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tv   The Real Story With Gretchen Carlson  FOX News  July 23, 2015 11:00am-12:01pm PDT

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a company in maine a offering a beer brewed with lobster and sea sal. i'm not a beer drinker but -- >> a little lobster brine in the brew. that sounds good to me. >> you're for it? >> thanks for joining us. >> jamie is in with "the real story." that starts now. >> thanks guys so much. we'll start with the fox news alert because the donald has landed. presidential candidate donald trump is now in laredo texas planning to tour the u.s./mexico border. i'm jamie colby in for gretchen today and it's a jam-packed day for all the candidates on the campaign trail but we're waiting for trump to exit the plane. meanwhile, wisconsin governor scott walker is in california. karly fiorina is making stops in iowa. former florida governor jeb bush meeting with voters across new hampshire. senator ted cruz attending a rally near the white house. and donald trump visiting the southern border in laredo texas. mike emanuel has much more for
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us on that. first of all, let's start there mike and great to see you. what is senator cruz doing near the white house today? >> nice to see you. texas senator ted cruz spoke at a rally focused on opposition to the iran nuclear deal. >> barack obama's weakness and appeasement of the ayatollah khamenei increases the likelihood that millions of americans, millions of europeans, millions of israelis may die. >> reporter: former florida governor jeb bush is doing a town hall event in new hampshire talking about how he would like to change washington. jamie? >> and donald trump, what do you think? he's going to be getting off the plane. we're all waiting with bated breath. >> trump landed in laredo a few minutes ago where he is scheduled to tour the border and talk to reporters. the other headline is whether he would run as a third-party candidate. here is how mr. trump handled that third-party question
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recently in iowa. >> would you go on record today saying that if you can't get the republican nomination you will not run as a third-party candidate? >> no no no. i won't go on record as saying that. >> why not? >> i want this country -- this country has great potential but soon it's not going to have that potential because we're being drained by incompetent leaders, by horrible people. >> one republican candidate trump has battled with this week is south carolina senator lindsey graham. graham is expressing the concern that some things trump is saying could hurt republican chances to win the white house. >> he's one of the great showmen of our time. look at all these companies who hired him to sell their products. >> sure p.m.. >> some of the biggest named companies wanted to be associated with donald trump and then there's the presidential candidate, they're all firing him. he's become very toxic. >> he would not rule out a
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third-party run. >> we are waiting for drurch toonald trump to get off his plane in la laredo laredo. here some of the folks are coming off the plane. he isn't expected to speak but if he does we will listen to what he has to say. in the meantime tony a republican strategist and fox news contractor and ba sell is executive director of the new york democratic party, fair and balanced on this one. what can you really say? he is there on the border and we're covering it. job well done? >> i don't know what value added there is for him being there. he's already made the comments that he's made about mexicans coming into this country. i can't imagine they get more subdued than anything he's already said. and he's alienating not just a whole community of people but also the party he's trying to get the nomination from. >> just to let everyone know i would guess this baseball cap
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coming down which no doubt has either trump or one of the trump properties on it i would imagine, he is waving to the people who have come out to see the donald. tony he may have made some comments that were controversial, but at the same time we're talking a lot about border security and we may not have been doing that on a day like today with iran being so big in the news. what has he accomplished? >> look he struck a chord clearly, and as much as you think his comments were wrong-headed and i frankly do and you think his tune might have been potentially bigoted, and i think it was, he still light on an issue that even many republican primary voters think their own party have not done a good job in discussing which is that border security issue. before we begin changing laws and trying to make it easier for those here illegally to remain here why don't we address the fact we still have a porous border. i think it's something donald trump is shining the light on. he's also making sure and this
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is a very important point to remember that it's not a loss that you have a lot of republicans in this primary who truly feel none of these top tier generic structural candidates like a jeb bush like marco rubio are really talking to them. he's representing a populist part of the republican party who seriously cares about immigration reform and we're being told it's not an important issue by the elite. >> some of the families who have lost loved ones to illegals who have returned after being deported say that he is their voice, that he will be heard because he's donald trump and they won't. and so with all the other candidates i have told everyone that's watching where they are today. iowa new hampshire, the places you would expect presidential candidates to be. time is of the essence, every day counts. trump, who is said to be financing his own campaign is here at the border. >> he's doing it but he's talking about these issues in a way that demonizes a community of people that have been integral to the success of this
