this small southern town, we have to ask, can they ever change? of course, that question is quite obvious now to kevin jones, but seven years ago he didn t give a fig whom he impressed or didn t. all he knew was this, he was going places. he was from a good family, lived near a wonderful city called russellville and was well liked. oh, and was adored by one girl in particular, his high school sweetheart nona dirksmeyer. so she was kind of like a soulmate, i suppose. i was closer to her than anybody else. he was going marry her some day. she was, after all, about the prettiest girl in town. local beauty pageant judges were wowed by her looks and poise and had already crowned her as such, but here s another truth her boyfriend came to realize. beauty really isn t everything. oh, sorry! nona was a sometimes troubled girl, given to bouts of emotional turmoil. her mother was grateful to kevin for making her daughter happy. kevin was really interested in helping nona get through some of these hard times she was having. he seemed to be a really caring person. he even brought nona into his own family. his wife janice, dad hirem treated her as one of their own. she was not a girlfriend or whatever. she was a she was our family. but it was time for kevin to go off to college. she and nona stayed in touch and in love through a wireless world of late-night cell chats, texts and emoticons. when he didn t respond promptly she d wag her finger at him. she would send me text messages saying are you still alive, sarcastically, trying to get my attention. which is why he was so taken aback that day a little before christmas in 2005. it was december 15th, nona uncharacteristically hadn t reached out to him or answered him since morning. at one point he turned her old taunt back on her texting you alive? even then she didn t respond. this was not like nona. in four and a half years we had made a pattern and that s what we did every day and if that pattern s broken it just kind of raised a red flag in my head, why is she not responding. were you worried? i was concerned. who knows why things work out the way they do? on that particular night kevin was supposed to drive his mom janice to a christmas party. she remembers being in the car with him. and i said you know, well, you know, there are lots of reasons why she might not be answering her phone. maybe her plans changed. by now kevin could think of nothing else. he called his buddy ryan who delivered pizza near nona s apartment and asked him to check on her and ryan called back with something eerie. nona s car was in the lot. her house lights were on, but she wasn t answering the door. i said okay, well i m going to come over there. they pulled up to nona s front door. ryan was still there and kevin joined him. ryan and i knocked and knocked and rang the doorbell and nobody came and we started to get a little frantic. so the two men ran around the condo to nona s back door. kevin says he rushed up to the sliding glass door without taking a moment to look inside. so when i was grabbing the handle ryan touched me and he said do you not see her and i looked at him and he said dude, there she is and she was laying in her front room. nona wasn t moving. kevin threw open the unlocked door and rushed inside. ryan at one point let my mom in the front door. they called 911 pretty soon after that. her name is nona dirksmeyer. nona dirksmeyer? i, uh, straddled her midsection, my knees were on the ground above her midsection. he tried cpr, but she wasn t breathing. in her eyes, usually so luminous there was no light. there was nothing at all. and i i talked to her, and i just prayed that everything was going to be okay until the ems got there. soon the little apartment was overwhelmed by paramedics and police. it wasn t long before an officer took kevin aside. janice listened as her son s voice suddenly rose above the chaos. then i heard him cry out. a howl? yeah. that s what it was, and then he asked them if she was dead and they affirmed that yes, she was. nona was gone. nothing kevin could do about it, and as he tried to absorb the enormity of what had happened, he heard the policeman ask, could he come downtown, please? they had a few questions about what happened to nona. did kevin know what happened? police seemed to think so. what started as a few questions turned into an hours-long interrogation and watch what happened when police weren t asking questions. oh, my god. please tell me. what am i going to do? 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[ female announcer ] suave professionals works as well as salon brands. learn more at suave.com. in pictures nona dirksmeyer forever radiates promise and beauty, but there is something ugly that lives on, too. her death, and the way she was so brutally taken. nona s mother carol knew it was bad the moment she arrived that night to see police at nona s apartment. i told him i wanted to see my baby and of course, they said you can t. so they had the crime scene tape up and everything. the police told carol it was horribly obvious. nona had been murdered, but they were on the case, they told her. in fact, they were already trying to break down nona s last moments on earth. when did you last speak with her? at 1:00 last night. i called her from my house phone. questioning the man who may have known her best. . and kevin jones seemed eager to help the police figure out who killed his girlfriend. he readily agreed to go to the station that night to answer a few routine questions. as kevin careened from what looked like disbelief to grief. anger, and back again. a few questions turned into many. did you have a key to the apartment? yeah. and were pointed. did you hurt her? i promise you. i would never i would i would kill myself before i hurt her. they would leave me alone in the room. they would ask me questions. oh, my god. what am i going to do? after a while the police told kevin he could go home. they had other people to talk to, young men nona had been seeing while kevin was away at college, but it wasn t long before the detectives determined the alibis for those other men checked out and six days later as he prepared to say good-bye to nona at the funeral home, police asked him to come back to the police station. can i get a drink of water or something? you bet. after 20 minutes worth of questions they asked if i d take a polygraph test. what did you say? i said sure. so they strapped him up and ran through the innocuous questions and then. did you cause the death of nona dirksmeyer? and then they went out and analyzed it, came back and said what? the man who gave it to me said he had never seen anybody fail the test worse in his 20-some odd years. there s no doubt in my mind that you killed her. the murder of the beauty queen was very big news in russellville, and given the nature of the crime and the victim so young, pretty and vulnerable, the pressure to solve it from the public and the press was quite intense. so imagine how it was for the lead detective mark frost given that this was his very first homicide case. though as he talked to kevin, ross sound like a veteran who had seen it all and was disgusted. you did this. no, and i m telling you you re dead [ bleep ] wrong. you killed her. point-blank. no, i m telling you right here. at this point it wasn t a questioning. it was more of them yelling at me telling me they knew that i did it. the police didn t arrest kevin that night. here s what they did instead. they told nona s mother that the young man she thought would be her son-in-law one day was, in fact, her daughter s killer. the first thing that i was told was that he was a sociopath with a narcissistic personality. nona had been stabbed repeatedly around the neck and chest and bashed on the head. the medical examiner said that was what killed nona. the police told carol this had to be a very personal attack, not something a stranger could have done, but something kevin could have. now carol had two shocks to absorb. i knew in my heart it was someone this that she knew. she would never let in the apartment that she didn t know. now kevin s horrifying discovery was subjected to a dark and troubling spin. detective mark frost said that to him that the crime scene out there looked staged. and a week later there was a press conference at which the police told the russellville public don t worry, we know who committed this crime. we have conclusively cleared all but one of these people. police didn t mention the suspect s name just then, but it wasn t long before everyone in russellville knew perfectly well that it was kevin jones. this is what appeared in the russellville courier three months after nona s murder. nona s killer remains free and russellville police department has requested formal charges against one suspect. hirem jones is kevin s father. they tried, convicted kevin within the 90 days that it happened. if you were a stranger walking in a coffee shop in russellville and you read that, what would you think? it bothered kevin s mother something awful when bumper stickers justice for nona started cropping up. after all, she loved nona, too. the assumption that i formed, and i think many people formed, was that justice for nona meant convict kevin. convict kevin. topping our news. police make an arrest in the murder of a 19-year-old arkansas beauty queen. on march 31, 2006, not long after that courier article police finally did announce the arrest of kevin jones for the murder of nona dirksmeyer. whether or not kevin was convicted in the court of public opinion was now apparently irrelevant. he was about to stand trial, quite possibly be convicted when it really mattered, a court of law. coming up, a palm print in blood on the lamp used to kill nona. guess who s? no question it was his. no question it was his. but on another key piece of evidence. the dna was some other male. when dateline continues. it s the kmart semi-annual furniture sale! dressers, 39.99 each! this microfiber futon, 99.99 and a pine dining nook just 199.99! sale ends saturday. don t miss out! at kmart at more than a paycheck. is we know all the hammering, shaping, driving, serving, planning, writing, nursing and teaching it took to earn it. so we give you the power to keep as much of your hard-earned money as possible. our customized interview covers everything from a service member s deployment to a student s loan interest, right down to a teacher s crayons. you ve worked hard to earn your money. we re here to help you keep it. turbotax. the power to keep what s yours. try it free at turbotax.com. i m just red carpets, big spectacles and the a-list. that s only the beginning. i have more than one red carpet. i like all sorts of spectacles. from the grandiose, to the impromptu. to the completely unexpected. and you ll only have to think about a list. when you cross this, off your own. los angeles. endlessly entertaining. plan your getaway at discoverlosangeles.com los angeles. endlessly entertaining. a small southern city. a local beauty queen murdered, her boyfriend accused of the crime. it was hard to be in russellville in 2007 and not be steeped in the story of nona dirksmeyer and kevin jones. this case probably had more statewide publicity than any criminal case in many, many years, perhaps ever, in arkansas. yet, of course, kevin had a right to a fair trial and impartial jury. his lawyers argued that would be impossible in a place like russellville. so the venue was changed to the nearby city of o zarbing. the media spotlight is on a small northwest arkansas town of ozark. to the prosecutor the trial s location mattered little. what did matter was the evidence. and he believed there was enough of that to put kevin jones away for years. jeff phillips was the deputy prosecutor. we believed, and i believe that the morning of her death kevin jones came in unexpectedly. when the trial opened in 2007 the prosecutor told the jury the reason for this crime was as old as the bible itself. jealous rage. kevin jones had walked into his lover s apartment that day in december 2005 and found within it a cheating heart. while there, discovered either a text message from another person and/or a used condom wrapper on a counter and things escalated from there. escalated out of control. and then the prosecutor said with jones repeatedly stabbing nona and crushing her skull with a lamp base and left his palm print on the lamp s bulb. no question it was his? no question it was his. the defense didn t even make an issue that it was his. but it s what kevin did next said the prosecutor that showed how calculating he could be. kevin left nona s apartment, he said, with her dead on the floor and then waited through the afternoon until hours later when he could come back with his mother and friend to find nona s body. in my opinion, an intentional attempt to be to have someone else find her, but him. trying to make himself look innocent. if that wasn t telling enough, the prosecutor said then surely this was. kevin jones police interview, right there, the prosecutor told the jury was kevin s capacity for violence in full view, sitting and listening to this, kevin s father worried how easy it might be for jurors to convict his son. it was just a nightmare. yet kevin s parents never waivered in their belief that their son was just as innocent as he told the police he was. they even bet the family farm on it. we put it up as collateral. and used the money to buy their son the best defense they could and he needed it. kevin s lawyers knew their client had become the local poster boy for evil. when you ve got something that was this this serious that is this bad, this girl was brutally murdered. somebody s got to pay. somebody has to pay. somebody, but not kevin said attorney michael robbins. they sent the readout of the polygraph to an independent expert who reported that the questions seemed designed to make sure kevin failed. the rest of the state s evidence, said the defense, didn t wash either. the bloody palm print on the light bulb of the lamp, the murder weapon, it was kevin s print and no wonder it was. kevin was frantically trying to save his girlfriend s life. so, of course, he could have touched the light bulb. it is a totally innocent situation. the blood got on the light bulb at the time the body was discovered. what hewhen he s trying to revive her somehow and touched the light bulb. the emt said the lamp was within a foot of the body. more disturbing, the evidence not collected by the police. said the defense, first-time homicide detective mark frost and the other officers in the department mucked up the case royally. the only area that was fingerprinted was the area around the body that there was blood near the front door, was there blood on the venetian blinds, the empty condom wrapper a short distance from the body. the police go upstairs to see if that s been flushed. do not fingerprint the commode, don t dna that, don t dna anything up there. in fact, the defense did its own dna testing on that condom wrapper. by the prosecution s account it was a key piece of evidence, the thing that likely sent kevin off on this murderous rage, but think about it, if kevin actually saw the condom wrapper he would have picked it up and would have left his own dna on it, but. we sent the prophylactic wrapper off and they found the dna. the dna was some other male s. someone else s dna, not kevin s and probably said the defense that condom was used by the killer, but who? neither defense nor prosecution had an answer for that. the dna didn t match anybody in the database, and kevin s lawyers did have this. an alibi for their client. kevin s grandmother told the court he couldn t have killed nona because he was with her miles away in the town of dover around the time the state said nona died. she is a genuine, down to earth, very level-headed person. she was an incredible witness on the stand. but there was one compelling piece of evidence in the prosecution s case said the defense and they just wanted jurors to see more of it, that police video of kevin. she didn t deserve this. she deserved a life. the defense had jurors watch all of it. it was betting this image should convince jurors they should change what may have been that first impression and decide kevin wasn t the killer the prosecutors had painted, but a grief-stricken young man who was innocent. so, what to believe? in the courthouse, the jury wrestled with the verdict. 50 miles down the road in russellville, the town cried for justice. if that meant conviction, well, so be it. coming up, would jurors convict kevin jones of murder and investigators think they now know whose dna was on that key piece of evidence. i said it matches, doesn t it? he said it matches gary dunn. who was gary dunn and what, if anything, did he have to do with nona s murder? and coming up later, another dateline mystery. something happened to her. a young mom missing for years. now could facebook hold the answer? it s kind of a place that we say here i am. and it s also a place where you can find people. secrets in the mist. you gotta hit a wall to see the light sometimes you gotta break it down to make it right light up my life, light up my room singin rat tat tat and a bang bang boom you gotta tear it down sometimes you gotta tear it all down to make it beautiful you gotta tear it down when you said it was a black tie breakfast. your dress is so elegant. what? this ol thing? i just pulled this out of my closet. well, you look amazing. i know! and with just the teeniest bit of help. trop50. it has 50% less sugar. other than that, i don t know why i m looking so good. uh jane. my arms are getting tired. could we get a drink? after i finish mine. i m not kidding. trop50. the goodness of orange juice with 50% less sugar and calories. kevin jones sat in the do you remember and watched the fight for his life swirl around him and felt in that uncomfortable chair the withering stares at the jury. they can all look at you and if you do one thing wrong that they deem is wrong that might sway them the opposite way. one facial expression? one click of a pen. one bite off of your fingernail. you never know how people are going take things that you do. he had every reason to worry. later, the jurors would recall how the images of this crime haunted them. blood all over him in the pictures. the palm print in her blood. but to the juror, the evidence or the lack of it looked bad for police, too. the glass door, for example, where the perpetrator went out was not fingerprinted inside or out. the kitchen floor would have been excellent for footprints. he obviously walked across there. no prints were taken. they said that kind of sloppiness made them wonder, what else did the police miss? what other suspects? the police claimed that they had checked the alibis of all these potential suspects. as well as they gathered evidence? but what really stuck with them was kevin sitting in the police interrogation room looking to them genuinely distraught. i felt bad inside that i was watching him in this little cubicle of a room. unbalanced, they agreed. the evidence pointed more to innocence than guilty. after eight hours they had their verdict not guilty. kevin was free. enormously relieved, of course, but also furious at detective mark frost and the russellville police. it frustrates me and angers me that the police didn t care enough to do their jobs the right way, and it frustrates me that they didn t find the person who did this. but nona s mother carol believed her daughter s old boyfriend had quite possibly just gotten away with murder. if you think somebody else did it why aren t you out there trying to find him? who can beget the mother s bitter challenge? they stood here on the steps of the courthouse and they vowed they would do whatever it took to find nona s killer. kevin s father hirem financially wind out by the cost of all this asked his son s legal team for one more favor. i said, this is what