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tv   Studio B With Shepard Smith  FOX News  February 7, 2012 3:00pm-4:00pm EST

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>>megyn: it has come to this, can you tell, megyn, congratulations to shepard smith on winning the super bowl. i would but he never reads his e-mails that is from darlene, the wolf, shepard smith. >>shepard: thank you. the news begins anew, on "studio b," new and incredibly graphic details of the powell family murder-suicide. before he killed himself and murdered his two sons in a fire, he attacked the children with a hatchet. the latest on this incredibly stubbing case. the g.o.p. presidential candidates rallying support ahead of three contests and the presidents show jittery video and rick santorum could do well in all of them. plus, a federal appeals court had a rule today that california same-sex marriage ban is
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unconstitutional. what does that mean for millions of americans? it is all ahead unless breaking news changes everything. on "studio b." but first from fox at 3:00 in new york, new details of the more-esque moments inside josh powell's home before he set himself and his children on fire. investigator say he attacked the boys with a hatchet, a tool normally used to split wood. he took a happen it to his son police say he only managed chop wounds to their heads and neck. the boys were badly hurt but still alive. the medical examiner reports they died of smoke inhalation as the house went up in flames and the five and seven-year-old were trapped and their father, determined to kill them. a depraved yet planned absent of violence according to the cops. in a voice mail he left to relatives he had this to say. >> this is josh.
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i'm going to say goodbye. i am not able to live without my sons and i am not able to go on anymore. i'm sorry to everyone i hurt. goodbye. >>shepard: he did not mention his missing wife, who disappeared back in 2009 the investigators named him a "person of interest" but the case is still open. and now from our seattle newsroom. what are we learning how this went to murder-suicide? >>reporter: well, police say that josh planned this at least for a couple of days and gave appear his son's games and toys to charity. that happened on saturday. he sent e-mails just before the murders telling relatives where he had moved his money recently, and the gasoline, ten gallons five spread an the house and five left in a can to be lit like a bomb but only after he hit both of his sons in the neck with an ax.
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>>shepard: there are new developments today, it is my understanding not case involving josh powell's father who is in jail on other charges? >>reporter: they want to talk to him. he has not been cooperative but they believe someone else knows something else about the case. the police were at the scene yesterday from utah and say the investigation continues and are desperate to give her family some answers. the police chief met with her parents yesterday to make that point. the focus may now shift to josh's father in child on child porn charges. investigators say there is a high probability someone else beside josh knows what happened to susan and she was asked yesterday, with all the circumstantial evidence, the chief was asked that they have against him, why wasn't he arrested and charged before he murdered the two boys. >> when you charge on criminal cases especially if it is a him
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side, murder, whatever it is, without a body, it is mother difficult. so, you have to have more, a stronger case, to make those cases stick. it would have been a jury issue. >>reporter: the chief said this was the worse thing he has seen in 30 years of law enforcement and all the blame goes to josh powell. >>shepard: thank from our pacific northwest newsroom. the family say the children had started opening up about what they remembered the last time they saw their mother. susan powell's sister was aware that and jones us like from seattle. miss cox, very sorry. tell us to the degree you can what you knew about what was going on. >>guest: well, they were opening up to my parents and opening up to me, and they were being boys again, and they were playing and starting to love life again and not be so fearful
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about what they could and could not say. >>shepard: specifically, we know that there was the firm drawn of mommy in a vehicle. tell us whatever else you think might give insight. >>guest: well, when they said that in previous times, a year or so ago, mommy was looking for crystal and she did not come back or mommy was in a mine. it's obvious that they were there and they were coherent when josh did something to her. >> you are convinced job did something to her. not past you said it is your belief he drugged her? >>guest: right. >>shepard: and why is that your belief? >>guest: well, for one, he has never made dinner or done anything nice for her. he believes, his father and him
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believe women are inferior so they, he would not lit a finger to help her for anything. and when he made, when i was told he made them dinner that night that was the first red flag right this. >>shepard: a red flag? >>guest: right. >>shepard: did you speak with him about any of this or have conversations? i know he professed great parenting skills in the days before he killed his kids? >>guest: yes, yes, no, but when i, right after they went missing there was a vigil at my church and he showed up with charlie and i asked him if i could, you know, see charlie, because i had not seen either one of the boys and when he actually let me see charlie i was grateful but wondering why would he bring out charlie when it was pouring rain, it was
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really cold. he was letting the boys play with fire. he was letting them play with the candles. >>shepard: josh's sister left a note that says none of us could have anticipated the devastating tragedy that took place but what this unimaginable loss shows is that hate will never end well. hate kills. to which "hate" is she referring? >>guest: i believe she thinks that we, that we hated josh. at the beginning we did not suspect anything until ... other than me ... until josh would not cooperate with the police because he was a man who always, i would say not a man but a boy, he was a boy that --. >>shepard: why do you say that? >>guest: what he has done is not a man's act.
