tv Studio B With Shepard Smith FOX News October 26, 2011 12:00pm-1:00pm PDT
>>megyn: thank you for watching everybody, "studio b" with shepard starts now. >>shepard: thank you, megyn. on "studio b" today lawyers for the former vice president john edwards trying to bring an end to the enormous problem and charges he used campaign cash in an affair. well look at case. and, what they are asking a judge to do. the jury in the manslaughter trial of dr. conrad murray today hearing a different side of the man accused of killing michael jackson. we get a live report from the courthouse. two of the frontrunners in the g.o.p. presidential nomination testifying up the attacks on each other. could that end up hurting the republican candidates in the general election? that's all ahead unless breaking news changes everything. this is "studio b." but, first from fox at 3:00 in new york lawyers for an accused
-- a teacher accused of having sex with a student the lawyers say the students were taking advantage of her. defense attorneys claim she is mentally ill with multiple personalities and the boys knew she was "vulnerable." but the prosecution witnesses testified yesterday the teacher put together the whole defense before the cops arrested her. the prosecution in ohio charged the 33-year-old with 16 counts of sexual battery and her former students including several former football players say she brought them home, gave them drugs, gave them alcohol, massaged and took continues having the crazy with her. >> since we had the oil on her back that led us to getting in the bubble bath. >>shepard: oh, my, some of the testimony is too graphic for these purposes and the former gym teacher pleaded not guilty by reason of insandy and the lawyers say she does not remember having sex with the
boys which must make the boys feel terrific. and now, details on this. what is the strategy? rick: they are try to say they took zoe love for depression and had memory loss, basely the drugs made her do it. the defense calling former students saying she was very well liked and they could tell her anything but police and the prosecution say she used her popularity to lure boys for her home, providing them with beer and pot and sex on multiple occasions
her lawyers say she may be the victim in this case. >> she was you will verify financial and impaired. (inaudible) the young men saw an opportunity ... with a woman who was impaired on many different levels. >> she opted out of a jury trial and she faces five years in prison on each of the 16 counts. >>shepard: the lawyers are
here, she was taken advantage of. she, the schoolteacher by 17-year-old boys. of course they didn't think twice of having sex with her. 17-year-old boys don't think of having sex, tweet, they do it with anyone. >>arthur: i don't know how many thousands of cases never have i heard of the insanity defense under these circumstances. usually you only use that because if you are found mentally unstable you don't go home. you go to a mental institution. and, god bless the defense attorney. this is a for -- novel defense. they are 16, 17, she is 30. she is device their age. she has sex with several of them, at the same time. >>shepard: what is the age of consent? >>arthur: usually 16. >>shepard: then they were old enough. >>arthur: if they are 16, maybe they were 15. and, also, there is abuse her
authority. she is going down. smart move. smart move to go with a judge and not a jury because a jury would be so emotionally involved they would destroy her. >>shepard: i am guessing the guys are upset for her claiming she was insane. >>randy: inis insulting, she is facing jail. >>shepard: sleeping with her students. >>randy: and you could say for that reason she must be insane. >>arthur: a lot of teachers, randy, there are a bunch of these cases. >>randy: five of them? >>arthur: the monday teacher on the motorcycle who violated probation with the student a second time. >>randy: when you have strict liability, intent does not mean anything she has nowhere to go but say i didn't understand what i was doing. she has an ace up her sleeve.
>>arthur: she is facing five years in prison for each of the 16 counts. one boy said he felt uncomfortable and left to watch "finding nemo." >>randy: that is a killer for the defense. she was insane to go with a judge. she should hope there would be one on the jury who say, this is a crime? another never came forward in a timely manner and said, by the way, this was going on and now she comes out. there is not a lot to go with. >>shepard: one teacher had a child with one of her students. in florida. >>arthur: she is saying the drugs and alcohol mixed together made her so out of sorts she thought it was cool to have sex. >>shepard: and the devil. >>randy: but she does not
remember, the competency. >>shepard: she says. she says she doesn't remember. randy? randy? >>randy: well they say they had sex. >>arthur: and there was hot oil. >>shepard: and president obama today unveiled a plan he said will help americans pay off their student loans. the president now says it will happen like this. they will pay millions and millions of people hundreds of dollars a month. how will they do that? and now, wendell, where did we get the money? i didn't realize rehad money. >>reporter: this is revenue neutral consolidating loans at a lower interest rate and cuts the maximum monthly payment from 10 percent of the income to 15 percent, and forgives the long after 20 years. congress approved most of this to take place in 2014 and the president will put them into effect next year.