i ve got. i don t know how much i need. i don t know how i can pay you, but i need this. the lawyers agreed to help. they asked an investigator, this man, to keep working the case. his name is tom steffi, a part-time detective and full-time preacher. what an odd combination, then. i used to say it s the ultimate good guy. and right away, steffi knew there was a key piece of evidence that demanded a closer look. that condom wrapper found in nona s apartment. it held somebody s dna, but whose? steffi wondered if police cleared those male friends and neighbors of nona too quickly in the early days of the investigation. do they have a valid alibi because either i m missing something or, you know, and so i i began to feel like some of those people maybe needed to have their dna compared. so kevin s legal team rolled up its sleeves and slacks and went diving through trash belonging to those young men and they got some dna samples, but none matched the dna on the condom wrapper. steffi, the policeman and preacher needed a lead. you could say he needed a miracle, and wouldn t you know he got it? it came in the most mundane way. two months after kevin s acquittal and more than a year after nona s death, steffi s police chief told him to question a suspect in a recent burglary, a man by the name of gary dunn. steffi s eyes widened at that. my chief looked at me and i said do you know who he is, and he said yes. he was one of the neighbors to nona dirksmeyer. gary dunn, a neighbor of nona s. he was among that handful of men who had been questioned and cleared by police. steffi knew that dunn certainly would have had the opportunity to kill. his bedroom window looked directly across a small parking lot at nona s bedroom window. now steffi had to get that man s dna. how did you do that? i asked him for it. and he said yes? basically. i just asked him if he would be willing to give me his fingerprints and a dna sample. if i can rule them out then we re done. but there was a problem. to get that sample tested steffi needed the cash-strapped jones family to pay for it. at first kevin s mother hesitated the test would cost about $600, but the investigator insisted. what did she say? eventually she just kind of said something like, oh, shucks, it s just money. so she paid for it, and what a good investment it turned out to be because weeks later steffi got a call from one of kevin s lawyers. the dna tests were back and wouldn t you know? i said it matches, doesn t it? he said it matches gary dunn. the results strongly suggested the dna on the condom wrapper was left by nona s neighbor, gary dunn. now steffi needed to check out dunn s alibi for the day nona was killed. dunn had told police he was out shopping with his mother around the time of the murder, december 15th. that was his alibi. so steffi went looking for copies of receipts from those stores to back up the alibi. so this is the store where suppose lead gary dunn came to do some shopping. this was one of the places we had to check out in his alibi and the store had boxes and boxes of records of receipts. it was the old-fashioned sign the slip kind of receipt. he s not kidding. boxes going back years. steffi rooted through piles of forgotten paper. how many boxes did you go through? i have no idea. hours and hours? i think i have tried to forget that. and just when steffi thought it was all a wasted effort, he pulled out this scrap. did you find it? i found it. i found it. there it was, a receipt that showed gary and his mom were out shopping all right on december 13th, not the 15th when they said they were when nona was murdered. it wasn t the same day at all. no. in fact, none of the receipts from the stores where dunn and his mother said they were shopping gave him an alibi for the time nona was killed. police and the prosecutor didn t mention that at kevin s trial, but now a new prosecutor was on the case and he found the dna results and faulty alibi compelling and one year after kevin s acquittal gary dunn was charged with murder. many people in russellville struggled to know what to think. their first impression was that kevin jones murdered nona, and they believed this latest arrestee was the real killer and could the state of arkansas prove it. coming up, gary dunn was the one on trial, so why did it seem as if kevin jones was as well? first thing you hit with is your son is on trial again even though he s not on trial, he is. when dateline continues. shard in data dressed as pixels. a billion roaming photojournalists. uploading the human experience. and it is spectacular. so why would you cap that? my iphone 5 can see every point of view. every panorama, the entire gallery of humanity. i need to upload all of me. i need, no, i have the right to be unlimited. only sprint offers truly unlimited data. for iphone 5. 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[ male announcer ] sounds good. it s alwaysou in my fridge. activia s important for my overall well being. because it helps regulate my digestive system. and when you feel good on the inside, it shows on the outside. shine from the inside out with activia. dannon [ male announcer ] to hold a patent that has changed the modern world. would define you as an innovator. to hold more than one patent of this caliber. would define you as a true leader. to hold over 80,000. well that would make you. the creators of the 2013 mercedes-benz e-class. quite possibly the most advanced luxury sedan ever. see your authorized mercedes-benz dealer for exceptional offers through mercedes-benz financial services. kevin jones parents had won and lost. they had won freedom for their woman they considered a daughter. they wanted justice so badly for nona. dunn s trial opened in april 2010. hirem jones listened as the state which had already tried his son now argued that dunn was a sexually violent man who had been stalking the young beauty queen whose bedroom window he could see across the parking lot. his own wife testified he was violent in bed with her and that weeks before nona s death she caught him hanging around nona s front door in the middle of the night. so, said the prosecutor, the jury could be sure dunn killed nona after entering her apartment with the intent of forcing a sexual encounter and the condom wrapper proved it. this condom wrapper that was found that had the dna on it, that did not have kevin s dna on it, that had his dna on it. so dna evidence, a disturbing background, an alibi that turned out to be no alibi at all, and sure, it was hard to see how dunn s public defenders bill james and jeff rosensweig could fight against their client s lies and dna and that s exactly what they did and with gusto. what you re saying is the state was simply wrong. what s more, they told juror, they could prove it. for starters, the state wasn t being honest about the dna on that condom wrapper. it was only a mixed partial max to gary dunn, they said. any thousand, million, billions of people are also not excueded. let me ask you then, is what you re saying gary dunn didn t touch that condom wrapper. he was never anywhere near that condom wrapper. he was across the parking lot in his apartment. minding his own business when nona was murdered. it s true, the defense said, dunn was not out shopping as he first claimed to police. he had simply gotten his days mixed up. it was, after all, two weeks after the crime when the detectives asked him for a detailed alibi. they asked him for receipts. they gave it to the police department. it wasn t for that day. he cooperated in full. he gave them what they asked him to do. the defense told jurors it wasn t gary dunn s alibi they should question anyway. if anything the lawyers said, they should take a look at someone else for nona s murder. her old boyfriend, and at that moment hirem realized with dread just where this trial was headi heading. the first thing you get hit with is your son is on trial again, each though he s not on trial again, he is. that s part of the defense that they use. how right he was. dunn s attorneys tried to persuade the jury that kevin jones, the first suspect in the case had one shaky story after another. the 911 call where kevin s mother is crying. her name is nona dirksmeyer. the defense said janice jones and kevin s friend gave police conflicting details of how they came upon nona s body and what they were doing to save her. it is a lie. they re all three lying. kevin s lying and his mother is lying. absolutely. without question. in fact, the defense attorneys tried to claim, you couldn t keep up with the jones and all their lies. even kevin s grandmother who said she was with kevin in another town the morning of nona s death and couldn t be trusted. kevin s grandmother knows he murdered nona. i don t know if they know, but they re covering for him. he couldn t explain one thing away, that bloody palm print in nona s apartment. it was his and not gary dunn s. did it work? yes, it did. after three days of deliberations, the jurors said they were hopelessly deadlocked and the judge declared a mistrial, but the prosecutor wasn t giving up. he promptly refiled murder charges and gary dunn s second trial began in 2011. gary dunn being tried a second time after his first trial ended in a hung jury. and this time the judge allowed the prosecutor to reveal a very dark fact about gary dunn. he was a convicted felon before nona was murdered. jurors heard from a woman named kelly joe fitsharris who happened to have the grave misfortune of jogging past gary dunn in the wrong day on the wrong place in 2002. it s a popular trail for runners, but very isolated. she came running by herself in that direction and she saw a man sitting here on this bench and as she ran up the trail this way she heard footsteps behind her and turned around and the man had a huge stick. he hit her over the head with it and knocked her down and hit her repeatedly and she realized the only way for her to escape was to where iiiggle free. she ran up as fast as she could, calling for help pretending there was somebody nearby. the police came later and they found gary dunn hiding in the water. they arrested him and he spent 18 months in jail. then newly out on parole he moved into nona s apartment complex, set up house directly across the parking lot months before nona s death. dunn s lawyers admitted it was a blow to their defense. so we had to deal with it and make it, you know, not make it any worse. do no harm. or was it already done? this time the jurors knew the man was not only prone to violence, he was a convicted criminal. so for a town s first impression that kevin jones murder the beauty queen finally be undone? coming up, the verdict. will there be justice for nona and her family? i knew that they were waiting to see if there would be closure. and coming up in our next hour, another emotional courtroom drama. how hard is it for you to be here today? very. after years of will silence, a son reveals a secret about the mysterious disappearance of his mom. it s a real conflict for me. i was thinking, zip your mouth. it was a case gone cold until detectives turned to facebook. something happened to her. could facebook help solve this crime? an entire family must face the truth. i was shocked and it was out of the blue. keith morrison returns with mystery number two, secrets in the mist. .with a store full of ways to get it done. we can all throw on our work clothes. .and throw out any doubt. because right now s the time to take those rooms from. . think i can do this? 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[ male announcer ] more fish fun to love. ba da ba ba ba to prove febreze can keep this car fresh, we loaded it with fast food, sweaty hockey gear, and a smelly dog cage. and parked it at a mall. in texas. for two days. then put a febreze car vent clip on the dash and let in real people. it smells good. like laundry fresh out of like the dryer. yeah. a man fresh out of the shower. nailed it. oh yeah. proof. febreze car vent clips keep your car fresh. another way febreze helps you breathe happy. this was the third time the state of arkansas had tried someone for the murder of nona dirksmeyer and the second time gary dunn stood accused, but when they started to deliberate his jurors weren t thinking about second or third. they were thinking the first. kevin jones, the first suspect in this case. were you any of you suspicious that maybe it was actually kevin who did this? i believe the whole jury thought in the beginning that it was, you know, high probability that it was kevin because the defense did a really good job of getting us to believe it could be kevin. once again, dunn s defense had retried kevin jones for the murder of nona dirksmeyer. the jurors eventually came to a sort of peace with that. this is gary s trial and we need to look at the evidence that s against or for him. and once they did they were troubled. on the witness stand that jogger described just how brutally dunn attacked her, just as nona had been attacked. that was really a big factor in my thinking, you know, about whether he was guilty or innocent and tied into everything else because that s what happened to nona, all those things. it showed dunn was a brutal man who was also a convicted felon when nona died. he even lied about where he d been that day. he don t have no alibi and that looks really bad. it looks really bad. he also talked about the dna on the condom wrapper found in nona s apartment. some believe the dna probably did belong to gary dunn, but that made them wonder, too. this guy was supposedly so careful to not leave no other dna or no other fingerprints in this whole crime scene then you would think he would have been smart enough to take the condom wrapper with him. so there it was. dna evidence against dunn, interesting, if perhaps not proof. circumstantial evidence which was compelling. they took a poll, guilty or not? several poll, actually. and then on the last go round they knew they were finished. they went back to the courtroom and looked at nona s family. coming up and being in front of her parents was the hardest thing for me. i was very it made me very sad because i knew that they were waiting to see if there would be closure. we couldn t do it. we couldn t give them closure. once again, the case of arkansas versus gary dunn ended in a hung jury. the most powerful reason for that, that first impression among many here in russellville that it was kevin jones who killed nona dirksmeyer. the state has not said yet whether or not it will file charges against gary dunn for a third time, but many here frankly doubt that they will. as for kevin, you may be surprised to hear he s due back in court. not for anything he did, but for the damage he says was done to him. by the police. they just looked at me and said he s the one that did it. kevin jones always believed the police zeroed in on him as the suspect in nona s death and never seriously considered anyone else. you did this! you did it. i m telling you you are dead [ bleep ] wrong i did this. he s suing mark frost, the detective who built the case against him and other, too, for withholing evidence. through his lawyer, frost denies making mistakes and withholding evidence. neither the russellville police department would comment on the investigation. so once again, kevin jones will be headed back to court, but kevin is moving on. he s married now, nose deep in books. for reasons you may understand he wants to become a criminal defense attorney and thus help other people correct poisonous first impressions and get this, he hopes to practice in of all places, russellville. right back in the place where you were almost convicted of murder. it s also the place that i grew up and the place where my family is from. besides, he says, he s made peace with the one person whose opinion really does matter to him. nona s mother. she no longer believes kevin killed her daughter. in fact, she says, she loves kevin. as for others who are more cynical, he tries not to dwell on what they think or whisper about him and the girl he once loved. nona dirksmeyer, the songbird, the beauty queen. the girl for whom justice is denied. when the young mother at the center of our next story disappeared, the internet was still in its infancy. police didn t have today s high-speed tools to track people who went missing. decades later, a cold case investigator hit on an idea. could facebook help find out what happened to the woman who vanished so long ago and force her son to face the truth? here again is keith morrison. january, point vicente, california, the wet, gray, morning cold had settled in to stay. at noon, a police boat sets off in the pea soup fog, a hail mary pass apparently, a slim chance to find the truth at last, but why out there? why after all these lost 30 years? maybe some cases are destined to stay cold, easier that way, before they came along with their wild ideas about murder and facebook of all things and now this. their doomed errand into the fog. her name was carol dean meyer, though she was carol lubahn when all of this happened back in march 1991, the night of the slamming doors, the harsh words and the car roaring away and it s an old story, anyway. pretty girl gets pregnant at 15, marries the guy, pretty soon she s a 20-something with two kids and a hankering to live, really live for a change and this particular pretty girl? she was fun. she was outgoing. she had a lot of friends. she had these two sisters. terri was the younger one, gail, the older. we were very close and made each other laugh all of the time. but carol lubahn wasn t laughing at the end of march 81. for one thing, she wanted to be somebody, her own somebody. i know that carol wanted to complete school and further her career and that s when she went back to study architecture. sure, her husband was a nice kid and she loved him once with all of the intensity of first love. the handsome high school football player who would hang around on her front porch. his friends would come over, and i thought that was kind of cool. all of his football athlete friends. mike stepped up and married her after the baby was born. he was a good father. he just seemed to really enjoy his kids. enjoyed carol s family, too. especially her dad milt. so mike became kind of like his son. milt brought young mike into the family house painting business. he just took to him immediately and everybody felt that way about mike, his friends, everybody. he was always a very likable person. friendly, loyal, but not exactly ambitious. he didn t seem to mind at all settling down to a modest existence and them and the two kids cramped up in a two-bedroom, one-bath house in torrance, but carol did mind it very much. i think she may have outgrown him somewhat. she had a secret affair by then, maybe more than one. she got herself a cute little red car, an audi fox and ordered personalizedplace plates and we did this one to look just like it and quite often she d get in her little car alone and go roaring off to school or to meat markets like the local red onion was back then. i know she was going to the red know on. i never went there with her so i don t know what she was like. she had another corner of her life that you weren t a part of. yeah. and then that night in march kids off to bed, their son mike, jr., was just a boy, 10 years old. i was in bed. i had just got a new stereo for my 10th birthday and i was listening to the headphones. from his bed he could see something happening out in the hallway. i remember them getting into an argument which was unusual. because they just didn t. not they knew of. i remember her marching past and going out the front door and slamming the door. you heard the slam? i heard the slam in the front door. i know that. and the next morning we got up and she wasn t there. mike senior told carol s dad that carol had demanded he sign papers to sell their house and he didn t want to and she got mad and they argued and when