tv Shepard Smith Reporting FOX News November 4, 2013 12:00pm-1:01pm PST
wouldibility have helped ineptitude comes from the top down. i'm gretchen carlson, shepherd smith reporting now from the fox news desk. >> word of a secret memo on obama care that dates to three years ago. it contains a warning about the president's plan and why it might not work. we'll have it for you. plus a pro football player accused of bullying a teammate. now the coaches are giving that alleged bully a time out. so what did he do?that's ahead. and in social security is in so much trouble, it's probably not helping. the government is paying tens of millions of dollars in benefits to people who no longer breathe. dead people, with tens of millions of dollars. why it's happening and what the feds say about it. let's get to it. breaking news, shepard smith reporting live from the fox news
desk. and good monday afternoon to you. you've been following along with us, i'm guessing, out of central connecticut state university where they've been under an emergency alert. the school twitter account said that police were looking for a suspicious person with a gun. there has not been a shooting as far as we know. there's been no active shooter. that's according to -- cops have three men now in custody. we can't confirm that at this point on our own. but i can confirm what's coming in on twitter. again, authorities seem to be a little bit behind the students. how much of this can we confirm? we know there are 400 people who live in that building. that's from james hall at ccu. reports of a suspicious person carrying a gun has been released, all on the campus need to stay indoors and stay put until further notice.
now we have gotten a vine in, these little short videos that show activity. what are we seeing? >> a student who i think presumably is across the street, she said she saw a large s.w.a.t. team go into what i think is j. hall across the street. she's been watching out the window and sort of live tweeting i it @some of her friends. >> we're waiting to find out from authorities if they actually do have somebody in custody. there were conflicting reports about one, two or three. one witness said that the suspect has snakebite piercings, piercings through the face usually right under the person's lips. school officials have been asking people to shelter in place, stay in lockdown, stay away from windows and all the
rest. when we have more, we'll bring it to you out of connecticut. we have just gotten word in the last ten seconds from authorities that there is a suspect in custody. and for now at least i believe the lockdown remains in place. the new information comes to us from the mayor of new britton, connecticut. and it's in the top of our urgent queue. new britton's mayor tim o'brien says the suspect in custody, but the all clear on campus has not yet been given. much more on this throughout the hour. it sounds as if what was a difficult situation on campus there has now narrowed down as a suspect is in custody. the white house has a heads up that obama care was amisyears before last months bungled website rollout.
that confi in his memo, advisor david cutler wrote, i do not believe the relevant members of the administration understand the president's vision or have the capacity to carry it out. he even suggested that the specific changes, he said, could help the new health care law's rollout go smoothly. and he cautioned, i strongly encourage you to make changes now before you are too late to get the outcomes we need. but according to a lengthy investigation in the "washington post" newspaper, the white house ignored the warnings. move forward three years, those warnings become reality. a website that could not handle the large numbers of people logging on. the white house says it will have those problems fixed by the end of this month. that's been the promise, and the author of the memo about what i just spoke tells fox news, clearly the rollout was not as smooth as it should have been.
but there is still time to recover. i believe this law is a very important positive step for the country. let's get to ed henry, who's live with us from the white house this afternoon. does the white house deny that such a blunt warning came in, ed? >> no, shep, they don't deny that, but what they refuse to do is really explain why they missed these warning signs and why they didn't put one person in charge of this rollout and responsible and accountable for making sure that the president's signature domestic achievement actually rolled out smoothly. in fact david cutler went on to say this is basically the biggest start up in the world and yet they didn't put ning who had dealt with the startup or anyone who had ever run a business in america in charge of this thing. >> there's no question that when it comes to the launching of the
website, that more should have been done in order to children that it would function effectively. i think that's pretty obvious. >> that's pretty obvious, but why they didn't put someone in charge sooner is not so obvious. a key advisor to the president is now in charge of fixing that website by the end of no, but attend of year, he's supposed to come over here to the white house and work in an economic post. so they will be looking for someone else to be taking over that. >> the entire rollout is a disaster, not just the rollout on the website. >> sure, because you have that republicans who have been against that law. you also have these questions that are still lingering about the president's own credibility from three years ago, selling this, by saying if you like your plan, you'll be able to keep the plan, we have obviously seen that has not worked out for all. some, in fact hundreds of
thousands getting cancellation letters now. >> i'm calling on the president now to say let's have a time-out on this, mr. president, you call a time-out on this. convene a group of bipartisan leaders to address health care concerns in this country because this is not working. >> white house aides today insisting they will not have a time-out, they will not stop this law, they're trying to fix it rather than slow it down. but where they're going to see pressure is not just from republicans, but you got a lot ten senate democrats now calling for some changes to this law, maybe extending the enrollment deadline beyond march 24 because of all these website problems. >> ed henry at the white house. thanks very much. the system of friday's shooting at los angeles international airport is still under heavy sedation after cops shot him four times including once in the mouth.
