welcome to "al jazeera america." i'm john siegen that willer in new york. here are the top stories. virginia elected the next governor, democrat terry mcauliffe. he beat ken cuccinelli. the campaign atraekted a the lo of national attention. the president and vice president both stumped for mcauliffe while marco rubio campaigned for cuccinelli. a couple of other high profile races, republican chris christie won a second term as governor of new jersey. many say he's likely to run for the presidency in 2016. and new york city has elected its first democratic mayor in two decades, bill de blasio easily beat republican joe

lhota. the illinois legislature passed a bill recognizing same-sex marriages. pat quinn is expected to sign the bill into law. it will go into effect in june 2014, and it will make illinois the 15th state to legalize gay marriage. the mayor of toronto says he will stay in office and run again next year a day after rob ford admitted to smoking crack cocaine in office. police say a video of that was reported to them earlier this year. those are the headlines at this hour. "america tonight" is next. remember, you can get the latest headlines at aljazeera.com.

the border. a decision that grants government agents lethal force against protesters armed with rocks. ♪ >> good evening, and thanks for being with us. i'm joie chen. one of the best names in the treatment of dementia patients sits in a bigger debate, pharmaceutical companies, prescriptions and how doctors choose the medication they provide. johnson and johnson m settled about the government

from 2002 to 2003 there was an off-labor use of the drug not approved by the fda. it has been since approved for dementia and young patients as well. and it has been an enormously successful product. it had $24.2 billion from 2002 to 2010, but it was the off-label period that raised alarm. the marketing effort including compensation to doctors amounted to reckless endangerment of patients young and old. >> the kick packs undermines adjustment of healthcare providers. it provides incentive to increase the use of drugs potentially putting the health of some patients at risk. the companies put down the risk of risperdol.

put simply the alleged conduct is shameful and it is unacceptable. it displayed a reckless indifference to the safety of the american people, and it instituted a clear abuse of the public trust. >> joining us in the studio, patrick burns in taxpayers against fraud. this originated with a whistle blower, as it were, who brought it to the government's attention. but didn't quite get the government's attention. why was it a problem, and what does this tell us? >> well, wrestle blowers come to the government for examples of fraud, and the government often doesn't quite understand the fraud. fraud is like a magic act. if it was that obvious everyone would see it, and no one would profit. so the government looks at it. they don't quite understand it. then they start lawyering it.

what happened in this particular case was the whistle blower realized essentially what was going on here was p a, yola was being paid, this was poisoning for profit. he was very upset about it. he went ultimately to "the new york times." he lost his job. then he went to texas. in texas it went before the jury. the jury started to read all of the e-mails inside the company, and before that case went to jury for consideration the company settled for a very large sum of money. >> in the end this whistle blower was compensated for coming forward. >> yeah, he had spent the winter without heat, after he had been terrified, after he had lost his job. when whistle blowers go into this, when lawyers go into this they have no idea if they're going to be successful or not. the bottom line is that they pay a huge price as the patients do.

>> let's go back to the specific case. in this particular case, this is--your organization is a taxpayer organization. how can you relit these two things? is this really a stockholder issue rather than the taxpayer issue. the stockholders of johnson & johnson, shouldn't they be upset. >> if the fraud is not caught the people who foot the bill is the taxpayer. if the fraud is caught, the people who are who foot the bill for the fine is johnson & johnson in this case. the people inside johnson & johnson, designed, they got promoted. >> in this particular case in the settlement payment there is are a lot of them, but at no point does it identify any particular individual who is responsible for this. this is a penalty that

johnson & johnson overall paid $2.2 billion in settlement money but not a particular individual was named as being complicit. >> yes, well the government settled. it's not a strong endorsement of a good deal. the government didn't take this to trial. johnson & johnson didn't take it to trial. the bottom line was this fraud was not a mystery. it was designed and operationalized within johnson & johnson. they were paying kickbacks. that means they were paying cash, payola. they had a whole system to off label market this drug. they were paying the chief pharmacist in pennsylvania, of texas, in order to get them to approve this drug for off label and illegal purpose. this was a cash and carry. this was a gamble, and it was organized and operationalized within johnson & --