they woke with up in the morning she was just gone. so we just assumed she needed to get away for a few days, but as the days went on we got extremely worried. nearly a week after carol departed her red audi fox showed up in the parking lot of the red onion dusty, as if it had been there a while. i remember being upset about it. she was gone and i didn t know where she went. they drove around looking for her, went to bars. carol s picture in hand and nobody had seen her. what feeling was that? hopelessness. you know? where did she go? who did she see? the torrance police department opened a file, but they couldn t answer any of the questions, had she finally gotten fed up with mike and started a new life somewhere else or had she been in an accident or something worse? more than a week after carol disappeared there was still absolutely no sign of her and then something strange happened here at the house, something very strange. could it be that carol, unbeknownst to anyone sneaked back in here when nobody else was around? imagine what it was like back then in that little house? mike, thinking things over. on a hunch he placed tape on carol s dresser drawers, a little trap. one day he took the kids to universal studios and sure enough when they returned he noticed the tape was broken and moved as well. some of carol s clothes went missing along with some money from a place no burglar would know to look, under the butter dish in the refrigerator where mike said he and carol kept $100 in emergency cash and now $60 was missing. just like carol said her sister gail. she would not have taken all of it. that was in carol s personality to just be very fair. it made sense then? uh-huh. and then there were those mysterious phone calls. we would get the calls on special days, her birthday, my birthday, my grandmother would get calls. and just silence on the other end. yeah. what did you do. we d say carol, we love you. we hope you come back. we felt like she was finding a happier life somewhere. and understood that to make that successful she might have to make a dcomplete and total break. yeah. almost three months after carol vanished the dakotaives put it in the inactive file. in the report he wrote no foul play involved. remember thinking about her all of the time and i used to play records over and over that she liked and just thinking where is she? when is she coming back? eventually mike started dating a 19-year-old named carrie and brought her into the fold. we were happy that mike was going with life. and so they did all go on with life, and many years went by. until the morning in a whole new millennium when the torrance detective happened on the case of the missing young mother and somewhere in the back of his brain, a little light turned on, and i just had a hunch and it didn t sound right to me. coming up, doubts about carol s disappearance grow and others also would have suspicions about what really happened. later, they turn to a surprising source to help solve the mystery. why don t you establish a facebook account for carol? would they find the answer on facebook? alec, for this mission i upgraded your smart phone. right. but the most important feature of all is. the capital one purchase eraser. i can redeem the double miles i earned with my venture card to erase recent travel purchases. and with a few clicks, this mission never happened. uh, what s this button do? [ electricity zaps ] you requested backup? yes. yes i did. what s in your wallet? bwe need to leave our. contract plan yes i did. and make the move to net10 wireless. what??? oh nice, let s just have our calls drop all the time. net10 uses the same cell towers as the top carriers, but for half of what we pay now. half? don t worry. confusion is normal. but, i. it s better this way. but what if.what if. shhh. welcome to the next generation of family plans. fifty dollars the first line, 40 dollars each new line with unlimited everything. visit net10wireless.com go olive garden s three course italian dinner. just $12.95. choose one of five new entrees like penne di mare with shrimp. plus soup or salad and finish with dessert. 3 courses, just $12.95! go olive garden! living with moderate to semeans living with pain.is it could also mean living with joint damage. humira, adalimumab, can help treat more than just the pain. for many adults, humira is clinically proven to help relieve pain and stop further joint damage. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal events, such as infections, lymphoma, or other types of cancer, have happened. blood, liver and nervous system problems, serious allergic reactions, and new or worsening heart failure have occurred. before starting humira, your doctor should test you for tb. ask your doctor if you live in or have been to a region where certain fungal infections are common. tell your doctor if you have had tb, hepatitis b, are prone to infections or have symptoms such as fever, fatigue, cough, or sores. you should not start humira if you have any kind of infection. ask your rheumatologist about humira, to help relieve your pain and stop further joint damage. in march of 1981 carol lubahn, a lovely young mother of two known to be unhappy in her marriage suddenly vanished and departed for parts unknown leaving behind not just her husband mike, but her son, mike, jr., then just ten years old. it never felt my mother abandoned me. i was never upset with her. really? i never thought she did. i don t know why. i was just upset she wasn t there. i thought she would be there to show up at a graduation or something. i always thought, wow, she could show up. she could show up. but she didn t, and at family gatherings as the years went by, thanksgiving, christmases, that awful question why would she leave them? remained the unmentionable elephant in the room. when it came to my family, i think they didn t talk about it because they figured it would upset me or my sister so they just kind of like, it was a taboo subject and didn t really talk about her. my family is pretty closed to talking about heavy things so something like that rarely talked about. that was the ultimate heavy thing. yeah. could you see it in your mother s eyes or your father s? in my father s for sure. what would you see there? a lot of emotion. a lot of sadness. i m going to cry thinking about it. in 1987al northwest six years after carol vanished the torrance police department revisited the case and sime to have altered mike s memory a little. a few more details had come back to him. remember soon after carol vanished mike said they argued. he went to sleep alone, and woke up in the morning early and she was gone? but in 1987 he remembered they argued, went to bed together, she got up at 5:30 in the morning to go to the bathroom, he woke up and drifted back to sleep and woke up to the sound of a car engine starting and driving away. odd. but memories do play tricks. it never seemed terribly significant so the case went back to the file and got colder. mike took over the house painting business from carol s dad, and went on to marry carrie and have two more sons. gail and terri raised their own families and it was having babies that started to change terri s way of looking at her sister s disappearance. as unhappy as you might be in your life, you might leave your husband. you d take your kids with you. and so you began to suspect that she wouldn t leave her children what did that mean to you? that something happened to her. in 1996, 15 years since they d heard from carol the police came around again. this time they scanned the lubahn s backyard with ground-penetrating radar, even dug up the ground. didn t find a thing. funny thing, though, about four months later the local paper the daily breeze did a little story and interviewed mike and this time his memory was slightly different. he remembered that on that terrible morning when carol left he heard the garage door go up before she drove away. a little detail, though nothing profoundly different and no evidence whatsoever of any crime. the case went away again and then one day in 2002 a detective named walt delseen was rummaging through some cabinets behind his sergeant s desk. i was just being nosy. i thought, what is this? it was the carol lubahn case folder. at that point more than 20 years old and cold as they come. i never even heard of it before and i go, this is interesting. i wonder if this lady is still missing. of course, she was. so again, he read through the police reports. couldn t help, but notice the subtle changes in mike s story. and i thought that was kind of strange because i wouldn t think you would forget the last time you saw your wife. so he went to see carol s parents her mom melba, her dad milt. and he looked up at me and he was starting to cry, and i said, milt, are you okay? and he said he goes. i am just so happy i can t believe you guys are still interested in this case. how much did that have to do with you driving ahead in this case, with that conversation? a lot. i m the father of three daughters as well. what if this was my middle daughter? milt died one month later never knowing what happened to his beautiful middle daughter, but when terri went to her father s funeral and saw mike there a private thought ate at her. mike must know something. i didn t say anything. i tried to keep away. he was, of course, paying his respects to my family, but i couldn t carry on a conversation with him. meanwhile, walt delseen had become a little obsessed. he had many other more pressing cases, but something kept pulling him back to carol lubahn. i actually would shove some of my work away and i got in a little trouble for that sometimes. for years, detective delseen chipped away until finally in 2010, eight years after he found that musty old blue file he decided to pay a surprise visit to mike lubahn, his colleagues thought he was a bit nuts. there were those that thought what? do you think he s going to admit it to you. well, i ve played enough sports in my time and i know you re not going to get anywhere in you don t try. you never know. detective delsigne. what story would mike tell this time? coming up, this version was straight out of 007. i think i did that james bond thing and put the tape on the door. but one detail did ring true. she said you make my skin crawl. i ll bet you she did say that. when dateline continues. $16 a month. wha. what were you guys thinking? lucy: i think it should be five cents. charlie: yeah, it should be five cents. employee: we can t do five cents. lucy: it should be five cents. employee: everything can t be five cents. anncr: get term life insurance starting at $16 a month. call 1-888-metlife to apply and buy today. it s alwaysou in my fridge. activia s important for my overall well being. because it helps regulate my digestive system. and when you feel good on the inside, it shows on the outside. shine from the inside out with activia. dannon prego?! but i ve been buying ragu for years. [ thinking ] i wonder what other questionable choices i ve made? [ club scene music ] [ sigh of relief ] [ male announcer ] choose taste. choose prego. barrow island has got rare kangaroos. chevron has been developing energy here for decades. we need to protect their environment. we have a strict quarantine system to protect the integrity of the environment. forty years on, it s still a class-a nature reserve. it s our job to look after them. .it s my job to look after it. for eight years torrance police detective walt delsigne worked away at the carol lubahn file drawn by an irresistible not disappear voluntarily, but actual evidence of a crime? just wasn t any. he went over there to his sanningent. he invited us in, but we did catch him unexpectedly, but that was the plan. was mike upset or thrown off? not at all. very nice like i anticipated he would be because i now heard from everybody from the family how mike is a good guy. so together they went over again the details of that last night back in march 81 and right away mike remembered a little more about the night carol presented him with a real estate contract and a demand they sell their tiny house. she came in and did she turn and walk away with it? what happened? she said you make my skin crawl. i thought, bing, i ll bet you she did say that. so i pushed him some more for more details. and the details were, once again, a little different about when and where he last saw her, for example. it wasn t when he went to bed around 10:00 p.m. as he said on one occasion or 5:30 the next morning as he also said. no, this time mike said he last saw carol about 10:30 or 11:00 p.m. in the bathtub. i ll see you in the tub. and then he said maybe around midnight or 1:00 or 2:00. he heard the garage door go up and he went to the door and actually saw carol s car driving away. isey saw taillights. and you re sure it was her car? also, remember that story about putting tape on the dresser drawers after carol left and then later he found it broken? he didn t remember that now. but as he sat here in 2010, he did remember some other traps he d set even more elaborate. by now detective delsigne was working with his colleague jim wallace and deputy d.a. john lewin. lewin specializes in tackling the most difficult of cold cases. do you remember when you saw the results of that interview what you thought? yeah. i thought that his memory had grown in areas where it shouldn t and in areas where he should be saying the same story it was different and that s the hallmark of deception. sure, but the mind plays tricks. the mind invents things and inserts them into your memory and you believe them as strenuously as if they actually happened. that s an interesting theory. i don t think it s supported. memories can be lost, but memories don t increase in details over the years and they don t increase in different details and that s a sign of what we call a lie. his version of what happened from the start made no sense to any of us. this is what makes the case. why would mike lie? the cold case team it seemed obvious. he killed her that night. she stopped living that night and everything else that doesn t make sense it s all because it s a lie. if you know it s a lie then it all lines up. remarkably, mark lubahn continued to talk to them three more times, very friendly, without an attorney and he even let the prosecutor take a crack at him. if you were me, if you were in my position tell me what you would think? i don t know what you re thinking. which is? that i did it. well, mike, i can tell you. you know, sometimes you know the kind of murder cases we get, we get cases where the husband finds out that his wife is cheating on him and kills her. so so it has nothing to do with that. it had nothing to do with that. lewin did. when you just look at sentence structure and you look at how people talk and communicate it wasn t about that. what is the it? you gave that great significance, didn t you? oh, absolutely. so they kept at mike, and at one point it seemed to them he was on the verge of confessing. listen, why don t you give me a few days or something to think about it. i ll cooperate and i ll come back. but when he came back he didn t give them anything and they were right back where they started, suspicion, sure, but no evidence of a crime. no way to even prove carol was dead. that is until detective jim wallace hit on an idea. to use a tool that didn t even exist when carol lubahn fought with her husband on a march night in 1981. coming up, the long arm of facebook. it s a kind of a place where we say here i am. it s also a place where you can find people. the result, a dramatic turn in the case and fresh heartbreak for carol s family. another nightmare on top of the first nightmare. 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[ male announcer ] and that s how you test your car for fun. easy. a talking car. but i ll tell you what impresses me. a talking train. this ge locomotive can tell you exactly where it is, what it s carrying, while using less fuel. delivering whatever the world needs, when it needs it. after all, what s the point of talking if you don t have something important to say? only with my naked eyes doo, doo, doo-doo-doo, doo-doo, doo, doo doo-doo-doo, doo-doo, doo, doo doo-doo-doo, doo-doo, doo doo, doo doo-doo-doo, doo-doo, doo, doo [ male announcer ] refresh your home this spring with lowe s creative ideas magazine, inspiration on every page. now available free for ipad on the app store. doo, doo, doo-doo-doo [ dog barks ] [ male announcer ] lowe s. never stop improving. the deputy d.a. john lewin and the cold case team believed mike lubahn killed his wife carol back in 1981, but they had one big problem. they couldn t prove carol was dead. the biggest assumption is going to be how do you know she s not out of the country or across the country or changed her identity. kind of an important question with no answer, and then in january 2011 jim wallace got the flu. lucky break. no, really. and i was laying in bed and my wife came in and unfortunately when you work these cases all you talk about is we are a dedicated cold case team is you talk about the case you re working and i m sure she was tired of hearing it, and she mentioned why don t you establish a facebook account for carol. i thought that could actually accomplish a great deal. back in 1981 when facebook, detective wallace knew social media and its potential to connect to millions of people around the globe instantly, it could determine once and for all, he thought, whether carol was alive or dead. because all of us know from using facebook that number one, it s kind of a place where we say here i am, and it s also a place where we can find people. if carol was still alive someone on facebook or twitter would know something. of course, wallace also knew carol would look vastly different so he found an age progression artist to create an image of what she might look like today and he placed that photo and others like it on facebook and other sites. and it turned out it was a great point of contact for me to contact 350 friends and family of carol s and i asked h has anybody seen carol. nobody had seen carol since the night she disappeared. and if carol had googled her own name she would find herself at her own website at carol jean lubahn.com and that meant something significant. she s not looking for herself. she s dead. or a farmer s wife in uruguay who doesn t go on the computer much. maybe. lots of people are not on facebook and don t check and google things and it doesn t mean that she is dead for sure. in this large, cumulative thing that we re looking at, it s yet another piece that points to the same conclusion. if carol was dead, if mike killed her taking the accusation to court would be risky, totally circumstantial, of course, no body, an unclear motive and sympathetic defendant and the prosecutor decided to roll the dice. 30 years after carol lubahn vanished from her family s life, in 2011 mike was arrested for carol s murder. when you went to the family and said we re going to charge him, what was their reaction? mixed at best. mixed? that s a mild word. how about upset? horrified? mystified? in fact, most of carol s family members believe the idea that mike could have murdered carol was just ludicrous. well, he was a member of our family and nobody wanted to see him be arrested or him be the reason or any of that. it s like another nightmare on top of the first nightmare. this was a case where i think the family would have been more than happy to believe that carol is still out there somewhere. she s not dead, and their beloved son-in-law is not a killer. but of all mike senior s family members, and no one was like his first-born son mike, jr., who followed him into the fleem painting business and worked side by side with him for decades and who had confessed to detectives that like his aunt terri, he, too had doubts about his father. doubts that had taken root shortly after mike senior s second wife left him. he talked about my stepmother constantly for years, it was nonstop. and why was that so significant to you? because he never talked about my mother. at all? never. but mike never confronted his father. i just knew in the back of my mind that this could be a possibility, and i really honestly, at that time i never wanted my father to go to jail. i just wanted to know, and it was so important to me to know the truth behind that evening. to get the truth and avoid a trial, prosecutor john lewin was willing to make a deal. we had offered him voluntary manslaughter if he gave us carly s body. and he turned you down flat. he did. repeatedly. mike pleaded not guilty. the case was going to trial and if members of carol s own family didn t believe mike did it, what would a jury think? coming up, a father in court and a son on the stand. i was really, really stressed out about that. and he watches his dad answer this. isn t it true, mr. lubahn that carol lived her last breath in that bathtub when you murdered her? when dateline continues. he. uh, hey.. i m bob, we talked at the tax store. i did your taxes. i thou??t you were a tax expert? 