from russia, from turkey, from croatia, literally organizations from all over the world. so what would you be advising them in terms how they should make the presentation to the public here? >> what they are going to do, this is sort of standard thing, they will come out of the lindo wing and walk to the middle. road and pose, pose for pictures. there might be questions shouted at them from reporters. william might well answer, how do you feel, that sort of thing? but they won't be under any pressure to answer any questions. basically what they want is a photograph. a bit of film footage for news. a bit of a photograph for newspapers and magazines and a sighting of the baby. the baby will be cradled i would have thought in mom's arms. whether or not they see the face we don't know. we didn't see william's face when they came out in 19826789 we didn't see harry's face either. depends on the weather. >> we remember the shouts, princess diana, show us the baby, show us the baby. everybody wants to see, everybody is curious to see the baby but we may not. obviously they will be setting the tone how they want the relationship to be with this child with the press. >> yeah, exactly. william is carrying a lot of baggage when it comes to the press. he remember what happened to his mother in 1997. the british press, the paparazzi, he lumps everybody into one. what a lot of people forget and what he remembers, they went on the holiday, in virgin islands, there were boatloads of british press, floating in the sea, photographing harry and his mother on the beach. so he has not forgotten about that. the british press, they also harass and that's what he doesn't want. martha: we'll speak to you later. many thanks. bill, back over to you in new york. bill: great insight, martie that. we'll see if he is right in a matter of hours or moments outside the hospital. thank you, martha. back here at home there are new calls into the investigation into the attack that killed four americans in benghazi. texas congressman steve stockman is our guest. wait until you hear what he is trying to do to try to get some answers. a powerful storm causing flooding in one state. the homes and roads that are underwater. you wonder what earth looks like 900 million miles away? you're about to find out. ♪ [ male announcer ] come to the lexus golden opportunity sales event and choose from one of five lexus hybrids that's right for you, including the lexus es and ct hybrids. ♪ this is the pursuit of perfection. mhandle more than 165 billionl letters and packages a year. that's about 34 million pounds of mail every day. ever wonder what this costs you as a taxpayer? millions? tens of millions? hundreds of millions? not a single cent. the united states postal service doesn't run on your tax dollars. it's funded solely by stamps and postage. brought to you by the men and women of the american postal worker's union. help the gulf when we made recover and learn the gulf, bp from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do. we've added cutting-edge technology, like a new deepwater well cap and a state-of-the-art monitoring center, whe experts watch over all drilling activity twenty-four-seven. and we're sharing what we've learned, so we can all produce energy more safely. our commitment has never been stronger. bill: it is raining in deserts. when it rains in the desert this is what you get. a soggy weekend followed by a downpour that dropped three inches of rain. forcing drivers to either brave the floods which is not recommended or simply sit there and wait. forecasters said the area near phoenix should see a break in the heavy rain today or tomorrow. for them we certainly hope so. another alert now. watch the hill at noontime. new pressure on house republicans to bring a vote on legislation that would allow a special committee to investigate the deadly consulate attack in libia. my next guest releasing what some believe to be the largest petition ever presented to congress. literally. a 60-foot long scroll of veteran signatures who want this investigation to happen. republican congressman steve stockman out of texas is member the house foreign affairs committee. sir, welcome to our program and good morning to you. >> good morning, bill. bill: we'll get to the event in a moment but why do you think a special investigation is necessary? >> 2 has been a year since benghazi happened. my own committee which is investigating benghazi, we now had two hearings canceled. we believe because it is witnessing tampering or intimidation. the state department refused to release a lost witnesses from commitments, they signed an oath of secrecy or whatever. we're asking the state department to allow witnesses to come forward, stop interfering with the investigation. since they refuse to do that, we're asking for a special committee that has subpoena power to open up this, what is really the sad situation and i believe it is involved with many people in, i think this could be explosive if it ever got to the people. >> the house speaker john boehner has not gone there he has been asked about it repeatedly. he said four different committees doing fine work already. why is he wrong? >> well, because obviously i'm one of the members of the committee. we're not getting cooperation from the state department. we need more subpoena power. more focus on this issue. it is not working. if it was working i wouldn't say anything but quite clearly if, if you are having witnesses that don't show up, that don't want to come, who claim that the state department is forced them to sign additional security agreements, this is, this is a situation where we need somebody with special powers to issue subpoenas -- bill: doesn't the house have subpoena power now? >> not really. apparently we have tried to get them to come forward but there is some contradiction between what they have signed, when they first come on the state department. the state department also made them sign additional pledges. so there is conflict what they can talk to us. if we have special subpoena powers i believe we can get to the bottom of it. bill: others argued otherwise on that. but you believe this benghazi investigation will lead somewhere. what is your hunch? where will it lead? what answers will it give you? >> we have so many in the administration trying to block the testimony. we haven't even heard from some of the survivors that were there. we haven't heard from a lot of people. the way that they're so obstinate about this and so willing to go around congress and not let us hear the information, it just raises the level of suspicion that there's something going on. if there was smoke, there was probably a lost fire. bill: so you think they're hiding something quite clearly? >> clearly they're working so hard to stop witnesses coming forward. bill: the 60-foot scroll at noontime i do believe? it has been signed by a thousand special-ops veterans. will this happen today or are you getting resistance from capital police. >> capitol police say we're not allowed to do it. we're working with them. we'll unfurl the scroll and demanding that we have a special investigation. we owe it to the survivors and we owe it to the victims that were killed there. that more of the story be told. this is not something we should hide from the american public. bill: have you contacted the speaker's office and told him about your intentions and if so? >> oh, yeah. we issued -- he hasn't said anything to me personally. i will let him know i respect the speaker. i respect pete session, my fellow texas congressman. this is something that hasn't really been done since 1934, releasing a petition against a rule of the house. so we're, don't know where it is going to lead to but we hope it leads to finding the truth and getting to the bottom of it. bill: you think this is the kind of attention it needs. 1934 you say? that was the last time? >> that was last time cording the parcel men aryan a kiss charge petition was con against the rule in the house. so we're doing something a a little bit novel but i think it is unprecedented but it is meaded. bill: one of the military leaders as you know now will be interviewed. this was a man thought to be in retirement or near retirement and i was some would argue blocked from an investigation. he will now speak. will that give you answers you need? >> i hope so but i also want to hear from some of the survivors that are not being allowed to speak and also some people that apparently signed sworn statements of silence. i call upon the state department to release them from those commitments. bill: all right, sir. we'll see where that goes. thank you for your time. >> thank you. bill: steve stockman, noontime, a 60-foot scroll. we'll see how it goes sir from capitol hill. >> thank you. bill: 17 minutes past the hour. let me get back to london now and martha. martha: it is family time here at the hospital, bill, at st. mary's. we just watched carol and michael middleton walk in. no doubt a very joyous moment as they see their daughter for the first time as a mom and meet their grandchild. prince charles, we're just learning from the press secretary to from the duke and duchess of cambridge, charles is expected to be here five p.m. london time. so noon very shortly. clearly the plan is for the family to meet here and then we'll find out when we'll actually get a look at the baby ourselves. we'll take a quick break and we'll be back with more from london. ♪ you need a girls' weekend and you need it now. ladies, let's goo vegas. cute! waiter! girls' weekend here! priceline savings without the bidding. backflips and cartwheels.mile? love, warmth. here, try this. backflips and camm, ok!s.mile? ching! i like the fact that there's lots of different tastes going on. mmmm! breakfast i'm very impressed. this is a great cereal! honey bunches of oats. i hear you crunching. bill: there is a push to come up with a new dollar coin in america. we've had the susan b. anthony coin in the '70s and the version in 19 '90s. unlike last time some lawmakers proposing making the dollar coin permanent and us using it to wipe out the dollar bill all together. some consumer advocates think it's a good idea because they say it would save the government as much as $13 billion over the next 30 years in added printing coins. coins are more expensive to produce than bills, advocates say it is still worth it because the coins last up to 30 years longer than a paper bill in circulation. hmmm. martha: we are back outside the hospital at st. mary's. so much of the waiting game here is what the child will be named and of course in england they never miss any opportunity to bet on anything. i'm here with my friend rory scott of paddy power, one. top entities taking bids on the royal name. you have a cute little guy now. yesterday we didn't know whether it was a boy or girl. everybody thought it was a girl so all those people were wrong. how are we doing with the royal baby name? >> 120,000 bucks in 24 hours. push the total market past half a million pounds. that is extraordinairery. moist of the money on the name, george is the current