the fbi is still working to figure out why this unemployed motorcycle mechanic targeted the transportation security administration. the feds say the suspect, this guy, paul ciancia shot and killed a tsa officer at the security checkpoint there at terminal 3 at l.a.x. they say he then fired on -- fbi officials say that the suspect carried a handwritten note which state he wanted to kill tsa officers and instill fear in their, quote, traitorous minds. one law enforcement official tells the ap that he also wrote that he was a, quote, patriot who was upset with janet napolitano. charges could get him the death penalty. we're now hearing from a pregnant army wife who cops say was video chatting with her husband when a man began
stabbing and beating her in her home. this began last week in el paso. we now have a video of her in the hospital. her husband was serving in southeast asia at the time of that attack. police say he called 911 and he could hear his wife screaming the name of the system. investigators say that suspect is a 19-year-old soldier stationed in el paso at ft. poli bliss. reports indicate doctors were able to perform a c-section and deliver her baby. >> i think the recovery is going pretty well, we have an amazingly strong daughter who's absolutely gorgeous. it means the world, sorry, it does, just being able to see her and know that she's doing just fine. >> and now her husband has return frtd overskaes to be with his wife and newborn daughter. let's get to rick lebenthal who
has an update on this from the newsroom. >> this was not a random attack. righ right because the suspect knew the couple. he had borrowed their car and owed them for repairless. rachel was able to call 911 and she was also able to yell the suspect's name to her husband who's in asia, where he's stationed with the army. she was video chatting with him over face time. that line was still open while she was being stabbed. so he's yelling his name and he hears it. he goes on to facebook and using rather graphic language to his foal toe -- if you are seeing this message, find out what f'ing hospital my wife is at cory moss, an army private in training is then caught, returning to base by military police and he's now charged with criminal attempted capital
murder and held on $150,000 bond. >> how are the mother and newborn doing, rick? >> rachel's been upgraded, she's in stable condition, she clearly has a long recovery ahead, from multiple stab wounds, fractures to her face and to her body. she also had a collapsed lung during that attack. >> we want the people of the world to continue and pray and leave messages on our facebook pages. >> justin also said that he feels really guilty about being in asia when his wife was attacked. he says he failed her by not being there, and he says it won't happen again. an nfl coach collapses in front of thousands of fan s at halftime. ahead what we now about his condition. and a backup quarterback
does something on the field that only a few players had ever before done. and online dating. guys the pickiest women in the country and the least picky women in the country live in two cities that are about that far apart. we'll have that for you ahead on this monday. shepard smith reporting. huma. even when weross our t's and dot our i's, we still run into problems. namely, other humans. which is why, at liberty mutual insurance, auto policies come with new car replacement and accident forgiveness if you qualify. see what else comes standard at libertymutual.com. liberty mutual insurance. responsibility. what's your policy?