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country and i don't think there's any denying that. listen even the president of the united states has said we have to protect our borders. it's not that democrats have scheide away from this issue nor have we not talked about this issue, but i think the problem that exists here is that you have candidates like donald trump -- >> you think the problem is the candidates and not the security that people can come across the border? >> as i said even the president of the united states has said that we need to protect our borders -- >> but he's done nothing. you have border checkpoints 50 miles from the border in arizona and yuma and texas. this is not the way you secure the border. the only thing the president has done to actually reduce the amount of illegal immigrants is not really help us with our economy. we have the weakest economic recovery so therefore, the financial incentive is a lot less. >> hold that thought. hold that thought. let me just ask you one more question. rick perry is spending some time and attention on what donald trump is doing saying it's going to take more than a day trip to make a difference. he's been working on this issue
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for a long long time. you're strategists both of you, you advise candidates. good usage of his time and attention by the media to be talking about donald trump? >> no and i think -- but i think that's the big problem that republicans have. you cannot ignore donald trump in this instance and the more -- if you want to talk about bipartisanship the more donald trump is in the race and the republican candidates are not repudiating him, it takes away from substantive conversation. >> got to wrap it up. >> we've looked at polling and data. even hispanic americans believe you have to prioritize border security so discussing the border is a good thing for donald trump and this is not one who is going to hang his hat on an iowa win or a new hampshire win. it was a smart play. >> -- or any other republican -- >> it's a person not to be overlooked. great to see you both. >> great to see you. >> take care. meantime -- i forget you have
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all the fancy graphics. there are some new details to tell you about in the case of an illinois woman. she was found dead in a texas jail. it seems to be getting cloudier though the case. her name is sandra bland. she was found dead in her jail cell days after being charged with assaulting a state trooper during a traffic stop. her family is now disputing the medical examiner's ruling that her death was a suicide. but there are some newly released jail intake forms, and they mention that she tried to kill herself in the past. casey seegal brings us the details live in dallas. there's a lot of information on these forms. what should we be looking at in analyzing the case. >> it's really important that we look at this stuff as it pertains to suicide since that's what the police assert. her family suspects foul play. the specific documents show that sandra bland told officers she wasn't feeling suicidal at the
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time of her rest but look closely. she indicated she did attempt suicide last year by taking pills after losing a baby. on another form the same question was checked no. so the inconsistency raises even more questions for the skeptics who suggest that some sort of cover yun is happeningup is happening here. deputies say they found bland hanging in her cell by a plastic trash can liner, but her family insists the 28-year-old was happy and would not have taken her own life. they claim to be unaware of any conditions she was suffering from. >> i can tell you we take issue with the notion that she was suffering from depression. she was never clinically diagnosed as this family understands. everybody has hills and valleys and the bottom line is that there was no medication that we are aware of that she was taking. >> the fbi and the texas rangers both taking part in this active
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death investigation, jamie. >> so as the investigation continues, i understand the jail has been cited specifically for what casey? >> yeah. following the death, the texas commission on jail standards sent an inspector to the waller county jail which happens to be about 60 miles northwest of houston for perspective. that facility was found to not be in compliance in two different areas according to the agency. reports show that not all of the staff had undergone an annual mandatory two-hour suicide prevention course and that guards were also not visually checking on the inmates every hour. instead, apparently checking on them over an intercom system which is the last communication they had with bland before they found her body jamie. >> we're going it talk to our legal panel later about exactly what might have staped and who is liable. thank you so much casey. meanwhile, a congressional hearing is going on today
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discussing the targeting of conservative groups by the irs. also jurors are deciding the fate of james holmes. he was convicted of gunning down 12 people inside an aurora colorado movie theater. should holmes be put to death? the jury is pondering that question. the decision could come back at any time. plus an emotional farewell to an american hero. the body of lance corporal skip wells arriving to his hometown in georgia after the chattanooga shooting rampage that left so many unanswered questions.