favorite, regal george. seeing a lot of money. it is 7-4. that cut in slightly. james the name of catherine's brother. martha: alexander on the list, richard on the list. lewis is one of william's middle name as is phillip, the duke of edinborough is phillip and that would be high. james is kate middleton's brother. >> that is her brother. i like alexander. alexandra is favorite for the girl. that is modern name. william and kate are modern couple. they want to do their way. they have the family to appease and a thousand years of royal tradition and don't want to upset the queen. martha: long odds, you don't have the name of geoffrey on here. "game of thrones" fans are big in the u.s., geoffrey. >> is this geoffrey in england. geoffrey with the accent. i think it would be a little shorter than silvio at 300 to one. i think geoffrey would sit 100 to one. that is quite an english name, isn't it? martha: you managed to get somebody who bet it would be hashtag. get to the point and hashtag and get the twitter feed going. >> names are coming out of fashion. not whether they're trending to start trending but we're taking money on everything. martha: so when you look at these names on the list, when do you expect we'll get an answer on this? >> we're actually taking bets on that. odds on today. i don't know whether that will come good. william of course took a week, maybe 10 days to be named. charlie, prince charles was a month. so i might be outhere in a month's time with this board. martha: we will see. i'm betting on george. we'll he will see how it goes, rory. great having you around this week. we'll see who makes some money on this. >> we'll see. thank you very much. martha: roy scott as we stand outside st. mary's waiting for the next group of family perhaps to arrive. we send it back to you, bill in new york. bill: love a man who bring as chalk board to work. thank you, martha. a stunning admission leave as pro baseball all-star on the sidelines. while we could see some of the biggest names in baseball on that same list. close call for victims of a plane crash at a major american airport. could this have been avoided? >> the plane was coming and my husband noticed that it was like out of shape. like it wasn't supposed to land that way. he said, oh, my god, i think something's wrong. it landed over there the front wheel didn't come up. on their 401(k)s?! go to e-trade and roll over your old 401(k)s to a new e-trade retirement account. none of them charge annual fees and all of them offer low cost investments. e-trade. less for us. more for you. thto fight chronic. osteoarthritis pain. to fight chronic low back pain. to take action. to take the next step. today, y will know you did something for your pain. cymbalta can help. cymbalta is a pain reliever fda-approved to manage chronic musculoskeletal pain. one non-narcotic pill a day, every day, can helpeduce this pain. tell your doctor right away if your mood worsens, you have unusual changes in mood or behavior or thoughts of suicide. anti-depressants can increase these in children, teens, and young adults. cymbalta inot for children under 18. people taking maois, linezolid or thioridazine or with uncontrolled glaucoma should not take cymbalta. taking it with nsaid pain relievers, aspirin, or blood thinners may increase bleeding risk. severe liver problems, some fatal, were reported. signs include abdominal pain and yellowing skin or eyes. tell your doctor about all your medicines, including those for migraine and while on cymbalta, call right away if you have high fever, confusion and stiff muscles or serious allergic skin reactions like blisters, peeling rash, hives, or mouth sores to address possible life-threatening conditions. talk about your alcohol use, lir disease and before you reduce or stop cymbalta. dizziness or fainting may occur upon standing. take the next step. talk to your doctor. cymbalta can help. 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[ command center ] mission accomplished. ...and a great deal. . thanks to dad. with new swiffer bissell steamboost. nope eeeeh... oh, guys let's leave the deals to hotels.com. ooh that one! nice. got it! oh my gosh this is so cool... awesome! perfect! yep, and no angry bears. the perfect place is on sale now. up to 40% off. only at hotels.com bill: right about 10:30 here in new york. 3:30 in london. one of our top stories back here at home, six passengers, three crewmembers recovering a day after a hard landing of a southwest airlines jet at laguardia airport in new york. 150 people on board. here is the airport's general managetory explain what happened. >> the nose wheel specifically collapsed. the aircraft skidded down the runway on its nose and then veered off and came to rest in a grass area between the runway and taxi way foxtrot about halfway down the runway. bill: dr. vernon grose, former ntsb member under reagan administration and a member of the omega systems group. good to see you again after all these years, doctor. p thanks for coming in. tell me what you believe about the pilot, what he knew and did not know when he was bringing that plane in, do you do you believe? >> earliest reports said he knew he had a problem but i don't think he did. if he had he would have flown by as they did with jetblue eight years ago in los angeles and they would have him look at the landing gear. i don't think that happened. bill: in other words you circle the runway, you get a chance for tower to get a close look at you, and tell you what they see, is that what you're saying? >> right, that's what i think. also think about the injuries, bill. because we've got eight people injured but i don't know whether they were injured in the aircraft itself or probably trying to use the escape out of the airplane. bill: that is an interesting point because sometime that happens. you mentioned this jetblue deal in l.a. eight years ago? why? what was the outcome of that, doctor? >> for one thing it was an a-320 instead of a 737. southwest has almost exclusively 737 aircraft. these were a-320 with a nose gear problem. i have not heard of one since but what they did there, if he had known he had a problem he would have landed nose high on the main gear and then, at the last minute, lowered the airplane down on the nose but i don't think that occurred here at laguardia. bill: i see. so what you can do is buzz by the tower, busy airspace by the way too. not necessarily an easy thing to do in heavily trafficked skies here in new york city. is there an indicator on board in that cockpit that would tell the pilot whether the landing gear is up or down? >> well there was in the case of jetblue. he had a caution light that came on and that caused him to burn off all his fuel for three hours over the pacific ocean in los angeles. but i don't think that occurred here. this flight was from nashville, a relatively short flight and probably didn't have a lot of fuel on board. i don't think he knew he had a problem on he set it down on the nose. bill: is it difficult for a pilot to land a plane if the front landing gear is not down? >> not really. i think it's a minor problem if it is handled correctly. what he would have done if he knew he had a problem, he would have landed very nose high on the main gear until he could at the last minute lower it down on the nose gear, then it wouldn't have been very consequential. in this case i think the fact that he veered off the main runway at laguardia says he didn't know he had a problem until he sat down. bill: it takes some skill. southwest, how is that airline's record? >> well they have, in recent months they have been criticized for possibly poor maintenance. i don't know how that ever was resolved but i don't think, if it were a problem, it could be a maintenance problem or it could just flat be an o-ring that failed or a nose gear strut that might have failed because the landing gear operator will also be in on the investigation of the nts. about. bill: you also mentioned you burn the fuel. you do that to lessen the weight on board the plane. how much does that help though when you have 150 people on board and all that luggage in the cargo hold? >> well the less weight you have on the gear the better. in other words, if the main gear can sustain that weight, that's a good thing and so they wanted to get rid of the weight but also the fire potential as well. bill: all right. dr. vernon grose, thank you. have you seen many cases like this by the way? think about all the planes in the air every day. it is not common. doctor? >> no, it really isn't. it really isn't. these people lucky. we hope injuries are minor and they stay that way, minor. dr. vernon grose, good to have you on our program out of washington, d.c. 33 minutes after the hour now. there are new concerns about voters rights in california after the u.s. supreme court allowed gay marriage to resume in that state, ruling that ordinary citizens could not legally defend the law in federal court. critics worry the ruling will put all ballot measures in jeopardy, limiting the right of voters to pass laws without government. claudia cowan on the story out of san francisco. claudia, hello to you. >> reporter: good morning, bill. ballot initiatives like proposition 8 give voters a way to get around as they see unresponsive or even corrupt government. because the justices ruled on the standing issue, rather than on the merits in the prop 8 case it essentially requires that very same government to defend voter approved laws in federal court, something elected officials may not want to do, if for instance, the law calls for campaign finance reform. legal experts say while the ruling is a victory for gay rights advocates they should also be concerned because next time they could find themselves without legal standing if a law they supported is challenged in federal court and elected officials refuse to defend it. >> i think even left-of-center groups who read the decision are now concerned about their ability to move forward with initiatives and have an adequate defense in the courts of those initiatives. >> reporter: experts worry the ruling could breed cynicism. people might feel their vote doesn't count if no one is willing or able to protect their interests in federal court. one likely remedy to all this? another ballot measure says if there is a federal lawsuit, initiative proponents could act as agents of the state. >> to say when individuals vote for an initiative they're also authorizing or deputizing the proponents to defend that initiative in court. >> reporter: most experts predict this would be in the form of an amendmentment in to california's constitution. this would get broad bipartisan support. this is not idealogical issue but procedure having adequate legal representation. bill: claudia cowan in san francisco, thank you. labor unions trying to stop detroit from cutting pensions are now bringing their case to court. union members say they're worried about their pensions and are trying to derail the city's attempt to declare bankruptcy. that hearing is scheduled for tomorrow would determine whether or not other courts could hear similar