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from the fox news desk. this just in, justice in the case of the murder of an nfl star, shawn taylor. in florida, they have just convicted one of his killers. this was the jury's fourth day of deliberations. so who's been convicted? let's get right to phil keating in our florida newsroom this amp with the breaking details. phil? >> reporter: this is a major defeat for the prosecution's efforts because eric rivera jr. who's the first of a group of young men from ft. myers to go on trial in the botched burglary and murder of the defenses back star and washington red skins pro bowler shawn taylor is not going to be spending life in prison. he was not convicted by this jury of 12 people. after about 20 hours of deliberating over four days on first-degree murder, instead they came back just moments ago with a second-degree murder conviction. clearly they had difficulty determining whether eric rivera
jr. who showed not much more of a reaction during the reading of the verdict than that. he had a videotaped confession, prosecutors did of rivera saying he pulled the trigger six years ago this month when suddenly he was surprised inside the home of shawn taylor that shawn taylor comes out of the bedroom with a machete and that's when prosecutors say rivera shot him in the leg, and no gun and despite the confession, the jury only giving him second-degree murder. the miami dolphins have indefinitely suspended a player over accusations of bullying. the dolphins announced that the offensive guard ritchie incognito's suspension came shortly after night. just after the fish and the nfl were investigating the reported bullying of another dolphin's player, the offensive lineman
jonathan martin. teammates reportedly got up and left the table as soon as he salt down. the dolphins released this statement. we believe in maintain agriculture of respect for one another and as a result, we believe this decision is in the best interest of the organization at this time. sources tell fox sports that incogni incognito spent the text messages and voicemails that were both threatening and racially charged. steve hargan has the story for us. this story seems to have gotten more serious, really, the more we learn about it, steve. >> reporter: that's right, shepard, it's gotten more serious and a much bigger story as well. on monday here about a dozen satellite trucks where the dolphins practice inside that bubble. initially dolphins fans were puzzled by this story.
racist texts, physical threats, and phone messages, a very dark story indeed. now incognito himself says he's innocent, he says he's the victim of a vendetta by sportswriter. but it's been enough for the dolphins to suspend their forward guard. >> i want to show you some information i'm just getting in here, these are some tweets. thoughts and prayers to coach cub and his family tonight, that from john weeks, prayers go out to the family. and, wow, hope cube is okay. there's no better mana in the business. meantime, a scary moment at another nfl stadium when a coach collapsed on the field. it happened at halftime at the houston texans versus
indianapolis colts. coach kubiak suddenly collapsed. the texans general manager says that gary is alert, coherent and in good spirits. he is continuing to be evaluated and monitored. several coaches in the league including the current and former texans sent him their best on twitter and i mentioned some of those fweets right here just a moment ago. well, a backup nfl quarterback has put him in the history books after he -- he's nick foals t backup for the philadelphia eagles and says the only other time he's thrown that many td at that time was in a video game. nick foals joins a very short list of those who have done it in real life. including payton manning, he threw seven touchdown in the a game earlier this season. foals went into yesterday's game with just 12 and they took him out of the game as a mercy pull
with like eight or nine minutes left. it was extraordinary. and this offense that indiana did not have suddenly looked likes world champions over the weekend. it seems one other store chain already knows that you're probably going to do some of your holiday shopping online. this year trying to take advantage of the loss on sales but making shopping easier for all of us. tens of thousands of protesters in iran with one of the biggest protests in years. what's behind this outrage in iran? that's next.