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it is a little boy's act. what he has done is unimaginable for any man to do. i believe he was responsible, he is the kind of person who will not stop talking. he believes he knows everything about everything and when he was quiet that was another red flag this he knew something, he had done something because he was not talking to anybody, not cooperating, and, then, he moved about a month, i think, maybe less than a month after she went missing to another state, knowing full well where she was and she was not coming back. >>shepard: the missing million's sister with us from seattle. so very sorry, miss cox. thank you for being here. and now the legal panel about all of this, a former prosecutor arthur aidala and former
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criminal defense attorney, randy zelin. the story was that daddy took the kid on a midnight camping trip. right there, you know, something bad has happened. what can you do to compel the father, who is in jail, or anyone else to speak about this and try to find closer. >>arthur: midnight camping trip during a blizzard. maybe a midnight camping trip not blizzard ... if you look at what his dad is in jail for, for having not just pornographic photographs on his computer but pornographic photographs of the missing william, of susan, of his daughter in law. okay? now you have his son. clearly, what this says to me is, mental illness to some degree runs in that family. real, real, mental illness, the sister very nicely said he is not a man he's a boy.
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he's not a map or a boy but he is something that is not human. someone has to be very sick, the same way if you took a knife you would never stab yourself in the hand that would be the act of a sick person to hurt themselves. to kill yourself and your beautiful, precious, gems of children, obviously, his britain is wrong and i don't know if i will get in trouble saying this but if you look at the picture, he doesn't, he physically looks ... not 100 percent perfectly human. i don't though, he looks like, the face of someone who has a mental disability. >>randy: i will answer that question directly. what does the father do? he has an opportunity to get away with murder. because whether he was involved in her disappearance or not all he has to do is simply say, you let me out of here, i'll tell you where she is. and no one can dispute it. because the only person who may
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very well know where she is, is now dead. and that's what steven powell, he will say where she is and whether she is there or not and he will make himself a deal because he is in a no lose situation from a defendant sitting there in jail. >>arthur: they will not just give him the key to the jailhouse. they jut learned from joran van der sloot not to do that. >>randy: this ain't aruba and people want closure in this case and he has the perfect opportunity to buy himself closure. >>shepard: we will follow it. a lost abc for the presidential candidates today. three states voting for republican nominee. in two states it counts and san sap is back in the mix. again. some suggest that he has a chance to win this thing. the latest on the race. mçpñéh t
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no. well it is. in a high-risk area, there's a 1-in-4 chance homes like us will flood. i'm glad i got flood insurance. fred, you should look into it. i'm a risk-taker. [ female announcer ] only flood insurance covers floods. visit to learn your risk. >>shepard: colorado and minnesota have caucuses and in
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in month, a primary. the country frontrunner for the republican nomination won both colorado and minnesota four years ago but it is important to note, no delegates from the contest will count. at least until months from new. so, today it is about momentum. and new the country so far, romney 101 but a long way to go. the latest polls she rick santorum could have a have go night tonight. coverage begins now with news from denver. rick santorum doing the most traveling today. >>reporter: he is. rick santorum will be in all three states with contests tone. -- tonight and telling the crowd in colorado springs this is good for the conservative cause trying to draw the distinction between he and mitt romney and even clearer. he urged the crowd to get to the caucuses because it is all about town out. >> you have an opportunity to
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reset this race, you have an opportunity to put the best person forward who can defeat president obama. tonight. >>reporter: if he place as strong second here, it my not be a surprise to the romney camp who is the only candidate watching runs here in colorado and he is popular here but there is an evangelical christian pocket in colorado and they attend party events and same for tea party and the candidates are aware. >>shepard: and newt gingrich is slipping, in ohio but that is not for a month. >>reporter: and he says this morning in reference to the contest that he will finish at the middle of the pack and expects rick santorum to have a good day and he emphasized that this is a marathon, that he expects to run to california which doesn't have their primary until june which is why when we heard from him he was in ohio, a super tuesday primary state early voting beginning today with the former speaker strongly