lawsuits against the city. when we get a ruling however is not clear. a 911 civil shutting down one of the most populated cities in america. how dispatchers kept it running. lying to the public. >> way back! bill: until now. ryan braun is an all-star. he is an mvp. suspended without pay by major league baseball. is baseball ready to go after other all-stars? >> if i ever made any mistakes in my life i've taken responsibility for my actions. i truly believe in my heart and i would bet my life that this substance never entered my body at any point. hey! did you know that honey nut cheerios has oats that can help lower cholesterol? and it tastes good? sure does! wow. it's the honey, it makes it taste so... well, would you look at the time... what's the rush? be happy. be healthy. bill: new york city's 911 system crashing yesterday, forcing operators to revert to plain old, plain old pen and paper to record emergency calls. the system going off-line a number of times for a total of 90 minutes? in a city of eight million people? according to reports this all slowed the response time as bit. it is now up and running yet again. no word what caused the failures. we're told it may have something to do with the data storage equipment. an official says the system is 30 years old and it is being replaced. they were jotting down numbers and calls on pieces of paper now. major fall from grace a man once named the most valuable player in all major league baseball's national lying. milwaukee brewer, ryan braun, now officially suspended for the rest of this year. he admits to using performance-enhancing drugs. he is 29. said in a statement, quote, i realize now i have made some mistakes. i'm willing to accept the consequences of those actions. i am glad to have this matter behind me once and for all and i can not wait to get back to the game i love. you wonder if it is behind him once and for all. jim gray, sportscaster, fox news contributor, jim, good morning to you. he has a record when it comes to this stuff. i want to get you on record. what do you think of the result from yesterday? >> well, i think that baseball has gone after these guys in this whole biogenesis thing and they have nailed ryan braun. they have been unhappy since he was able to get out of a suspension on a technicality when he was able to say that the proper was flawed which it was and so was the test. he denied and denied. he lied to his teammates. lied to the public. lied to ownership and lied to the commissioner. now he is in the same category as lance armstrong. bill: wow, that is heck of a thing to say there. i want to show you what ryan braun had to say in february of 2012. this is man who apparently found, caught red-handed. he said the handling of his urine sample was not legitimate. he appealed and won but this is what he told his teammates, the public in milwaukee and the rest of america. listen. >> if i had done this intentionally or unintentionally i would be the first one to step up and say, i did it. by no means am i perfect but if i ever made any mistakes in my life i have taken responsibility for my actions. i truly believe in my heart and i would bet my life this substance never entered my body at any point. bill: wow. just listen to that now and think, as you say, deny, deny, deny. now yet he is caught again. major league baseball did have him, did they have him in the cross-hairs because of what happened a year ago? >> sure did. they were very upset with what happened and technicality and the procedure and ryan braun owes an awful lot of people apologies, particularly the drug tester just outside of milwaukee. his name was besmirched. arbitrator was fired by major league baseball because they didn't agree with his decision. he put other people's lives in peril and in jeopardy over the way that he has based. now he wants everybody to say okay, i will take accountability. it's a little too late for that. he has to pay the price for the consequence of his action and now he will. he also preyed upon the good name of the owner of the brewers who defended him. he was the brewers, guy, fans out there supported him and integrity and honesty of the ownership and it is all just wrong. you know, this is the scourge of professional sports. yesterday we talked about the greatness of phil mickelson but we also have all these guys using performance-enhancing drugs and this biogenesis thing will get bigger now. this legitimized, what tony bosh, the owner of biogenesis is saying. now all the other guys under this cloud of suspicion, this evidence must be pretty strong for ryan braun not to want to appeal the suspension and for him to say, okay, i'll take it. bill: there are reports that he has text messages going back between him and tony bosh. he was presented with the evidence and caught red-handed. by owe genesis is an anti-aging clinic south florida. apparently a lost baseball players, maybe as many as two dozen or more? were visiting this clinic including that of alex rodriguez from the new york yankees. what does this say about baseball and how they're going to try to clean this up? >> well, it says that some of these young men are trying to fight father time and they're going to an inaging clinic and not to -- an aging clinic and it is not to stop the aging. this is to get performance enhancement. this puts guys in awful lot of peril. there will be a lot more suspensions coming. this evidence must be very, very strong. major league baseball is happy. the commissioner's office is happy that ryan braun took this step. now they don't have to spend money on appeal and go through arbitration an helps him with all these other cases. they're not happy to suspend the former mvp of the national league. this clears the deck. watch out alex rodriguez. bill: you think so? you think a-rod is next? >> i do. yes. >> and after him? >> well look at the names on here. it is going, they're going to have a tough fight. major league baseball, the home office and the commissioner, they know they're going to have a fight with a lot of these guys because they're not going to step forward like braun did because they're going to fight it but the interesting thing in all of this too the major league baseball players association and michael weiner, their executive director, they have said now they will not defend people who have overwhelming evidence against them. he has come out and said that. bill: interesting. >> the players union always gone on board and always helped these guys with appeal, even in the face of tremendous guilt. so that's a big change and i think we're going to see this get cleaned up. they want this program to succeed. bill: wow, an interesting last point you make there. jim, to be continued, okay? jim gray from los angeles. nice to have you, jim. >> thanks, bill. bill: 14 minutes best hour. what in the world do we look like from 900 million miles away? stunning pictures of planet earth, deep, deep, space. ♪ members of the american postal worker's union handle more than 165 billion letters and packages a year. that's about 34 million pounds of mail every day. ever wonder what this costs you as a taxpayer? millions? tens of millions? hundreds of millions? not a single cent. the united states postal service doesn't run on your tax dollars. it's funded solely by stamps and postage. brought to you by the men and women of the american postal worker's union. martha: so we're back here at st. mary's hospital and a lot has happened over the past 24 hours, bill. as we've been kind of taking you through all of this, the baby born yesterday afternoon. everybody thought it was going to be a girl and then the ripple through the crowd as we all got the news on our iphones and our blackberries, it was a boy. it was a joyous announcement. the whole city of london lit up last night. the fountains were turned blue. big screens had storks flying across the city of london on top of them. flags are everywhere. today we've seen the incredible gun salutes and all of the official royal pomp and circumstance welcoming this future king to the thrown and behind me, bill, the very traditional, everyday moment that any family experiences. grandma and grandpa middleton getting first look at their baby and their daughter. at that moment, doesn't matter if it's a fought ture king or just your grandchild. bill: it is an incredibly special moment. we also understand we'll see more members of the royal family showing up tonight and we may see kate and william and the baby come out this evening as well. that of course is going to be the big moment that everybody will be waiting for here, to finally get their eyes on that little child. it's possible we may get a simultaneous smut announcement -- simultaneous announcement of that baby. it is completely understandable and that is what kate and michael middleton are enjoying. whether or not kate is getting her hair done and getting a ready for a big appearance. lots more to come from st. marry's hospital. a truly memorable event and one that we'll look at pictures of for many years to come. bill, back to you. bill: very cool stuff. thank you, martha. talk to you in a couple minutes live outside the hospital, st. mary's hospital. meanwhile back on earth, nasa giving us a look of earth as we've never seen before. cassini aircraft sending back stunning new pictures. that is tiny speck is what we look like from saturn. saturn is 900 million miles away! corey is here. >> thank you, bill. bill: got the big screen for you. >> even on the big screen that's it. so, you're looking at here, it's a little weird, so let me explain. this is actually on the far side of saturn. you're looking over saturn's shoulder. this is the night sky of saturn. you're seeing the night side of saturn. these are the rings which are kind of overexposed because you need to see this very, very faint little dot out in the distance which is us. you're looking over the shoulder of saturn, 900 million miles away. all your hopes and dreams are on that little dot. bill: this looks like the dot we see by the hundreds, right, on a nice clear night. >> there was a moment when neil armstrong first stood on the moon and held up his thumb and moved it over, wow, i can cover all the earth with my thumb. it doesn't make me feel big. it makes me real small. that doesn't take a thumb. it take as pinhead. bill: cassini is flying around saturn? >> cassini is flying around saturn. it is nuclear powered spacecraft since 2004. studying the planet, studying rings. bill: nine years now. >> nine years. bill: is this the first time we've seen this image in nine years? >> this is first time we've seen a view like this. there was one earlier picture they took. this is the first time they planned it out. it took 323 different shots they stitched together. yeah, here's the other version which is, there we go. there we are down there, we're even smaller. we've been reduced. >> when you get, yeah, when you get, it is properly exposed when you see the rings either gets even fainter. bill: holy cow. >> you're seeing sunlight stream through rings of saturn. this is view no human being has ever seen. we've got a