>> the parent company. >> and the people who did that were promoted all the way to the top. >> there were a number of other pharmaceutical companies with off-label use of their anti-psychotic drugs, going forward what happens? are they greater concerns? >> there are greater concerns. first of all, there is patient harm here, patient risk here. the basic gambit of the pharmaceutical industry is that they don't have anything too new to sell. in this case you had risperdol , you either try to grow the pie, which is off label marketing, or you try to get a bigger slice of

the pie by paying kickbacks to doctors. or if you're johnson & johnson, you do both. >> thank you very much. we're going to bring on board dr. gregory smith, a former anesthesiologist and president of the comprehensive pain relief group. you have produced a documentary because you have concerns. your documentary is "american addict" and it raises the question of how pharmaceutical companies market to doctors. if we could take a look at some of your documentary. >> pharmaceutical representatives are universally attractive. they get recruited from cheerleading squads at big ten schools. >> this is an anti-psychotic medication, it's very popular, it's very expensive. these others are diverted the reason being the medical programs pay a lot of money for

these drugs. >> what was once a diagnostic manual that was paper then is now a huge book with hundreds of diagnoses in them. >> it's the lawyers fault. we invented corporations . it doesn't have a conscience, you can't put it in jail. >> that is a seg edge of your "american addict" documentary, and going to the idea of using fashion models to lure doctors into using medications. that might be surprising to a lot of patients. >> right, hit will me first say when we started making this documentary i was trying to answer the simple question or fact that we're possibly 5% of the world's population but we utilize 80% of the world's

hydrocodone, in many cases vicodin and 50% of the world's prescription drugs in general. it's like how is this possible? this is definitely not a begins dense. we'r coincidence. we're only one of two companies that allow direct marketing to patients on media. we're a society with a bill for a problem. if you go to a physician, and if you can't sleep you get a pill. if you feel sad, you get a pill. if you have anxiety, you get a pill. we're not treating the underlying cause, which is why there is abuse of pharmaceuticals right now. >> the fda says you can use this medication for this purpose. that would be the labeled use. some of these companies have marketed them to physicians and said, look, this has been effective in other areas, is that about right?

>> yeah, i mean, off labeling has been done for a long period of time. and i don't think it's always necessarily a bad thing. when it's abused it's a bad thing. at often it is abuse. these fines are nothing new. these are the largest ever, but it's still not big enough to prevent these big pharmaceutical companies from doing this fraud. when you look at it, $2.2 billion sounds like a lot of money to the average person. and it is. but as you showed earlier in your promo they made over 24 opinionated for just one of the three drugs they got in trouble for today. off label something extremely common, but it's not always a bad thing. but in this case or in the case where they're pushing the drug to make money it is a very bad thing. >> on that point people in your practice, you have used some pharmaceuticals off label, as it were? >> absolutely.

i do chronic pain and addiction medicine, and very often in private pain it's not the same as regular or acute pain, we use different medications , off label, a lot as i do with nutritional supplements and things of thattor. that's very different from what is going on here. we have big pharmaceutical companies perpetuating the use to expand the marketplace of a medication that it fda approved for a different reason. that's a big problem. >> as a physician did you feel like you are approached on what seemed to be a hard sell or the on the pharmaceutical's part? >> there were people who just got money and gifts to do things. now it's a lot different.

you get lunches and pens and things like that, but most of the time the reps are trained very hard not to talk about off label uses. the trick is you'll get others in meetings and , to talk about the medications but reps themselves, don't do it. >> dr. greg which smith's film is "the american addict." coming up here, a rift in the ranks. when hazing

>> they say they did it because they were trying to protect my children. they didn't protect my children, they traumatized them. >> fault lines examines why so many native american kids are caught in the child welfare system. >> any time they see a social worker its like seeing a police officer. the immediate response is, "they're here to take my kids". >> from the indian perspective who sees this in terms of history, this is as about as adversarial as it gets.