>> over the past three decades the costs of college has nearly tripled. and that is forcing you, forcing students to take out more loans and rack up more debt. last year graduates who took out loans left college owing an average of $24,000. student loan debt has surpassed credit card debt for the first time ever. >>reporter: second only to home mortgages and the president points out when you come out of college owing that kind of money you put off other things and that impacts the economy as a whole. >>shepard: that makes sense. do the republicans agree? >>reporter: well ... they are not happy ... about being bypassed, the latest in a series of orders to cut congress out of the loop. and another provides refinance options for people whose mortgages are underwater.
congress paul ryan says better let the private market sort it out and take the risk. >>guest: it takes away choice and competition in the student loan market for students another example of the federal government taking over a function from the private sector and the taxpayers are now on the hook. >>reporter: the white house says the president will issue the executive orders to help people climb out of the recession which are not a substitute for congressional action but better than no action. >>shepard: thank you, wendell. there is a new report out that shows college costs are actually skyrocketing. according to the college board. the organization behind the s.a.t. in-state tuition fees jumped to over $8,000 a year at an average public college costs
that, $8,244. with the average cost at a private school, look at that, $42,000, plus. the study claims many families are paying much less because of scholarships and federal grants and tax credits. the prosecution says the firm presidential candidate john edwards used campaign funds to hide an affair. and his love child. if that is true, that is a felony. but the lawyers say not only is it not true, a judge should they the whole thing out of court. john edwards looks for some sympathy. plus, a rare inside look at iran's terrorist operations and what the united states government seems to know about them. all ahead today. i had a het problem.
>>shepard: attorneys for john edwards, today, sought to have a judge dismiss the charges against john edwards. said he illegally used campaign funds to cover up an affair. the former north carolina senator is facing six felony charges. according to the feds john edwards necessityingly accepted nearly $1 million in donations for the 2008 presidential run which investigators say the campaign used to keep the affair under wraps. so to speak. during that affair, john edwards photographer became pregnant with his love child. but john edwards attorneys say the contributions everyone gifts not donations and he broke no law, therefore. jonathan hunt. only gifts. so kind. give us the details. >>jonathan: what the campaign is saying, or the lawyers are saying, this was entirely and is an entirely politically motivated prosecution. brought by a u.s. attorney who
is a republican who is now running for congress. and they say in the court filings "there is simply no explanation for a taxpayer funded investigation of this scope unless the intent was to dig up anything and everything possible on mr. ed wards. this all or appearance of a conflict is highlighted by the announcement to run for office." i talked to judge napolitano and he could not comment on the political motivation but he said this is an unusual case to prosecute. listen. >>judge napolitano: this is ambiguity in the law. and when there is am by gut -- ambiguity of the law it is in favor of the defendant. the argument is, if congress wanted to make it a crime to give a gift from the campaign, it would have said so in the statute. not absence of saying so, giving a gift is not a crime. >>jonathan: the hearing is underway and his attorneys describe the prosecution case as
"crazy." >>shepard: what is the prosecution's response? >>jonathan: they said in their court filings "all of his political speculation boils down to a complaint that he is a democrat and one of the prosecutors who approved the charges against him is a republican. these assertions demonstrate nothing more than that mr. homing is a republican who was a law clerk and assistant u.s. attorney and u.s. attorney and whose office prosecuted a number of prominent public officials." now, there are a lot of people who would say that john edwards was morale disgusting in the way he cheated on his wife who later died of cancer but the judge in this case, of course, has to put aside the morals of this and rule purely on the legality. >>shepard: and now the politics of it. we will bring in our political analyst juan williams. it is wednesday's with juan. it is not like a bunch of
democrats will defend the great john edwards. they brought shame upon the house of the donkey. juan way imagine if he was vice president of the united states be so there are a lot of democrats who wish this case would go away and have in interest in it. and, even in terms of the campaign laws you get people who typically are watchdogs, siding with john edwards like the center for ethics and responsibility but they are siding with john edwards because they think this could be damaging in terms of the larger picture of campaign finance. that, in fact, if you, if you were to enforce this law against edwards you would be encouraging people to find a way around existing campaign laws and they don't want to see that. >>shepard: as if that isn't already happening. >>juan: but the larger issue that this does not town -- touch on, the explosion of anonymous
money coming into the policemen structure in advance of the 2012 campaign, reporters around washington are waiting for the big scandal to break and already you see so many of the independent organizations that can take anonymous donations from corporations and fund them in, in support of one candidate or another and they are checking with the supreme court because they are dicey what the rules are right now regarding campaign finance. >>shepard: does john edwards have a future? putting the legal part aside, does he have a future? >>juan: no. zero. no political future. can you imagine an american woman who would vote for john edwards? >>shepard: i cannot imagine an american who would. i'm just ... just from the optics, his wife is now dead of cancer, she is fighting cancer and he is having a baby with a photographer and the allegation is he used campaign donation money to hide it all.