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ed body of lance corporal skill. s arriving at the hartsfield-jackson international airport in atlanta before being transported by motorcade. the city of marietta closing down portions of a connector over interstate 75 so people ordinary people could honor this fallen hero. his body is heading for cobb county where he grew up. he was one of five killed last week when a gunman opened fire at two military sites in chattanooga. wells was texting his girlfriend at the time. his last message telling her about an active shooter situation. other news after conservative groups were unfairly targeted for audits by the irs two years ago, there's a news report finding it could happen again. a congressional hearing today examining the findings from a watch dog group that says lax oversight at the irs could put political and religious groups at risk because of their personal beliefs.
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but the irs commissioner did point out that the same report found no evidence any group had been improperly selected for audit. what's the deal? peter is live from washington. peter, i know you're getting to the bottom of this. tell me how quickly the culture at the irs is changing to try to protect conservative and other groups from being singled out. >> not very quickly, jamie. the commissioner explained when watch dog groups come forward with recommendations, the agency listens but it appears it's a slow process. months ago the government accountability office listed ten things the irs could do to ensure that nobody is ever unfairly targeted again. and so far they've only implemented two of them. >> when i have a list of this many recommendations that still need to be done it's awfully hard for me to tell the people in my district that yes, you can trust the irs. >> the gao has a new report out
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today that finds the irs also doesn't leave much of a paper trail behind when deciding who should be scrutinized and who should be audited, but the commissioner admits that's a problem they're working on. jamie? >> planned parenthood has been in the news certainly the last couple days. any talk about giving planned parenthood extra attention? >> yes. some lawmakers wanted to know why their tax exempt status is not being reviewed now that videos appear to show some planned parenthood employees making money in a way that nobody really knew about, human tissue sales, until recently. >> looking at the numbers and saying my god, do we really have a blind eye and a deaf ear to what's going on there, and are these people ever going to be audited? have you ever audited the planned parenthood? >> let me make just one clarification. any tax exempt organization can have unrelated business income. they have to pay tax on it. >> the commissioner tried to reassure lawmakers that if somebody gets audited from now
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on, it's just because of what's on their tax return not because of anything they say or do. jamie? >> thanks so much. great to see you peter doocy live in washington. we've been telling you a little bit about the mystery still surrounding the death of a woman in jail. it is now deepening with word of a haunting voice mail she apparently made from behind bars. there's also some newly released jail forms that mention a past suicide attempt. our legal panel will weigh in on all of the twists and turns in the case. what really happened? plus, john kerry is getting grilled today about the iran nuke deal on capitol hill. what he says will happen if congress does not approve the agreement presented. and don't look under your bed because this is a man who snuck into a woman's home while she was taking out the trash. you will not believe how long he stayed there, yeah under the bed. and what else he's accused of doing.
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that is what i'm talking about. baby. call and upgrade to get x1 today. ♪ back now to the case of sandra bland, the illinois woman found dead in a texas jail days after her arrest. a texas tv station says it now has a voice mail they say is from a call sandra bland made to a friend while she was behind bars. in it she says she can't believe what was happening to her, that quote, how does switching lanes with no signal turn into all of this? meanwhile, there's also newly released jail intake forms that have just been released and they show that bland had previously attempted suicide, but it isn't c personally filled out those forms or someone checking her in did. joining me now, diana, criminal defense attorney and steve, former new york city chief
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investigators. great to have both of you. a lot of questions particularly raised by the family. diana, what is required when a suspect is checked into a prison? do rules or the paperwork differ from state to state? >> so when somebody is booked on charges in a jail essentially the booking paperwork will include any medical conditions or any issues that might come up during the booking process. they're usually required to be cleared for booking by a sergeant or some supervisor to show they are of sound mind and essentially are medically able to sit in a cell and don't need to be transported to a hospital. so in this case that sounds like what they did was they went through, they went to the standard booking procedure, and they asked her the various questions that are standard on a booking form. however, it looks like there's some conflicting information on the various booking forms. usually those forms are filled out by the jailer or the person in charge of conducting the booking process and not by the suspect themselves.
