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tv   Studio B With Shepard Smith  FOX News  October 17, 2011 12:00pm-1:00pm PDT

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>>megyn: and the police say the parents are considered suspects and they have retained a lawyer. >>shepard: the news begins anew, in "studio b" the american man jailed in aruba for two months, now, after the travel companion disappeared, asked a court to let him go home and the judge has spoken. and word of a plan in the works to help people who get the late notices that you have gone over your cell phone mileage. and this man is ready to walk out from around the world, 11 years later. why did he walk around the world? and how? that's all ahead unless breaking news changes everything. this is "studio b." but, first from fox at 3:00 in new york a two time indy 500
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champion killed if a fiery 15-car wreck that some called worst thing they have ever seen at the race in las vegas on a track that was too fast and too crowded. 33-year-old wheldon got into trouble when two of the cars touched tires. if seconds several cars were on fire, and debris coughed the tracks, and we are told there was in way for him to avoid the pile up and nowhere to go but flying through the air. the car slammed into the track wall street and burst into flames. rescue workers rushed to the scene but officials say two hours later the native of u.k. was dead. his wife and two young sons were there at time. at track the news came down leaving the friends and fellow race car drivers overcome with emotion. >> we lost one of my best friends, my great teammates ...
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i don't know what to say. >> we put so much pressure on ourselves to win and it is what we love to do and live for but a game like today it doesn't matter. >> he was not only just a great driver but a great human being and always very, very positive, always something good to say about everybody. >>shepard: the day before the wreck he post add blog telling fans as long as i can find speed and keep up with the pack i will do everything i can to put on a show. and now we are covering the story from the west coast. casey, would you go through the concerns of the track. >>reporter: the track in las vegas is shaped like an oval and 1.5 mile long which is a mile shorter than the track at the indianapolis speedway where the indy 500 is held each year and in that case there are 33 cars
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competing to win. there were 34 on the track yesterday. a packed field. and you have to take speed into account. the cars were going more than 220 miles per hour which is just how fast they drive in indianapolis owe a longer course with one less car. some drivers say that left no room for error yesterday. and, brand new reaction coming in to fox news at this hour, his father speaking to reporter as short time ago from london. >> the family would like to thank everyone for their pouring in of sympathy during this difficult time. daniel was born to be a racer and yesterday he was doing what he loved to do. >> he was already considered a legend in the racing industry with 16 of the indy car wins under his belt. >>shepard: the stakes were
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very high for this accomplished driver. >>reporter: much higher for this race. he was competing for a $5 million bonus and as part of a special race promotion he had to start at the back of the field yesterday and he quickly came up through the pack. the 33-year-old was also spoused to sign a brand new contract following the race. he was going to rejoin a team that he won the indianapolis 500 for back in 2005. and three other drivers were hurt, as well. their injuries are not as serious. >>shepard: thank you, casey, from the west coast. and now we bring in a sport illustrated senior writer. the position in the pack was something to which he was not that accustomed and had to make up a lost ground.
