historic criminal trial. what could happen once the jury decide. breaking news, supreme court justice alito refuses to recuse himself from trump-related cases going before the high court after reports he flew two controversial flags outside his home. on the upside. consumer confidence is finally on the rebound after months of decline, but americans are still worried about their wallets. and happy campers, it can be stressful picking the right summer camp for your kid, our parenting expert joins us with ways to make that decision a little easier. >> memorial day has passed a. unofficial start of summer is here. we'll start by getting into the major news of this hour, the day of jury deliberations in the criminal trial of former president donald trump. >> trump's fate is now in the hands of these 12 jurors, seven men, and five women. >> they'll decide if mr. trump was involved if falsifying business records in order to cover up hush money payments to stormy daniels, in an effort to influence the 2016 election. leading us off this hour is dasha burns outside the courthouse in lower manhattan and also with us is charles coleman. dasha what's the lastest from court right now in. >> reporter: well, we got a little bit of news from the courtroom and i'm standing close the devices. the jury just rang the courtroom a moment ago, a note with a question or a verdict. i'm keeping a close eye. in the meantime, we got this stack here of papers, this is -- these are the jury instructions that the judge gave to the jury this morning, this is what is guiding them in their deliberations right now, as you can see, pretty hefty here, a pretty complicated set of instructions because of the nature of the case, the judge instructed the jurors on the basic defense of falsification of business records is to the more complicated step in this case of making that falsification of business records that's typically misdemeanor why that's a felony in this case and why the prosecution is alleging it's used covering up another crime, election interference, he went through each of the counts explaining what needed to be proven, the trouble for this jury, though, they can't have this in this room with them. but what they can do is maybe what they're doing right now is sending a note for more clarification on these jury instructions or asking for some other assistance as they deliberate. >> dasha, thank you. charles, the jury instructions, trump is accused of falsifying business records, many counts in the first degree, the prosecutors say, they argue that he intended to commit an election crime and instruction, the line in jury instructions although you must conclude unanimously that the defendant promote or prevent the election by any unlawful means. >> the easiest way i can put it, you have to agree on the destination, you have to agree on the starting point which is that you falsified the business record, the route you take to get there you don't have to be unanimous on, there could be any number of reasons or crimes that you were trying to conceal if you will that you can use to satisfy what's necessary in order to come to a guilty verdict. that's all that means, the jury will have -- has a multitude of different crimes in front of them they can select from. >> charles, we just heard from dasha, the new development, the jury has sent something to the judge, whether a question or a verdict, walk us through what kind of questions the jury can answer. >> an instruction on the law, how do you define intent, evaluate credibility, they want clarity. you can get a question about, can we get a readback of the testimony from this witness on a particular issue? because different jurors are recalling stuff they heard differently. any question on law or fact. ultimately the judge will make the decision as to how he responds to the questions after consulting with the attorneys. >> lots of charges they have to go through. charles coleman, thanks so much. dasha, thank you. convicted killer scott peterson is facing a judge again today as he fights for a new trial. >> his attorneys want new dna testing on pieces of evidence from the original murder investigation. he was convicted of killing his pregnant wife lacey back in 2002. nbc news correspondent liz kruetz is at the courthouse. you've been inside the courtroom per today's hearing, what have you heard? >> reporter: the hearing is going on right now, in fact it's slated for the fuel day, we have heard are the l.a. innocence project, they've laid out their case in a pretty compelling way for new dna testing. we've also now begun to hear from the prosecution, under way right now making the case against this new testing, that this has been well litigated. overwhelming evidence against scott peterson that got him convicted. he's joined via zoom from prison, he's taking notes, listening very closely, his attorneys are focusing right now on this burned-out orange van that was found in modesto, the morning after lacey was found. they want to find out if lacey's dna was on that bloody mattress. now, the prosecution, they're laying out why they think that's not necessary, they said the testing was already done on this mattress in 2019 and that no blood was on it. l.a. innocence project and specialized in genetic testing they say those results were inconclusive. that's their argument. we're still waiting to hear the rest of this hearing today, guys. >> all right, liz, thank you so much. all eyes are on the economy this hour after new consumer confidence data shows that americans are feeling better about the economy for the first time in months. >> coming from the conference board a business research group, but some lingering areas of concern for your wallet. joining us now is christine romans, we just showed a number there, give us the explanation if we can show it again. >> that number has been going down three months in a way, this rebound was notable because frankly people had been feeling pretty sour about the economy, picking up here a little bit here and underpinning that number, the improvement, the job market has been so strong and pretty fundamental about how you feel about the economy. people are more likely to buy a car or an appliance last month. >> people don't think of the economy as the fed numbers but as going to the store. some major chains are making some steep cuts, what might that indicate about how things are leaning. >> price pain, so now, i feel like we've reached this point where consumers are walking if they're seeing higher prices, a lot of these major chains are slicing prices this summer. we heard from walgreens, they're going to be cutting prices on a whole bunch of stuff, because people are tired of paying higher prices. ceos know, if there's a better deal across the street they're going to go across the street. >> five months away from the election, how will this play into the election in terms of consumer sentiment. >> unemployment at 50-year low. an economy growing this quickly. that would be a slam dunk for the incumbent president. but people still feel uncertain. their own personal economy is doing well they're worried about what's going to happen next. we know that people say that the economy is issue number one. 1 in 4 americans haven't made up their mind on who they're going to vote for in this race. >> hopes that fed would lower