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urging the crud to -- crowd to participate in. >> with your help if we win the ohio primary and a poll shows i am ahead by a tiny margin, so, we need your help to make it a bigger margin. >>reporter: as for ron paul he had a quiet day, with in public events but he has had a fairly good republican with caucuses and he is hoping history repeats itself. >>shepard: thank you from mile high newsroom. and mike is in minnesota talking to likely caucus goers. >>reporter: we fund two camps of caucus goers. the first camp, whether they support santorum or gingrich or romney care about picking a candidate who they believe can beat president obama.
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>> he is our best chance to beat obama. that has to be the priority. >> the number one goal for any republican. so whoever can have the best chance of that is who we will vote for. >>reporter: the other camp is a last young people and they believe very passionately in the things that ron paul believes. and that is his pay intermediate for investing five years on the ground and tapping into the independent voters in minnesota. his people are very motivated and they could she up at the caucus site and make a difference. >>shepard: analysts say minnesota is a difficult state to predict. >>reporter: it is. in the past minnesota came late in the game when a candidate had been all but decided so there is a new level of excitement and that could change the numbers of the people showing up. the only polling done here has been done by the left-leaning public policies polling organization. that has shown a steady trend of rick santorum moving into the lead but what will really make
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the difference is the guy who can organize his people and motivate them to she up at the caucus site. >>shepard: thank you from minnesota, thank you. when the supreme court ruled that the super pac's could spend all the machine they want on elections, president obama said that was a mistake. and now he is telling his supporters to go ahead and give your money to those groups. that is ahead. look! the phillips' lady!
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>>shepard: millions of americans feeling the effects of the foreclosure crisis but today we got word of a massive settlement that could ease the pain for homeowners in 40 states. the five largest mortgage lenders on the screen here have agreed to spend $17 billion if relief for americans who owe more money than their homes are actually worth. those companies will also hand out checks worth about $2,000 each to people would lost their homes in a foreclosure. this comes after bad lending practices came to light including what we know as robo signing, a system where banks approved certain loans without going through the prop verification. but a few states have not yet
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signed on to the settlement including new york, california, and nevada. the attorney general in nevada says the homeowners there deserve a better dole. and now the founder and c.e.o. of a firm that advises and a professor of american military university. how good is this? >>guest: great if you are a bank. we have not gone through the investigation yet to know to what degree and what scope this problem really exists, not to pension to determine what the actual loss is to individuals who potentially could have been hurt by fraudulent activity. >>shepard: if people want to take advantage of this, what are they supposed it do? with whom do they speak or write? >>guest: if this comes into, becomes legislation and federal judge scenes off on it they have to contact their bank directly, and, i actually called we chase and bank of america this morning and asked for information related to the refinance component because there is
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supposed to one for burrowers underwater and they don't have details related to that. there are 11 million people, today, who have homes underwater in the country, most of those are in california which is a reason why california does not want, they went a better deal and this is estimated to reach less than 10 percent of those, a government number which we know is everinflighted how farm the programs reap. >>shepard: california has not signed on and i think that is a crucial state. >>guest: it drops the liability by the banks by $6 billion in california just itself if they do not sign on. $6 billion less. >>shepard: and nevada needs this, they are in worst shape all. >>guest: in terms of number of foreclosures but california actually has the most number of loans underwater in the country, and most homeowners in california who are underwater are overby more than 40 percent so if they got $20,000 build principle rereduction many of them say there is no way i can recover. >>shepard: big picture, it
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feels like things are getting better. are they? or not? >>guest: in the housing market not is much. if you are a landlord they are, rents are increasing but if you are a home owner nationwide, no, it is not improving. >>shepard: oh, well. seems better in objection ford. nice to see you, dani. senator john mccain is proposing a possible game changing strategy in syria. we will look at what the arizona center wants to do there own a day we learn about new government sponsored murders especially in one city, plus, an appeals court has just weighed in on california's controversial same sex marriage ban. the people voted on it if a referendum and they said same sex marriage was illegal but, now, that's ruled unconstitutional. a live report on rules and reaction from both sides.