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>>reporter: yes, starting 34th he needed to get up to first to win the $5 million bonus and he made up ten positions in the first ten or 11 laps and the wreck that he was involved in, the fatal wreck, started well in front of him and he, they were carrying too much speed, he did not have time to brake and he was one of four cars that went airborne and as a race car driver i have been told so many time the thing you fear is getting up in the air because when you get in a crash you want to dissipate energy as quickly as possible. you do not do that when you are airborne and he went into the spin and hit the wall and it's ... i've been at the magazine 17 years and one of the saddest things i ever covered. >>shepard: and the speed of the track was a discussion
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before this got started. >>reporter: several drivers expressed concern that a big multi-car wreck would transpire because of the congested nature of the race and the fact that the tires were gripping the track so well and the cars generate so much down force the drivers do not have to lit off the gas in las vegas to they keep those 220 to 225 speeds going throughout the 1.45 mile course and unlike in nascar if the car is touched they do not wreck. in indy, if they touch they get out-of-control and that triggers a catastrophic result. >>shepard: you have been cough this for a long time. to what degree are they serious about reevaluating this track and others like it? >>reporter: they very serious about it. i know indy car officials will do a lot of soul-searching. i would be surprised if they go back to las vegas or any oval
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field built for nascar which go slower than the indy cars and they can tolerate being bumped. next year the only oval you will see, i think, is the indianapolis 500. >>shepard: thank you. the only suspect in the disappearance of an american woman in aruba today, lost his latest push for his release. the 50-year-old suspect, gary giordiano who took out an insurance policy on this woman after she went missing. today, a judge in aruba rejected the suspect's appeal for freedom although police have not charged
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him with any crime. and now to phil in south florida. what triggered, phil, the latest part of this? >> last week his old defense attorney filed a motion to have the judge listen to their argument to have the suspect released on bail until he is eventually charged with a crime with a promise to fly back to aruba from his home in maryland. that was denied. he got rid of that attorney and has a new attorney, a defense attorney with the natalee holloway case connection and he represents the two hotel security guards that were initially detained after natalee holloway disappeared before the focus locked down on van der sloot. this is the fourth hearing if a row that the suspect's bid for freedom has failed. >>shepard: has the prosecution indicated when or whether they
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can charge him? there are limits. >>reporter: he is serving the 60-day detention hold which expired at the end of the month and we expect next week, now, this could be another hearing for that and that is where they could either charge him with something. it could be first-degree murder or manslaughter, or the judge could rule to set him free for lack of evidence but there is an additional 30-day hold the prosecution can request to keep him retained but, again, no one has found gardner in a search by foot or ten days ago, a team of cadaver dogs failed to discuss anything. aruba's prosecution is still waiting for handwriting analysis from the f.b.i. and cell phone and forensic data to come next from holland, as well. >>shepard: what is ahead for the suspect in the investigation? our senior judicial analyst,
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>>shepard: and 13 minutes par the hour now. the man whose companion disappeared while he was away on holiday or vacation in aruba today asked for a get out of jail free charge from the judges there. the answer was "no." but the options for the prosecution is limited. and now to our fox news senior judicial analyst, host of "freedom watch," on fox business network. they have different rules but if you do not have enough to charge him ... >>judge napolitano: here is the dilemma. the hearing is in secret. because the judge is looking at evidence. they do not want to reveal the evidence until they charge him. if at all. the prosecutor may say we are looking for the toxicology tests or the handwriting tests to come back from holland. it is online and ready to be tested. we cannot speed it up so we need
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the time to wait for it to come back which rings well with the judge, a neutral reason that makes sense we they need more time. but they have a law, as phil keating said, they have 60 days and then they cannot just ask for another 30 days. they need to have a reason in order to keep him. the judge has viewed something in private that caused him to say i will let you keep him another two weeks and we will look at it again but there is a heavy burden at the end of the month, you have to show me you have some evidence to charge him and if charged he can be convicted otherwise i let him go. >>shepard: our correspondent, phil keeping is still with us. do we have any idea what this "thing" is, that is not public? or is that a secret? phil: it is primarily the laptop and cell phone data that is being analyzed by the experts in the netherlands. it is a time issue on getting
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that back in. the f.b.i. has been working with the aruba authorities searching his home in maryland and they did obtain handwriting samples which will be used for the life insurance, the travels' insurance that aruban authorities say he took out on her life at the airport or when they bought the tickets to fly from the united states down to aruba. of course, he before he was arrested he was at the airport attempting to board a flight to return back to maryland and according to reports down there, detectives approached him and he was absolutely sweating. >>shepard: a lot of people have questioned, judge, if the bad publicity from natalee holloway investigation they are trying to put parts of the puzzle together that do not exist. >>judge napolitano: they may well be, i don't want to say their behavior is inappropriate
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but they have a belongcy on their backs which is a terrible, terrible reputation because of their inability to follow-through on the natalee holloway case. until van der sloot got involved this other criminal activity in another country so they are going to be a lot more though oh and a lot more aggressive than they have in the past but as phil indicated, some of the time issues, how long it takes to get information to the judge are out of their control. >>shepard: thank you both. and you can see the judge on "freedom watch," at 8:00 eastern and 7:00 central. and now a look at your latest bank statement. had enough fees? already close to your accounts and ready to close it? it turns out that is easier said than done. you cannot just easily close your own account. we will show you why.