robot watching from behind saturn looking back towards the sun. bill: is it the sun's rays that give rings around sat urn its reflection and color? >> right. normally through a telescope you're seeing light bouncing off. this is here, sunset on the rings. the sun is setting behind saturn. something no human being has ever seen. bill: that is really beautiful. there is another shot that shows the earth and the moon. have you seen that one? >> yeah. bill: that too makes us quite small. fascinating stuff, corey. what do you expect next from casone? >> this mission has already done incredible things. it found geysers of ice on one of sat urn's moons. it found on another moon lakes of liquid natural gas, might be what earth was like billions of years ago. found lightning storms on saturn. in terms of understanding how that little dot fits into the bigger universe, to me it is amazing that the human mind can do this. that we know how to build this. you know, no astronaut has ever been there yet in a sense now every single one of us has been there, forget about mars. we're going to saturn now. >> that incredible. we've all gone on saturn. they actually did a campaign, caroline, the researcher who created this image, she ran an internet campaign to get everybody on it to wave when they took the picture. about 20,000 people around the world, on that little dot are waving simultaneously, hi, to the camera. bill: terrific insight. thank you for coming back. corey powell. >> what a great thing to come for. bill: you know who else knows about this? the nsa. kidding. >> they have the rest of that picture. bill: from the nsa surveillance of millions of americans. liberal democrats, conservative republicans teaming up on the hill. their plan to rein in the controversial snooping program. next. bill: tens of thousands are backing washington's guard to get a bloom, known as the corpse flower. it is 250 pounds. it gets its name because it attracts prey with indoor odor that resembles rotting flesh. the flower started blooming sunday. expected to collapse on itself. the garden's last corpse flower boom was six years ago. 2007. we get the rotting corpse over here. you get a fresh little baby, martha, there outside the hospital. martha: how about that, you never know, right? a lot of excitement continues behind us. the middletons are inside with their daughter. we do expect, we're hearing that prince charles will be coming. no word whether camilla will be with him. the excitement is sure to continue throughout the evening. we may get our first glimpse over the next several hours of the baby, bill. we'll let you know if it is named william george. bill: pulling for william george. come on, william george. we'll get you home real soon. martha: i will see you real soon. bill: i will let your husband and three kids know we have not let you run away. we found you. >> right now, brand new stories and breaking news. >> take a look at the pictures they look disasterous. we're told passengers on board this plane were never in any real danger. we'll talk with an aviation expert about why and what pilots really fear the most when they're landing. also, 50 years ago. evil visiting a family in connecticut. new police dispatch calls shed light what went down during a horrific home invasion. listen up, men. a new study out there says there is a life or death reason to eat our breakfast. it's all
>> reporter: we should warn the viewers this would be a good time to get the kids out of the room. the audio is very real. this is evidence that smith set-up in his home and played a major role in his conviction. [shooting sounds] >> you are dead! >> now we left out the sound of the killing of the second burglar. that is a little harder to listen to. if you want to seek that out you can find it at our website. smith is 64 years old so even with parole it is unlikely he is going to ever get out. >> was the reaction to the verdict as divided as opinions in the town have been? >> reporter: it really was. the people who support smith say this sends a message it is a open season for home invasion. family members of the teenagers say they got justice but don't feel happy. >> justice was served today in the verdict and i thank you. >> rob houses, kill windows, threaten to kill people, wear camouflage, kick in doors, and you better run for your life because that is the message i got. >> reporter: the defense counsel for smith says a lot of evidence was kept from the jury. evidence that shows brady had items stolen from smith's house and brady had weapon and the jury never heard that and it will fuel the appeal. >> we will talk more about this later. u.s. economy slowing down drastically. .1% on gdp between january-march. that is the weakest number since the end of 2011. chris style well is here. good morning. blame it on the weather? >> well, i would say these numbers match the weather in washington today. gloomy and kind of oppressive because what americans are looking for, especially the politicians in the city, was that the economy wasn't getting good but getting better and going up. the fact it is going to wrong direction, democrats and administration can be expected to blame it on the winter but ec economist think there might be more. we saw the reports of the low wage jobs coming in to replace the good jobs that were present and that is getting people thinking about november. >> we will see how the stocks react and stuart varney is coming in to. and new emails on the benghazi event. charles crad hammer says this is evidence of the cover-up. >> we have the smoking document, which is the white house saying we are pushing the video because we don't want to blame it on the failure of our policies, which is what anybody who looked at this assumed all the way through. >> this is ben rodes in an e-mail on that saturday before the talk show round-robin. underscore these protest are rooted in an internet video and not a failure broader of policy to reinforce the president's strength and steadiness in dealing with challenges. >> if we knew then what we know no there is a chance this president might not be president because this went to the central argument that democrats were making. general motors is alive, the american economy is economic back and al qaeda is headed to the exit. they worked hard to suppress to damage the reality for the administration which was al qaeda and militant islamism was on it's way back and this was going to be bad news. so the discussion is forever changed on benghazi because of what we know now. we know why the white house didn't want to share this. and never again will the democrats be able to say they were not doctored. >> the house republicans might have a feat on this. what does this mean for hilary clinton in 2016 did you believe? >> here is what i believe. i believe that hilary clinton has been struggling to explain to americans what she did as secretary of state. she and her supporters haven't been able to point to clear accomplishments. most american voters can tell you about clinton's tenure and that was the benghazi occurred and now we know the cover up. and this doesn't look for a candidate who is not willing to sacrifice her own advantages to the do the right thing. >> chris, good to have you. we will check out your newsletter online. a state of emergency declared in florida as the storm that slammed the south is dumping massive amounts of rain on the sunshine state. serious flooding forcing people to seek shelter in their attics at the water is rising rescue teams are using jet skies in some neighborhoods. and alabama is cleaning up after 25 twisters. jonathan is live. flooding is still an issue even with the rain stopping? >> reporter: yes because of the run off. the issues are causing headaches for the first responders in the panhandle and the coast of alabama. many roads are not passable so it is making it difficult to get equipment in the staging areas. governor rick scott declared a state of emergency in 26 counties impacted by the rain >> what is the situation like where you are? >> we're in the golden acres community here and you can see a tree down on a mobile home. the owners have moved away. they are not here. but their neighbors are and they have been going without electricity since monday. you can see the crews hard at work down the road crews restoring electricity. but some things never return. the university of alabama is mourning the loss of a 21-year-old swim team member who was taking shelter in the basement of a home during the storms with a retaining wall collaps collapsed. he was on the dean's list and the sec academic honor roll. so a student athlete in every aspect of the terms. >> a lot of lives lost and people injured >> 8-10 inches of rain is tough, tough, stuff. >> my aunt lost her house in north carolina. two trees through the middle of it. >> is she okay? >> she is fine. >> family all right? >> good. >> good. it is getting more expensive. the company in charge of costing the obamacare saying it will cost $120 million. all of that money for what? >> and new developments in the death of holly bobo. >> and will don sterling sell the team? jim gray talked to him and he is on deck next. >> i felt the pressure on my players. i thought that was the sigh of relief that we needed. relief that we needed. nah, i'm good. 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[ female announcer ] some questions take more than a bank. they take a banker. make a my financial priorities appointment today. because when people talk, great things happen. we are learning it is going to cost more money to fix the troubled obamacare website. the new contractors says the price tag will be $121 million dollars to get the site friday the second enrollment period. they were brought in after the original contractor was fired. republican leaders blasting this latest contract that cost $30 million more by the way than the previous one. >> effective immediately i am banning mr. sterling for life from any association with the clipper's association or nba. he may not attend nba games or practices. he may not be present at any clipper's facility or participate in business or player personal decisions involving the team. >> that was the nba commissioner, adam silver, announcing the punishment. the clipper's showing unity last night with a large crowd watching them defeat the golden warriors. many are wondering what sterling does next. the commissioner wants to force him to sell the team but sterling says that will not happen. you went to the game, what was it like some >> the fans were happy. jesse jackson spoke to many of the players and chris paul, the head of the player's association told the players he was proud of them and felt dr. king would be proud and they chose dignity over dollars. the players were forced to react to the comments of their owner and putting them in this decision was difficult. they met for a long time in the huddle and went out and played the game and feel this could be behind them. as far as the fans are concerned the theme for clippers is we are run and everyone seemed to be one. >> you talked to sterling. did you