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tv   The FOX Report With Shepard Smith  FOX News  May 14, 2012 4:00pm-5:00pm PDT

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everyone arriving. show them leaving. look at this. there is he on the way out. very well. >> thanks for inviting us into your home tonight. that's it for "special report." fair, balanced, and unafraid. >> shepard: this is the fox report. tonight, getting drond. the u.s. military is spying on americans. is that constitutional? plus, the feds make it easier for police department to fly drones in u.s. airspace. >> a leaked document reveals what happens when drones catch americans on camera. that's only part of the growing drone controversy. >> we do believe that more law enforcement agencies are going to start acquiring them. >> this is not pore mitted by the constitution. it's not permitted by federal law. >> tonight, the battle over letting drones fly. in america's skies.
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plus, it was a 2 billion-dollar mistake. now, people are starting to pay for it tonight, shake up at america's largest bank. and the trial of the former presidential candidate john edwards. it's time for his lawyers to have their say. but will the candidate himself take the stand? >> first from fox this monday night, he was a senator and then a presidential candidate. john edwards could take the stand in his own trial to attempt to avoid spending 30 years in prison. that's the word from his own lawyers who kicked off their case today. john edwards is charged with using campaign cash to hide his mistress and love child from the world. his lawyers claim the personals personal was a personal gift and not a political donation so using it was not a crime. this was during john edwards'
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2008 run for the white house when his wife elizabeth was battling breast cancer. the breast cancer which ended up killing her. the mistress is rielle hunter. she is on the defense witness list, but that does not mean she will definitely testify. remember she was on the prosecution's list as well. john edwards' oldest daughter kate is also on the list of possible witnesses for tomorrow. jonathan serrie is live at the courthouse, greensboro, north carolina. jonathan, what do the experts say about whether john edwards testifying would help or even hurt his defense? >> yeah, there are really two schools of thought here, shepard. there are some legal experts who believe that john edwards as a trial lawyer is uniquely qualified to directly address the jury. but others point out good lawyers often make bad witnesses. >> they are used to be in control. and they are used to explaining things at their own pace and their own way. as a witness, is he going to lose that. >> if edwards testifies, it looks like the defense will cblegd with him using him as
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their final witness, possibly as early as wednesday, shep? >> shepard: jonathan as i mentioned a key argument for the defense is that the money used to hide the affair was a personal gift not a campaign donation. how are john edward's lawyers making that case? >> they called to the stand one witness who is a mutual friend of john edwards and now deceased donor fred barron. pollster harrison hickman recalled a phone conversation that he had with mr. barron while he was on his death bed. in that conversation, barron explained the motivation behind all the money and resources he provided to hide edwards' mistress and her baby. hickman said he did it personally because these were people whose lives had been disrupted by paparazzi. the defense also tried to discredit the testimony of the prosecution's key witness. former campaign aide andrew young. when asked about young, hitman testified if andrew told me it was raining, i would go look out the window. i wouldn't trust him at all based on experiences i had
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with him. shep? >> shepard: jonathan serrie at the courthouse in greensboro. thanks. the ax is coming down hard at the nation's biggest bank days after jp morgan chase announced it lost billions of dollars in a very bad bet. the same kind of risky trades that really wrecked our economy back in 2008. the company announced that this top executive is out after more than 30 years with jp morgan chase. she is one of the top women on all of wall street. making more than $15 million a year in base salary. she is also the boss of one man, reportedly to blame for the 2 billion-dollar blunder. that trader so notorious on wall street that he is nicknamed sortamot after the evil guy in harry potter. this goes beyond the $2 billion in bad trades. jp morgan chase closed down 3% today. bringing the total blood bath to $19 billion.
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now president obama says the whole mess is being investigated. the fox business network's gerri willis is here in the studio. the president is now adding to lawmakers calls regulation against these banks. >> exactly. should they be broken up? do they need more regulation in the president himself weighed in on "the view," talking to women there. here is what he said. >> this is why we passed wall street reform. this is the best or one of the best managed banks. you could have a bank that isn't as strong isn't as profitable making those same bets and we might have to step in. and that's exactly why wall street reform is so important. >> and this is what is so interesting about this. is he making the point here jamie do imond and j.p. more grand chase one of the best country. what if this happened to weaker bank. big questions. we're all worried at some point some day would the federal government have to step in and bail one of these big banks out? >> shepard: the question is with what. one executive out now and he we are hearing there may be more. >> two more executives out.
