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get their evidence. often that can be the sole evidence convicting a defendant. >> once you put it out there you can't unput it out there. what about the notion -- i suppose they could say this, they could say, look, kids fight, kids fight. what you're seeing here is just what happens at a day care center. is kids fighting you have no convict these people if they didn't do enough to stop it? >> you bring up a good point. when you operate a day care center, you undertake a duty to look out for the well-being of children. that being said, there's a reasonableness factor. children suddenly do things from time to time, but even if -- courts have held dare care centers liable if the person gets on the phone and is goofing off or text messaging and another child goes and does something all of a sudden so when you consider this as sort of your floor of liability -- this is an intentional act. they are inducing the children to fight so this is far beyond
for betterson. >> they had a rally so when they kid who was getting beat up came back to school, he said mark stood up for me. kids rallied around him to get suspension removed. think about it, growing up, when kids fight, you watched the fight. for one kid to say i'm going to stand up, that kid's a leader. >> what happened to if you see something, do something. what would you want your kid to do? let us know on facebook or twitter how you would want the situation happened. >> we're going to review at the end of the show. if you guys respond to it the most. but i will say this, this is probably how mills lane got started, remember mills lane, the referee who said you have to have the courage to jump in when things get tough. >> why can't we stand up for anybody anymore? >> do you have a favorite boxing referee, heather?
now he's been suspended because of a zero tolerance policy. for ten days he gets suspended for breaking up this fight. and mark betterson who stapbts to -- who stands to not only be suspended, he had this to say. jonathan was going to stand there and get beat up and if i didn't jump into it, it would have gotten serious. i understand how the school policy is but being suspended for ten days i don't understand. >> especially because you have footage there which shows, backs up the kid's story and also eyewitnesses who say this kid jonathan getting beat up by james griffin, he's been charged with battery, someone has shown leadership. i think he should be praised and not be suspended for ten days. hopefully the school sew pwers up -- sobers up and those parents will fight
one. they were all sold out. >> i got the old-fashioned flexible flier. >> the one from national lampoon? >> did you grease the -- >> candle wax. nothing more dangerous than running over your small child with a flexible flyer. it is a little scary. >> a lot has changed for kid and youth especially in school these days because zero tolerance policies being implemented in schools. what happened last week at a school where a fight broke out in the cafeteria which was often. one kid was openly gay. the other kid decided to want to lay the beat-down on him apparently for being gay. and one student decides i'm not going to watch this happen. i'm going to jump in the middle of this and stop it. no one should be hurt and beat down because of the way they are.
he's planning on attending southern university in the fall. guys, it's tough. one step at a time. one student at a time. really to help to do this. that program in the school show that suspensions are down dramatically at langley high school. >> that's good news. it makes you stop and think when you hear amber saying, her own mother said, wait, you didn't fight that girl, what's your problem, get out of my face. at home, it also seems like a huge hurdle. >> there's all sorts at home, of course. we talk about why kids fight. quite frankly, there's nothing to fight about. the reason they are fighting they don't have anything that they feel is on the line. they don't feel like they have something at stake. they don't have college to look forward to. they don't have anything down the road. what you have to do is give these kids something to look forward to. something that's on the line, something they would lose. quite frankly, that would be one way to head off the problem.
that was supposed to be followed wasn't followed. >> missouri democrat russ carnahan is call for a full investigation into what happened. congressman carnahan, good to see you this morning. we got this and the dirty colonoscopy story. the radiation doses. the lou gehrig's letters that were sent tout veterans saying you might have have been scomposd. it makes you wonder what are the veterans going to go through to try to stay healthy? >> yeah, she's veterans have fought for us. they should not be fighting this fight today. you can imagine these veterans around the st. louis area who got these letters in the mail cold saying they may have been exposed to hepatitis or hiv is just outrageous. >> you heard the statement there from the spokeswoman at john cochran hospital that employees hand-washed these dental instruments, instead of putting them in an autoclave.
opinions of her handling of the controversy. >> reporter: elena kagan's biggest fight was never in the courtroom, it was on kafrs. back in 2004 as dean of the harvard law school, kagan briefly kept military recruiters out of her campus offices of career services. kagan said the military policy of don't ask don't tell which bars openly gay members of the armed forces violated march varied's anti-discrimination rules. >> do you think she did the right thing? >> i think she walked a fine line. >> reporter: kagan tried to strike a balance, restricting rekrierts while going out of her way showing restrength for the military. >> is it fair to say she did treat you a little different hi, there dhirgs controversy? >> it's fair to say that. i think a lot of veterans would like to see her do more. we don't like to feel like the military say second class citizen when it comes to recruiting. >> reporter: but kagan did allow
>> reporter: has anything gotten more serious? >> i found myself in a group, they were like, okay, we're going spare your life today. >> reporter: what these chicago teens tell us is not unusual. in fact, nearly 40% of chicago public school students were involved in a physical fight. >> high school is about young people scrambling for power and influence. >> reporter: they lead a program that in parts leads to kids' power. >> it's what daughter drive at 16 or what college you're going to get into. some places, your currency is your reputation. >> reporter: because for many of these teens, a reputation is all you have. 85% of chicago public school students live below the poverty line. gangs, drugs, guns are all too common in poorer neighborhoods. have you all witnessed some kind of violence. >> i have. it happens every day.
without fighting. amber was suspended 15 times for getting into fights during her freshman year. now, a junior, she says she's worked hard to keep trouble at bay. >> before i start making a lot of situations different, i started looking at fights difference. i'd be thinking in my mind, okay, you're going to get ten days out of school and it's not even your birthday. >> now, happy to report, you see amber there who made such an impression there in chicago. amber and the other girl there they are involved in the school's program. it's called tea circle. exactly what it sounds like. they sit down and they work it out. those two girls have become very active in that. we're told that many students have participated and it's cut down 90%. those involved at least, 90% don't get involved in the fight. also the follow-up on kevin there in the piece as well.