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>> somebody has to make an observation and sign off on it and, you know, i'll ask you from a law enforcement point of view, steve, in this particular case i was stuck bystruck by the fact there was conflicting information. in the one place she said she had no medical condition, another place she said she was being treated for epilepsy. what steps should they have taken or might not they have taken given these unfortunate and fatal circumstances. >> those questionnaires and forms are designed to identify red flags and inconsistencies and it appears that didn't happen. generally a person in custody doesn't fill out their own form. it's usually the jailer and they're looking for things just like that. personally their history which would be noted and to see if they in any way, shape, or form have some sort of sue saidal tendency. >> look and i will get your quick response to the video of the stop. she ends up on the ground. legally i know the officer can
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do that to detain someone who maybe isn't following instructions but just in 20 seconds right or wrong is there a red flag there? >> well no police officer goes out and says i'm going to get into it with somebody on a motor vehicle stop. she didn't back down he didn't back down. they ended up in a verbal encounter and a physical one. she ended up on the ground. that's the safest place for the officer and for her during that conflict. >> i didn't practice criminal law but i covered a lot of cases. i don't understand why she was still behind bars three days later. i guess she couldn't make bail but it was a traffic stop. >> right. so basically what happened was the officer ordered her out of the vehicle, and there is no question he was over zealous and probably inappropriate in his conduct, but he does have the right to order her out of the vehicle for his own safety. she didn't comply with his order and that's failure to obey an order by a peace officer. then the argument by the prosecution is essentially that she is resisting arrest et cetera and that is why they ultimately brought her in on charges, and then what happens
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next is a judge who is presiding over the arraignment will decide what is an appropriate bail. bail was set at $5,000. she couldn't post bond. that's why she was still in. she was in on other charges. not for the traffic violation. >> thank you for clarifying that and the family is asking a lot of questions, asking for another autopsy as well. thanks so both of you. diana, steve, great to have you weigh in on that. could there be a bigger threat to the security of all of us than al qaeda? the fbi director seems to think so. find out who he says now poses the most dangerous risk to our country. secretary of state john kerry is on the defensive today trying to sell the iran nuke deal during a hearing that's going on on capitol hill but the plans blasted by the house speaker. >> they violated every one of their own guidelines. i just don't see how this does anything to keep americans safer.
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learn more from the district attorney at the top of the hour. keep it right here on fox for that. meanwhile, the white house is already speaking out vowing to veto lawmakers considering a bill that targets sanctuary cities moving to yank federal funds from cities and states that refuse that carry out our nation's immigration laws. james rosen is joining us live from the white house. good to see you james. the white house seems reluctant to just flat out condemn sanctuary cities. what do you think will happen? >> reporter: well good afternoon, jamie. the white house press secretary josh earnest was asked pointblank whether the obama administration has any problem with sarngnctuary cities which decline to enforce federal jurisdiction statutes with regard to immigration.