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[ male announcer ] save the day in an instant. at&t. net. it was september 11th of all days, september 11, 2012, 31 years, five months, 12 days after the last known sithe of carol lubahn and an inauspicious day to begin the prosecution of a popular man? could be, but deputy d.a. john lewin went ahead anyway. what with i m going to be able to prove beyond any reasonable doubt, ladies and gentlemen, is that despite the fact that mike lubahn is a decent man, he murdered his wife. of course, lewin knew that to prove a murder had occurred he had to show that the victim was, in fact, no longer alive. for that he turned to detective wallace that the facebook and social media presence he d created for carol had turned up a whole lot of nothing. have you been contacted by anybody either by phone, email, in writing who says, you know what? i ve seen carol lubahn after the day she disappeared? no. though as lewin and his team also let the jury hear, family members like carol s sister gail believed what mike told them, that carol had run off. has it been hard for you to accept the possibility that she may be dead? well, yes. is it made even more difficult by the fact that you care deeply for the defendant? yes. and younger sister terri, even though she had suspected mike for years do you still think of mike lubahn senior as a part of your family? yes. but most anguished of all, mike and carol s son, mike, jr. is there anything about the way you remember your mom that would make you think or made you feel that she would leave you and never come back and never say good-bye? no. he loved his dad, but also secretly doubted him. something he never revealed until now. i was sweating so profusely during that whole trial. he never knew i had these feelings so on the stand publicly i had to basically say, yeah. i m thinking there are are some weird things about your story, and it was the first time that my father really would have known i felt that way. so i was really, really stressed out about that. how hard is it for you to be here today? very. do you want to believe that your dad is responsible for your mother s disappearance? do i want to believe it? yes. no. let s assume that your dad, in fact, did kill your mom. would you want to see him punished for it? no. not particularly. prosecutor lewin knew the ambivalence of these family members did not help his case. but in the end, my job isn t to make sure that the family members get what they want. my job is to make sure that, you know, carol s killer is held responsible. but was mike a killer? his attorney, kevin don hugh. i think the police are just wrong. no forforensics, no witnesse not even a booed pep the defense might have stopped right there. instead, they decided to gamble. mike was a nice guy, the jury should see that. and if the detail his been a little different each time he was asked to tell the story, here was his chance to straighten it all out for the jury. how odd then, that mike, under oath now, amended his story just a little again. like, when he added the detail that carol was in the bathtub when she said something mean to him. she said you make my skin crawl. also slightly different, the way he discovered she was gone. i opened the front door and went out and the garage door was up and the car was gone. in earlier versions didn t mike say he heard the garage door go up and saw taillights as carol drove away? why had his story changed again? what s the deal with that? did you hear the garage door? i don t think so. why do you think that now? what has jogged your memory? because i think over the years i thought about this night so many times, and i just, you know, i ve seen that car back out of that driveway many, many times when she was leaving so i think i just thoughty r petedly in my mind that that s what i thought happened. i saw the car. i can see it right now. he never thought for a moment, he said, it would be the last time he d see his wife. i thought maybe she had gone out that night, went dancing and staid the night with a friend. what did happen to her? mike insisted he simply didn t know. did you have anything to do with killing her? no. did you have anything to do with her disappearance? no. other than i didn t sign the papers and made her upset, but that s it. successful testimony, maybe. but now the down side. he d have to answer questions from john lewin. do you lie sometimes? no. you never lie? i wouldn t say never. a white lie. who knows? have you ever lied about something serious that wasn t a white lie in your life? no. in your entire life you ve never lied once about anything that wasn t a white lie. not that i can remember. in fact, mike had a hard time remembering a lot of things prosecutor lewin asked about. i don t remember. i don t remember going to bed. i don t remember saying that. i don t know. but how on earth, asked lewin, could he not remember the last time he saw his wife. would you agree that that would be one of the most significant events, details of your entire life? yes, but i it doesn t mean i have to remember it. lewin wasn t buying it. isn t it true, mr. lubahn, that the last place that carol lived her last breath was taken in that bathtub when you murdered her? why are you looking at the judge? i m waiting for him to correct you, no. i didn t murder her. in the bathtub? if you had murdered her, you would tell us. i would have admitted it. you would have admitted it? yes. do you think that statement is believable? i think so. i m done. of course, believeability was a question for the jury to decide and decide they did. though as you ll see, that wasn t the end of the story. not by a mile. coming up, a son overcome with emotion. a final push for the truth. please, for your family, for your kids, tell us what happened, and then a final, fateful twist. it just is the ultimate answer. this is it. and coming up next friday on dateline. did you kill travis alexander? yes, i did. inside the steamy trial that s riveted the country. i hate to put it this way, but i felt a little bit used. jodi arias charged with killing her lover she says in self-defense. he attacked me and i defended myself. these are the stories you haven t heard. this was not a kind, gentle way to die. from her friends. all i can say is that s not the jodi that i know. and his he would joke about it. if i ever show up dead you know why. inside, the jodi arias trial. so which would you rather have? a big treehouse or a small treehouse? if it s big enough, you can have a disco. oh, yeah! why do you not want a smaller treehouse? because it wouldn t be able to fit a flatscreen tv in and then the tv would be about this big and you would have to hold the wire and the position you would hold the wire you wouldn t be able to see the tv. that s a pain in the buns. yeah. yeah. yeah. yeah. 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[ zapping ] [ clang ] this is the next level of performance. the next level of innovation. the next rx. the f sport. this is the pursuit of perfection. the f sport. i m here with daphne oz, a model of healthy habits. so daphene, do you eat activia. i do it s always in my fridge. and you know activia isn t just for minor digestive issues. exactly, it s also important for my overall well being because it helps regulate my digestive system. and when you feel good on the inside, it shows on the outside! whether at work, with friends, on a special night, or just enjoying an activia. shine from the inside out with activia. dannon let s call the jurors out. there are few things in american life as dramatic as waiting with consequence as the moment the jury, verdict in hand, files into a courtroom, have they been persuaded that mike killed carol or even that she was dead? mike s family held its collective breath. so did the prosecutor and the police. you know, you don t know what to expect. and now here was mike s fate. we, the jury, in the above-entitled action find the defendant michael clark lubahn senior guilty of the guilty of second-degree murder. mike lubahn was going prison and longtime detective jim wallace felt surrounded by a very unfamiliar reaction. i ve had cases before where you get done, you know, and you walk out of the courtroom and the family throws their arms around you and they re so grateful, right? that s not this case. i was just very surprised that the jury would convict him on such little evidence, and i don t think any of us are happy to see mike go to jail. and you still believe mike is a nice guy, believable guy? yes. what gail and the rest of the family wanted most were some answers. it s not so much that i want mike to pay for what he did. i just want to know what happened to my cyster. and at the sentencing hearing in december 2012, mike s own son echoed those sentiments. guilt or innocence aside, i ve never wanted my fa other to go to prison, i only ask that if he knows anything to please let me know. and then mike, jr., made a heartbreaking plea to the court. he s been a good father and a good person. if he s sent to prison today i want him to know that i m going to miss our time together. it will be hard to see the world change without him. i m okay. i humbly stand before the court to request leniency for his sentence. thank you for the opportunity to speak. after that, well, then the strange tale of the much-loved convicted killer took quite a remarkable turn. it happened that very day in court. prosecutor lewin. i m asking right now as we sit here, mr. lubahn will have a chance, please, for your family, for your kids, just let it go. tell us what happened. can we have a moment? the judge granted a recess so mike could speak with his attorney privately. did he actually have something to confess? he returned a few minutes later. and we re asking to continue the sentencing. time to think, the judge pushed back sentencing by a month. my hope was that he would tell us what happened, that he would tell us what he did with carol and that he would be honest about both. for almost four weeks they waited until january 7, 2013. all eyes were on mike lubahn as he entered the courtroom. and then shifted as one to prosecutor lubahn that that very morning mike revealed to him the secret he d been keeping almost 32 years and so now lewin did the talking and mike, for once, said not a word. all of the information about them fighting about the selling of the house he says that was truthful. that occurred. then carol stormed out and it might have blown over as arguments do, but she came back 1:30 a.m. and said the one thing that would not blow over. not ever. she told him that she was going to be taking somebody else, another man, to her sister terri s upcoming wedding. he said he was very upset. she tried to comfort him then, he said. she said don t worry. you ll find somebody else, et cetera. and that was the last thing carol lubahn ever said. he didn t want to hear it and he said that he pushed her. she fell and hit her head on a heavy end table in the living room. he said that she didn t bleed, but he knew instantly that she was dead. detectives hooked lubahn up to a polygraph machine. how much of this was true? after the polygraph, the test was done and he confronts him and says you didn t pass. now the defendant changes his story and he says, okay, i punched her in the head and i punched her hard, but he said only one time. then he told lewin what he did with carol s body. after he killed her he put her in the garage behind some carpet. he took her car the next morning to the red onion parking lot, dumped it there, at some point she was placed in the trunk of mr. lubahn s vehicle. and then he said he took her to the ocean, put her on a raft and paddled out to sea and dropped her down. a cinder block tied to her body. it was a shock, of course, a big shock. for so long the family or most of it believed mike, and now in this very public way they finally knew that carol was dead and he, their sweet mike, killed her. but the whole truth, was it actually out there somewhere? and so on that cold and foggy january day mike, surrounded by cops and lawyers floated out into the mist to find carol, find whatever was left. if they find the cinder block in the ocean after the search, they find that that will give me half of the closure i need. she didn t get it because after the boat ride, mike admitted his ocean tale was one more lie. and perhaps it was finally for the sake of his son, the son who never abandoned him that he finally passed a polygraph and led investigators to the place he now says mike s mother has been all these many years. and some time in the coming months the police will try to uncover her remains and so give her family a chance to say good-bye. i don t really know why getting her back is the ultimate bookend for me. i want to know that she s properly buried or cremated or whatever we will choose to do with her. why is that so important? i think it s just the ultimate answer. this is it. there s no more wondering. no. not about that, but his father in prison, 15 to life? good deal of wondering left to do about that man, and what he took away. do you still love him? yeah, i do. i mean, i always will, i just have to figure out how i m going to process these facts i know. i don t know yet. i kind of thought a perfect punishment for my father was i was going to ask him to write one sentence about my mother to me every week he s in prison so he has to think about her and i can remember her again. that s all for this edition of dateline friday. join us again for dateline sunday at 7:00, 6:00 central. i m lester holt. thank you for watching. rock center with brian williams starts right now. ladies and gentlemen, this is the national broadcasting company. tonight on rock center, he s the olympic hero turned killer as the world focuses on oscar pistorius. tonight from south africa, mary carrillo gives us an unprecedented look at reeva steenkamp, his girlfriend, from the people who knew her best. she would never come to you with a problem. it was always you to her with the problem. was t
earlier in the show, we asked you to weigh in on the jc penney debate and decide whether the bear or bull won. we tallied the results, and you said i don t think i m surprised. steve weiss, made the better argument, weiss? i think we have a very intelligent audience. victory lap. i had to give you a victory thing there. pete? trm, this is going higher. doc? shipping. chrw. a lot of buying of may 60 calls. stock correcting more than 10%. bought citi yesterday and more this morning. tesla. among the june 40 calls, unfairly beaten up. tweet me. that does it for us. can you see more fast at 5:00 tonight. big snap back. dow marching towards all time closing highs. right now up 130 points and power starts now. it is 1:00 in the east. welcome, everybody. on wall street we have several breaking stories to tell you about. big news on apple and price line today. apple s shareholder s meeting and a day after a big report on priceline. we have that company s ceo. let s look at apple shares for the upday on the market. we will delve deeply into apple in just a moment. meantime, priceline, let s take a look that one. sort of the massive performance over the last few years at $698 even. it is higher by 19.51 at this instance. sue is at the new york stock exchange. hi, sue. hi, ty. we have a strong market day today. markets are popping on very solid economic news. durable goods numbers and good earnings. and of course ben bernanke s reaffirmation of the stimulus policy. that resulted in triple digit advance in dow jones industrial average. we are up almost a full percent on the trading day or 131 point. but the significance is the move of better than 1% on the upside in the s&p 500 which confirms the move on the dow. the nasdaq is participating, up better than 1%. we are seeing steam come out of the gold market though, it gave back almost everything it gave back yesterday. up about $27 yesterday. er with off of the lowest levels in gold but still down about 19 points on the trading session. and crude, last trade on that was to the down side as well. meanwhile, ty, back to you. sue, thank you very much. manager of global investments at morgan stanley, among other shares that he owns, he owns apple computer. i want to begin with your take on the u.s. market as it roars back above 14,000. do you think it can break through and go higher this year, even with the federal spending cuts coming? sure. this year, yes, absolutely. and the reason is because we are at a second stage of a bull market where there is capitulation going on. people on the side lines are saying, i m not worried about losing any more. i m worried about missing out. i have to get back in. that s when you see money come back into the equity market. and that will push the market higher. maybe not tomorrow or friday, but certainly this year. you you will like some of the growth names in the american market. some in healthcare. some in other areas. tell me about them and why. well, look. more of the financials are in future growth. a lot of the stocks have done very well. so you have very low multiples for future growth. traditionally growth does better in later stages. i want to get your views on europe in a moment but while we are still here in the u.s., let s talk about apple, which is down today. shareholder meeting today. you just said you think it is naive to expect that there will be some shareholder dividend or special payout today at this meeting. it just didn t happen that way. but you will like apple, tell me the scenario of why. well, to be clear, they have decelerated revenue. now they will make $45 a share and the multiple hasn t gone down. so the point is the company s growth rate is deselling but they have things out there, namely cash dividends or stock buy-backs or dividends that will force shareholder pressure to do something. i look back to 2004. remember, microsoft came under the same pressure and they ended up paying a special dividend. the stock did very well those months into that special dividend. ill ask a truly far-fetched question and you can smack me if you wish. apple, feels to me in a funny way, the way dell felt to me in 2000, 2001. it owned the world. and then revenue started to slow. competition came in. exactly. dell had a secret. they addhad a secret sauce of bd to order. so does apple. is apple potentially dell in ten years? life cycles 2in technology i very short. will the iphone be there in two years? they don t stay on top for long. but having said that, there is something short term. quick final thought. you like it. yes. more selectively. seven months into it. remember we spoke in september and lo and behold, the second half of the year, europe rallied and so i think just earlier in the a 5i com dative