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♪ [ gong ] strawberry banana! [ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8. >>shepard: this is "studio b" at the bottom of the hour. time for the to top of the news. the republican senator john mccain from arizona called for the united states to consider
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arming the opposition in syria. senator john mccain made the comments ahead of a meeting with the israeli foreign minister. and a number of western and arab nations today followed the united states in pulling their ambassadors from syria. they say looting syrian -- they say booting syrian diplomats because damascus has rejected all attempts to end the slaughter of their own people. and then russia. now has been a major weapons supplier to syria since the soviet days and tens of billions worth. and it also just vetoed a u.n. security council resolution calling for the syrian people to not be killed any more. for the syrian government to stop the bloodshed. and, today, the kremlin sent the top diplomat to meet with their president assad. activists say syrian troops today killed at least another 15 people. we are also today the crackdown has killed up to 7,000 since march. fox news cannot independently
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verify that. and now to the chief fox correspondent who has been following the in us from syria all day. strong words from senator john mccain. who thinks we should arm the opposition just as russia has armed the government. >>jonathan: very strong words from senator john mccain and the idea of giving weapons to the syrian opposition is something that has been discussed by many analysts but for such an influential senator to raise it publicly takes that debate to a completely new level so he today is not pulling any punches. listen. >> i think we should have a contact group, a joint coalition, and, also, we should start considering all options including arm willing the opposition. the bloodletting has to step. >>jonathan: the violence has to stop is a retrain we have heard again and again from every u.s. administration official involved in trying to sort out the situation in syria. as for arming rebels, the white
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house spokesman has spoken to that and said it is not a step that is being considered right now. >>shepard: our state department used to call assad a "reformer." today, the russian foreign minister said that assad is committed to reform. does anyone believe that? >>jonathan: possibly the russian foreign minister. president assad said the same thing to the arab league, saying there will be constitutional reforms and parliamentary elections and the violence will stop. that has not happened. nobody theys what he said allegedly to the russian foreign minister will happen. president assad's wife sent an e-mail to our corporate cousin, identity times of london saying she supports her husband as president of syria and adding she is equally involved in bridging gaps and encouraging dialogue and she listens to and
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comforts the families of the victims of the violence. she, of course, was born in britain and educated in britain and people wonder how she can stand by and watch this violence. >>shepard: you wonder, and now, a former senior director of middle east affairs at the national security council and has served as a special assistant to the secretary of state condoleeza rice and powell. we have been talking about this for a number of days and it appears, i don't if the timing stands up, but the russians and the chinese vetoed the secure resolution. the united states said there will be no troops on the ground. and, now, assad, it appears, has stepped up the attack and is trying to wipe out the people who are resisting if homes. >> that is right and it seems clear that assad feels this gives him a free hand or a moment of opportunity to try to bring this war that he is waging against his own people to a close and what we see is the