they claim this is just a political witch hunt? seriously? >>jonathan: the legal point about campaign cash. they say this money was given as a gift, never went through a campaign account. if it is a gift, it is not illegal. remember john ensign in nevada, his mistress got a "gift," of $75,000 and he was not prosecuted. >>juan: part of the case against john edwards is he filed a false campaign finance report because he didn't list anything that would indicate and i don't think there is argument here, the intent was to keep her out of the picture as he was running for office, and it was to his political benefit. now, if you go to the ensign case obviously with his political benefit to keep this woman silent and the money came from his family but this is directly money that came from outside people who are donating money with political intent to benefit john edwards.
that is the prosecutor's argument. >>shepard: thank you, juan williams and jonathan hunt. thank you both. the former c.i.a. operative says the alleged iranian plot to stage an assassination in u.s. soil was very real and could have been very much successful. [ male announcer ] at e-trade, investing means taking action
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>>shepard: lawmakers are holding a rare open hearing on terror threats coming from inside the united states and the possibility presence of iranian terror cells. this comes weeks after the united states officials say they broke up an iranian-backed blot to kill the saudi ambassador to the united states by blowing out up a washington, dc, restaurant. the iranian american suspect in the case pleaded not guilty in
federal court this week. and now, live in washington, what are officials saying about this threat? it feels like they are ratcheting the "be afraid of iran," campaign. >>reporter: refreshing moments in the hearing came from a former c.i.a. officer who was straight talking and who tracked iran and hezbollah. >> operationally what i am suggesting the committees look at, look at canada. that is where the iranians have had much more success in developing contact networks and i suspect what they will try to do is move the type of operations they have in canada, move them south. >>reporter: a used car sales man seems unlikely choice for the alleged plot the former c.i.a. operative saying it really fit iran's m.o. >> i believe iran is intent on attacking us in the homeland.
all one needs to do is to review their strategy, their behavior, their attacks and their targets of the past three decades. >>reporter: one surprising thing at the hearing was the idea that iran's operations are not as sleek as people say and they are sloppy and an example is that former street vendor, fruit and vegetable vendor in paris was recruited. >>shepard: that is weird. weird. what are the experts saying of the u.s. response to the provocations? >>reporter: what they documented is iran has been behind more than 200 attacks and 1,000 deaths including the killing of mostly marines in 2002 and a second witness warning congress failing to take strong action in response to the plots emboldens iran.
>> we are risk averse and afraid of our shadow with dealing with iran and they are aggressive. not a combination that will work. >>reporter: the bottom line is iran has learned to live with the economic sanctions and in the past the united states has not taken bold action against them whether the assassination plot with the used car sales man rises to that level is, really, continues to be debated. >>shepard: thank you from washington, catherine. now a minute ago, a minute ago in the world series the game was postponed. rain. rain. i don't know how you know that 4 1/2 hours in advance. >>arthur: if it rains, iterates much that is part of the sports. >>shepard: who are the meteorologists who are so much better than here and oxford? >>arthur: it is supposed to be
raining right now. >>shepard: it is not rating. look, play the dang game. it is postponed. so if you are sitting in st. louis, forget it. >>shepard: the prosecution in the manslaughter trial for the doctor of michael jackson is going on roaming out witness after witness after witness saying he made deadly mistakes and now others are saying he would not be alive if not for dr. conrad murray and political watchers say the attacks between former governor mitt romney and governor rick perry are getting more brutal part of the day. are the candidates hurting themselves in the long run? think about that. what's better than gold ?