central bank policy, period. high levels of skepticism towards zero. that s a good time to invest. people are underinvested in europe. thank you. good to see you. thanks for being with us. sue, done to you. thanks, gentlemen. we have breaking news. seven-year note auction going off, hey, rick. demand on the seven-year auction of 29 billion, a c plus. we are looking at yield ultimately in the auction of 1.26. right in between virtually the 126, 125.5 when issued market. all of the metrics were average. indirect bidders at 33.4 on the light side direct bidders with 18.2, heavier than 16. but very similar to yesterday. moving 9 billion in supply. normally a rally pushing rates down. we will see. sue, back to you. thank you very much, rick. priceline s fourth quarter results beating the street tuesday evening. right now shares are up high on the day by about 2 1/3 percent on the trading session. simon hobbs is one of our co-anchors here, one of the best interviews in the business today, and he has the ceo, jeffrey boyd, exclusively. simon? mr. boyd, welcome to power lunch. welcome to cnbc. let s dive straight in. you beat the estimates by 2 p cents. better earnings than the streets expected. how do you feel about your fourth quarter? we think it was an excellent quarter for the business. we were pleasantly surprised to see a little bit of acceleration in our room night growth and in international hotel results in particular. and that led to a bet are than expected quarter. i m trying to imagine what it is like to be inside a business that is growing at 30%, 40% internationally. and yet still, when you go on the conference call, having to be quite defensive about the strategy, about the margins, about the resilience of growth that came up many times. do you think you will be able to reverse the decline in your margins or as you expand, will it always cost you more for each customer? well, i think that if you look at how the business performed over the course of the last year, was really an excellent year. especially given our exposure to the european markets. and the economies in western europe in particular and southern europe. our business model has performed quite well and that s where the word resilience comes in, that with really nice tail winds in business and they can do well even when the economy is not great. we look at investments we make in the business as an opportunity to build for growth into the future. and we are delighted to have that opportunity and to have strong margins that puts us in a better position than any other company in our space to take those steps. and to be fair, there is a lot of positive comment this morning. calling you up 30% to $900 per share because he believes that international growth can accel brat. but just to come back to that margin question, you will be aware of the morgan stanley out recently that suggests your margins could fall over the next three years. how scared should investors be when they hear that from the likes of morgan stanley? you know, i have to leave it to investors to come to their own conclusions about the trade-off between operating margins and growth. but we think it is the best thing for the business for our hotel and rental car suppliers and for customers and shareholders. for us to invest in these very, very attractive opportunities. particularly in markets like asia-pacific and latin-america that are in the very early days of building jn line travel. we want to be there and invest aggressively because those are great opportunities. you know, some people that believe the stock is expensive would look at it at 18 times earnings and say that s relatively fully priced. how do you make the transition to being like jeff, at amazon, who came through, through investment with a further quarter loss but is still able to trade 178 times four earnings. can you do that? i look at our job as to manage the business and we don t really focus on the multiple. that s for investors and analysts to deal with. but i think there is one similarity that jeff bezos demonstrated, that it is worthwhile to make investments in businesses that have great growth opportunities and if you deliver growth to the investors, typically, they are satisfied with that. they appreciate that trade-off. mr. boyd, sue herera here. thank you, as well from me, for joining us. we are facing sequestration cuts at the end of the week. a lot of economists we talked to said if indeed these go into effect, people will once again pull in the purse strings which might have an affect on your business. how worried about you on sequestration and dysfunction in washington right now? i think i m worried about it both as a voter and as a business man. our business came through the fiscal cliff in pretty good form. and i think consumers are determined to go on in our lives and to the degree that they can. all of these potential disruptions are not good for consumer sentiment or the economy and we would like it see those, the sequester solved and not have a series of banksmanship governing. you do not expect an impact on your bottom line, though, if indeed the sequestration cuts go into effect? at this point in time, i don t think given the magnitude of the cuts relative to the total size of the federal government that in the near term it is going to have a big impact on the consumer. i also think there s an expectation in the marketplace that the sequestration, even if it comes into play on the first of march, might not necessarily last for a very long time. if i could ask you a question about a story earlier this week, we are asking all of the ceos that come on cnbc about this, there is a big broohaha out thereabout marisa marissa mayer s comments about everyone needs to be in the office and not telecommuting. do you have telecommuting at your company? we certainly have people working remotely at our businesses around the world. but i think you can really only evatvaluate that decision with t is going on in yahoo!. marisa is a new ceo. if they have a substantial number of people not working in the office, it gets hard to really understand the relative contribution people are making and there may be something unique there that makes it the right decision for yahoo! even if it is not the right decision for other businesses. simon, last word in? no, i think i m more or less done, to be honest with you. that s great. mr. boyd, thank you very much. appreciate it. tyler, back to you. thank you. sue, simon, thank you very much. two economic reports pleasing wall street today. commerce department says nondefense capital goods orders, manufacturing goods, surge 6.3% in january. that s the biggest gain in more than a year. congress expecting a rise of 0.2%. what do economists know, i guess? business investment activity could provide a lift for the economy. and that is sending manufacturing stocks higher. there is a quartet of them all to the jup siup side. demand for civilian and defense aircraft fell sharply. take away the transportation orders and those durable goods orders increase by 1.9%. that would be better than expected and there are some durable good companies, including whirl pool, boeing and danaher. sue? tyler, are you a betting man? not really, i m not. well, then you re out of luck. new jersey is rolling the dice on internet glambling. becoming the third state in the u.s. to make that move. before the break, big down movers on this wednesday afternoon with the dow jones industrial average up 132 points. look at the cap, up. [ man ] i ve been out there most of my life. you name it.i ve hooked it. but there s one. one that s always eluded me. thought i had it in the blizzard of 93. ha! never even came close. sometimes, i actually think it s mocking me. [ engine revs ] what?! quattro!!!!! 150,000 people packed into st. peters square at the vatican today for pope benedict xvi s final audience. the pontiff talked about his decision to advocate. the vatican is rolling the dice on a new pope so to speak. look at moves on boyd, caesar s, las vegas sands and mgm resorts. all significant movers today. new jersey becoming the third state now to legalize on-line gambling behind nevada and delaware. garden state s governor, chris christie. i m the only man who can block chris christie, frankly. he assigned a bill on tuesday that will include his demands for a ten-year trial period of internet gambling and raising taxes on atlantic city casinos internet winnings to 15%. christie saying, this was a critical decision and one i did not make lightly. gamblers would have to set up on-line accounts with a particular casino. the state division of gaming enforcement will improve final rules and choose a start date later this year. sue? ty, julia boorstin is live in l.a. with details on how the new law in new jersey will impact zynga. julia? it could be a game changer for zynga as it struggles to have social and mobile games. zynga shares sharply higher today, up over 7%. though its stock is still down over 70% in the past year. now 30 million people played zing wh zynga s poker game. this will also benefit private companies, can which are launching on-line gambling overseas as well as infrastructure providers like betable. poke are stars should benefit as well as traditional casinos. we will see if zynga partneres with one of them in order to tackle this new market. sue, tyler? thank you very much, julia. watered down budweiser? the outrage. beer lovers filing a class action lawsuit against the bud brewer. we have the scoop and suds. coming up, power pitch. start-ups give us their 60-second pitch. i m james, co-founder of crowdtilt.com. my question is, what is pro pry tarity about it. do these founders have what it takes. are you in or out on crowdtilt? stay tuned to find out. [ shapiro ] at legalzoom, you can take care of virtually all your important legal matters in just minutes. protect your family. and launch your dreams. at legalzoom.com we put the law on your side. hello, everyone. i m tyler mathisen. this is the power pitch. interviewers get 60 seconds and not a second more to make a pitch then our panel of experts will ask questions about the business, giving you inside access into the dynamic world of shart-ups. james beshara is ceo and co-founder of crowdtilt. they want it make your event and purchases easier and the company is getting a lot of attention in silicon valley. here is his power pitch. i m james beshara, co-founder of crowdtilt.com. we created crowdtilt because paining a an event is a pain in the [ bleep ]. collecting money from people is a knit mare. sending out e-mail, collecting money by cash, check, paypal. keeping track on who paid and who hasn t and keeping track on an excel spreadsheet is complicated, but shouldn t be. with crowdtilt, you throw up a page in a few seconds and you can start collecting money from anyone in the community, country or even just your office. once the target of what you are trying to reach is met, all of the credit cards are charged and the money is sent directly to your bank account in one lump sum. no dealing with multiple threads or multiple people or cheap skates that haven t paid. it is simple. you don t have to deal with the cheap skates. that s the gift that keeps on giving. james is on the right side of your screen. he can t react just yet. on our panel today is media reporter for cnbc julia boorstin and silicon valley power broker neval ravikant. he is ceo and founder of angel list. you have heard of twitter, uber, four squares, and he just might make an investment here to put his money into crowdtilt here on the pouch pitch. all right, folks, let s huddle up. julia, why don t you start in what are your initial reactions? is a great idea. i can think of a half a dozen experiences in the past six months where i would love to have something like this. my question is, what is proprietary about it? it is very different from crowdtilt but they managed to resist push from paypal. they connect strangers to campaigns where james connects friends. connecting friends is not that hard and maybe not as valuable. all right. very interesting points there. plenty to work on. james, well welcome. this is the hot seat. it is your turn to answer questions from our panel. julia, you get to go first. james, what is your competitive advantage here? speed is our biggest asset. building a product out as quickly as possible. something that paypal has tried two or three times to make their product more social and they have really struggled in that area. with crowdtilt is started social and social is in our dna and design of the product. what we need to do is continue it move extremely fast. how many people are using it and how fast is it growing? it is growing quickly. one of the best things we have going for us is the word of mouth of the product. and the user experience seems to be something our users and customers like. on the margin side, how much do you taken a do you think can you maintain rates overtime. sure. we take 2.5%. our challenge is to make sure the prod subject good enough to where people say, i don t want to use cash even though it is free because crowdtilt is so easy. that s our challenge. what is your plan to drive adoption. word of mouth is valuable here. do you need to market this product? the great thing about the model and we fell backwards into it. if you send it out to your 12, 15 friends, they all have to use it. it is inherent in the model that you have to share it with friends. that s our biggest boom today for growth. let s ask the key question, are you in or are you out on crowdtilt? julia? i have questions about the competitive landscape. i think the mark set potentially enormous. if crowd tilt can be flexible in the way it allows people to use it, it ll be an incredibly valuable service. i ll be in. naval, how about you? i think it is inherently viral and it spreads itself. i agree, julia, if you worry about defensibility over time but those are solvable issues. so i m in. to what level would you invest? if james is raising money, i would put money in. i would put in tens or hundreds of thousands, pending due diligence and availability. i like three things about it. viral, social and anybody who touches money. i think those three things together make this a winner. so james, you got three yeses. you re going to hollywood. all right! thanks very much for joining us. and thanks naval and julia. that is the power pitch. naval said tens or even hundreds of thousandis, he would be willing to put in. he is now in with a real invest many of $50,000 into that company, crowdtilt. not bad for a 60-second power pitch. that is reality television, folks. and we want to hear from you. are you in or out on crowdtilt? go to powerpitch@cnbc.com. how about that, sue? i think that s fantastic, ty. that s great. we will have to follow him when he ipos. we will see how it works for him. we will probably all work for him. you re probably right. a big move in the market to the upside. up 132 point on the dow jones and we will have big movers this hour. we are watching tech as well. as apple, you know, facing shareholders today after a big drop in the last six months and down better than 1% right now. before the break, the defense stocks, we are nearing that deadline for government cuts and right now, they have bounced back after being hit hard earlier in the week. with the spark cash card from capital one. boris earns unlimited rewards for his small business. can i get the smith contract, please? 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[ male announcer ] get the spark business card from capital one and earn unlimited rewards. choose 2% cash back or double miles on every purchase every day. told you i d get half. what s in your wallet? otherworldly things. but there are some things i ve never seen before. this ge jet engine can understand 5,000 data samples per second. which is good for business. because planes use less fuel, spend less time on the ground and more time in the air. suddenly, faraway places don t seem so.far away. but we can still help you see your big picture. with the fidelity guided portfolio summary, you choose which accounts to track and use fidelity s analytics to spot trends, gain insights, and figure out what you want to do next. all in one place. i m meredith stoddard and i helped create the fidelity guided portfolio summary. it s one more innovative reason serious investors are choosing fidelity. now get 200 free trades when you open an account. welcome back to power lunch. i m share onnon epperson. we are looking at a decline of nearly $20 here in the gold market. of course this is after the best one-day performance we ve seen all year for gold that is on the heels of fed chairman ben bernanke s. today it is old news and we are looking at yet again the rotation out of gold and into equities and we are looking at a key level that needs to be reached for the momentum upside to continue. sue, traders are saying, if we don t see 1620 again, we are looking at more down side. thanks you very much. strong market day. and bob pisani joins me with perspective on that. broad-based. a calm in the markets now. convincing everyone they won t be liquidating any time soon. and they did move the market a little bit. take a look at s&p because around 12:30, they were talking about the 6.5% target that they had. he said, well, we can see 6% unemployment, three years from now. market moving up to its highs of the day on that comment. there is that circle that you see. but you can see the rally started with a very big gap up early on the day and transports other factors on the back of a very good durable goods report. all of the big multiindustry companies. companies that sell across many countries and industries, all were strong today. itt, eaton, all those big companies. defense and aerospace and sequester for companies strong in defense, not showing any declines here at all. then pending home sales numbers, sue. at 10:00 supporting home sales numbers. and look at housing related stocks throughout the day. good economic news is the key. absolutely. that s what ty will talk about with steve liesman. you will be back with me in just a second. steve liesman is one of the reasons whab from an economic perspective is really the reason behind today s move? i thought the market started off strong today. as pisani just pointed out. maybe the first hundred points of the valley was just the economic numbers. but inside that, capital investment number is and then pending home sales numbers. a good trifecta of economic data. maybe the last 30 point or 20 point is the fed chairman stating that market maybe knows or could have known but the idea we won t hit 6% unemployment by his estimate until 2016. what does this mean? bernanke said we will not get to what he considers to be the long run unemployment rate of the economy until 2016. if you look at the chart of the fed s forecast of unemployment you see 6.3 percent in 2015. so what he is saying if you go down more and that means, policy could be open or easy until that time. very quickly, i m told to ask you, what in the world does moroccan pottery classes have to do with it. the new tea party congressman from wisconsin said how can you say he with shouldn t cut the budget when we spend $27 million on moroccan pottery classes. a real passion back and forth over whether there is a lot of waste in government spending. duffey overstated the numbers a bit but we are spending money on that. a lot of pots. a lot of pots. sue, back to you. ty, thank you. kenny, bob pisani here, and josh lipton here too, to talk about the markets. kenny, you thought it that was an unbelievable exchange. a great exchange. i didn t know this congressman. i was watching on television and i saw the exchange. i thought he painted bernanke right into the corner. he says, listen, we are talking 2% and we can t find 2% across the board. families have found it, businesses have found it and you say we can t find it. and ben bernanke, didn t know what to say. okay, i hear you, but we are talking 2% across the board. i thought it was great. 