talk to him after that? >> before the announcement i talked to him. he was unaware of what happened and he said he is not selling the team. and i called him afterwards and asked for his reaction and he said i am not getting into it and i said do you have regret and he said he has no comment. >> when does he comment? >> i am not sure what he can comment on. he hasn't issued an apology. he has acknowledged to the commissioner it was his voice. his next step is i am not a crisis management guy but you know how you dig yourself out and i don't know if there is ever enough passage of time. usually that gets it better but i don't think it will. he has fought the nba before. he moved the team from san diego up to los angeles and he has been involved in several housing discrimination suits with the justice department. many settlements. sexual harassment. he is a difficult guy and does what he wants to do the way he wants. if he wants to stand by not selling the team i am not sure how long the process can take and how things go into the court of law. the nba doesn't have anti-trust exemption so i can imagine this will be a big fight. but at the end of the day, we cannot win this. the sponsors will make him bleed, fans stop showing up, and games won't play him and most important is he is never getting another player to play. he will not attract enough players to fill here and come and fill out the roster and the only ones coming are it ones who are drafted and must come. >> a series of possibilities here now. is the commissioner strategy going to work based on the answer of freezing him, shutting him out and the pressure building until he has to sell the team? that the the strategy? >> yes, and i believe it will work. adam silver handed his beautifully and he is getting word wide acclaim. and dock rivers as well. for the dignity and the way he handled this and chris paul. how they came together. i have never seen as much universal condemning. it has been remarkable in the way that everybody game to together. >> can sterling fight this in any way? does he have any recourse or is the commissioner's word final? >> he can fight it in a court of law and continue to fight. the nba has threatened and i believe has the ability to declare all of his players free agents. if they get a three quarter's vote, 29 teams voting, because the clipper's wouldn't go along with that while still his possession. they can start stripping his players and i guess he can go into the a court of law and say it is illegal to seize my property. i guess we will have to find out if that is what he is going to do. i don't believe at his age that is where he is going. i believe, and this is my personal belief and not based on anything he said, he will like to preserve the team for his ex-wife shelly who showed up at the game and dock rivers said he was happy she was there and feels terrible for what she had to go through. so i believe donald sterling would like to preserve it for his family >> bought it for $12.5 million and can sell for more than a billion now. quite a return. >> that is possible, too. >> jim gray in la. thank you. coming up, we are not done. the senate is set to vote on the plan to hike the federal minimum wage. will that create jobs, bill? >> and a new twist in the case of a missing student. the new arrest in the holly bobo case that could change the story >> we believe individuals out there have information and possible involvement and i think this sends a clear message to them that they should be expecting a knock at their door soon. haolly bobo a a second arrest made in the death of holly bobo who is a 22-year-old nursing student from tennessee who vanished three years ago. this guy, jesse wane has been charged with kidnapping and murder. they have have missing answers. >> we haven't located the body. we are working on it. we believe more people have information and involvement and more announcement. >> zack adams was the first suspect charged and he is charged with trying to stop a witness from talking. the senate is set to vote on the president's plan to boost the minimum wage. the president is set to speak to push lawmakers again to push up the minimum wage to $10.10. peter deucey is live. how long until we know the fate of the minimum wage bill? >> we should know in three hours. they will hold a vote to proceed on tom harkins bill that will raise the minimum wage up to $10.10 over 30 months. here is how supporters in the democratck party are framing. it senator booker says we live in a nation that is not fulfilling its promise to the people and anyone willing to play hard and invest sweat equity makes it in the county. harry reid hasn't said if they will change any of the bills. >> we can hear it is pouring rain but you do expect that will not keep them from voting. what kind of republican support does it have? >> you have bob corker who says he might vote to let the debate continue but that is about it. republicans think they have numbers from the non-partisan congressional budget office that show if the minimum wage is lifted it could lift 900 people out of poverty but eliminate half a million jobs as well. >> last week i spend running around my own congressional district and heard the shaame thing i have for five years: where are the jobs. i think the policies coming from this administration are causing the economy not to grow and the number of jobs we need not to occur. >> reporter: the debate is between lawmakers who think raising the minimum wage is a moral issue and people that think it will hurt small businesses. >> we will see what side wins out. peter deucey joining us life. rain falling on my shoes. new numbers on the economy stirring fears of another recession. stua stuart varney reacts. >> and the young man who was accepted at all of the ivy leagues colleges is about the make the choice of a lifetime, bill. which one do you think? when laquinta.com sends him a ready for you alert the second his room is ready, ya know what salesman alan ames becomes? i think the numbers speak for themselves. i'm sold! a "selling machine!" ready for you alert, only at lq.com. about 30 minutes go, fax news alert on terrible news for the economy. economic growth -- moving -- at a snail's pace. stu stuart varney is here and they are talking about a double dip recession. >> you used the right word. terrib terrible. 2.5% down to 1.5% the trend line looks down. we had a rotten winter. in part it was the weather. but there are other factors at play. the housing market stalled, exports dropped 7%. $87 billion on shelves unsold. this is bad news for president obama because his policies are being called into question and if they are to blame for the stagant economy. >> you are hearing about a double-depositi double-depositiip recession? kevin brady, republican from texas, chair of the joint economic committee, said the time has passed for the federal government to get out of play and get the people get back to work. what policies are preventing further growing? >> intense regulations, higher taxes plus obamacare. all of that hems in the private sector. it restricts it and sits on the private sector to prevent robust growth. is it the job's market? no it is stagant. we are not creating enough new jobs. housing market? no. obamacare? no, that is a negative. minuscule growth. .1%. how do we get out of this rut? nothing on the horizon says we will rebound. this is another year where hopes of a recovery has been dashed. >> we will look back at this. .1%. did anyone expect that? >> no. it was 1.2% growth. they figured it would be bad because of the weather. no body was expecting .1. >> 11 a.m. eastern time. thank you, sir. on the heels of the delayed decision of the keystone xl pipeline. the ea saying they will not issue regulations on power plants fueled by coal until after the election. the republicans accused of playing pop politiced. adam comb and brad is here. brad, is the epa playing poli c politics? >> of course they are. remember obama said prior to ris reelect to the president of russia i will have more flexibility after the election. he is telling the democrats i hear you, don't worry. obamacare, keystone pipeline and now coal admissions. the president of the united states is using his power and influence to change the outcome of an election. you can fool some of the people some of time but not enough this time. it is reflected in his poplarity. >> senator inholf is the one that brought all of these allegations. he wrote a letter and let's look at it. he says is appears in the delay in the publication may have been done to lesson the impact of the president's harmful policies on the mid-term election. he said the epa is electionering with climate rules. did you believe that to believe the case? >> yes. i actually think they are playing politics. there is a flip side, too. james inholf is the biggest climate denier in the house and congress. he makes more money, the sector that gives the most money is oil and gas. he gives $315,000 from them over the last five years. he is playing politics, too, who don't want any regulations. the epa is playing politics but so does inholf. >> we are saying do what is right for the people. it is better to rely on oil sources and partner with canada versus countries that don't like it us. you are taking money to help america. drill, baby, drill. >> i am going to grill now. >> if you can strike oil, i am with you. >> you have 39 obamacare delays and administrative fixes. a lot of delays not going into affect until after the mid-term election. 595 days since the attack on september 11th. one year, 7th months delayed. >> are you talking about benghazi again? >> there is no delay. >> we have the irs. the questionable circumstances of playing politics and targeting conservative groups. alan, what is all of that as a whole say to you about the administration? >> the investigation has shown there is no scandal in the benghazi situation. the irs shows progressive groups were targeted and not just tea party groups and the person that did it was a republican saying he wasn't targeted based on politics. i will agree the epa is delaying and playing politics. same thing with the pipeline. they should make the decision to stop this and install the regulations and they are playing politics. but let's not pile it on where everything is a big scandal. >> brad, you get the last word. >> the american people are smart as it is shown in the president's poplularitpopularit. the president is stalling and creating uncertainty and that is why the democrats are going to get trampled in november. but it up to the republicans to come up with better ideas. >> the ball is in their court. >> one student about to make a big decision and that happens today. the high school senior who was accepted to all eight ivy league schools. he is 17 and wants to be a doctor. he is a really smart kid. i cannot believe ohio isn't one >> or chapel hill. >> do you think he knows about tar heels and aware of a red hawks? >> who wouldn't be. and that you went to school there. reason alone he should go there. in other news, an inmate on death row and a botched execution. what happened to this man that had the governor calling >> and brand new polling suggests trouble for democrats and karl rove weighs in on the numbers that has democrats worried. >> i saw that poll and my day started out as good as donald sterling. it wasn't too good. oirngsz sad news from hollywood. actor bob atkins has died after a bout of numoa pillillness. he is known for his role in who framed roger rabbit. dead at the age of 71. new trouble for democrats in november. washington post polling shows 53% of americans think it is most important that republicans act as a check against the president's policy and 39% say it is more important crast democrats support them. and that has some concerned: >> i saw that and my day started out as good as donald sterling. if i saw that in the abc post is generally respected. sometimes they can be off. i will wait until the next one before i get the razor out. >> and here is karl rove. i have a lot of stuff i want to motor through. pol politically speaking when they want a check on the executive branch because of history what does that tell you? >> if you look at the same question before the 2010 election the same 39% said they would support a president and you saw how 2010 turned out for the democrats. 