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united states and others scrambling for options. we have ruled out military intervention. we heard jake carney rule out arming the opposition for now, but what we have not heard is, so, what do we do from here? we have heard that they are looking to put together a coalition of the willing, that somehow increases the pressure on assad but it sounds like when you read between the lines there is in plan (b) at this point and they are trying to formulate that behind closed doors. >>shepard: to there is in planned (b) the slaughter will continue and you wonder docks we have ... do we know if the opposition is strong enough to withstand this? >>reporter: the opposition must be feeling despair and they will feel they have no choice but to officer their own fight against the regime. and what we have to be careful of, what policymakers need to be careful of, you are not comparing not great options like military intervention or arming the opposition against some
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hypothetical good obligation that does not exist. right new, you could be choosing among the least bad of lousy options. we cannot simply it is back and wait for some silver bullet to appear that is not there. >>shepard: well, figuring out what the "least bad," is the difficult part. especially when you consider our left with amending oppositions. you could look to to sandinistar the soviet union, and it is a miserable mess. >>guest: the question is, who are the opposition? who is it we would precisely be given the amendments -- arms to? what do we know of their intention for post assad? those are questions we need toes we hopefully should have answered before now. this has been going or for months and months and months and if we do not have answers today that is irresponsible. but the fact is there are other
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ways to think about this. for example, by not doing this directly ourselves but by doing it through allies who are closer to the situation who may have a better sent and we cannot neglect the political side in relating to the opposition politically and bolstering them and helping them to organize politically. >>shepard: managing director for the washington institute, again, very good of you, thank you. now a major civil rights decision in the state of california, what was decided, it doesn't matter that the people voted because this is unconstitutional. and that is you cannot tell one group of people can you not do something under the government unless you let all of the people do that something under the government. in this case it is marriage. and we are talking about straight people and gay people. and now from san francisco, where i am guessing the reagans is favorable today. >>guest: well, certainly it is gavable for gay rights activists who are celebrating another big win in the courts saying that
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today's ruling by the 9th circuit court is a victory for marriage equality and fundamental civil rights. veteran lawyer olson argued on behalf of two gay couples fighting to legally wed. >> it is about whether we are going to eliminate second-class citizenship, whether we are going to treat thousands, millions of our citizens as less equal, less respected, different, less entitled, isolateed. >> >>reporter: reporters of proposition 8 lash out in statements of their own saying "no court should presume to redefine marriage and no court should undercut the democratic process by taking the power to preserve matter out of the hands of the people." they are not surprised at the line of questioning during oral arguments which happened over a year ago indicated that court was leaning in this direction, and, the three 9th circuit
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judges who her the case are said to be among the most liberal and senior members. but, of course, their decision, not the final word. >>shepard: so what happens next? >>reporter: supporters say they will appeal and it is just a matter of where. they could ask for en b banc review, and they lose they will go to the u.s. supreme court which is where this was always intended to land. and it is almost certain that gay marriage in california will remain on hold while this legal ross plays out. >>shepard: thank you, claudia. well, super pac's allow millionaires and billionaires to control the nation along with corporations and unions and spend all the money they want in elections and leave us out and now president obama wants some much that cash. what is good for the goose is good for the gander. a live report from the white
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house yet.