2% isn t nothing tp president obama has been laying out exactly how many people might be fired in defense. he is playing the alarmist role. sending out e-mails today about no more meals on wheels for elderly. are you kidding me? are you kidding me? that s where we re going with th this? the market doesn t seem to be paying too much attention to it. that the interesting point to me. i m hearing, when i walk in the door down here, the teflon market word again. josh lipton, i don t know if you see that in the internals you re looking at from your perspective. what are you watching and this seems to be a fairly broad-based move in the market. you heard bob and steve touching on this. there are three trend. you have commentary out of chairman bernanke repeating support for stimulus. have you italy. we had release from the five and ten-year bond offerings. durable goods, transportation, i think it is good to see moves? individual names and you ll time highs in consumer names. talking about kellogg, hershey, clorox, delphi automotive. some strategists remain long-term bullish. kenny and bob, do you think that some of the fear of losing money from investors is now dissipating a little bit? now that the switch is to, i don t want to miss out on making some money, it is a subtle change of wording but it is a big change in psychology. i think there is new money coming into the market. in the last several weeks, you can see the volume sort of commanding a little bit. it is noted here on the floor. we ve been stronger in the last few days. i think today will be lower than in the prior few days. but on the down side, tuesday, big volume on the upside and today we get descent volume, above normal. and we are stuck here at 1510 s , which is the range we have been talking about on the upside. i don t think there is much higher for the moment just until we see what happens in the next 72 hours. meaning washington? meaning sequester, what will happen. so i think this is the upper range. just for tomorrow. thanks, guys. thanks, josh. ty, over to you. to apple folks, with the stock down 15% so far this year. ceo tim cook is meeting with shareholders to discuss the growth outlook for the company. apple s 137 million cash, also a major topic of discussion. john fortt is live at apple headquarters in cupertino, california. john? turned out to be a love fest from shareholder perspective. tim cook made it clear that apple was not going to say anything more about returning money to shareholders. many here seem to like it. let s go through some of what he had to say. it was interesting to see calpers and others rally behind management in its take on the einhorn versus apple battle over handling of preferred shares. apple saying they want shareholders to be able to vote on any issuance of preferred shares. einhorn didn t like the way that was bundled into proposal number two which ended up not coming up for a vote because the court said it couldn t come up for a vote. dissident voices coming in support of apple management here. einhorn was not here. going down some of the votes, entire board looking to be re-elected based on preliminary vote count. human rights proposal, someone proposing the board have a special human rights committee. that was voted down. which apple wanted. there was a proposal that executives be rider to hold a third of their stock until retirement age. that was also voted down. shareholders questions ran the range. some even asked why there are no bathrooms on the third street store in southern california. an lot of pressure on them today. thank you very much, j jon fortt. hi, seema. hi, sue. we are up on the day following through bear nanky s comments on the fed monetary policy. in response traders seem to use the risk on approach to trading. a lot of volatility in shares of apple as jonfortt was just mentioning. we are seeing shares of apple done on the day. also take a look at one sector on a tear, on-line travel players. priceline reporting better than expected earnings. ceo jeffrey boyd speaking here on power lunch about the firm s strong domestic and international presence. its peers also getting a bit in today s trade within biotech, take a look at vertex pharmaceuticals. a cystic fibrosis fatal drug, projecting cystic fibrosis to become a $4 billion opportunity by 2020. sue? thank you, seema. the stock markets giving bonds a lot of competition today. rick santelli is tracking action at cme. hi, ricky. auctions are over, sue and stock mark set coming back like it did yesterday. and all of that of course is keeping treasuries at least for moment, a little higher than they were in yield, little over price earlier in the session. look at the chart of 10s and 30s. if it was an ekg, you would think the patient was in a deep sleep. definitely improving and we have been talking about this the last couple of days, if treasuries improve while yields move down. appetite for yield is growing again. if you look at the euro, particularly interesting. year to date, right side of the chart and left side are the same. is this where we find a footing to the correction? time will tell, tyler. it s all yours. thank you very much. number of retail stocks helping drive today s session. target moving lower after disappointing wall street. company saying february sales have been softer than expected. coach, though, moving the other direction. higher on speck lace that the company could, underscore, could, put itself up for sales. dollar tree hitting the high after better than expected fourth quarter earnings. sue? ty, we have a barn-burner. dow hit the high of the day. we will have more on the markets in just a minute. plus king of reality tv, mark burnett unveiling his next big idea. plus, one food stock rallying big time right now. well name those names. as we head out, a look at the big name tech with the likes of microsoft leading the way up 1.75%. [ male announcer ] it was designed to escape the ordinary. it feels like it can escape gravity. the 2013 c-class coupe. starting at $37,800. starting at $37,800. no two people have the same financial goals. pnc works with you to understand yours and help plan for your retirement. visit a branch or call now for your personal retirement review. and coming up on street signs. the wind beneath the market s wings again. bill gross will be on the show and he has a warning for us. also we have all of the headlines coming out of apple and are you too busy to shop or put together an outfit? we will talk it cake style. they send your whole look to your door. really interesting story. all these things coming up at the top of the hour. mandy, thank you very much. somehow appropriately, flowers foods, a company named flowers, set to buy hostesses bread band, including wonder bread. price tag, $360 million. deal is still subject to approval by a bankruptcy court. let s look at flowers foods. they are higher, shares are, by 1.47 at 29.16. sue? ty, as you know, mark burnett is tv s most prominent creator of reality shows. a net worth forbs pegs as 55 million, one of the most successful as well. these are everyday names we know now. survivor, apprentice, shark tank and the voice. are you smarter than a fifth grader and nbc s the voice. now putting the mitas to a new mini series, the bible. it is an amazing epic. joining us power lunch. thanks for being here. a pleasure to be here. i want to start with a broader topic. that is tv in general. the future of traditional television. with technology moving wait it is now, there are all of these devices coming to market that will allow people to skip through commercials, completely. or eliminate them completely, like hopper. how do you think traditional television has to change to accommodate that and perhaps more importantly can traditional television survive? first of all, it is really happening of course. i have three teenagers and they often watch shows dvr and an entire series at one time sometimes. but in the end, more people are watching television than ever. they are watching it in different ways. so story, story, story is what you ve always got to remember. it is a matter of creators in the television studios to think of new ways to mon advertise and the bible, one of two things you do. either you have to have an event that someone watches live at that moment, like the voice for example. you need to watch that at the moment. or something you watch later and repeat on dvd. i think a bible series is both. it is an event, huge event and also dvds. if i could go back to your comment of just a few moments ago, because you said, television executives need to adapt to that and come up with ways to solve the solution. like what? how do they do that? how do they continue to monitize their product in the way you just described for us. dvd sales are up in a huge way. if stories that are good and if it has a global translation so that it is sold in hundred of countries around the world, and people buy the dvd, it is a great business. hollywood adapts all the time. in the end, american creative product is seen around the world more than any other country s creative product. it is healthier than ever. right, right. when let me turn you to the bible. what made you want it take on this particular topic? this is an epic. it will run through holy week and culminating on easter. why did you decide it take this on? the bible is of course the greatest story ever told. and it hasn t really ever been done genesis through revelation, my wife and i just produced and done it that way. we showed our kids a few years ago the ten commandments. which we grew up loving. and our kids rolled their eyes at the red sea parting. the cgi is outdated to them. they are used to the hobbit and lord of the rings. our kids took it to school and screened part in their high school. the for teenagers to do it, it must be cool to teenagers. if you can impress the teen agers, it must be. one of the bigger project you have undertaken and it is different from other reality tv shows you have done before. how much of a challenge was it compared to other programs you ve produced? production wise, it is no bigger than the other giant productions we do. it is the seriousness of it. we hired teams of thee loathiol and pastors. it will air over five sundays beginning this week. we have proo provided it to churches a went we have offered it to 80,000 churches for curriculum. thank you, mark, for your time. the bible , begins sunday on the history channel. i m waiting to see if cee lo green will play moses. i don t know. for the third day in a row, triple digit moves. above 14,000 once again, nasdaq and s&p higher, substantially, by more than 1% today. more markets after the break. and let s talk about a really important story. watered down budweiser. an highser hit with a lawsuit. we will talk about watery beer. [ male announcer ] any technology not moving forward is moving backward. [ engine turns over, tires squeal ] and you ll find advanced safety technology like an available heads-up display on the 2013 lexus gs. there s no going back. deere raising its dividend. deere right new up 1.25%. bob pisani is back. market s holding up well. find that spread. declining stocks, volume is good. be as strong as last two days but good today. we have a lot of talk about the durable goods numbers and that s really moving the market. yes an economic number moved the market and transports on the upsides of potential good news for kansas city moving independently of that. all others are moving to the upside. important thing is while durable goods, defense and aerospace, take a look at major sectors. financials all on the upside. thank you, mr. pisani. ty, up to you. sue, grab some buds. or maybe not. class action lawsuit accusing the watering down of beer, including bud ribudweiser. what is going on? class action lawsuit in california followed by pennsylvania and new jersey and others to follow. each one seeking at least $5 million. claim is that they knowingly added water to beer making its printed alcohol content claims inaccurate. the california lawsuit says among other things, quote, ab s claims are false in every instance and are based on uniform can corporate policy of overstating the amount of alcohol in each of ab s product. ten brands in all are included, including budweiser, bud light, michelob and i thought michelob ultra was mainly water anyway. they say our beers are in kulful compliance with labelling laws. we reached out for comment but have not heard back. the same day they reported earnings, profit is down year over year but volume in the u.s. is up for the first time since the merger in 2008. that s the key. even if lawsuits go nowhere, what does this do to sales? 40% of profit and third of overall sales come from the united states, just when they are turning around here in post recession u.s. this could be something that has an impact on that progress. and tyler, the lawyer on the case be will be on closing bell. we will get more from him later. i will be in st. louis this weekend doing up close research. top beer brand on the wall. number five s brazil skull. corona more than 30 million barrels sold. budweiser is number 3. they claim 5% alcohol by volume. number one brand of beer in the w0r8, chinese, snow beer. 50.8 million barrels. sue? wow, who knew. what do you do after you buy a hawaiian island? how about buy the airline that gets you there? we will talk about that next. at a dry cleaner, we replaced people with a machine. what? customers didn t like it. so why do banks do it? hello? hello?! if your bank doesn t let you talk to a real person 24/7, you need an ally. hello? ally bank. money needs an ally. 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operate and, working to nurture new ventures. we offer expertise and tailor solutions in a wide range of industries. what can we do for you? long lines of refugees waiting for a chance to apply for asylum in greece. we slept in the stores because the police came to look for us every day. world leaders deny there is a global currency war. are all the major powers secretly devaluing? inventors often are not rewarded. people who are supposed to run our innovation units treat me like dirt. when it comes to refugees and migrants, agrees is the front door of europe. at one point, 300 people a day were crossing greece s border with turkey illegally. on mass roundup was 70,000 people picked up off the streets in six months. these are the figures, but behind them, he minute stories. we have one man s account of his journeys through the system. this was the biggest textile factory in greece. today, it lies abandoned and is famous for something else. felt here a year ago, hundreds of migrants were squatting in the factory, desperate to get out of a greece. it does not feel like europe. this is no europe. my guide was this man. a moroccan living in the factory. place,en, as we left the i never expected to see him again. today, at the factory looks quiet, deserted. there has been a big police roundup of the migrants and the whole place looks empty. the men whopened to lived here? to luck and facebook, i am about to find out. muhammed, the man who took me in here a year ago, has tracked me down from inside a prison cell. now he wants to tell his story. the story of one man on a journey from africa to europe via a country in crisis. how did so many men end up living in that factory? not find anywhere else tuesday. the factory was empty, so we started going in there to sleep. we slept in the sewers because the police came to look for us every day. the mice and rats used to run over us. life in the abandoned factory was sent to end. two months after we filmed there, it came under attack by local people and busloads of protesters from the far right party. only the right police stood between them and the migrants. they hit people. we thought, if they find one of us, they will kill us because they are fascists. my friends were afraid, but immigrants did not understand what is going on around them. they only have one thing on their mind, and that is to leave the greece. with hostility to the migrants growing, the government launched a sustained police operation to find and detain those with no right to be year. it is called operation and this is how it works. the greek police have given us access to an operation raid into one of the main squares of athens. the police invited us along on condition we must invited us all along. this man has the vital pink card saying he has claimed asylum. it is only a photocopy. one of the poorest areas in athens, the wider impact is to create tension. this is why many migrants choose to stay at home as much as possible. why is he being stopped? he tells me he is from bangladesh and he has been here eight months and lives nearby. 77,000ice have detained people like this in the past six months. and sent 4000 to detention centers to await deportation. mohammed was one of them. asleep when they came. 20 or 30 policeman to pick up five migrants. they take you to the police station and then the court and a transfer you directly to the camp. there was no hearing? there was no justice. i did not understand anything. why? they took him to a detention center, a former military camp. death or the fatherland says the far right graffiti on the wall. this is the camp where mohammed was taken. filming is technically not allowed. up idea was by rounding immigrants and detaining them in the things in places like that, it would deter others. no journalists have been allowed to film inside, but while mohammed was there, of visitors secretly took these shots. a visitors secretly took the shots. the conditions are very bad. the meals are not good. no blankets, and no hot showers, only cold water. awent to months without shower. they played with our state of mind. we started a hunger strike, but it was ended because they hit us. they did not lead us continue. let us continue. the impact of the operation was clear. many people are not coming as openly as they used to because they are afraid greek authorities are trying to leave a message. the messages, do not come here, you are not welcome. if that is the message, it is not getting through. these ferry boats to italy and beyond are like a magnet to illegal migrants trying to enter the rest of europe and to the criminal gangs to take them there. back at the factory, it did not take long for him to help us find the men still living there legally. out, theabout to find numbers are being swelled by new conflicts. where are you from? syria. syria? where are you from and syria? aleppo. because of the war? what about this guy? where are you from? algeria. how long have you been here? eight or nine months. where do you want to get to? the men who sleep. sleep here timetable byry heart. the police raid almost every night. it is nearly time for that moment now, so it is time to leave. every migrant has a different story. muhammed is a berber with the degree. he left a mark morocco because he wants to live a secular life style there and claims he cannot. it took 4.5 hours of flying from the morocco to turkey. from turkey, he made four attempts to cross the river into northern greece. there were me and some afghans in about. after 10 minutes, the boat capsized. we had to swim for it. the boat turned over? not of the afghans could swim and they drowned. we have no way of verifying that claim. now, he is in limbo. his asylum claim entitled him to stay in greece. for one organization us to help people. only give one appointment per week. we have a list of hundreds of people. one employment per week is like nothing. it is almost impossible to claim asylum. here is why. in athens, every friday night, accused of migrants form spread some of these men have been here since wednesday. only at this one place in the city can you actually claim asylum. the police take only 20 claims a week. this selection process has been described as arbitrary. the police say it has improved. we were ordered to leave before it took place. queuing andrants 200 lead and once per week, that is a one in 10 chance. it does not stop people from coming. we ask to speak to the minister and to the police spokesperson about the allegations of mistreatment. at about the deficiencies of the system. the greek government declined our request. the director they directed us to speak to this woman, the head of the new asylum service. 