63 in the house and 6 in the senate. they could have 6-8 seats in the senate if they stay the same. >> the approval rating is dropping. the lowest the "washington post" has found to date. and on the handling of the issues how to people rate the president. ukraine, health care and economy and all three low. 34% on ukraine, 37 on health care and 42% on the economy. on health care specifically, this poll found that 58% believe the new law is causing cost to go higher. i think that is important is we knew the trend line for health care and democrats made the argument you needed to bring that down and they have argued they have slowed the growth of health care. now that you own it and conclude it isn't getting lower or becoming cheaper who do you blame? you blame the white house. >> you blame the people that promise you if your premium is passed it would drop for a family of four. but instead they are going up. people in the exchanges are getting benefits but a lot of are getting significantly higher premiums and deductibles so health care is costing them more. i would like to make two points about the bad numbers for democrats in this poll. they are bad. but what is worse is if you put them in context. the president's job proval is at 41 and the lowest on record and lower than the 2010 election. same in the wall street journal nbc poll. numbers are lower than on the eve of the 2010 election. they are in bad shape today and unlikely to get into better shape. gallop, which has the biggest data set, only one president saw an increase from the spring to the fall of the second term, and that only happened once. >> do you point to one thing, or a series of things leading to this? if you walked up to obama and said the numbers are terrible and they are terrible because -- >> the biggest issue is the economy. people don't believe the economy improved. their only personal circumstances haven't improved. this is the first economic recon which the median imcome dropped. and health care is the second one. this is a big negative and i believe only getting worse before the election. is the president focused on the economy and health care? no, he is focused -- go to the white house website. it is focused on equal pay, campus sexual assault and raising the minimum wage when most don't think any of those have to do with making prosp prosparity and giving them a good job and pay check or coping with the health care mess. >> why are they doing that? >> they are trying to get the democr democr democratic base exited. 23% approve of it president and the president is trying to even this up so on the margin save some democrats who would otherwise go down. we will talk later in the week. a growing debate about the country's role in the world. american americans are ready to take a hands off approach. >> and what happened during this execution and why the death sentence for another prisoner has been delayed. avo: wherever your journey takes you the expedia app helps you save with mobile-exclusive deals download the expedia app text expedia to 75309 expedia, find yours and that's epic, bro, we've forgotten just how good good is. good is setting a personal best before going for a world record. good is swinging to get on base before swinging for a home run. [ crowd cheering ] good is choosing not to overshoot the moon, but to land right on it and do some experiments. ♪ so start your day off good with a coffee that's good cup after cup. maxwell house. ♪ good to the last drop maxwell house. that corporate trial by fire when every slacker gets his due. and yet, there's someone around the office who hasn't had a performance review in a while. someone whose poor performance is slowing down the entire organization. i'm looking at you phone company dsl. check your speed. see how fast your internet can be. switch now and add voice and tv for $34.90. comcast business built for business. a convicted killer from oklahoma dies after a botched execution. prison officials ordered the execution of clayton lockett halted after a drug combination left him struggling and gasping on the gurney. he was pronounced dead from a heart attack. do we know what went wrong? >> we have an idea. this adds to the controversy. most states give three drugs. one knocks them out, then their heart and then their breathing in that order. the vein of the inmate or the drip line failed on the inmate in oklahoma. there is questions on which one it is. it halted the execution and so the execution was part way completed. he died of a heart attack in the process of after the execution was halted. so it is something that is causing controversy. this is how the oklahoma officials explained it: >> there was concern at that time that the drugs were not having the effect so the doctor observed line and determined that the line had blown. >> the line had blown again and they say that could have a problem with the vein. clayton lockett was convicted of attempting to killing a 19-year-old and watching her being buried alive. >> adam, you have witnessed two executions in california. what is is going on in other states? >> the problem is this. you have some states adopting a one-drug lethal injection plan. in california, williams was one of the more controversial inmates put down and only one since him. when he died, a lot of people said that should not happen. but the three-drug combination is being argued to not work. so states went to a one-drug plan. but now companies don't want to make it because they said it was for people to live longer not meant to be used for execution. this stokes this problem with states that do want to administer the one or three drug combination and puts inmates down. his bolsters the opposition once again. >> adam housely, thank you. she maybe out of her job but kathleen sebelius said she will be cutting back on congressional hearing. do the republicans have a way of changing her mind? >> a group of airmen getting the recognition they deserve more than 70 years later. how that happened up next. how that happened up next. ♪ proud to be homegrown. own. ♪ a familiar face ♪ and a name you know. ♪ can you hear it? ♪ fueling the american spirit. ♪ no matter when, no matter where, ♪ ♪ marathon will take you there. ♪ with the marathon visa credit card, you could earn up to 25 cents per gallon off all your marathon purchases. i've got a to-do list and five acres of fresh air. ♪ top three tools -- hammer, screwdriver, front loader. happiness is a drive-over mower deck. a john deere dealer can teach tractors to anybody. 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[ male announcer ] that's how we run, and nothing runs like a deere. visit your dealer or johndeere.com/1family. finally receiving the prisoner of war metal. what a story this is. welcome, everybody. martha has some time off today. heather: the veterans long denied pow status. they were captured. bill: molly, where were they headed, first off? >> a prisoner of war camp in switzerland since they were neutral in world war ii and since the u.s. was not officially at war, these men were not eligible for the pow medal. but that is now changing. 135 men part of u.s. army air force crash landing in switzerland during bombing over germany are being awarded the prisoner of war metal. only eight are still alive. the men were initially held at a camp, but they tried to escape they were transferred to the prisoner of war camp in switzerland, which was run by the nazi. they were kept in unsanitary conditions, had little to eat, slept on straw and rated with numerous diseases. bill: molly, something changed to the policy in order for these medal to be awarded. it came with great effort to make sure the record was straightened out. reporter: absolutely, bill. they saw this as an injustice and did some research on the prison camp in u.s. law governing prisoners of war medals. a history professor at west point fought for the change. making a point they were as much of a prisoner of war camp in switzerland and not germany or japan. on behalf of his late grandfather who was a pilot. saying in a statement of the men held in switzerland, i thought it was important to overturn the dishonorable stigma on their service. all of my family is extremely proud of what my grandfather did. i have honored his legacy and the legacy of all of these men are trying to correct history. part of the narrative was these are men purposely landed their planes in switzerland and became preservers. now the real stories coming out as they are held in a prisoner of war camp. bill: thank you. when the ceremony gets underway, we will dip in for that. appreciate it. heather: long overdue for those heroes. as we await the ceremony, there are new questions whether americans even want to get involved in world affairs. 47% want the u.s. to play a less active role. just 30% think we have got it right at the current level. 