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bruno exhale, the london trader you mentioned in the intro. more conversation bubbling up. especially since these losses are mounting about what next steps should be. dimond probably the same he won't lose his job although there are calls for him to leave the new york federal reserve here in the city. >> jamie dimond is expected to address these losses tomorrow at the bank's annual meeting in florida. by the way, he reportedly made $23 million last year. more than any other bank's ceo in the nation. >> "time" magazine has named him one of the world's most 100 most influential people not once but four times. most recently just last year. well then there is our 401(k)'s and a day of big losses on the jp morgan chase mess and on fears that greece's debt could go global. the dow was down 125. well below the 13,000 mark. investors were celebrating just weeks ago. the index has lost more than
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half of its gains this year in just the past two weeks. nasdaq was also down as was the s&p 500. really a lot on the s&p for such a small index. it closed at its lowest level since february. all of this came after greece raised concerns that it could miss a debt payment and drop the euro as its currency. analysts say that could hurt banks all around the world. meantime europe's mess could actually mean even lower gas prices at the gas pump. investors dumped oil stocks today dropping prices $2 to lowest all year. $94 a barrel. of course, that could mean we will pay less for gas. triple a reports the average for gallon of regular unleaded 3.73. down 5 cents from just last week. a fox urgent now and look at this. a school bus full of sixth graders they tell us has collided with a semi-truck on an interstate in illinois. the montgomery county illinois sheriff's department reports there are numerous injuries. we don't yet know how badly people were hurt.
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however, a medical chopper has arrived on scene now to transport the most seriously wounded. our station in st. louis is reporting the bus is bringing students from grant fork elementary school to springfield, illinois for some sort of field trip. can you see it's wreaking havoc on the highways. again, we don't know how badly these sixth graders or anyone else was injured. we are getting folks on scene, when we do know we will bring it to you. this broke this afternoon during "studio b." ron paul says he will not compete in any more presidential primaries. but he is still fighting for delegates. the texas congressman says he just can't afford to campaign in states that have not yet voted. he is still competing in states that already voted that's because some states award delegates at conventions long after election day. paul supporters have flooded those meetings and added to his delegate count in a big way really. analysts say he has zeroance chance of beating mitt romney. ron paul could demand coverage to demand a prime speaking spot at election or changes to
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the party platform which could be even more important. live reports from the campaign trail coming up just minutes from now. first, new rules for drones flying over american airspace. should the government be able to spy on us from the sky? the constitution says no, it shouldn't. so why is it happening? plus, a young woman fighting for her life against a disease that is eating her body. her parents say they haven't told her yet how bad her situation really is. that's ahead from the journalists of fox news on this monday fox report. [ alarm buzzes ] [ female announcer ] wake up time, but not for your eyes. they're still so tired looking. with olay challenge that, with regenerist anti-aging eye roller. its hydrating formula with caffeine conditioning complex, perks up the look of eyes. it works in the blink of an eye. oh! seriously?! ♪ [ male announcer ] hunger getting to you? oh... [ male announcer ] grab a ritz crackerfuls. made with real peanut butter and whole grain.