2011, the greek government it pledged to change. it is two years on from the judgment and still we find out, 300 asylum seekers in the freezing cold lying on the ground, 20 people only selected. that cannot be right. said, this is one of the problems. we are gearing up for that. we are recruiting many people. we expect to have up boards of 250 new staff members for the asylum service. this is a very big investment. for muhammed and things like him, she has this message. they may have to be in any legal situation for years and years and years. and an illegal situation for years and years and years. thencrease seems to have illusion that the harsher we treatment greece s seems to have the illusion that a harsher we treat them, the more likely it was that we stop a stop. mohamad has now moved to this abandoned farm house. after our first interview, he was again detained by the police. he told me the police said his clothes were too new. it was only for one night, but he and his friends did their best to stay out of sight and out of trouble. you were sleeping there? all four of you sleep there? the others are sleeping there. why do so many men choose to live in conditions like this? it is a hard life. always in insecure why? it is because we have an objective. we do not stay here just to kill time. whether it is here on the road, our objective is to leave. there is no chance they can stop the flow of migrants into europe. know. no. it is a hope, it is an objective. europe is a paradise. you have to reach it. that is one man s story. he told me some of those i met in a factory have already made it to northern europe. the possibility of getting there that makes men like muhammed keep on coming. though he is biding his time, northern europe is where he intends to finish up. the war that is apparently not going on. global leaders have agreed islicly that a currency war not happening. in a week that saw the pound sank to a 2.5-year low against the dollar, there is a concern that there are signs of a secret currency battle. here is paul mason with a currency war for dummies. questions of our times, how many arrowheads you did four- wheel bone? whale bone?t for a in the 1930 s, they were assessed with funny money for our reason. exchange rates are in issue again. if you ask the most powerful people in the world, are we about to enter a currency war? it is a good question. we know the answer is no because they say so. they said at the g-20 this weekend. we will refrain from competitive devaluation. we will not target our exchange rates for competitive purposes. but they are being sorely tempted and here is why. perhaps if we go back to 2009, many countries had plans to have large increases in exports. the increase in exports were something which could not be achieved. that, overences of time, those exports plans have not come to fruition. people have started to think they might need to double up on their export plans. they want to depreciate their currencies. here is an economist to explain my currency boards are bad. nobody can win. one country expand its money supply, drives its currency down. in another country does the same thing. it is a zero sum game. in the end, what would be happening is a lot more money being pumped into the world economy, which has inflationary consequences. some people think the currency war has kicked off. japan is accused of manipulating its currency down to boost exports. here is the evidence the japanese yen against the u.s. dollar since lehman brothers collapsed. the yen has been high, but now it is rapidly collapsing. the problem with a currency war, even without declaring one, by taking certain actions, you can make others countries feel they re being attacked. one thing the emerging inntry are putting blockages the way of additional currency of appreciation of their exchange rates. brazil has done that. china intervenes in the currency markets. switzerland puts a cap on its rate. they re trying to defend themselves. each of those distortions in the market forces action somewhere else. it is a dangerous situation. if we do get into a currency ar, the united kingdom sterling fell by 20%. the bank of england was pleased by that. here is the thing, sterling is falling again. why? sterling is falling because it is likely to lose its aaa rating%. a rating soon. the bank of england is likely to print more money. it is likely to be undesirable from an international investor perspective. the general economic outlook is poor. beads have always been used for money. this is the currency from the north american indian. are reassuring picture emerges. by printing money, countries are trying to boost their own economies. there is no currency war. any resemblance is purely accidental. comes to winning nobel prizes, the u.k., second only to the united states. this country s reputation for genius has been undermined by the failure to make money for many of these great ideas. are the potential solution, a new patent court was set up this week working for the eu. one longtimee campaigner is the creator of the radio. he revealed he may have to sell up his home in london, a place that is his invention headquarters. this is in the guinness book of records. have devices inside there. when you put your foot down, every time you do that, a little tweak of electricity comes through. it is injected into your mobile phone battery. i call myself an inventor. this workshop is where it all began. the is a graveyard of thousand domestic appliances. i am known for making the clockwork radio. that is how i wound up. i was watching the program about the spread of hiv aids in africa. the only way they could stop this disease was through radio. there was a problem. most people in africa did not have electricity. the only other form of electricity was in the form of batteries. i am thinking to myself, all those years ago, i could see myself with an old-fashioned gramophone. wound this thing up this thing up. it produces the volume of sound. there must be enough energy in the spring. it would drive a radio. i ve only got one arm. that goes there. top you canhe undo the top. that doesn t for you. here we are. everybody is doing their own version of a windup radio. is circumnavigates your invention. .he handled turns this way they can play very dodgy maneuvers in order to claim to be theirs. there is is utterly different. if i point that towards the camera, the sign looks at you. we re not talking about high tech, we re talking about low- tech. you only got to look back through time, the united kingdom, the golden age of steam engines, they went all around the world. there are so many other things that we have created an done over the years. we are great at inventing. the people that are supposed to run our innovation in units or look after the inventors treat me like dirt. in other words, did not invent. have all the not skills we need to bring a product to market. you have to appreciate that some people have the most amazing ability to change all their life socially and commercially. we ve all got paper clips, right? how many of us know who made this paper clip? these people that change all of our lives, we do not even know who they are. which is disgusting. we have to encourage this nation to literally get off its backside and have a go and we we willmake sure that stand behind the lone inventor. the most important thing is the british economy does not suffer as a result of it. is not kicked out of the equation. if we do it that way and we make the theft a white-collar crime, it could be and everybody when situation. we have to have the patent system to be a universal thing. we did not want to go to a country, and they say sorry, made, we do not do it this way. that is all far this week. that is all for this week. from all of us, goodbye. funding of this presentation is made possible by the freeman foundation of new york, stowe, vermont, and honolulu. newman s own foundation. union bank. at union bank, our relationship managers work hard use their expertise to guide to the business strategies and opportunities of international commerce. we pledge our extended global network to work for a wide range of companies from small businesses to major corporations. what can we do for you?
his hands but george zimmerman will forever have trayvon martin s blood on his. heather: dramatic moments during final arguments as both sides leave the jury with plenty to think about as they deliberate george zimmerman s fate. and theatrics. jury watched as mark o mara dragged a huge chunk of increment and prosecutors wrestled a dummy. how much do visual aids like these help? let s bring in mary ellen o toole. i want to ask you about the importance of closing arguments in and of themselves. the closing arguments are very important but they are not evidence. what i heard and what i think is important is that, there are multiple motives in any violent crime. these motives can change over time. the intent and emotion are not the same so someone can say harsh words but the emotions they are feeling may be very different. to me that becomes very speculative and that really was an issue in both closing arguments. heather: what should the ultimate goal of the closing argument be towards those jurors? i think what you want the jurors to be able to do is as little as speculation as possible. it really does become the forensic evidence, the circumstantial evidence and then the behavioral evidence. if people are left to do too much speculation on their own or pull in their basic knowledge which unfortunately comes from the fact we have tv programs, they will be left trying to fill in those holes. that becomes an issue for every criminal trial. for me that was a concern here. heather: we saw the cutouts of george zimmerman and trayvon martin differentiating between the heights, we saw the piece of concrete. none of that was actual evidence in the trial, but the jurors see it and it s in their minds as they go into their deliberations? they do see it and they hear it but what is important every human being is very different. you have some people on the jury who are more visible. you have some who are more auditory. not knowing what the background of these jurors, they can interpret that differently. there may be some, enough already, the man on the floor with a did you mean any. it s lept left up the individual interpretation of the juror but we have to be careful when we are dealing with the general public, foundation of finishing and how they may interpreting it, i am a little bit too over the top. in. which goes back to knowing the jurors are and knowing their background when they were chosen. who do you think in your opinion has done a better job so far in terms of closing arguments and in terms of the evidence as we await jury deliberations? i thought that the evidence, stronger evidence which for me is the forensic evidence was presented by the defense. i look at only the levels of evidence, forensic, circumstantial and behavioral. some of the evidence like eyewitness and ear witnessed, completely unreliable testimony. so i thought overall in my opinion it was best presented by the defense. heather: unreliable, in so much as it hurt their cases? it certainly can. eyewitness and ear witnessed is notoriously unreliable. when people of witnessing a violent crime it s very upsetting. it can impact people very differently. some people see things that really didn t occur. other people fill in the homes. that interpretation affects what they saw and what they think they saw or heard or what they think they heard. so that is why the focus in today s 2013 trials needs to month to more on the forensic evidence, the cold, hard, laboratory evidence. these other types of evidence are notoriously not reliable. heather: mary ellen, we appreciate your insight as we awaited to hear what the jury s decision is. gregg: a look at other high profile murder trials. jury deliberations in the cases of casey anthony, o.j. simpson and scott peterson lasted from just hours to a full week. do these tell us anything what is happening inside the zimmerman jury room? will carl? when it comes to the deliberations, short, long, does it really matter. do they have an impact? when you look at some of those recent case, take jodi arias, that trial lasted for five months and in the end, the jury took 16 and a half hours to convict her of killing travis alexander. it took nine hours to convicted conrad murray for michael jackson s death. murray was jackson s personal doctor. in another case, jury took a fuel week and seven days to convict scott peterson of murdering his wife. one thing was clear when it came to all those juries and in fact the jury in the zimmerman case, that nothing is clear at all. anything can happen. anybody tells you they know how this jury is thinking or what they are doing is making it up. there is no way to tell. just because they are sequestered doesn t mean they are going to come back fast. one jury that did come back fast was o.j. simpson s trial, took about four hours. they came back with a not guilty verdict which goes to show which you never know. gregg: those are important words. will, thanks very much. heather: preparations underway as we await the verdict in the zimmerman trial. emotions are running high. we will take a look at what law enforcement is doing to make sure that everything remains calm. if it was trayvon martin who had shot and killed george zimmerman, what would your verdict be? 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[ doctor ] enbrel, the number one biologic medicine prescribed by rheumatologists. ladies and gentlemen, it s time for all of us, we re not sure what the verdict is going to bring out. but at the same time it s a great opportunity for evolution within the sanford community. the police chief reminding everyone in the community to remain peace fpl as we await the verdict in the george zimmerman trial. elsewhere law enforcement officials are calling for calm in anticipation what could be an emotional retoobh jury s findings. a former swatted commander and former homicide supervisor joins us now to bring us more insight. thank you for joining us. thank you for inviting me on. heather: you have experience in this arena so what do you anticipate what is going to happen after this verdict comes in? one thing i do know law enforcement will be prepared. they have contingency plans for everything. then i really believe that the general public, law abiding people have made a decision sometime ago whether or not zimmerman was victim or trayvon martin was the victim. a majority of those people haven t really watched the trial and know the facts. you are not going to change their minds. we have to make sure they don t get caught up in the hype by the instigateders, ones trying to create havoc for a personal gain whether it is stealing or creating havoc. heather: i want to ask you about the preparations and what will happen once a verdict does come in in terms of what law enforcement will do. they appear to have tried maybe get ahead of this a little bit. you heard the police chief there speaking. we also have the brother ward county sheriff s office and they produced tsa, raise your voice. they talk about remind people freedom of expression is a constitutional right but taking unlawful action is not. do these types of steps assist after the fact when or if violence were to occur? does this maybe make people to second degrees any action they would take or does this, in fact, put it into their mind to begin with if they weren t thinking about doing something? i think it s more in the positive. the sheriff scott israel put this together in brother ward county. it remind the general public, there are people that will try to draft them into creating havoc in the community. warning them, use common sense and stay out of it. you are entitled to your opinion and entitled to protest as long as it is donely. it s always a small majority that creates the problem for the community. heather: then the rest gets swept in with the hype. what steps will law enforcement take once the verdict is announced? right now, they are on call. all leaves have been cancelled. they when the verdict comes out, they will go on a shift which is 12 hours on and 12 hours off. they have set up command posts. they have assisted put in place for mass arrests if it is necessary. incarceration and they have the field force already prepared. so everything is prepared god forbid there is civil unrest. i think the chiefs of police did a pro-active in doing these public service announcements and the units going out and interacting with members of gangs and trying to obtain information, think that is all very pro-active on law enforcement and got to be effective. heather: we appreciate your insight. let s hope that any protests or opinions people have they voice it peacefully. thank you. thank you. gregg: as we await a verdict in the george zimmerman murder trial. we ll take a closer look at the six women jurors deciding his fate, their backgrounds and why both the state and defense wanted an all female panel. almost wish, i never said this in a criminal trial, i almost wished that the verdict has guilty, not guilty and completely innocent because i would ask you to check that one check the innocent. [ male announcer ] this is betsy. her long day of pick ups and drop offs begins with arthritis pain. and a choice. take up to 6 tylenol in a day or just 2 aleve for all day relief. all aboard. all your imptant legal matters in just minutes. protect youramily. and launch your dreams. at legalzoom.com we put the law on your side. joining me to talk about is susan constantine. susan, a lot of people have speculated about gender in this case. does it matter? do these women all six of them, bring certain life experiences that would be different than men? there are, not for the defense. i was really shocked that the defense had not really struck some women and got more men. absolutely, they bring life experiences, here are six women. five of them have kids. you can t tell me that some of their emotional connection with their children are not going to be taken into deliberation. so i think the fact, yeah, there are five women. gregg: you think that helps in the prosecution even though the defense with a jury consultant was okay with six women. two of the women are connected to lawyers. one has a son as a lawyer. another has a husband who is a lawyer. my mom had both. i always lot she learned a lot about the law because of it, it affected the way she approached things. what about that in this case? well, one of them i think it s more analytical but the other one isn t. and the other one caretaker, she has 16 pets. that is what she does for her friend. even listening to her during voir dire but she was tend to go be sympathetic. you are right. if they were analytical. gregg: i want to talk to you about the lawyers and their closing arguments. i want to play a clip, it s always a great advantage for prosecutors when they get the last word. john for the prosecution delivered what great many people regard as a dramatic, if not, overly dramatic, that s who dunnif. but a dramatic powerful closing argument. take a listen. to the living, we owe respect. but to the dead, we owe the tru truth. what do we owe trayvon martin? 16 years and 21 days forever. he was a son. he was a brother. he was a friend and the last thing he did on this earth was try to get home. you know, susan, some people you know,as very, very eople moving and powerful and others kind of said, eh, it was over the top. he kind of employed a bunch of hacknied maxims and trite quotation, including thomas jefferson. your thoughts? reporter: okay. first of all, let s look to the jury, there is kinesthetic and auditory and the fact that they re women and the impact of his hand gestures, his pausing, his silent moments and i tell you what, his good looks certainly don t hurt. you know, he was very impactful. wait a minute. wait a minute, susan, you are telling me, a, women are more emotional than men and you are telling me that they ll be influenced by his good looks? reporter: sorry. but, yes. i mean, really. which wife right now would be very, very upset to hear that sort of thing. reporter: sorry. i want to play some video and you saw this because you were inside the courtroom. mark o mara, the defense attorney, he employed all kind of visual aids and good lawyers do that and here he is carrying right in front of the jury box a huge and heavy block of cement and he said, don t be fooled, ladies and gentlemen of the jury, skittles wasn t the weapon that trayvon martin was trying to harm or kill my client with. no. it was concrete and it can be a deadly weapon. what do you think about that visual aid? reporter: wolf. 61% of all jurors are visual. the more visual aids and visual impact is going to lead a visual imprint into their minds during deliberations. very impactful. i thought he did an excellent job. susan constantine. i appreciate it very much. you were inside the courtroom for much of this trial and some of the closing arguments. i appreciate your insights. thank you. . i wonder if she believes a man juror would be swayed by an attractive female attorney? you know, i bet equally. i should have asked that question. i would be interested the to know. okay. i should have thought of that. well, stay with fox news as we try to keep a close eye on the jurors deliberating the fate of george zimmerman. judge janine piro at the courthouse. wish i saw mine more often, but they live so far away. i ve been thinking about moving in with my daughter and her family. it s been pretty tough since jack passed away. it s a good thing you had life insurance through the colonial penn program. you re right. it was affordable, and we were guaranteed acceptance. guaranteed acceptance? 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go call now! we ll finish up here. . this is a fox news alert. we are live in sanford, florida. waiting for the verdict in the murder trial of george zimmerman. we are now outside the seminole county criminal justice center where the six women who make up the jury in the george zimmerman trial continue to deliberate. they are now in their 10th hour of the verdict t. jury could come down at any moment. when it does, we ll take you right to the