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>>shepard: how are you feeling about the big banks? some smaller bangs are taking advantage of the growing outrage over the debit card fees from banks like bank of america. some credit unions are advertising free debit cards and free checking accounts. this is after bank of america announced they. charge debit card users $5 a month to make purchases with the cards. chase and wells fargo are testing similar fees and congress is taking notice of what is occurring. five senators are asking the attorney general to look into the fees to see if it violates
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antitrust laws. some point out that customers may not find it easy to switch banks. in some cases the big banks services such as online bill paying and mobile banking make moving the money inconvenient. and now to an expert, a financial reporter for the "wall street journal" owned by the parent company of this network. how come i can't move my money. >>guest: it is a pain. this is how we have gone, we pay bills and they are automatic and taken from our account. this is a service but as a result if it means you don't want to be hit with the fee but would rather go do another bank it is not as easy as shutting down the account, you have to close down all the different bill paying and for some who may also have a mortgage and other services through the bank, it is just not worth the trouble. >>shepard: and the people what are hurt the most by this are not people that have lots of money and make lots purchases
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but people that do not have a lot of money and maybe that buy coffee at starbucks. >>guest: the industry has gone from being able to borrow and lend and make a lot of money on the interest rates which are lower, and they cannot do that so they are going to increase their fees, going into overdraft fees and different ways to make up the loss revenue. but the problem is we have seen regulation as a result of the lower income customers getting hit saying it is ridiculous $35 or $40 for a $3 cup of coffee and this along with a durbin amendment changing fees that banks can get, this is part of the reason why we are now seeing $5 a month debit card charges and up to $20 a month for a checking account and the banks will say this is how they make the charges more trance parent. >>shepard: remember when they changed the rules so the bank
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could not charge what seemed like exorbitant fees and we wondered why they would get the revenue back. >>guest: as j.p. morgan's executive said if you are a restaurant and cannot charge more for a soda you charge for more a burger, so, they have a weak economy, and are not making as much from loans or from fees so they are saying, this is the end of free checking. free checking was no free lunch. they offset the free accounts with charges elsewhere and now they are saying we are going back to this kind of structure. >>shepard: there is a bush and pull open those who are doing the protesting of wall street in what amounts to, now, 140 cities across the country. how seriously are the banks taking this? >>guest: it is interesting because we have seen banks trying to keep customers from withdrawing their money, so, as a result part of the occupy wall street protests have seen people say, i'm against big banks so i will take my money and put it elsewhere and the bangs have
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tried to stop this but, in fact, this is small illustration of what is happening. the silent protest, people are taking their money out of a big bank and putting them into a community bank and credit unions and they are taking advantage of some of the local institutions and saying there are some in illinois and southern florida saying we will make you $5 a month to have a debit fee with us, rather, a checking account for us and they are getting a windfall and there is www.shredmycard.com, as well. >>shepard: great to see you. the mother who says, now, to megan kelly she was drunk when her baby "went missing "sat down with megyn and other networks as the f.b.i. searched for her daughter. we will show you what she told megyn about her night of drinking and reveal show she changed the key part of her
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>>shepard: this is "studio b" at the bottom of the hour and time for the top of the news. the mother of the missing 11-month-old baby lisa said she
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drank enough boxed wine to get drunk the night her daughter disappeared, between five and ten glasses. and you will recall last month that baby lisa's mom told police that somebody snatched her daughter came in through a window and got her and she also said police say she failed a polygraph test. and in that interview with megyn the mom discussed how were she had to drink when the little baby "vanished." >>megyn: how much did you consume? >>guest: several glasses of wine. >>megyn: when you say several, more than he? >>guest: yes but that has nothing to do with her. >>megyn: more than five? >>guest: probably. >>megyn: more than ten? >>guest: no. >>megyn: was it just wine or >>guest: just wine. >>megyn: not vodka. were you drink?