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the way grownups move mountains. and with autoconnect implemes, it's the easiest tractor to use what will you create? discover the 1 series at johndeere.com/1series. great financing available >> shepard: the united states military can use drones to spy on you right here in america as long as it's not on purpose. that's the word that comes from a newly leaked air force document. it states that if drones inadvertently capture images of americans the pentagon can hold on to those images for up to 90 days while the pentagon decides what to do with them. the constitution says you can't do any of that that's
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just as the federal government is putting out new rules for drones that fly over the united states. right now relatively few drones are actually flying over the u.s. the border patrol uses 9 of them, they he will tell it us. some local police departments have drone licenses as well. but by the year 2020, the feds are now projecting there could be, get, this 30,000 drones patrolling our skies. 30,000 of them. the chief fox report correspondent jonathan hunt is with us now. jonathan, what exactly are all of those drones supposed to be doing? >> supposed to be involved in a whole host of law enforcement activities helping out in hostage situations for instance. helping in search of a missing child. helping in search and rescue operations. all good things, obviously. equally obviously there are major privacy concerns because, in effect, this army of drones will be able to look into any american backyard that the authorities want to look into or indeed into any house using thermal imaging
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equipment. privacy experts say that there have to be a clear set of limits and regulations in place before, rather than after this fleet of drones gets off the ground, shep. >> shepard: but, as i mentioned, this is about inadvertently getting pictures of people inside the united states, the military inside the united states. what do they mean by that? say one of these drones is on its way to help thought a hostage situation in orlando. cameras rolling as t flies. those cameras see you in your backyard taking in some bags of fertilizer. are you using those to help your tomatoes grow or are you thinking about building a bomb? if the pentagon sees that it can then decide on its own what it thinks you are doing and whether it needs to look much more closely for 90 days at that video. our own judge napolitano says that is illegal. that is unconstitutional. listen. >> there is no statute that permits that written by the congress or any state
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legislature. there is no court opinion written by any state or federal judge. this is authority that the pentagon has given to itself. >> did you the drones are coming, according to pretty much every expert and legal analyst around. it is a question of how closely they will be regulated but pretty soon we are all going to be looking up, watching them watching us, shep. >> jonathan hunt, thanks very much. back home the parents of a 24-year-old woman hospitalized with a life threatening case of flesh eating bacteria say their daughter is now awake and asking questions about what in the world happened to her. but the parents say they have not yet told her about the extent of her injuries. her name is amy copeland. she was reportedly riding a homemade zip line in georgia when she was out camping or whatever and it snapped and cut open her left calf. we have reported on this before. doctors cleaned the wound, closed it like w. like 22 staples. she kept complaining of severe
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pain. days later doctors diagnosed her with this flesh eating bacteria. they had to cut off her leg. and then cut off part of her abdomen. and now doctors say they will likely have to cut off her other foot and possibly both of her hands. amy's parents say they're communicating by reading their daughter's lips. former major league pitching great roger clemens on trial accused of lying to the united states congress about using performance enhancing drugs. and today the stash witness took the stand, clemens former trainer, his testimony could help decide whether the rocket spends decades behind bars. that's straight ahead. plus, ever want to use your cell phone on a flight? can't do it. maybe now you can. in fact, one airline is now going to allow it. [ male announcer ] they were born to climb...
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>> shepard: a top u.s. lawmaker says he is not interested in talking with a hooker at the center of the secret service hooker scandal, this woman. the house homeland security chair peter king responding to reports that she wants to meet with him. congressman peter king is investigating accusations that members of the secret service brought her and other prostitutes back to their hotel in colombia ahead of president obama's visit there last month. congressman king tells cnn, quote: there has been enough cheap publicity. i'm not going to give her another forum. the star witness testified today at the perjury trial of the baseball legend roger clemens. the witness is a former trainer who testified that he started injecting clemens with steroids in 1998. with the pitcher was with the toronto blue jays. and that trainer's testimony clearly conflicts with that of roger clemens' words to congress 10 years later. >> let me be clear, i have never taken steroids or hgh. these types of drugs should play no role in the game of
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baseball and athletics at any level. >> shepard: clemens' lawyers maintain that is the truth. they say the former trainer is flat out lying about all of these injections. trace gallagher with the news. the trainer went into a whole lot of detail, trace. >> yeah, brian mcnamee me was testifying about exactly when he first gave clemens that first shot. he said it was at his toronto apartment. and he said it was at roger clemens q he even said roger clemens is the one that provided the steroids. he went on to say he injected clemens an additional 8 to 10 times that year. they were just beginning to get into clemens' time with the yankees when the trial ended for the day. he will be back on the stand tomorrow. the defense, of course, plans to paint brian mcnamee as a man with. history of legal problems, history of substance abuse problems and honesty problems. listen. >> clemens' defense is clearly going to attack him and say this guy is out for himself,