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>>shepard: this is "studio b." it is the bought o the hour. time for the top of the news. several witnesses took the stand today to defend michael jackson's personal doctor, saying dr. conrad murray is a compassionate and caring man. the investigators say dr. conrad murray gave michael jackson a lethal dose of the powerful drug propofol and listened to witnesses for the prosecution for weeks who have painted him as reckless violating basic standards of medical care. but, today, in his manslaughter trial they heard from former
patients. some of them say he saved them from deadly heart conditions when no one else could. >> i explained my problem to him, and i explained to him the other doctors said it could not be fixed, and he said i can fix that. and he did. he actually called me at home on a weekend and asked me how i was doing. and he is a great guy. >>shepard: the against argues dr. conrad murray did not cause michael jackson's death and the singer gave himself a lethal injection without the doctor's knowledge or supervision. and now, live outside the courthouse this los angeles. the defense has just been going right through the witnesses. >>reporter: they have and they are done today with the witnesses. all about the character of dr. conrad murray. the defense really trying to rebuild this man's character in the eyes of the jury because for a couple of weeks the prosecution has been hammering at dr. conrad murray. each witness that took the stand talked about him being caring who opened up a clinic in a poor
area of houston and did what he could to help the patients. here is one. >> i believe dr. conrad murray is not getting a fair shake. i believe he needs support. and i appreciate his kindness, his caring and i'm alive today because of that man. >> that was the story we heard from the witnesses today but one witness that took the stand where the defense, after they finished with him, the prosecution during cross-examination got in a shot saying, even he may have treated you well it does not mean he treated everyone else well. >> why mean to be flip but in all seriousness he never gave you propofol in your bedroom, did he? >> no, sir. >>reporter: that is in belief that dr. conrad murray gave
jackson the lethal dose. >>shepard: the against is about to wrap up? >>reporter: they is two more expert witnesses and the judge pushed them to get one on the stand today. but, the defense wants to go in order, the toxicology first and then dr. white who we all waiting for. is, the judge put off court for the rest of the day to begins first thing tomorrow morning at 8:25 and then the prosecution will call two witnesses, and this could go to the jury by monday. >>shepard: that would be a blessing. thank you, live from los angeles. the question is, the defense is about to wrap it up, did he get the job done? was the defense able to make the claim no only did dr. conrad murray having in to do with this michael jackson called himself. the lawyers are back. >> no. no. no. he saved this guy's life and called the other guy on the week, that is wonderful, that does not mean under those
circumstances at michael jackson's house he was not grossly negligent and reckless for the actions. what the defense needs to do is put on the expert who they are saying they will put on, the second leading effort on propofol and say he didn't do anything wrong he used the drug properly and it was a bad situation and a bad circumstance, and that is what killed michael jackson. >>randy: great day for the defense. >>shepard: you always say that like you are on another planet. >>randy: it is planet zelin. the focus was taken away from what happened and now it is a battle of good guy and bad guys. dr. conrad murray is a human. now, it sets up the battle of the experts something else to divert the jury's attention. they have -- arthur, arthur, arthur, who testified they saw dr. conrad murray do it in >>arthur: you sound like a broken record. >>shepard: i want did show the
viewers something that is breaking. the "wall street journal" has reported in the last two minutes from fannie mae and freddie mac, two board members stepping down, the c.e.o. in the next year, and i think that will be news. we will bring business people in to tine out what it means, mortgages still a mess and freddie mac and fannie mae having big problem and the business people will explain how that means. how can you say the exact same thing in the face of the facts? >>randy: it is the truth. that is what counts. name a witness who said, i saw dr. conrad murray give him the propofol. name one. >>shepard: why do you have to do that? who gave the propofol? >>randy: that is what he is charged with. she not charged with being a bad doctor. >>arthur: we had a millionaire found guilty of shooting his wife in the face. no one saw him shoot her in the face, it was the fact that it was a gun, his fingerprints, plotter on the face, and no one