19% think we should be more active. deputy assistant secretary of defense in the reagan administration. as we take a look at this ceremony about to begin, why do you think these men about to be honored have to say about this poll that says we should be less active in world affairs. >> they know freedom isn't free, every generation we have to fight for it again. they fought for it, it is about time america honors them for it. at the same time, they have seen world war ii, our emergence in the war victorious, superpower on the world stage and america withdraw after a war. we did it after vietnam, some of those wars ended. what we're seeing, let's come home. it is a normal reaction especially in the last 15 years with two failed wars and an apology tour where america was humiliated on a world stage. heather: let's talk more about the apology tour obama has been accused of. another poll asked president obama's handling of foreign policy, how do you feel of that. 53% disapprove, 38% approved. so these numbers melded with the ones we just spoke about. this is another reason they don't want to get involved because they don't think our president is doing a good job. >> if every time you go out and get mugged, you're going to stay home and hunker down at home. eventually you will come back out because you will be tired of hibernating at home. america has had a difficult 15 years. with rightful purpose we went into the middle east to take al qaeda. we invaded iraq. we have had a president who seems to think america should retreat from the world stage and america shouldn't be the world's superpower. that has not gone well. we will come home, lick our wounds, two or three years we will be stronger than ever lead by the energy boom which will make us the world leader once again. heather: this op-ed in "the new york times" called "stop whining, mr. president." she referenced his four-day tour in asia, in manila he became a little aggravated with the philippine president we can say. he said you hit singles, you hit doubles, everyone's in a while you may be able to hit a home run. is that appropriate for our president to be saying? shouldn't we always aim for a home run? >> he is in the dugout cowering hoping the enemy goes away. the important thing they said in that brilliant column was stop whining. we elect a president to deal with things, not to say it is so hard on more difficult than ever before. look at the people fighting and bleeding for america, going to prison for america, do you think they are whining, do you think they are complaining? as far as i can tell, it is a tough job, but you wanted it, now do it. heather: one of the issues he is dealing with is the situation in ukraine and just crossing the wire, republicans coming out with a plan at noon for what they will do, what sanctions, what actions need to be taken. how do you think the president has responded to that situation, and what should he be doing? >> the president keeps setting up these strawman arguments. look at the polls we have been talking about. a big space between war and doing nothing. that is where successful foreign policy is conducted. it hasn't seemed to change their behavior. go to the energy sector, help europe get off this addiction to national debt. we can do that if we allow terminals to be built in the united states. hit them where it really hurts, their economy. a couple of obama pals who will not have these us. heather: 45% of the american public agrees with you. disapproves of how he has handled that so far. we appreciate it. bill: think about those men. for 70 years they were fighting. to make the record stand the way it will after today. remarkable. heather: yeah. bill: hats off to them. nine minutes past the hour be at she is he faced of the botched obamacare. now kathleen sebelius reportedly saying she refuses to testify before congress. can she do that? plus this. >> if this is not a smoking gun proving beyond a doubt the story told by the administration about them ghazi was politically motivated and fabricated, nothing will ever prove that. heather: new e-mail surfacing showing the white house was directly involved in shaping the benghazi story that turned out to be flat wrong. trey gaudi joins us with his reaction. bill: byron smith accused of killing two teenagers breaking into his home. the chilling recordings we are hearing for the first time that decided this case for the jurors. in moments. >> he sees people who are extremely violent, don't care about the law, don't care about anything but themselves. they are high on drugs. >> killed over nothing. when laquinta.com sends him a ready for you alert the second his room is ready, ya know what salesman alan ames becomes? i think the numbers speak for themselves. i'm sold! a "selling machine!" ready for you alert, only at lq.com. heather: a deadly crash shutting down part of a highway in illinois. during off the road slamming head-on to an overpass. littering the interstate with debris. no word yet on what may have caused that crash. bill: packing their bags and allowing them to testify on the hill. kathleen sebelius wants to read testify next week, but she says she will not attend. jonah, good morning to you. can you do that, can you say no? i am just not going to go. >> let's be a little humane about this. it is totally understandable why she wouldn't want to go back. i don't think she ever had a good experience before that committee. like saying do you want to get another root canal. that said, don't know if she can do this. at the end of the day to be sure congress can't compel her to come, subpoena her if they have to and you get a big fight between the administration, but my suspicion is she doesn't want to go because it is such a terrible experience and whenever she goes it gets obamacare back in the news and this administration is sick of having obamacare in the news. bill: report on the website, keeps on going higher. handling the next round, is that right? >> that's right. it will cost more to fix obamacare than it cost to build the obamacare website. not even counting the unbelievable millions poured into the oregon website, which never signed up a single resident of oregon to the health care rule. that will be taken over by the fed. my suspicion is kathleen sebelius, who is associated with the absolute failure of the obamacare rollout in terms of the website part of it, the administration is not eager for her face to be there anymore and she is not eager to be up there catching arrows and all of the rest from the committee. she wants to drag it out as long as she can. bill: you would rather be at the dentist. but the numbers do not lie. $94 million to build it, you are $30 million over already. it already costs more money than anybody says. >> the scandal where people put on a secret list who eventually die because government run health care bureaucrats didn't want to get in trouble and lose their bonuses and all the rest. in terms of the cost for the obamacare website, we are going to see a lot more of this before everything is said and done. the white house is eager to have this come in and at least seem like a voice of confidence and say i did not create these problems, a better storyline for this administration than anything that kathleen sebelius covered. bill: on the screen for our viewers, that doesn't seem to be a light at the end of the tunnel for obamacare website expenses. some say they are abandoning their own sites handing the bills. that only gives more targets to shoot at. >> it is worth pointing out. they like to say this is all about partisanship. this is also red and butter oversight when bureaucracies utterly fail the way they have, the normal response from good government liberals is congress needs to intervene and do oversight and get to the bottom of things. the only failure in government action is obamacare where they can basically raise waste money. anything to draw attention to this is partisan. bill: 58% blame the law with the cost going higher. now that your name is hanging on the law and health care costs continue to go higher, who is going to get the blame? >> one of the effects of the affordable care act making the health care more affordable, any changes in the health care system even if they are not the result of obamacare will be blamed on obamacare because the one thing they were told by democrats and republicans alike is barack obama transformed the american health care system. anything that goes wrong, people will associate that transformation. bill: thank you, sir. heather. heather: coming up, the congressman says he is not going anywhere. nancy mcallister shrugging off calls to resign even from inside the parties highest rank. the fight to get him out of congress is next. bill: a crazy scene up north, a wall of ice. heather: it does not feel like may. ♪ honestly, i'm pouring everything i have into this place. that's why i got a new windows 2 in 1. it has exactly what i need for half of what i thought i'd pay. and i don't need to be online for it to work. it runs office, so i can do schedules and budgets and even menu changes. but it's fun, too -- with touch, and tons of great apps for stuff like music, 'cause a good playlist is good for business. i need the boss's signature for this. i'm the boss. ♪ honestly ♪ i wanna see you be brave ♪ honestly with diabetes, it's tough to keep life balanced. i don't always have time to eat like i should. and the more i focus on everything else, the less time i have to take care of me. that's why i like glucerna shakes. they have slowly digestible carbs to help minimize blood sugar spikes. glucerna products help me keep everythibalanced. 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[male announcer] glucerna. delicious shakes and bars... there was a boy who traveled to a faraway place where villages floated on water and castles were houses dragons lurked giants stood tall and the good queen showed the boy it could all be real avo: whatever you can imagine, all in one place expedia, find yours female announcer: sleep train's interest free ends sunday. it's your last chance to get three years interest-free financing on beautyrest black, stearns & foster, serta icomfort; even tempur-pedic. plus, get free delivery, and sleep train's 100-day low price guarantee. but hurry! sleep train's interest free for 3 event, ends sunday. ♪ sleep train ♪ ♪ your ticket to a better night's sleep ♪ bill: we are one day from may. no sign of spring in minnesota. northern minnesota with a huge wall of ice forming north of the twin cities. at the creeps toward their homes. >> first was across the road, it was getting covered up, and the trees. bill: that is as bad as it gets up there. it was cold in new york yesterday. heather: not that cold. those folks don't want you to say it is col called up here bet bill: it can't last forever. heather: new calls for louisiana congressman to resign amid a scandal involving one of his staff members. dubbed the kissing congressman after the release of a compromising video. mike emanuel live from capitol hill. so why is house leadership pushing so hard for mcallister to resign? reporter: heather, there isn't much history there. he won a runoff election last november and now says he won't run for reelection. the first most americans knew about mcallister from louisiana was when the video his smooching staffers surfaced. eric cantor told reporters when we took the majority i had said we ought to hold ourselves to a higher standard, what has happened in his instance doesn't meet that standard. i told him i thought he should resign. there is the political reality this fall is an election and republican leadership know they will be running as on the democratic side pointing to republican, desmond behaving badly, so they would like for him just to go. bill: there are 143 world war ii veterans of which eight are survivors today. now being rewarded 70 years later a medal they have been waiting for. i want to dip in and watch the ceremony. [silence] [applauding] bill: i am certain most of our viewers do not know their story. here it is. their fighter plane was shot down by german gunfire. which