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he may be out for money. he may be out for a number of different agendas that have nothing to do with the absolute truth. >> we are told the entire time that brian mcnamee any was on the stand today that roger clemens was staring very intensely at him. shep? >> shepard: the judge made another ruling today, this one on former teammate andy pettitte, another pitching great. >> sure, they played together on the yankees. andy pettitte, of course, has acknowledged that he used steroids and says back in 1999 and 2000, he heard clemens say that he, too, used human growth hormone. but petit acknowledged that the accuracy of what he heard clemens say was only 50/50. now, in a court of law testimony is supposed to be better than 50/50. still, the judge allowed it in. though experts say pettitte's testimony may not matter. this will all come down to how credible brian mcnamee my is on the stand. shep? >> shepard: trace gallagher
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tonight, thanks. police in new jersey say they have arrested a veteran security advisor at newark liberty airport on charges he had been using a murder victim's identity. according to the port authority of new york and new jersey, which runs that airport, the guy had been working at the airport for about 20 years and it had passed background check after background check. we're told the victim died two decades ago. one airline is now letting passengers talk on their cell phones during trans-atlantic flights. virgin atlantic has just announced it's starting today, passengers on its air bus a 330 flying between london and new york can make cell phone calls at 35,000 feet. and they can text as well. the company claims new technology prevents cell phone interference with the cockpit. you have to pay international romeing charges which amounts to about 1.60 a minute for talk time. still need to turn your phone off during takeoff and landing. annoying conversations will now be happening way up there
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after president obama announced his support for same sex marriage, some of the first people with whom he spoke were african-american pastors. and some of them are apparently not happy about the decision. coming up, we'll hear from one of those pastors. plus, cops say a guy with a gun broke into a house. he was no match for the 11-year-old girl inside. it's quite a story as we approach the bottom of the hour and the top of the news on fox report. [ male announc] the inspiring story of how a shipping giant can befriend a forest may seem like the stuff of fairy tales. but if you take away the faces on the trees... take away the pixie dust. take away the singing animals, and the storybook narrator... [ man ] you're left with more electric trucks. more recycled shipping materials... and a growing number of lower emissions planes... which still makes for a pretty enchanted tale. ♪ la la la [ man ] whoops, forgot one... [ male announcer ] sustainable solutions. fedex. solutions that matter. (female announcer) [ male announcer ] most life insurance companies look at you and just see a policy.
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>> shepard: so an 11-year-old girl was home alone in the suburbs of salt lake city or at least she thought she was home alone until she saw the man with the gun. >> okay. tell me exactly what happened. >> [inaudible] >> shepard: the girl says her first instinct was to call for help. >> shepard: he told her it seems with his voice and his gun >> that's when she said she bolted. dialing 911 from a neighbor's house. she gave the description of the suspect, which is similar to that of a guy who robbed this convenience store a week earlier. >> ideally we would like to put him behind bars as soon as possible. >> the girl was out this weekend playing with her friends. we're not identifying her for obvious reasons. but her mom says she is proud of her daughter's response. >> thank goodness she had the intuition to just run. >> shepard: no doubt.
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police are saying that they think they know who robbed that convenience store and that once they catch him, they plan to ask him about this home invasion as well. i'm shepard smith. and this is "the fox report." it's the bottom of the hour. time for the top of the news. the president is here in new york city tonight raising money for his campaign with a little help from the guy on the right there. singer ricky martin. a gay rights group is co-hosting the event with the top tickets going for more than $35,000. this was already in the works before the president announced his support for same sex marriage last week. tonight, he talked about his decision. >> i want everybody treated fairly in this country. we have never gone wrong when we expanded rights and responsibilities to everybody. that doesn't weaken families. that strengthens families. >> shepard: hear that? trying to turn the culture war on its head. now we're learning the president called a group of african-american pastors just hours after announcing his
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change of heart or at lois his getting off the fence same sex marriage. few of those pastors reportedly told the president look we don't agree with you. ed henry is at the white house tonight. he talked about this decision earlier today as well, ed. >> that's right. as you mentioned the strategy from the obama campaign is pretty clear. try to milk this for all it's worth from the campaign cash standpoint ricki martin tonight in manhattan also earlier today barnard college and on stage with evan wilson. known as one of the leading advocates in the nation for same sex marriage and when he he spoke and gave the commencement address, the president tried to couch all of this as the latest round in the civil rights struggle. take a listen. >> that's how we achieved women's rights. that's how we achieved voting rights. that's how we achieved workers rights. that's how we achieved gay rights. >> and can you see how this could rally the president's liberal base as you look at the cover of "newsweek"
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magazine. they dub him the first gay president as rainbow halo over the president's head. however, outside the friendly confines of manhattan where the president was getting a lot of applause today, there are a bunch of democratic senators up for re-election this year in swing states like florida and ohio, et cetera, that are not exactly standing up behind the president on this issue right now. shep. >> shepard: ed, some republicans can say that conservative african-americans may just stay home this election cycle, that this may hurt the president in some circles. >> that is a big worry that the white house has. and, in fact, that's why the president was on a conference call within hours as you mentioned of his interview with abc robin roberts last week where he had this change of heather announcing the position talking specifically to african-american pastors. you are right, the ajunction is look, there is some conservative church-going african-americans who might stay home in november. but we today sat down with unbefore those african-american pastors on the conference call and he told me point blank he is sticking with the president. take a listen.