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>>shepard: the republicans have used the super pacs in a big way and the president
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thought the ruling and idea was bad but now they using it he says he has to use it. they can spend unlimited amounts of money if they do not coordinate directly with the campaign and the supreme court made it legal in 2010 in a decision that president obama strongly opposed. of course there is a lot money at stake and the president wants in on it now that it is law. the campaign manager explaining it saying, we're not going to fight this fight with one hand tied behind our back. with so much at stake we cannot allow for two sets of rules. democrats cannot be unilaterally disarmed. but the president is facing criticism as you could imagine for what republicans are calling backtracking and compromising on principle. wendell with the news at the white house. how is the white house defending this? >>reporter: well they admit the president is holding his nose but his super pac wasn't raising much money without his blessing and he hopes that changes now he is giving it. press secretary carney says he
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will continue to push congress to change campaign finance laws. >> he is not saying the system is now healthy or good. he is saying, he is making the decision, the campaign is, that the rules are what they are and they will not play by a different set of rules than republicans are playing. >>reporter: the president and vice president will not speak themselfves or will their wives and what is difference with the republican super pac's those becoming democrats have to identify the die nors. >>shepard: political opponents are slamming this. why wouldn't they. >>reporter: well, republicans beating up on the president if what they see as hypocrisy. and here is former pennsylvania senator rick santorum. >> this is typical obama which is, whatever is necessary to get
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power. all about power. not a matter of principle or doing what is right but always doing what is best for him. >>reporter: it is not just republicans who are critical of this decision. firm wisconsin senator feingold co-all their of campaign finance law that the supreme court overturned, said that the president "is dancing with the devil," because republicans like mitt romney and his friends have and will spend more money. feingold predicts the decision will backfire by blunting his message that democrats differ with republicans on the issue of money and politics. >>shepard: thank you from the white house. jury selection underway new in the murder trial of a former college lacrosse player accused of killing his ex-girlfriend. you may recall in 2010 a roommate found 22-year-old yardley love beaten to death in their apartment near the university of virginia. police say her ex-boyfriend
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broke down the bedroom door, slammed her against the wall and left her there to die in a pool of her blood. the suspect's lawyer say they plan to argue driggs actually led to the victim's death and the tones claim a doctor prescribed the victim medication to treat an attention deficit disorder but when she took the drugs with alcohol that trying weed a heart problem. well, if the court finds the suspect guilty of first-degree murder he could spend life in prison. and now the legal panel, arthur and randy. i don't know what you thing of this defense. i guess it is an add drug that she took, i don't know ... >>arthur: i don't think much of it. i think that the evidence is going to be overwhelming that he is the over one who had the opportunity. that the reason, et cetera, et cetera, to commit this act, and what happens is when he walks out of the room, after allegedly
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she is attacked he takes her laptop, he commits another felony, after the murder, which now becomes, and we have the seem law in new york, if you kill somebody it is not first-degree murder, you kill swing while you are committing another felony it is first degree murder. >>shepard: that is special circumstances in california. >>arthur: who felonies at once, murder and any other felony so here it is murder and grand larceny, stealing the computer, therefore, it is murder in the first-degree. >>randy: you are right, here is the good news and bad news. bad news, the drug defense, good news, back in 2006 the f.d.a. had the black box warning which is the strongest warning with certain drugs they cause your heart rate to go up but in november of 2011 the f.d.a. said forget it there is in link so i would not go there. just go with the facts. kicking down the door, the shaking her, consistent with a kid loading his mine, a
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relationship going bad, there is no intent here, the jury will disregard the laptop, he took it because he wanted it torture himself and read the e-mails there is no intent here. this kid lost his mine in the heat of passion, manslaughter, one to ten not 20 to life. art at you say yes he did it but his mentality, what he did was not killer but to hurt her and to cause her serious physical injury and by mistake he killed her. that is different than what you are saying. >>randy: two ways, heat of passion, manslaughter or reckless. what will do it for him is the miss interview. he had in idea that she was dead. the miss will be his best witness. >>shepard: wait, now, first he broke down the door. and, then, he slammed her against the wall. >>randy: shaking her.
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>>shepard: you are looking live at giants stadium today, at the new york football percent around thanking thousands if not tens of thousands who showed up including the governor of the state of new jersey, and we will listen to this and maybe super eli will come up. and the president called tom coughlin this morning and that is heed in a minute.
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>> hopefully next year you will pick up your third ring! well, it doesn't matter what the score is or how time is left on the clock. if you need to come back, on a win, who do you call? eli. eli manning! (applause)
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>>shepard: and a lesson in grocery store shopping. cops arrest add 22-year-old man after a manager at the store found the man wearing nothing but chocolate peanut butter and black boots. according to the court documents he smeared the peanut butter around the store and spelling out the word "story," with bottles of nyqil. and the manager says it was a big mess and he was charged with criminal mischief and burglary and indecent exposure. that is it for "studio b" and back tonight for fox report at 7:00 eastern and log on


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