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he placed the blame on the republican controlled congress for failing to enact comprehensive immigration reform. >> so the when it comes to law enforcement and making sure that we are cracking down and focusing on those individuals who pose a threat to public safety it's the president who has done far more than anything congress has done. there's more that should be done and more that congress needs to do to put forward a comprehensive proposal to address many of these challenges. >> the white house reaffirmed the president's veto threat of that legislation to compel sanctuary cities to enforce federal immigration statutes. probably the president will prevail just given the math on the house and senate floor. >> quite a turnout on this including some of the president's cabinet members who were up on capitol hill about this. what's their role in all of this? they're trying to sell the iran deal but there's a lot of skeptical lawmakers. >> reporter: yeah. we saw three of the president's men on the witness stand before
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the senate foreign relations committee this morning, and it was rough sledding by any standards with republican critics of this deal telling secretary of state john kerry that he got, quote, fleeced and bamboozled by the iranians over the course of the 20 months of these nuclear negotiations and carriy and the other two cabinet officers arguing that not only did they get the best deal possible they got a deal that shuts down iran's ability to attain a nuclear weapons capability at least for the next 10 to 15 years. >> and i believe that you have crossed a new threshold in u.s. foreign policy where now it is the policy of the united states to enable a state sponsor of terror to obtain sophisticated industrial nuclear development program. >> we set out to dismantle their ability to be able to build a nuclear weapon and we've achieved that. nobody has ever talked about actually dismantleing their
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entire program. >> secretary kerry made the case not quite truthfully really that the obama administration inherited a situation where iran had 19,000 centrifuges. fox news' reporting showed 75% of the centrifuges were installed on the watch of the obama/biden administration but it might be secretary kerry thinks he has on his hands you might say a strange inheritance. back to you. >> i'm so glad you said that. that's really great, james. you saved me the trouble. nice to see you and i'm glad you're watching the show. take care. >> reporter: take care. i have to many friends here at fok and it's so great to be back with all of you today, too. let's talk a little bit about a startling discovery with the potential to scuttle the graeme with iran. the splinternational atomic energy agency is making two secret side deals with iran and refusing to share those secret details with anyone else including congress or you and me the american people.
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joining me now mike pomp pay yo and arkansas senator tom cotton. great to see both of you gentlemen. skr >> thank you. >> i know both of you participated in not only reviewing this deal but in the news of certain potential side deals. congressman, tell me first what you learned from secretary of state kerry about what he knows about these deals or has reviewed. >> so senator cotton and i had traveled to vienna last week and we learned of these skretecret side deals and i especially asked secretary kerry if he had read what was in the two side deals and he confirmed he had not read what was in the deal. so now we can say with absolute certainly there's no american official that has actually seen the full terms of the agreement that this president has signed off on. they're asking congress to vote for a deal that we can't even see and the american people will not have a chance to see either. >> and senator cotton why isn't
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the white house releasing that information? >> it's a bit of a mystery, jamie. because these are not small, technical details. it's not a question of process. this goes to the heart of the agreement. it goes to iran's past military work on their nuclear program and what they have done on the site where we believe they tested nuclear detonators. to give you a sense of how controversial these two issues were it went up to the last hour just a few days before the overall agreements a s awas announced that the iaea made these side agreements with iran. if congress doesn't obtain the text of these agreements i don't see how congress could vote on the deal. i don't see how any democrat or republican could say this is going to be an effective regime. >> it's 159-page agreement from what i understand congressman pompeo. why would there be the need for side deals, especially secret ones? >> jamie that's a fantastic question. senator cotton has it right. these side deals are about
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central issues. the administration has said these are just administrative they're about technical issues but that can't possibly be the case. these were hard fought negotiations and if it's just about the color of the buses the inspectors will drive in on why can't they be released? why would the iranians demand these documents be kept secret? >> are they going to stay secret senator? >> well i certainly hope they won't, and congressman pam pay yo and many others will be doing everything we can to insist the administration provide us these documents. the 60-day clock under which the administration claims to be operating right now really shouldn't have even begun to run yet. this means the president will not be able to lift sanctions or proceed with his agreement. they have a strong incentive to follow u.s. law regardless of the commitments they made in the past. >> it's a amazing it's just coming to light now. you almost have to hear it to