to be one of the biggest anti-american rallies in years. a lot of these signs that they're holding say the same thing, america get out, death to america, that sort of thing. and all these protests really come on the heels of rowhani's this is america here, that's according to my stage crew and they're all sending the same message, even with smiles, it's all anti-american information. there's a picture of the burning of the american flag here. after this, this was the scene in 1979, after the hostages were taken and the rallies were significant then and frankly they're as significant now as we have seen in many years. this an iconic picture from 1979, u.s. cannot do anything about the hostages. that was then, this is now and things did not look good today in tehran. well, just in time for the holiday season, best buy's
embracing its image as a place where you can test out gadgets in its stores so you can decide if you want to buy it online for cheaper. and new television ads, the retailer the touting itself as the ultimate holiday show room. >> you've gone to best buy, the great show room floor, all this tech made him feel like a kid in a candy store. with low price guarantee, he knew he would never pay higher, now he's home with the family enjoying eggnog by the fire. >> last year the company's stock plunged amid concerns that he was losing sales to online retailers. now a new ceo is in charge and he's decided to bring it back. fox business n-- it's stock prices are up and it's sort of embraced the reality that everybody's not going to buy in brick and mortar. >> that's right, of the 7 million or the 6 -- they were
not going to buy something and they were going to buy online instead. so what best buy has decided to do, they said we're going to match those prices and they tell me they're focusing on the customer, allowing them to say, oh, you found it on amazon, you can actually buy it here for the same price. they're doing that hand to hand combat right there in the store. and other stores are experiencing similar issues and are doing the same thing. >> you're trying to offer a place where you can see something else you might want and because you're light there, you got to have it. >> that's right t convenience factor, absolutely. for those higher ticket items, people may be willing to pay just a little bit more in order to have that experience in store face to face. and target it's actually invested money in wi-fi in their stores, go, shop online, compare our prices, we'll give you the tools to do it and prove that
we're better. best buy's earnings were not bad, but amazon is up 22%. >> gi well, a college student missing for nearly two days found alive. trapped between two walls. detailings on the rescue coming it up. the boston red sox shaving off their playoff beards to help victims of the marathon bombing. [ male announcer ] this is pam.
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the military toppled him this past summer, his trial is now on hold until january. toronto's mayor is apologizing for getting hammered in public and making other mistakes. the toronto mayor rob ford says it does not include smoking crack. the boston red sox, david ortiz and shane victorino gave up their world championship beards for a good cause. gillette reports it will give $100,000 to the victims of the boston marathon bombings. hmmm. uh... yeah, can you find a take where it's a bit more dramatic on that last line, yeah? yeah i got it right here. someone help me!!! i have a flat tire!!! well it's good... good for me. what do you think?
officials have paid more than $130 million of our taxpayer money to people who were already dead. the report also indicates the federal employee retirement system gave more than $400 million to dead former workers. the post reports in some cases, relatives have spent the money and one man stole his dead father's benefits for 26 years. the problems reportedly often start with something called a death master file. which the social security administration is responsible for updating. a representative for that agency released a statement. it reads in parts, social security's accuracy rate with respect to the death report -- there are about 750 to 800 instances on average per month that are subsequently corrected. doug mcelway is live in washington. the post is also reporting that the government lists people as dead when they are very much
alive. >> yeah, and that, shep, might be a bigger hole to climb out of, pardon the pun, than what you have described here, in fact the post goes on to site, the specific case of one man, i think he lived in utah and the social security administration said he was dead, he said no, i'm very much alive. they ignored all of his pleas about this until he finally went to social just office in utah and said i'm alive. they gave him a piece of paper who said sign this and it said i'm alive. the trouble is, social security compiles this death master file but all of the -- it is very, very accurate in the big picture, but when you're dealing with 90 million or so people, even an error rate of .5% turns out to be a lot of people.
in the statement, a social security administration released a statement today, social security makes it clear to agencies and other agencies reporting the dmf that they should independently verify -- we cannot guarantee the completeness of the file saying we do not have a death record for all deceased individuals. . >> phillip siegel is a business attorney, he's also the former asian editor. this is a lot of money to be doling out to dead people. >> it sure is, but as doug mckell way said when you have such a huge number of social security payments, .5% seems
like a huge amount. >> it's more than a half a billion dollars. >> databases are only going to be as smart as the people who design the system and the people who are looking at the data that comes up and if you don't have spot checking, you're not going to catch everything. the death master file is partly compiled by obituary clippings from newspapers and that's not exactly a scientific way of figuring out if robert b. johnson is the same robert b. johnson that was getting the payments is the one who died. because you don't get a social security number with an obituary, so you're only going to be as precise as the data that's fed you. >> do you prosecute people who are abusive of this when they have people who died? i haven't seen any reports that indicate this. that might be a good start.