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>> there is more that unites us than what divides us. i'm seeing a great sense of momentum as we move forward. as people are concerned about this assumption that we're one issue people. >> and, in fact, the highest ranking african-american in the house, congressman james clyburn today actually said he wants to see the president get more liberal on this issue saying is he disappointed that the president said this a states rights issue. congressman clyburn says the president should go further and create some federal policy in shining same sex marriage. this cuts both way. >> shepard: the president says he does indeed support gay marriage. the state of rhode island officially recognizes same sex marriages performed out of state. they have independent governor there lincoln chafey. he signed executive order called it important step toward legalizing gay marriage. right now rhode island allows only civil unions and now gay couples that get married elsewhere will have the same rights as straight couples. that effects things like
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health and life insurance benefits plus property transfers and it will allow both parents' names to go on their children's birth certificates. the president's campaign is out with a new ad today as well, trying to use mitt romney's business experience against him. hit him where he is said to be strongest first. it's two minutes long and set to run in some debattleground states. tonight, governor romney's supporters are responding and going after the president with a new ad of their own. james rosen with both sides on this live in washington tonight. hello, james. >> shep, good evening. this is literally a tale of two cities, kansas city, missouri. and colombia city, indiana. also a tale two of rom miss. at issue is romney's career as a private equity investor at boston-based bain capital from 1984 to '99. among the dozens of companies that romney and bain invested in, some prospered and some failed. the obama's campaign's new ad set to run in five battleground states focuses on gs technology century's old
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steel plant in missouri went bankrupt two years after romney left bain and resulted in pink slips for 750 workers. the romney campaign video intended solely for the web featured steel dynamic inc. or sdi. helped launch and employees well over 6,000 people. >> those guys were all rich. they all have more money than they will ever spend yet they didn't have the money to people that made the money for them. >> bain capital walked away with a lot of money that they made off of this plant. we view mitt romney as a job destroyer. >> i think there is a lot of pride in what we have built out here. >> but sdi almost never got started. when others shied away, mitt romney's private sector leadership team stepped in. >> t wasn't for a company like steel dynamics this county wouldn't have a lot. >> the obama campaign isn't saying how much it is spending on its ad buy but sources tell fox news it's all of $83,000 for all five of the battleground states in which
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it is supposed to appear. not a very large ad buy at all. >> james rosen, thanks. the mortgage arm of allied financial today filed for protection under chapter 11 of the bankruptcy code. 17 billion of our tax dollars bailed out ally financial. formerly known as gmac. after the government took over most of that company back in 2008. but it's mortgage business residential capital is still struggling. today the company announced this bankruptcy filing should help the rest of the company grow and ultimately pay back nearly two thirds of the bailout money to taxpayers. the u.s. postal service announced today it will not close 600 cities in suburban post offices across the nation. instead it will shorten the hours. just last week the united states postal service gave a similar reprieve to thousands of rural post offices this comes as the postal service reports losses of roughly $35 million per day. and some customers have fought
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plans to shut offices. one union president says you don't quit providing what you do in order to survive. the founder and chairman of the electronics retail giant best buy today stepped down just a few weeks after the company's ceo resigned in disgrace. back in april, the company found out that the ceo, brian dunn had been having a close personal relationship with an employee. that's a violation of company policy. an investigation determined the chairman knew about it but said nothing. at the same time internet search giant yahoo has canned its ceo after an investigation revealed he had embellished his resume. he has been with yahoo but four months. signs of progress for the sole survivor of a fiery plane crash and we know the young woman wouldn't be alive at all if not for a marine's heroic last act. their story is just ahead. first, somebody is apparently walking up to cars and shooting their drivers dead. now, cops are warning folks
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[ male announcer ] for fruits, veggies and natural green tea energy... new v8 v-fusion plus energy. could've had a v8. >> shepard: investigators say somebody may be posing as a police officer, pulling over people on a highway, and then murdering them. it's happened not once but twice in the past week in north mississippi. cops there say they found both victims on isolated sections of the highway. >> the first victim was in his vehicle when found by law enforcement. the second victim was outside of her vehicle on the pavement when she was found by law enforcement. >> shepard: police say they are analyzing bullet casings found at both scenes. investigators say if you think the officer pulling you over might be an imposter, call 911. another blood bath in mexico. this time the killers left their victims headless and mutilated along a highway. it happened but 75 miles from the u.s. border.