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believe it. i want to ask you about something else because national security is as important, certainly,s a foreign affairs and iran does pose a threat but the head of the fbi is saying that isis is a bigger threat to the u.s. than al qaeda. let's listen to this. >> the threat that eyeisil presents poses to the united states is different in kind type and degree than al qaeda. isil is not your parents' al qaeda. it's a very different model and by virtue of that model, it's currently the threat we're worrying about in the homeland most of all. >> congressman pompeo you have russia. i understand there were some flights over the u.s. in u.s. air space. you have iran as we talked about. what's really the threat the biggest threat that we have to worry about? does the director have it right? >> well jamie, i'm at least glad that the administration no longer believes isis is the junior varsity al qaeda and that they're beginning to take this
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issue seriously. it is difficult to rank order these threats that have arizing under the obama administration whether it's the russians the iranians isis or al qaeda. the list is long. every one of these situations have gotten more dangerous for the american people. >> senator, i'm not going to put you on the spot but you have donald trump who is a presidential candidate down at the border and you have other republican candidates in various cities talking to people about various issues iowa new hampshire. does anyone strike you as being able to handle this many foreign threats if they were to be president? >> well jamie, the issues you have already cited, islamic states iran russia is a murderer's row of threats. i think any one of the candidates will handle these better than barack obama or maybe more important handle them better than hillary clinton who is the author of the
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obama/clinton foreign policy. >> congressman pompeo and senator cotton i'm grateful for your time. thank you. >> thank you, jamie. >> thank you. well a fox news alert. the jury has reached a verdict in phase one of the james holmes trial. this is the sentencing phase. will he get life without possibility of parole or will he get death? he's the man convicted of fatally shooting 12 people inside that aurora colorado movie theater and injuring dozens others. the judge will take the bench at 2:45 in this hour and we are going to have much more on that when it happens. but first i get to check in with shepherd smith reporting live from the fox news deck. always great to see you. >> an epic discovery in space that scientists say could be the best yet. best place possible for alien life. and we aren't talking about signs of ice or microscopic bugs or anything like that.
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researchers say this planet that they found ise our own planet. one that could hold the same plants as earth and maybe even more. we'll get into that with the new details. plus we're on donald trump watch 2016. he's set to speak at the top of the hour at the texas/mexico border and he is apparently not at all pleased again are a some border agents canceled on this event at the very last minute. trump to speak, we'll cover it live top of the hour on "shepherd smith reporting." we are also following a cold case that could be solved thanks to a car that was found at the bottom of a lake. authorities don't believe it was a suicide or a murderer so how did a retired air force vet end up there? live. then a man sneaks into a woman's house. he hides under her bed. waits wait until you hear how long he was there. i'm sure it will surprise you as
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under the bed burglary you can't believe this story. trace gallagher is following all of the details. i don't know if i'm going to be able to sleep tonight, trace. >> reporter: listen they are big mysteries. the first one is the amish shook case. he was in his 40s, an air force vet and one day in 1972 he vanished in caldwell county north carolina. nobody knew if he left on his own or if he was the victim of foul play. he was just gone. his family searched for years without finding a shred of evidence so they gave up but recently his daughter asked authorities to reopen the cold case and they agreed. so without any specific tips police decided to use sonar to scan a popular lake and sure enough in 30 feet of water they
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found that 1968 pontiac catalina with amish shook's remains still inside. even his wallet was in the car. police don't think it was suicide or foul play just an unfortunate accident. they are conducting an autopsy on the remains but unless something remarkable turns up in the results, they plan to close the case of missing amish shook for good jamie. part one of our mystery tour today. >> you're saving the one about the mystery under the bed for last which is fine but this is another mystery. a man who died and was found with 1200 weapons in his house. >> it was right down the road here in very upscale pacific palisades. a body in an abandoned suv went unnoticed for more than two weeks. when police checked the car they traced the remains to a nearby townhouse and inside the home they sound 1200 rivesfe rifles
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shotguns and ammunition. his fiancee said she left him in the suv after he died of cancer on the fourth of july and she left him because she believed he was a secret agent for the u.s. government and that the government was tracking him and would likely find his body. the fiancee claims she lived with the mystery man for 17 years and he claimed he was an undercover operative. the fiancee said she would have gone right to police after he died baugh she was afraid they wouldn't believe her. she claims he has no idea where he got the 1200 guns. police don't know either but apparently they're all legal. cops don't believe the secret agent story but they also don't suspect any foul play. they think he did die of cancer. jamie? >> i was going to say don't give her my phone number and don't give this guy my address. can you please tell me about the under the bed burglar? >> this happened in spotswood new jersey. the suspect was identified as jason hubbard.