else was around, and it is the same situation. and even michael jackson told the nurse when he was begging her to give it and he said, no, and he said i just need someone to watch me while i am under the propofol and the doctor did not do that. >>randy: the guy confessed in that case. >>arthur: but you can still prove circumstantial without eyewitness testimony and that is happening. the prosecution will stay look at this picture, of all of the drugs, look at michael jackson. listen to his voice. >>shepard: can we see weather four, may we see it? weather four? st. louis. >>arthur: that will change all the pictures going forward. >>shepard: they know it will rain all night and say, look, rain the game out. i don't get it. >>randy: st. louis is down
3-2. >>shepard: just a little bit of green in st. louis. i mean ... i don't understand it. if the yankees were in it we could stop this. >>randy: they did it to the yankees the double header that they would not move. >>shepard: and now politics, i am not sure about the republican candidates. remember what ronald reagan said about not kicking the dirt and inside the tent? you do not besmirch another republican. our p.r. person is with emerald partners and author of "practice of public relations." everyone together. (applause). >> thank you for the ovation. >>shepard: are they ruining the future? all rick perry will make a lot of noise and sell books.
the numbers can come around and change. >>guest: no, no, what you said is the point. he is hurting romney. but he is not hurting him for the primary he is hurting him for the general election. >>shepard: these are words that will come out of president obama's mouth. >>guest: the democrats are building a treasure trove of advertising material for the general campaign. rick perry is desperate. and he is flailing out. >>shepard: he is in 5th place. >>guest: and trying to get traction. last night was interesting, the mistake he made was to agree to the debates. well, yeah, he is a terrible debater and not especially deep on the issues, well to the nfl. this, if you want to be president you have to debate. it is not friday night like anymore. romney has to stay out of it. what he has to do, shepard, is
counter punch and parry, not perry, but parry, take what perry gives him, confront it and keep his eye on the prize, the white house. >>shepard: he has to do something to shed the flip flop image which his republican opponent is working so hard to work into everybody's brain? >>guest: what he relies this is the campaign, the silly season. you have three months of budget primaries and eight people are trying to get noted. he has to stay above it. a good candidate is like a diamond. brilliant. but concealing the flaws. romney has to stay out of the mud. stay on the high road. counter punch. and he will get the nomination. >>shepard: he has a lot to worry about after that but first you have to get there. along the way, will the opponents stop attacking him on you were the beginning of obamacare? you were pro choice before pro
life? on and on and on. the long list. >>guest: what will happen i suspect, hillary clinton attacked president obama and that is what the republicans used. as the field winnows out and romney looks like the nominee they will say let's not kill him before the other side gets to him. >>shepard: we will see if the elders have a voice. the occupy, occupation has failed in one spot after police took to tear gas on them. we will show you that. and crews rescue a woman three-days after turkey's latest deadly earthquake. and her heart stops. that not the end of the story.
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street protesters and police clash for hours. overnight. busted. so the riot police blasted the crowd with tear gas and bean bags. we are told protesters were trying to re-establish a camp outside city hall after officials evicted them early in the day. >> protesters were not being violent. they provoked the protesters. >> we weren't doing nothing but talking. >>shepard: well, different strokes. officials say it is illegal for the "occupy oakland," protesters to be there and they were attacking police. trace is on the west coast. they say they will come back there at night, forget the police. >>trace: and this was a rolling protest so they would break it up in one area in downtown oakland they would gather in a different area, and you said hours, six hours to be exact it went on. if you look at the pictures this was all the way through the
streets of downtown oakland and you can see the tear gas and the police got on a loudspeaker and said "break it up, break it up, break it up," but they were throwing bottles and eggs and tanks so the police fired in tear gas. look at the aerials they fire the tear gas and you can see how quickly the crowd disperses but they say the police were very, very heavy handed. here is a protester followed by a police officer. >> they shot tear gas into the crowd, women, children, grandmothers, grandfathers, all standing in the same spot. >> bottles. beer. eggs. bottles. at myself and the other officers. >> you can see the police officer turned around and the paint all over him and police say they did not throw flash grenades they were firecrackers thrown by someone else in the crowd. 102 arrests of protesters.