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at least 49 victims. officials say somebody decapitated them. cut off their hands and cut off their feet and as a result, it will be likely very difficult to identify them. as the disturbing as it all is, t is the latest such discovery in mexico where the brutal drug violence has killed an estimated 50,000 people over the past six years. william la jeunesse live in our west coast news hub this afternoon. william? >> well, shepard, that war shows no signs of abating. the latest victims are casualties in an escalating fight between the cartels. over profitable drug and human smuggling routes into the u.s. police founded 48 bodies, including six women next to a white stoned arch that marks the entrance to the town of san juan. one hour from the southern tip of texas. hands, feet and heads cut off, police say tattoos suggest some victims belonged to the cartel. others may be innocent
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immigrants being trafficked north or migrants slaughtered for refusing to join the group. or carry their narcotics. typically in mexico police say the victims were killed elsewhere and then dumped for maximum intimidation and p.r. effect. now, in the last few months the scene alone mexico's largest cartel pushed deeper into zeta territory, dumping 96 bodies in public squares and alongside roads. in retribution the zetas founded by former mexican workers hung some two dozen bodies from a bridge. this escalating violence comes just seven weeks before mexico's presidential election. and as fired and fed up as the country is with the campaign against the cartels, the leading candidate claims he will not give up and may publicly ask for u.s. help. now that would be new. shepard? back to you. >> shepard: william la jeunesse in los angeles. doctors were scheduled to start performing skin graphs today on the only survivor a small plane crash.
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the woman was on her way to a christian youth rally when her plane went down friday in kansas. a total of five people on board at the time. marine among the passengers reportedly pulled her from the burning wreckage. and he later died of the injuries he suffered. a drug maker on trial on criminal charges after officials blamed a diabetes medication for the deaths of at least 500 people. prosecutors say the french company mislead doctors about the dangers of that drug. it's called mediator and health officials say the company kept selling the medication in france for 10 years after other countries had taken it off the market. the defendants deny the charges. well, at least auto people escaped a bus as it went up in flames and it tops our news around the world in 80 "around 0 seconds." china. state media reports the vehicle caught fire on a highway in an eastern
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province. the driver evacuated the passengers including three children before the flames engulfed the entire bus in just three minutes. we're told officials believe the fire may have started when the tires overheated. nepal. at least 15 people are dead after a plane crashed in the himalayan mountains. officials say it broke into pieces but did not catch fire. the aircraft was turning to land at an airport when it went down just yards from an army camp. rescuers rushed survivors to the hospital. georgia. flooding near the capital city killing at least
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1096 riders set the new mark for the most people spinning in one place at one time. according to guinness, that beats the previous record set in minneapolis two years ago. that's a wrap on this fox trip around the world in 80 "around 0 seconds." >> well, a car and its driver plunged into a family's swimming pool after crashing through a cinder block wall. happened early yesterday morning just east of los angeles. here is the picture. cops say a man drove his silver lexus through an intersection through the wall family's backyard as the story goes, he climbed out of wreck with you about minor injuries. crews used a crane to get the pool out of the pool there. arrested the 40-year-old driver on suspicion of driving under the influence. there were beer cans floating in the pool. the space shuttle enterprise is one step closer to its final resting place after
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engineers removed t from the back of a 747 at new york's jfk airport it took about 8 hours they told us. nasa crews hooked up special rigging to two cranes and lifted the shuttle and backed it into a storage hanger. enterprise got to jfk two weeks ago after a piggy back flight from d.c. next month the final leg of its journey when a tug boat takes it through new york harbor through the intrepid sea, air and space museum. a man on trial accused now of strangling his wife. at one point his lawyer said it could have been the result of a spray tan gone bad. a murder. now they have a new defense. we'll have about that. and the man's 911 call the night he claims he found his wife unresponsive on the bathroom floor. it's next on fox report. at bank of america, we're lending and investing in communities across the country.