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he broke into the home by walking through an open door when one of the residents was taking out the trash. he hid under the bed in the spare room for five days while mom, dad, and son were inside the home. finally the dad heard a noise, looked under the bed, and found the burglar, then called the cops. it's get better. the burglar used to date his daughter and the room he was hiding in was the daughter's room. mom was not happy. listen. >> wouldn't you need to eat or drink? i think he just had water. >> under the bed. >> under the bed. i wasn't scared. >> just because you knew him. >> i was just angry. why joo >> there was an jutoutlet under the bed which was a good thing because the suspect has four cell phones he needed to charge. >> great wrap up trace. i want to get back to big news this hour. the first part of the sentencing verdict in the james holmes case in colorado is in.
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it's breaking news and we're going to have it for you on the other side of a quick break.
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fox news alert. the jury reaching the phase one part of the verdict sentencing, that is, of the james holmes trial. holmes is the man convict of fatally shooting 12 people inside an aurora, colorado, movie theater. we're live in colorado. what does this first phase include? >> reporter: this first phase has to do with the aggravating factors. the five factors the prosecute was trying to prove to the jury that qualified james holmes for the death penalty. that doesn't mean they're deciding whether or not he will
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receive the death pent or life in prison, what they're doing is trying to decide if he hits the mark where they can begin deliberating they would then move on to the mitigation phase in colorado, the jury hearing capital punishment cases has to hand down three different verdicts. we're moments away from the first verdict. mitigation is when experts and family and friend of james holmes take the stand to testify in his behalf to try to sway the jury away from the death pent spare his life. the judge hawse taken the bench and they're waiting for the jury. there are 24 houston's first degree murder. they have been merged into 12 because 12 people were killed. those are the only counts they're didding right now. >> the fact those is in three different phaseses to that mean
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it's harder to get the death penalty in colorado? >> the state o colorado is difficult for prosecutors to convince a jury. juries here are very reluctant to hand down the death penalty. the last time that colorado executed a convict was back in 1997, gary davis and it took ten years from the time the jury decided he should receive the death penalty for the actual execution. this is actually a very difficult bar for a prosecutors to hit in this state. >> just for the viewers the live picture in the courtroom at the top in the white shirl is james holmes, and everybody is standing-but as soon as the judge comes in and the jury comes in and they read the first, phase decision we'll let our viewers know what it is. a raging out of control wildfire in napa county, california, where they make the wine. has forced mandatory evacuations and thenned at least 150
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structures closing roads hundreds of firefighters trying to contain the flames. it's steep terrain and they're experience strong wind gusts. that's been slowing down the effort. officials believe a car accident sparked the fire but the official cause is still under investigation. a sigh of relief after the soyuz rocket launch getting postponed after the failure of a russian cargo ship. the russian soyuz capsule docking smoothly with the international space station. the rolf of the new crew members, american, russian, and japanese that means the space station hat a full crew for the first time in six weeks. box news alert. donald trump is set to speaks any minute now after arriving near a southern border in laredo texas.
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not backing down from conservatives as he doubles down on his call to secure our borders. we are monitoring that.
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fox news alert and our e courtroom for the decision, the verdict of the face one part of the sentencing of james holmes, who has stood trial and been convicted of murder in the colorado theater shootings. right now the jury is back in the courtroom and that decision about the penalty phase the first part of a three-part decision, should come at any moment right now. you can see everyone who is standing is seated. the judge will bring the jury back in, which they are and then that decision will be read. doesn't mean they'd decide today necessarily for death penalty or life in prison but could mean he is considered capable of moving forward to the second phase of the sentencing. i want to thank you for joining today on "the real story."
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see you again tonight at 9:00 p.m. eastern on fox business network for strange inheritance. here's shep. >> donald trump set to speak at any moment. live from texas border with mexico and this should be very interesting, not that isn't always interesting but today may even more so. the controversy with the border patrol agent now. have you heard? and is donald trump serious bat possible third party run? what would that do to republicans' chances trump live and analysis to come, plus, mystery in oklahoma. a couple of teenagerrers accused of murdering five relatives, is to being them to death in their own home. but a 13-year-old girl survived and she could give cops some clues about what happened. plus are we alone the universe? nasa's news today is

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