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This is a very different situation than the situation where somebody can flush the drugs down the drain and they are gone instantly and totally. the dispation of alcohol in the blood is slow and gradual and often takes many hours. >> as you noted the driver tested nearly twice the legal limit. the evidence was thrown out because there was no warrant, shep. >> shepard: sometimes, shannon the justices give a clue or hint about how they might rule. how about this one? >> they all seemed very concerned about any chipping away at the fourth amendment's protection against any reasonable searches and...

Democrat the governor of oklahoma republican saying they are worrying about the uncertainty the impact it will have on jobs and impact it will have on state budget. washington will come up with the bright idea of offsetting costs having the costs paid by state governments so bottom line they want to be treated like partners and not like underlings shep? >> more cabinet members have to decide whether they're staying on for the second term, right? >> that's correct. it is a fluid situation but here is the latest. labor secretary ill solis announced president obama called her a critical member of...

Information the ntsb was investigating that crash and this one as well. that's standard procedure. a go team arrived this afternoon. they are preparing to gather what they are calling perishable evidence. >> we are just here to collect information right now. we are not here to conduct analysis. we are not here to speculate. we are not here to determine the probable cause. we're here to find out what happened so that we can prevent it from happening again. >> and the ntsb says it will interview crew members tomorrow and begin collecting, gathering evidence to try and determine the cause of this...

Single person in that theater because that's what they say he wanted to do shep? >> shepard: do we have any idea alicia what to expect on friday? >> if the judge decides this case will go to trial and that's what will likely happen, there will be an arraignment on friday morning. holmes defense team could ask for a continuance continuance if they want to. that could hold things off to a later day. they could address their client's competency or holmes could enter a plea. given all the actions of the defense so far. a lot of the legal analyst in the community are expecting to enter a plea by re...

Oh. no. >> she came out of the attic? >> she shot him a lot. >> now, police say melinda herman shot paul slater five times even hitting him in the face. the mugshot we had was in 2008. he imagined to drive away from the scene despite being shot. he didn't get very far shep. he was bleeding and begging for help. >> i heard a lot of screaming. >> right. >> she is upset. >> no. she was shooting. >> right, right. >> i heard him pleading. he was -- he was screaming. >> now melinda and her children went to a neighbor's home shortly after the incident. all of them were unharmed. shep? >> shepard: eli...