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>>guest: yeah. >>megyn: was your neighbor drunk? >> i don't think so. we have not talked i don't thing she was. i think she was probably tipsy. >>megyn: do you have a drinking problem? >> i don't think so. >>shepard: why discuss it with the woman next door when you were together the night your baby disappeared and she changed her story on when she last saw her daughter. and jonathan hunt is here. so, new day, new story. what is today's story. >>jonathan: she first told the cops she last saw baby lisa at 10:30 p.m. when she went to check on her and now she told megyn because she is drunk she is actually not sure she did that the only thing she is certain is she put her down to sleep at 6:40 p.m. listen to this exchange. >> sometimes i check on her but most of the time i check on her and the boy's room is next to
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her, and they were awake and i had went in there and told them they could sleep in my bed and, so, i'm assuming i checked on her, too. but i don't know. >>megyn: you don't remember? >> no. making it is possible you did not check on her? >>jonathan: she also said she believed she will be arrested by the cops and she says she fears if that happen people will simply "stop looking," no one baby lisa. >>shepard: have not heard a lot from the father but he spoke with megyn. >>jonathan: he is fascinating because he has not said much at the press conferences or in interviews but megyn asked him what he thought about her revelation about the drinking and whether she actually checked on baby lisa. listen to this. >> i don't really have much of a reaction. regardless of how much she was drinking or if she was drunk or
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if she supposedly blacked out or whatever, it doesn't change who you are and what you do. >>jonathan: and he has aid he does not believe that she was involved in the disappearance of the baby. the police have been searching a creek near the home and they have been back at the house belonging to the neighbor with whom deborah bradley was drinking that night. >>shepard: and now the legal panel. fox news legal analyst arthur aidala and randy zelin, noted defense industry. these are new stories and by way of observation, and nothing more, the certainly does create a convenient "i'm not sure," and "i was wasted," and "i don't know." >>randy: forget the commercial talking about mayhem. i start telling stories like this, you start, well, at 6:30,
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maybe, i don't know, i was drunk, i wasn't drunk, you are inviting know your barbecue, you keep your mouth shut and this is why. as mark twain said, better to have you open your mouth and confirm that you should be arrested. >>arthur: i don't think she confirmed she should be arrested. i have been watching very closely. i don't feel in my gut based on my 20 years of experience that mom killed the kid. >>shepard: no one said that. what we know, the child is gone. >>arthur: the kid is gone and we know mom usually in the statistics has been some to do with it, and cannot criticize law enforcement but i criticize, what megyn was told, from hours of the child being missing they accused her, saying you did it,
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we know you did it. >>shepard: that is normal to try to breakdown the people in find of someone still alive. >>randy: okay. >>arthur: i agree and disagree respectfully. i grow that is what they do but why think that is what they should do because now they have to find the mom guilty. you ask the same people over and over and over the same questions of something they did you will get different answers. and if you have the same answer all the time that would raise questions. wait, it is so perfect. >>shepard: all of a sudden drinking ... >>randy: there are a new things we can knock out. you agree the child is not kidnapped because there is no ransom. >>arthur: you don't need ransom. >>shepard: how can you say a parent should not come forward with every information and speak and speak and speak if they did nothing and your 11-month-old
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presence daughter is missing, what parent ... >>randy: we are human beings and i can twist anything anyway i want. arthur said if you ask somebody the same thick five times you may get different answers but that does not mean i am lying. >>shepard: jonathan that is new information that seemingly came out of the blue. >>jonathan: and it did and another thing the six and 8-year-old boys heard noises that night but although she says they heard noteses she doesn't want them to be questioned by the cops understandably but it muddies the water. >>arthur: the kids were questioned initially and she was not going to allow them to go through it again and again. she is speaking to the chief district attorney, the d.a., in west chester county who handled hundreds of murder cases but they are speaking to someone of
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that caliber without a lawyer. that is not nuts if you didn't do anything wrong. >>shepard: or if you are positive as another possibility, not suggesting this is the case, if you are positive no one will find that child. >>randy: if you keep your mouth shut what do they have to charge you with? nothing. the only thing right now is the ridiculous stories and, wait, inconsistencies. if you kept your mouth shut, you don't have to give --. >>arthur: what about the trial? >>randy: law enforcement are worried she had nothing to do with it, they said from the get go we know you did it. >>arthur: why would you want do shut up? you would want everything to have as muchs information as you have. >>shepard: you this is not how your mind works if your baby is mythsing, i would not think you
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would be worried about your well-being but i would think you would be worried about your child. maybe i would be worried about my wine. rain rain and maybe there is some truth to what she said, you arrest me and you will stop looking for my child. >>shepard: randy and arthur and jonathan, thank you. reports from iraq the united states has given up on plans to keep american trainers there beyond the end of the year after iraqi officials reportedly rejected a deal to give the u.s. forces legal immunity. but according to the white house and the pentagon for that matter negotiations are still underway. and the u.s. is preparing to withdraw the remaining 40,000 troops by january. everybody out. and jennifer has this news live for us from the pentagon this afternoon. there seems to be, is there an impasse here? it feels like it. >>reporter: it looks that way if you listen to what the iraqi officials told thus weekend when the report surfaced they said