>> it might be a good start, and it good start as your reporter said to start doing some spot checks. you start with the database and then you've got to actually do some spot checking and maybe that's how they figured this out in the first place. but if you trust a computer completely, you're going to gets errors. the only way you're going to catch it 100% of the time and that's the hope, is to have human spot checkers. and then there's the report of dead but not dead. >> you go in and try to get some benefits a and they tell you you're dead. and someone had to write not dead on a piece of paper. we try and match signatures up. you might say, here's the file of the person who you say is dead, here's my signature on file, they don't match. that's a good way to figure out who you're talking about. human beings can match. >> phillip siegel, it's nice to
see you. thank you. friends of a new york university student stay he had been missing for nearly two days. turns out he had apparently fallen ten stories and gotten wedged in between two buildings. believe it or not this man is alive and in a hospital. he discovered the victim, the nyu sophomore in a scrawl space. the crawl space is between a 17 story dorm building and a five story parking garage. it took rescue workers an hour and a half to break through the wall and pull the guy to safety. david lee miller's been following this, and he's live in new york city for us this afternoon. fall ten stories and lived to tell about it, that's incredible. >> indeed, shepard, this whole story is incredible. this much is for certain. asher von cow is lucky to be alive. still not clear is how he got there.
friends say the nyu sophomore disappeared early saturday morning after a fire alarm evacuation. he was seen running up the stairs instead of leaving the building. friends reported vongtou missing saturday. >> had we not told the security guards, the three of us 19-year-old students to check the roof, they would not have found him for who knows how long and he would be dead right now. >> he was found on the roof and on sunday evening, a life saving discovery was made. the school said, one of our public safety sergeants in the course of his search of the building extended his search. according to reports he has a fractured pelvis and other injuries. officials say they still do not know how he got stuck in the first place.
a controversial case we have been covering. investigators say a husband shot his wife in a hospital bed after she had had three brain aneurisms that left her unable to speak. friends call it a mercy killing. but now he could spend the rest of his life behind bars. what exactly was this? the details were next. [ female announcer ] tide pods three-in-one detergent.
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this has been medifacts for post shredded wheat. so they're trying to pick a jury now in the case of a man in ohio who investigators say shot and killed his wife in her hospital bed. this happened in akron last year. august was the month. police say john wise walked into his wife's room at the akron general medical center and shot her. she died the next morning. a week earlier, she reportedly had three brain aneurisms that left her unable to speak. defense attorneys say john wise was insane at the time. friends have called it a mercy
killing. but experts say that's not a legal defense in the state of ohio. so far no word from prosecutors. as for wise, he could face life in prison. anna young is a former criminal defense attorney and prosecutor and live with us in our newsroom this afternoon. this one's tough to look at. she could not speak, but to suggest that it was a mercy killing, sounds to a lot of observers like a real stretch, anna. >> right, hi, shep, nice to see you. that's absolutely correct, mercy killings are not legal defenses in the state of ohio. so it's very sympathetic, but legally that's not going to cause john wise to be acquitted. my understanding is that he's pleading not guilty by reason of insanity. and the state of ohio followed the m'naghten rule. which is that he was so mentally ill at the time of the killing that he did not understand right from wrong. these kind of defenses are very difficult for the defense to
prevail on. they're only used 1% in criminal cases and they're rarely won for the defense. >> and you usually need some previous worth from doctors or that there was treatment of a severe, severe mental problem. is any of that in this case? >> absolutely. that's something that's really crucial. because at the end of the day, it's going to be about the experts. my understanding is that the defense attorney for mr. wise is saying that he was battling with depression and that he was depressed that he really didn't understand the wrongfulness of his conduct. but if he doesn't have the history to predicate that, it really is going to be a stretch to say, he has a bout of depression and kills hiss wife. the prosecutor is going to have to be very careful that the jury doesn't nullify, if there's no major nullification. because if the jury feels so sympathetic towards this man they may not want to convict.