at union bank, our relationship managers work hard to know your business. offering specialized solutions in the capital to help you meet your growth objectives. we offer expertise and tailored solutions for small businesses and major corporations. what can we do for you? and now, bbc world news. hello, everyone. you are watching bbc news. hopes for a great partnership in the 21st century, david cameron arrived in the hopes for it arrived for the beginning of a three day tour. britain is one of the largest investors in india. i think the basis for that special relationship is there. back in town, hugo chavez announces his plans for the future of the country after cancer surgery. london fashion week is now in full swing. we will be seeing what is in this year. hello, welcome. david cameron says that the u.k. can forge one of the great partnerships of the 21st century with india. this is his hope as he begins his trade mission. john joins us live from mumbai. there he is. what kind of a profile is this? david cameron is hoping that he would get a high-profile welcome to the gateway of india behind me. there hoping that this will be a huge increase in british trade. even the chief executive. david cameron has a clear mission, he wants to double the trade that takes place between britain and india but point to 15. that is what this is huge cast of characters already in talks with business groups throughout all sectors. from retail to banking, they are hoping to do some business while they re here. it is no more than two years since david cameron was last in india. while his task remains the same, the drumbeat is growing by an urgency. the prime minister is on track to double his trade with india by 2016. that is still less than how much belgium trades here. downing street, he says, is the largest boat largest abroad excursion. as far as i am concerned, the sky s the limit. to do that, he said, india would have to start opening up more of its markets, particularly in banking and insurance. it has been no more than 120 years since this company first sold its first barroso to the indians in mumbai. this is exactly the kind of experience the prime minister wants to see replicated across india. small british companies coming here and selling to india, expanding. to the people he promised easier access to britain with a one day fast track and no limits on student numbers, which has which have fallen. net immigration has fallen by 1/4 under our government. we want to see indian university students. you say you want a special relationship with india, but does india want a special relationship with india? half of the investment from europe goes to britain, and we are the largest investor in britain in india. he says he wants britain to have a great partnership with india in the 21st century. with delhi delaying british helicopter deals, it is a relationship that still needs some work. i am joined now by the chief executive of the premier league. welcome, this is a cricket match country. what are you doing here? football is the fastest- growing sport in india. they are really starting to take at on and the premier league is of ever more interest to the people here. you can see it on their tv channels over the weekend. premier league football is a global brand now, is it not? hundreds of millions of homes. we have watched the interest here grow exponentially. we just concluded our deal for the next three years. exponential growth as an audience is increasing. you are seeing a lot of kids with a cricket bat and whenever they can find. what are you doing to bring football to india? we have it operating for years. the british council is running throughout the major cities. we re working with the police on a program that is a replication of our domestic program, kick, taking disadvantaged young and at risk people and forwarding to referee and coaching programs. there is a lot going on the ground. one of the things becoming clear about this visit is the extent to which there is corruption in in the life. we have also seen corruption in football recently, all of these games that have been fixed. that must be a major worry for your brand. there are reports that say this is a wake-up call. we are not being complacent about this. for 15 years we have been working with industry across the european markets. we have two systems in place for identifying patterns. what you have to do is make the market legit make the market plunge make the law make the market legitimate. we would want more countries across the world to legalize betting, then you can control it. paying match officials at appropriate sum of money for the job, there is a lot you can do. we understand the threat. one of the reasons the premier league is as popular as it is a run world is the leadership, it must be protected at all costs. mumbai is an extraordinary city. what is it? a city for the hungry entrepreneur? or is it a city a la whatever, just plain hungry? one of the most vibrant and overcrowded cities on earth, mumbai would be right up there. the contrasts and contradictions are striking. 30 years old, a businessman, thinking about rating. we went out for a test drive. the front of this car looking the way that it does with the lights, it feels like moses, to be honest. everyone just moves the side. you feel you want to continue to accelerate. not everyone is able to live in the fast lane. all cities have their divisions between rich and poor, but rarely do you see it in such an extreme force as in mumbai. in this slum there is no running water, sewage runs down the alley way, there is great overcrowding. this is nothing like as bad as it gets. where do you wash? this woman showed me around her house. this small room, i guess it is about 3 meters by 3 meters, is home to five people. who lives here? you live here with your children? the husband and your mother-in- law? how do you fit? it is very small. she tells me it is a tight squeeze. that they put mats on the floor and somehow they manage. i want to know what job you want to do when you grow up. flying. an airplane. you? engineer. ok, very good. you? teacher. you want to become a teacher as well? once upon a time these would have been dismissed as impossible dreams. though there is a long way to go, there is a growing belief that in an increasingly prosperous india, anything is possible. that is why you re seeing so many people flocking to india to do deals. the french president was here a few days ago. there are some interesting issues that they have to grapple with as well. the issue of corruption. the indians are unhappy on the way the system operates in britain. there is also the trade protectionism, opening up the markets. that jaguar land rover that you saw sells for twice the price in india as in the u.k. because of the taxes on what are seen of luxury goods. there is a long way to go before david cameron achieves everything he wants, but he believes that this trip will at least be a starting point. here in mumbai, back to you in the studio. listening to those lovely kids, i was hoping there would said they wanted to be a journalist. the next john. who would want to be a journalist? we would we will be speaking to you more later on. thank you very much. hugo chavez has said on his twitter account that he has returned to venezuela. this message comes three days after the venezuelan government released the first photographs showing him since he was operated on in havana, cuba, december of last year. his fourth operation for cancer, first diagnosed in mid-2011. that twitter message to his 3.9 million followers are characteristically bombastic. we have arrived back in the land of venezuela. thank you, lord. thanks to my beloved people we will continue our treatment here and onwards to victory. we will live and we will overcome. the twitter messages made no reference to his health. these pictures of him in a hospital were taken on friday and were the only photographs released during two months of cancer treatments. the minister of information took to state tv to announce the return of hugo chavez. he is back, he is back, bravo. we are very happy to be able to share this joyous news. but he did not seem to have any information about whether the president is fit enough to run the country. the opposition demanding that the government be more open about the help of hugo chavez. there needs to be an immediate end to the allies from the government. they need to tell the truth, be transparent, and go before the television camera every day telling the truth to the people. they have insisted that an election will be taking place. for now the venezuelan government insists that he remains in charge. being described as one of the worst attacks of expatriate workers in northern iraq northern nigeria in recent times. foreign workers have been abducted. italian, filipino, british, greek, and lebanese workers are among those who have been abducted. nigerian security officials say they are investigating the situation, investigating the case to find out who is behind this, tracking down the attackers and the hostages. there are different nationalities amongst those kidnapped from the construction company. they have yet to confirm that britain was a lot that a british person was amongst those kidnapped. what do we know the possible motives amongst of doctors? kidnapping is frequent in nigeria, though more often in the south of the country. is this a typical case? , manythe niger delta o wealthy nigerians have been adopted. these ran summers feel they can make a lot of money from it. in the north it is a different ball game. these are islamist extremist groups kidnapping people. there recently kidnapped a french national because of their opposition to the french intervention in mali. these groups seem to have different motives for why they kidnap people. and now with some troubling news from the airline industry, alice. absolutely, good to see you. that is right, we begin by talking about a spanish airline. the workers there will begin a five day strike at midnight on monday. staff, including baggage handlers, planning to hold 35 they protests over management plans to cut over 4000 jobs and reduce salaries. cutting over 1000 operators, various airlines will be grounded because of the lack of handling services at spanish airports. it could cost the economy millions of euros. a decline in consumer spending in europe has hit the world s fourth largest [indiscernible] profits have stalled in their key markets of russia and eastern europe. they say they are now focusing on asia to exhaust their opportunities. like much of the world, the british high street has suffered from huge casualties lately. but now a supermarket chain is hoping to find some success. they have purchased 49 shops from the failed film rental chain, blockbuster, which they will transform and convenience stores. the new franchise is expected to create new jobs. for the moment the managing director describe what was behind the change. the convenience sector, 20 pence on every pound in the u.k. is spent in convenience stores. customers tell us that those convenience stores do not give them fresh products or prices. we thought we could bring morris into a convenience store, offering great and fresh products at great prices. they consider the opportunity to go to high streets and bring back some bustle. the japanese yen has continued its slide against the u.s. dollar today. they were not following a lack of restraint against the japanese authorities. it was thought the central bankers meeting over the weekend were calling for governments to stop taking action to weaken their currencies, but the final communique out of japan is criticism over the recent weakness. let s have a quick look to see how european markets are fairing. as we can see, a mixture across the board. being led lower by weaker mining stocks, all of it being affected by the equities there being closed for presidents day. that is all for me. i will be back with a bit more. thank you very much. the latest headlines from bbc news, david cameron promises to make it easier for indian students to trade and study in the uk as he kicks off his tour of mumbai. hugo chavez from announcing his return to the country after cancer surgery. the bbc has apologized for any disruption that has been caused to the broadcast today as some members of the national union of journalists have walked out in protest against compulsory redundancies. radio and tv output today is being disrupted by a 24-hour journalist write. journalist strike. the broadcasting headquarters, this program among many others was canceled. a protest in of the bbc decision to make compulsory redundancies. staff in scotland are among those at risk. glasgow the amount they mounted a picket line. many programs on the radio five line and the non-news programs elsewhere have continued normally. they are disappointed the bbc had declared their disappointed that the unions have taken strike action and say that industrial action cannot alter the fact that they have significant savings targets and have a need to make significant progress in reducing the need for compulsory redundancies. they say that taking action in belfast and elsewhere to defend jobs in quality journalism. there is an agreement on redeployment. we find ourselves sitting strike action for the future of the bbc. union members walked out at midnight. managers are hoping the strike will end later tonight. london fashion week, a time when the world s top designers the descend on england. for the top brands being exhibited, there is the problem of what to do over the global markets of fake goods. our correspondent has been out and about investigating this most lucrative of trades. more than 1300 shops, the largest collection of designer fashion brands under one roof in the world. 65 people have walked through stores. more than dedicated top and brands, serious cash is needed. this is not the only place they can be gone 225 designer fashions. a bag selling for nearly $1,400 in the mall sells for less fibrin to tell the road. sells for less five minutes down the road. shopkeepers are very happy to show off their goods. the brands are hidden here by police raids and pieces like this to make shopkeepers nervous, they do not take any risk. dubai is cracking down on fakes. we have confiscated goods from people. [indiscernible] decreased by 30%, the quantity and quality. east meets west, something for everyone who comes here. they may have the signs of being a fashion capital and are hoping to crack down. let s take you to really action is happening. lucie, how is it going? london fashion week is in full swing. there are 5000 loggers, buyers, photographers, and crucially models here. let s talk about them. i am joined by the chief at premier model management. i love the action. what is the trade? there is an interesting trend about an ambiguous race. we are looking for models were you cannot quite tell if they are black, indian, moroccan. that is something that we find very exciting to discover. where you go to find those women? london is a fantastic place, such a multi-cultural center. we do travel anywhere. right now we have partnered with an agency in angola because we have never scouted in that area before. is it challenging? it is a challenging issue. i have scouted girls who come from moslem backgrounds, but their families are not interested in supporting them or it is just not something they would do. they have to have quite a liberal background. absolutely. usually the models that we discover our mixed race or have very liberal parents. can you name a couple? [indiscernible] is a model that we represent, amazing, with very liberal parents. it has allowed her to capture a part of the market that is not as competitive. i have seen so many models since i have been here. is there more to come? absolutely, the models love to come here, it is such an amazing city and there is a real buzz of creativity in london that you do not have as much in new york. that is it for me, for now, at fashion week. a quick reminder of our top stories, the british prime minister says that you taken for one of the greatest partnerships of the 21st century with india. bye-bye. funding for this presentation is made possible by the freeman foundation of new york, stowe, vermont, and honolulu. newman s own foundation. union bank. fidelity investments. and united healthcare. with united healthcare, i got help with my life, connection to doctors, and an estimate on the cost so that i would never miss a beat. 78,000 people looking out for 70 million americans. health in numbers. that is united healthcare. your personal economy is made up of the things that matter most, including your career. as those things change, fidelity can help you readjust your retirement plan, rethink how you are invested, and refocus as your career moves forward. wherever you are today, a fidelity ira has a wide range of investment choices that can fit your personal economy. fidelity investments, turn here.