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they, that they essentially would not give immunity to any u.s. troops that stay. that is a dealbreaker we know for the pentagon, but, when we asked secretary panetta a few minutes ago on the steps of the pentagon about whether they hit an impasse he said, no, they are still negotiating and no one is willing to call it an impasse at the pentagon but back in this story, admiral mullen then the chairman of the joint chiefs says it is a physics problem, you bring 40,000 troops home you have to know if you are leaving some behind. right now it looks like they are on a path to bring them home. >>shepard: something on capitol hill or accusing the administration of delaying this. >>reporter: they are saying, according to senator john mccain on the senate armed services committee and he is accusing the administration of dawdling saying they did not present numbers to the iraqis early enough and this should have been taken care of a year ago but they only began to
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present numbers this summer. take a listen to senator john mccain. >> a year or so ago we could have negotiated an agreement. we didn't. we had an arch there prior to this one that had in experience in any part of the world. he served as our negotiator in korea and we know how well that turned out. and we did not have any priority to the issue and, then, it took them up until a month or so ago to decide how many troops they really wanted. >>reporter: now john mccain says even if the training mission of 3,000 troops stayed behind it would be meaningless and iran is waiting in the wings to fill the vacuum. >>shepard: thank you. we have new fundraising totals from the presidential candidates this afternoon. the numbers and the check writers.
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a bigger dog. [ male announcer ] introducing the reinvented 2012 toyota camry. it's ready. are you? ♪ >>shepard: the biggest wireless company made a deal with the feds to stop bill shock. that refers to what happens when your cell phone bill, you fine charges that go way beyond what you expect. usually when people go text or surf happy without realizing how close you are to the minutes. but, now, after the deal, carriers will send a warning to customer whose risk going over their voice or data plan. the fox business network's reporter is with us. what does the industry grow to do? >>reporter: to send 200 million wireless customers a warning by e-mail or text or voice mail when they start to
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get close to hitting their quota for the calls, messaging, or texting, their data, and the international rooming charges. the ftc has been getting ready to crackdown on bill shock. >> a woman was shocked by an over $30,000 charge while visiting her sister in haiti after the 2009 earthquake and a man got $18,000 bill after downloads expired without warning. >>reporter: those are extreme cases but this are planive wireless customers who pay $10 or $20 or $100 or up to $1,000 a month for the extra charges and the fcc will put the rule making on this on hold for now and will monitor the industry as it rolls all this out. should be able to start getting
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text by four different methods by april of 2013. >>shepard: how many could be helped, here, do they have a number? >>reporter: yes, consumer reports and the fcc have done surveys on this and one in five wireless customers pay these kind of center charges that comes to tens of millions of customers. >>shepard: thank you, peter barnes, live from the street. fox news is america's election headquarters. we have new financial reports now. they show president obama is ahead of the g.o.p. rivals in fundraising raising more than $70 million in the last quarter from june through september. and among republican candidates the texas governor pulled in $17 million not third quarter the most of competitors and former massachusetts governor mitt romney raised $15 million and the businessman herman cain who
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has skyrocketed to the top of the polls took in $2.5 million but the numbers show that one area where the former governor romney is beating president obama: wall street happening out six times more money to romney than to president obama's campaign. at least since the spring. and now, john bussey from the "wall street journal", owned by the fair company of this network. so, romney raised more money on wall street. >>reporter: not a huge surprise. it is a reflection of the rhetoric we have heard from the obama administration about big business, fat cats on wall street, going back a couple of years now, plus the regulatory environment where they are going to, as a result of the financial crisis, kill more regulations that have people worried. so you can see the fundraising go tepid and same thing not
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union. unions feel that the obama administration has not delivered for them. so they are saying, we are going to give to a lot of politicians in the democratic cause but doing it at the state and municipal level not the national level to the degree we did in the past. >>shepard: there are ways to get money from people that do not include the heavy restrictions. you can really go and them, if you want. >>guest: that is right. independent groups, separate from the dnc and the rnc and the candidates' campaign and karl rove funded one of these, and they are feeling very optimistic. they feel there is a good shot at getting the presidency this year and they have upped their target for much they expect to raise from $100 million to $240 million so we see a lot of energized republicans get excited about this race. and, at the same time, democrats of trying to find their way in
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among the old constituencies and finding them cool. >>shepard: is there a sense for how the wall street protesters in 100 cities across the country, what import of impact he may have? i heard romney be much softer toward this than the republican party as a whole. >>guest: at the end of the day there probably is no effect on the election. it is more what wall street is feeling that will come out of washington that will change the nature of the job and the business of wall street. they feel it is constrained because of restrictions on compensation, on the type of trade, et cetera, and that will work against obama. but, remember, the incumbency is amazingly powerful and we are seeing the fundraising numbers come up now and it will be an eternity before the election and the incumbent has the advantage. >>shepard: more than a year. one man's 11 year long walk around the world.