that's really what it comes down to whether they want to or not. >> dr. michael a. prepresaro. he said please tell me that she's dead. there's terry henderson who said that he was a co-worker of john weis. the couple agreed they didn't want to live out their years bed rid on and disabled. he says that john wise suffered from nerve damage and particular bladder cancer. so they weren't in good health. but the fact remains, the law that says, if then in ohio that law doesn't exist. >> that's absolutely correct, shep. that law does not exist. as sympathetic as it is. there's no much sing as a mercy killing defense. that leads me to believe that that's good evidence for the prosecution. because the prosecution is going to rely upon those statements to say that mr. wise knew what he
was doing, he didn't want his wife to suffer, and that he took the matter and he took the law into his own hands by shooting her. and of course, that admission to the doctor asking is she dead, that implicates that he perhaps knew what he was doing. so the prosecution is going to use those statements to their advantage whereas the defense is really going to rely upon their experts to say that he didn't know what he was doing and therefore he shouldn't be guilty by reason of insanity. in my opinion, it's going to be a far stretch. it's going to be very difficult to win in this case gimp those facts. fox report now. secretary of state john kerry made a stop in saudi arabia to meet with leaders including king abdullah. egypt's military takeover, iran's nuclear program and so much more. india is set to launch a
spacecraft to mars. it's going to happen tomorrow. there they are getting ready for it over there. if successful, india would become just the fourth country or group of countries to reach the red planet after the united states, russia and europe. and the pentagon is handing over the plan of a sophisticated navy destroyer to captain kirk. his nickname is captain a. kirk. the navy spokesman says the real captain kirk is looking for a chief engineer named scottie. did you hear, did you catch that solar eclipse over the weekend? it was kind of a weird thing, daytime sort of thing. scientists say this one is rare, the kind of eclipse that comes only once in a decade. we'll explain why in just a moment. 4/7, but there are no branches? 24/7. i'm sorry, i'm just really reluctant to try new things. really?
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more than 400,000 women, and it turns out ladies from brooklyn are the pickiest in the nation. a recent pugh research study shows 9% of you as adults have used dating sites this year, that's three times as many as in 2008. kennedy joins us now. . >> they're really picky. they're only a river away. a river and a water way. i guess brooklyn are the pickiest ladies. >> jersey city. all you have to do is go across the bridge to jersey city. and you find the at least pickiest women. las vegas, they're not responding to dating requests, they're answering craigslist
ads. >> what else does this tell us if anything? i don't understand. what i do they mean when they say pickiest? >> it means women don't pond to online dating requests because they're inundated with overtly sexual messages. apparently that's the -- these are women who are so sick of 35-year-old men who have full beards that smell like arrest cheese. >> but in j.c., stinky band members who want to drain your wallet for beers is okay. >> it's not going to be your higher end beverages. >> you wonder, jersey city and brooklyn are pretty close. and they're sort of -- i don't know, we're all sort of similar around here, aren't we? .
>> for women who are looking for love, they want people who are a little more established and in jersey city, they're maybe a little more laid back and polite. >> have you been to washington lately? >> washington? >> d.c. >> y i just went over the weekend and there's absolutely no news value in this at all. >> what was your time? >> it was an hour faster than hers. >> do you recognize this? >> yes, the world war ii. #
keep scrolling through, john. is this just a lake there, i think the new martin luther king is more. that is another look at the lincoln with all the folks about. and there is one picture, everybody who goes to the world war ii memorial has to tap by their state and have their obligatory picture taken. >> how it your team do? >> they were off. and dad, thank you for your service. but there were a lot of terrific veterans who were there and it was great to meet all of you who we met. we'll be right back. ped you really love, what would you do?" ♪ [ woman ] i'd be a writer. [ man ] i'd be a baker. [ woman ] i wanna be a pie maker. [ man ] i wanna be a pilot. [ woman ] i'd be an architect. what if i told you someone could pay you and what if that person were you? ♪
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a crew located stairs leading to a burial team, they would later find the king's body inside a gold coffin. but scientists got one step closer 91 years ago today. that's it for this hour. i'll see you when breaking news changes everything. millions of americans are already losing their health care coverage. now word we ain't seen nothing yet. welcome, everybody. be prepared to be shocked with 189 million americans on private health insurance, there is a health expert today predicting two out of three won't be an for keep it, that their plans that the president said they would be able to keep, they will not be able to keep. it that works out to 129 million americans. so is it any wonder the president barely will mentioned the health care law while campaigning for terry mcauliffe in virginia. we'll ask the