landed them in what amounted to a concentration camp in then-neutral switzerland. for 70 years they did not honor these american war heroes with a simple prisoner of war metal. heather: they waited, they waited for this day to come. bill: and this is one of the surviving eight. [applauding] >> first lieutenant, paul. [silence] [applauding] >> first lieutenant james. bill: falls u.s. military reports in the 1970s, inflammatory cable from sweden suggested the aviators were deserters when they were not. the u.s. gentlemen, iraq war veteran, historian, worked for 15 years to get his grandfather's name cleared. and today he has done that. heather: there were nine of them at waited for this day to happen. one of them died before he could make it to this moment, but his son is there representing him instead. bill, i believe with some of these war war veterans in an honor flight to d.c. when they recount their stories, to them it was just like yesterday. they remember it so clearly, and the emotions, so proud and so humble. >> technical sergeant. [silence] [applauding] bill: so proud. it took an act of congress and relentless pursuit of justice by a grandson to correct the stain on the honor of more than 135 u.s. war heroes who had been prisoners of war and mislabeled as cowards. [applauding] we salute all of them at the pentagon today. wanted to share that with you at home watching today. heather: they deserve every moment at home. bill: is it the smoking gun in the benghazi matter? emails from high up and we will talk to trey gowdy live after this. this allergy season, will you be a sound sleeper, or... a mouth breather? well, put on a breathe right strip and instantly open your nose up to 38% more than allergy medicines alone. so you can breathe and sleep. shut your mouth and sleep right. breathe right. nehey!r! 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>> it is compelling evidence that the white house was busy spinning the policy moreso than telling the truth. we suspected they were preoccupied pushing this video idea. congress didn't get the e-mail. and that is the point i would stress. this e-mail came because of court action after 20 months congress still doesn't have the emails and we are not willing to do anything to force them to do so. how many more emails like this? and will it be another 20 months before getting those? >> this is written by ben rodes quote to underscore they are rooted in video and not policy and another one to enforce the president's strength of dealing with challenges. how does that frame the debate? >> when you are steady and strong you don't have to remind people to say it. and there is not one piece of evidence supporting the video. he was out there saying gm is alive and al qaeda is dead. so god forbid we expose our policy is a failure in libya. it has been 20 months, bill. we didn't even get this e-mail. congress is supposed to provide the oversight. >> the white house argues this only reinforces what we were saying in the beginning. we were working on the best assessment we had at the time. >> here is the first follow-up question. site all of the intelligence and evidence indicating a video was connected to benghazi. go. there is none. there was nothing to support this narrative other than a desire to deflect attention from their ineffective policy. rather than saying we don't know what caused the attack they went to this video in cairo or this narrative a filmmaker in california is the cause of the four murdered americans because week -- we can -- not say it was our failed policy. site the evidence. sdwl >> what is next? >> you would hope my colleagues in the house would be upset that a private industry is getting more information than we are that would we would use the information we have to compel research. >> does this change what you thought about how hilary clinton handled it? >> i suspected all along. in fact, one of these days i will be able to prove there was a concerted effort toover up what happened in benghazi and not make it a reflection of the government or the person returning for government. the state department at some point is going to have to explain why they went with a video narrative and who made the decision. the goal was to stress we provide security for the facilities. that wasn't the goal on september 10th. her department denied all of the request for extra security. if you have to tell people you are strong and resolute you probably aren't. russia's prime minister lashing out against the sanctions. he suggesting american astronauts get to the international space station by trampoline. they currently rely on russian rockets to get there. and analyst saying they don't believe russia will suspend that service. >> our trampolines are better. >> that would be a little difficult, i think. >> a possible new lead in a missing person case that dates back 90 years. the evidence that might help crack the case. >> and capturing the moments a minnesota man murdered two teenages who broke into his house. >> there are no winners in this. my family is out nick and the other family out haley and one set of grandparents is out two sets of kids. these kids made a dumb mistake. ñ chilling oaudio recording released from the minnesota murder trial. byron smith guilty on all charges for killing to teens who broke into house and he recorded the whole thing. here is smith talking to himself after killing both teens: >> i have a mess now. not like spilled food. not like vommit. this is the worst mess possible. and i am tuck with it. i have not yet called the sheriff. i see them as verman. >> 15 minutes of that tape. brian claypool and doug burns are here. brian, how do you defend that? >> i would have had smith come in and testify and talk about this profound here he had the weeks and months leading up to the shootings to throw the jury the lens he was looking. the other option i would have chosen after hearing the tapes would be a possible mental illness as a mitigating factor to reduce it down to possible m manslaughter. hearing those tapes he sounds like a man who is mentally ill. >> as a prosecutor, these tapes, is this what did it for the jury? it only took three hours. >> no question about it. he convicted himself in this case. and i say that because if he had not had an audio type of what happened and made the statements he did to the police where he buried himself and described he removed the threat they presented. and he talked about a clean, final kill shot. once the threat was gone he had no further right to use deadly force. >> liken to that of a deer hunter. even went on to say once he shot someone he didn't want them to suffer trying to explain why high continued to shoot. in the state of minnesota it is legal to do this inside your home if you are in fear for your life amongst other things. but the surveillance tape and the audio tape and you mentioned the possibility of trying to make him seem more human. they did allow the jury to hear this explanation and what he said to authorities when arrested. correct? >> they did. but that doesn't provide a proper context for him making the comments on the audio tape. you hear clips of audio tape and interviews with law enforcement but you don't have him taking the stand to explain what was going through his mind at the moment he make as statement that seems so horrifying. technology has become a third eye of justice is the reality. law enforcement, forensic and now technology. text messages, phone messages and now an audio. people have to be mindful of what they have saying. >> doug, what do you think will happen next to him? >> i will say this, and i think my colleague finds this interesting. apparently there was information that one of the individuals had broken into his house repeatedly in the house and i think the judge kept a lot of that out so maybe on appeal it could come up. >> and that is why he set this up because he had been burglarized and they had stolen his gun. >> great point about the technology. jon scott is standing by "happening now" is coming your way. >> we are about 11 minutes away. brand new polling. 2016 match ups and rating on obamacare and views on obama. and gop hopes for retaking the senate. plus, a rising death toll from a series of storms impacting tens of millions americans and now it is pounding rain. updates on holly bobo and amanda knox. >> a reminder at noon eastern. our brand new show called "outnumbered" it is a show featuring four women and one lucky guy. martha said i am one lucky guy every day because i work with her and absolutely right. could we go out like the d dinosaurs? >> i hope not. >> rocks flying around. that is scary. >> it can't end well if it hits you. vo: once upon a time there was a boy who traveled to a faraway place where villages floated on water and castles were houses dragons lurked giants stood tall and the good queen showed the boy it could all be real avo: whatever you can imagine, all in one place expedia, find yours trwith secure wifie for your business. it also comes with public wifi for your customers. not so with internet from the phone company. i would email the phone company to inquire as to why they have shortchanged these customers. but that would require wifi. switch to comcast business internet and get two wifi networks included. comcast business built for business. deadly asteroid on a collision course with us. harvard scientist report that dark matter could sling shot leather rocks our way -- lethal. co cory page is live here. how are you? should we be afraid? >> it is more a cool story than a scary one from my point of view. we are pretty sure there is a cloud of comets far from the sun and there is dark matter. things we don't see that have a gravitational pull. these two harvard scientists did a sherlock holmes things. we see impacts at certain times and of black matter. they have a theory that the pull pulls them toward the earth and some hit the earth. >> is that practical or far out idea? >> the dark matter stuff, almost everybody believes that is there. the comets. we are positive almost they are there. every 35 million years is there a cycle where comets rain down? that is pretty crazy but we are about at the time of the next shower if true. >> how real is this risk or is this something that folks like you worry about only? >> i can tell you, in the list of things to worry about, they are little asteroids that are hitting us all of the time. the little asteroids are not the ones that end civilization it is like a hurricane or earthquake level. bad stuff but not planet ending-stuff. we have no way of predicting or stopping them but now it is p preventable. >> how will we know? >> there is a new european space craft and that is marking how the stars are moving through the galaxy. if the dark cloud is there there way the astronomers think so they will map it. so in a year or two we will know worry or don't worry. we are on it this time. >> i am going to sleep easy tonight. >> but the dark matter is everywhere. don't worry about that. >> corey powell, thank you. >> what is next, heather? 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