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>> shepard: opening statements today in the trial of a man whose defense team once claimed that a spray tan might have killed his wife. seems the story has now changed. the defense is now arguing that the man's wife died of heart failure, not spray tan something or other. it happened in 2007. at this couple's home in south florida. the real estate developer said he woke up to find his wife unconscious on the bathroom floor. he broke down today in court as he listened to his own emotional call to 911. here. >> >> shepard: his attorneys the idea that his wife had a
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deadly allergic reaction to spray tab. defense attorneys didn't mention that once the trial opened today. instead, prosecutors brought up the bizarre theory attacking it right out of the gate. phil keating is covering the trial live in miami this evening. this spray tan issue will still play an important issue in the case, right? >> that's because defense investigators will testify they found small pieces of spray tan evidence on a magazine and a tiny smudge on the wall indicating no sign of a struggle. and, thus, no murder inside the courtroom today on day one of the murder trial. adam coffman appeared quite confident that the defense thrust now that elena kaufman's own medical condition caused her to collapse on a bathroom magazine rack, which thanks to gravity accidently asphyxiated her. >> the bottom line is the state cannot prove yard that a crime was even committed in this case the state's evidence is weak, conflicting inaccurate and they cannot
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charge the elements of this case. >> and defense attorneys aggressively cross-examining today saying rookie mistakes botched this investigation from the start and paramedics took a full half hour just to get to the scene, shep. >> prosecutors are arguing that the defense theory of accidental strangulation here just doesn't jive with her injuries. >> the two miami-dade medical examiner a year and a half to finally conclude but did he but it was mechanical strangulation that is supported by the evidence, not an accident. and he says the autopsy photos of her eyeballs show tiny red dots consistent with strangulation. on the stand, first responders testified that adam kaufman that morning kept changing his story. >> i took note of it because it was completely different from the other story he had told me. >> okay. >> this time he mentioned the patient being slumped over a magazine rack. when clearly he told me she was humped over the toilet. >> late today was revealed that the judge that the twin brother of kaufman and another
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witness for the defense were actually caught watching a live feet of the trial and testimony out in the hallway. a very angry judge says she will address that first thing in the morning, shep. >> shepard: phil keating, thanks. the same south florida courtroom where all of that is going on is courtroom 4-1 in miami-dade's justice building. it has hosted a lot of high profile defendants, going back for decades. in fact, in 1970, a jury in that courtroom convicted the rocker jim morrison of indecent exposure at a concert in miami. the serial killer ted bundy stood trial there for assault in 1979. years after a west coast jury acquitted o.j. simpson, a jury cleared him on caves road rage. he is locked up for kidnapping and robbery. one of the stars tv show modern family just went through live saving surgery. we will tell you how it went down and why that actor says quote i am one of the luckiest people in the world. off vietnam in 1968.
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phillips'. >> shepard: you are watching america's leading news on cable, this is the fox report. young actress from the hit sitcom modern family has just revealed that she received a new kidney from a member of her own family. sarah plays one of the teen daughters on the abc show. the actress told good morning america she suffered a worsening kidney disease which has often left her exhausted on the job. >> you are sick and you still go to work and in between takes you sit down or you lay your head down or something. like when haley walks up the stairs, that's like my work out for the week. >> shepard: during a search for potential kidney donors, she learned her own father was a match. doctors performed the transplant last month. actress now recovering and says she is doing just fine. well, big fox is bringing in the big guns for the new season of x factor. today made it official britney spears and demi lovato are joining the singing
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competition as judges. gossip site tmz is reporting britney will get $15 million for one season of work. good grief. you have may remember simon cowell left that gig to start x factor. before we go our team's top five things of the day. doctor warns this air cut which covers one eye could actually give you lazy eye. good grief. number four, the facebook ceo mark zuckerberg turned 28 years old today. set to initial public offering this week. roger clemens former trainer testified at the perjury trial that he did inject clemens with steroids, that conflicts with clemens own testimony in front of congress. number two, lawyers for the former senator and democratic presidential hopeful john edwards say their client could take the stand in his corruption trial tomorrow and number one, j.p. morgan chase ceo is set to host his company's annual shareholder meeting tomorrow and likely
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address that recent $2 billion trading loss. and that's "the fox report's" top five. and on this day in 1796, the country doctor in great britain conducted the world's first test of a vaccine for small pox. his name was edward jenner. and while he was still a medical student, he noticed that milk maids who had contracted a disease called cow pox never caught small pox. he rubbed cow pox into the boy. a month later he he exposed the boy to small pox. it worked. he never got the disease. 1979 scientists declared this they had finally he eradicated small pox. to this day jenner is knowns at father of immune nothing and it is says his work saved more lives than the work of any other man ever. but a doctor started a medical revolu

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