>>shepard: and now they raising the ante? >>trace: yes they trying to get people to gather again at 4:00 today in downtown oakland to go to the park across from city hall to retake the park. and they say if they do not show up it gives police across the nation a reason to break up the "occupy wall street," protests and police say if they show were we the police will show up in larger numbers and there is a long history of tension between the oakland police department and residents of oakland but by fox report tonight we will have a better idea of exactly how this breast -- protest is shaping up. >>shepard: freddie mac has a resignation going on, the head of the place, and i didn't realize, but gerri is us with. freddie mac and fannie mae have, together, absorbed more than
$141 billion of taxpayer money. >>gerri: a big black hole. >>shepard: $141 billion. >>gerri: $55 billion for freddie mac, a big black hole. the last report for the quarter inned in june they lost $2.1 billion, a nightmare for the country because this company, fannie mae and freddie mac together back or work with the vast majority of motors and they have major, major, financial problems. the guy you mentioned came if to clean up after. >>shepard: in 2009. >>gerri: didn't work we are still fighting the fight. >>shepard: try the "swiffer." helps to clean. a prominent wall street executive on charges of the
biggest leaking of corporate secrets to a hedge fund. >>gerri: and proctor and gamble, one of the biggest in the country, called "procter and god," a shocking revelation, you did not expect the board to engage in this. this guy would have been known in boardrooms all over the country, running a global business and gave information to a fellow names rah and he is in big trouble and will serve 11 years in jail, and he has been sentenced and they friended and talks and exchanged information much the big question, of course, for gupta, he was invested in raj's hedge fund. so that is how that works. >>shepard: some would call that business as usual. gerri, thank you, on 5:00 at
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>>shepard: amazing series of rescues after the devastating earthquake in turkey. two teachers and a universityst were pulled from the rubble there. turkish television claims the heart of a teacher stopped beating during the rescue but the doctors reportedly were able to revive her and let is okay. crews pull add two week old baby from under the building, another with a mother, along with the mother and grandmother. the earthquake has killed at least 460 people so far. >> and now, a category hurricane
now downgraded to category one storm, but, still on a potential collision course at the most populated vacation spots in the world and the big question, will she head to the united states next? looks like it. the storm is moving down on cancun in mexico. see it? that is a hurricane. headed there. this is belize. and cancun. it will be a mess. fishermen are pulling boats to higher ground and we are told folks should feel the effect today. the hurricane expected to make landfall tomorrow packing wind and heavy rain, big waves and high serve and the weather machine is here. hello. we will talk st. louis in a minute but this is looking like a bear. >>guest: it is a small hurricane with winds 25 miles away from the center but we expect potential for direct hit on cancun, at the very least,
tropical storm force winds for an extended length time. water temperatures are warm enough to support a category one storm. and we expect we will continue to see a weakening trend over the next several days. >>shepard: it goes across and comes to florida? >>guest: the cone of uncertainty as we call it is larger as we head further out in time and this is the extra of the storm north of havana and there is the ... yes, look at the computer models. a lost agreement across the northeast coast of mexico but, then, as we head friday through saturday, it certainly looks like my son made some crayons and made a drawing. >>shepard: do you have anything -- st. louis is up here. a brilliant meteorologist has decided the game is a rain out and they postponed it in advance. >>guest: maybe you should call those meteorologists. >>shepard: this is crazy.
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america's fastest and most reliable 4g network in over 140 cities. verizon. built so you can rule the air. >>shepard: before we wrap it up, parking tickets are expensive enough but in italy a woman waited more than 1,800 years to pay the penalty and they issued a fine of $45,000. a local paper reported that woman saw the fine recently and suffered a spell and ended up if the hospital, and police later admitted their mistake. the officer involved calculated the fine from the year 208 instead of 2008 and the woman paid a slightly smaller fine of $140. now you know the news. look at this: st. louis. they have pest point the world series tonight saying it