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>>shepard: a raging fire tearing through an apartment complex in boston after officials call a "failed suicide attempt." witnesses say a massive explosion shook the building this morning and firefighters rescued ten people from the complex including a six-year old boy who had to jump out of a third floor window into the arms of a firefighter. officials say a man covered in buns showed up at a hospital and admitted hebrew up his own house and he now is facing arson and attempted murder charges.
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an emotional homecoming for a plan who got back from an 11 year walk around the world. we are told the trip took him to 64 countries and war zones, and deserts and mountain ranges and he reportedly had to eat bugs and snakes just to survive. and now he is reunited with his family, and trace has the story live from the west coast newsroom. not that you really need an excuse for 11 years to walk around the world but why did he do this? >>trace: on his 45th birthday he tried to shake off mid-life depression so he went for a run and he ran all the way from montreal to atlanta and that is when he stopped running and began walking. and he walked 46,600 miles pushing the three wheel stroller inside the stroller he had a sleeping bags, clothes and first aid kit and relied on the kindness of strangers but he admitted he got mugged by a few
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drunks and almost gotten eaten by a puma but he walked away. >> sometimes it was not easy. but i would not give up. (inaudible). >> there was great support. and physical trials. and i crossed six deserts. and ... (inaudible) >>trace: he says he walked to raise awareness on violence against children. >>shepard: and his own family? >>trace: he carry add computer to skype with him and he met with his wife once a year but for 11 years they pushed him to go, go, go. and now a map, we talk about montreal to atlanta, the yellow is where he flew but elsewhere
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he walked. he is broke but could not be wealthier. >> with the excitement of seeing my family and my mom, you see, yesterday, i met, the day before yet i met for the first time my first granddaughter, she is five years old, and it was a great moment. >>trace: he did lose a little weight on the journey but mostly he maintained his weight. a lot of free teen in snakes and spiders. >>shepard: too much walking for me. thank you. drama at bottom of the world. have you heard of this american engineer sick while working at the south pole? details on an incredibly dangerous rescue. and how it took weeks to get her out of there. sniffs ] i took dayquil but my nose is still runny. [ male announcer ] truth is, dayquil doesn't treat that. really? [ male announcer ] alka-seltzer plus fights your worst cold symptoms, plus it relieves your runny nose.
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[ deep breath] awesome. [ male announcer ] yes, it is. that's the cold truth!
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>>shepard: an american engineer who suffered a stroke inant arc can is getting
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treatment. a rescue plane arrived in new zealand after she asked for the evacuation in august after experiencing serious vision and speech problems and she says her employer told her the high wind and the snow and the extreme cold in the south pole made an attempt too dangerous and they finally arrived at the south pole this weekend to rescue her. she says other doctors told her that she may have a tumor and she is expected to undergo medical tests toll. a problem was they could not pressurize the plane so the plane had to fly very low and she was worried that could cause more problems and it affected her speech and vision but maybe she will be okay. a very difficult evacuation. and now the dow before we get away, down 258 on the session. part of it is germans are saying, down playing the notion that the economic trouble in europe could

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