interest rates some times soon. what's behind the pause? >> the economy is strong and inflation is being sticky here, so for now it's higher for longer for rate and christine, thank you. time now for today's money minute. a major oil merger. >> and wu tang's rarest album will be played for the public. conoco agreed to buy marathon in an all-stock deal. google search, closely held secret since its inception, consequential system for the web, an online leak claims to show thousands of internal documents related to how it works. google has yet to comment on the alleged leak. and starting next month the only copy of the wu-tang's album will go on display at an australian art gallery, for ten days visitors will be able to hear the album, on loan. really curious if it leaks out and anyone else gets to hear what it sounds like. >> julia, thank you. coming up, major league baseball is making a major change to its record books, what's behind the change, more than a century in the making. plus, all criminal charges against the world top golfer has against the world top golfer has been dropped, what the i was stuck. unresolved depression symptoms were in my way. i needed more from my antidepressant. vraylar helped give it a lift. adding vraylar to an antidepressant is clinically proven to help relieve overall depression symptoms better than an antidepressant alone. and in vraylar clinical studies, most saw no substantial impact on weight. elderly dementia patients have increased risk of death or stroke. report unusual changes in behavior or suicidal thoughts. antidepressants can increase these in children and young adults. report fever, stiff muscles, or confusion, as these may be life-threatening, or uncontrolled muscle movements, which may be permanent. high blood sugar, which can lead to coma or death, weight gain, and high cholesterol may occur. movement dysfunction and restlessness are common side effects. stomach and sleep issues, dizziness, increased appetite, and fatigue are also common. side effects may not appear for several weeks. i didn't have to change my treatment. i just gave it a lift. ask about vraylar and learn how abbvie could help you save. auntie, you can't put that right in the dishwasher. watch me. with cascade platinum plus i have upped my dish game. i just scrape... load... and i'm done. in that dishwasher? 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[♪♪] if you're only using facial moisturizer in the morning, it would ask for... did you know, the best time for skin renewal is at night? olay retinol24 renews millions of surface skin cells while you sleep. wake up to smoother, younger-looking skin with olay retinol24. opening arguments are under way in san francisco in the state trial of the man who broke into the home of former house speaker nancy pelosi, david depape is facing 13 years to life in prison for attacking pelosi's husband with a hammer two years ago, he's pleaded not guilty, nbc news correspondent steve patterson joins us now from los angeles, i was just talking about the state charges but he was already sentenced yesterday for alleged crimes in a federal case, he got 30 years, tell us what's going on in the state case. >> reporter: kate, right to think that the evidence presented in the state trial which is happening now will be similar to what was presented in the federal trial, the difference, the federal trial was focused on nancy pelosi's role as a federal official. the charges were attempted kidnapping of a federal official and assault of an immediate family member of a federal official. the state trial will almost exclusively focus on the two charges to now seven charges in the state trial, going from attempted murder, first degree burglary, elder abuse, assault with a deadly weapon. seven in total. if he's convicted he's looking at 13 years to life in prison. so similar the defense was trying to argue this covered under the double jeopardy statute in the state saying the crimes were so similar in both trials he shouldn't be tried for a second time. opening statements are today. we're going to have a trial and ed there will be presented as such. >> steve, thank you. charges against the world's number one ranked golfer scottie scheffler have been dropped ending a nearly two-week long saga in louisville, kentucky. nbc news correspondent maura barrett joins us now, how exactly did the prosecutor explain this major decision? >> reporter: this was explained very quickly in court, it all unfolded very fast, basically the prosecutor said there wasn't enough probable cause to pursue the case, rule number one for prosecutors is not to go forward with the case if there's not enough probable cause, we only have a video from the traffic camera and the dash cam video. the officer in question didn't have his body cam on, i want to hear a little bit more from the prosecutor in court today. >> based upon the totality of the evidence, my office can't move forward in the prosecution of the charges filed against mr. scheffler. mr. scheffler's characterization that this was quote big misunderstanding, closed quote is corroborated by the evidence. >> the attorney went on to explain they did a series of interviews with police and witnesses over the holiday weekend this past weekend and that's how they came to their decision to ask the judge to bypass all of those charges today. as a reminder the arraignment was on monday. >> maura, what are scheffler and his attorneys saying about today's announcement and have we heard anything from a police union or anything in. >> reporter: right, before we came on air, scheffler posted a statement on instagram, he wrote, i wish to put this incident behind me and move on. police officers have a difficult job and i hold them in high regard. this was a severe miscommunication and in a severe situation. scheffler's attorney also added today, they have the grounds to file a lawsuit against the police department if they could they're choosing not to because scheffler wants to move on. additional evidence for the police department, there should be more evidence that was included in the investigation that we filed an opens record request. >> maura, you mentioned that potential lawsuit, is there any indication that scheffler may decide to file. >> it doesn't seem like it. the taxpayers in louisville would be responsible for funding that type of lawsuit and scheffler doesn't wish that, he wants to focus on his career, basically scheffler's attorney indicated yet again that scheffler was a victim in this and they're looking to close the book and move on. >> maura, thanks so much. coming up, why one of golf's biggest stars said she's stepping away from the sport at just 29 years old. she made an emotional announcement ahead, that's coming up on "nbc news daily" keep watching us streaming keep watching us streaming free 24/7 right here on n bcmy dry eye's made me a burning, stinging, 5-times-a-day,... ...makeup smearing drops user. i want another option that's not another drop. tyrvaya. it's not another drop. it's the first and only nasal spray for dry eye. tyrvaya treats the signs and symptoms of dry eye disease fast by helping your body produce its own real tears. common side effects include sneezing, cough, and throat and nose irritation. relying only on drops? 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