>> how could this happen in the nfl among adults that we glorify every weekend. but i was at the stadium today. i did talk to troy drayton earlier, and he said the nfl will move forward from this, and he referred to this situation as a tough situation. but he said his team will move forward from this. even so this entire situation hurts for everyone, the fans, the players and the entire dolphin family. >> i think that it's an unfortunate incident. the locker room is a place when you retire it's the place you

miss the most, it's an unfortunate incident of what is happening here. i think out of all the bad there is going to be something bad that comes out of it. it's unfortunate that, you know, you have this situation happen and you have people hurting. you have a teen hurting. jonathan martin is hurting. and then you have the coach who is hurting. but at some point in time, you know, bullying has no place in anything. i think there's going to be something good that comes out of it. and i think for the nfl, they have a lot of smart people.

this organization has a lot of smart people. and i think the coach is a smart man. i think it's a hurdle you have to get over. i think it's an isolated incident. because there was a racial under tone to it. but in this situation it's tough. it's a tough, tough thing. when you look at it, these two guys played next to each other. it's tough to imagine that somebody that you were relying on is actually hurting you in some way, shape, or form. that to me is one of those things that is unimaginable. it's a tough thing. it's a tough thing for the dolphins. it's a tough thing for the nfl.

but like i said, we'll get through it. >> i can't believe its happening in the informal, these are adults. i think you have to move cautiously. you can't forget it. you can't act like it didn't happen, but i think you have to put things in place so that it doesn't happen again. again, it's unfortunate that something like this would happen to anyone because i wouldn't want this to happen to anyone. but i think is slows ugly type of culture , subculture in a sense in the nfl. it doesn't happen on every team, but it happened on my team, and you know, as a former player when you see those types of things happen to another player,

it hurts. because this is a guy that you supposed be protecting, this is a guy that you love like your family. when you're on that field people don't see name, they see the dolphin, they see the number that you represent. this is unfortunate that this is happening in our house. just like coach philbin said, we're going to clean it up, and we'll move forward. >> and i think he was confident, they're going to move forward. something good will come out of it. he just thinks steps need to be put in place to prevent it, but i don't know if you'll

rid of the hazing. >> and there is extortion for players to put up money for other players to take vacations and so forth. i noticed he said it doesn't happen on every team. >> he has played on a few different teams, did i ask him about hazing, he almost talked about it as a rite of passage as football players. sometimes you have to pay for meals that other players ordered. he would make other players carry his pads but he has never seen things get this far, especially with this racial element to it. i asked him if there was a racial issue in the locker room, he went to say that it wasn't rampant but he said there are a lot of incentive players that are there that take action when nobody else is looking, and that's unfortunate. but did he say that he glad that jonathan martin stood up and he used his brain not his brawn to address this situation. as a result he thinks something

really good is going to come out of this, and changes will be made. >> reporting to us from miami. ahead on "america tonight." vulnerable targets with weaker weapons. protesters will look into deadly force coming up next. so many money stories sound complicated. but don't worry. i'm here to take the fear out of finance. every night on my show i break down confusing financial speak and make it real.

and we have "america tonight" right now. >> now snapshot of stories making headline tonight. india launched it's first mission to oh mars. it will be the fourth international program to fifth mars. mohamed morsi is doing time in a hospital ward of a high security prison. he was hospitalized for high blood pressure and blood sugar and he started this week with a raucous in court

. toronto's mayor made a public apology for what he called a drunken stupor. he said that he is not a crack addict and that he will not resign as mayor of canada's largest city. in what might appear as a david versus goliath, they will be able to use deadly force against rock flo throwers along the mexican border. it was recommended against the deadly policy, but the board of patrol chief said the ban would be too restrictive for his officers. it had been under heavy scrutiny when there were reports that border contro patrol has shot and killed six people.

♪ >> jose rodriguez was 16 when he was killed with a bullet through the head by the united states border patrol. nine more shots went into his body. as he lay on the ground in his hometown nogales, mexico. the bullets fired from the top of this cliff in arizona traveled through an international boundary and int the agent has never been named. >> he was found on a sidewalk. the report clearly indicate that did he not have any type of weapon in his hand, any type of rock or any type of nothing. he had a cell phone in his pocket.

>> his brother san dieg diego worked in a shop in the center of town. that night he never made it. >> jose antonio was shot to death right here on this street corner. the walls on this doctor's office is still riddled with bullet holes. the border patrol's explanation of what happened hinges on the fact that their agent felt threatened by someone throwing

walks on this side of the fence. could a 16-year-old boy really threaten someone standing on top of what is at least a 20-foot cliff and on the other side of that fence? whatever took place here that night there are video cameras right there which recorded everything that happened. but the border patrol and the fbi have refused to share that surveillance video. so we're left to piece together the clues. on the night jose died the nogales police report describe board agents pursuing two young men as they climbed the fence back into mexico. at the same time on the sonoran street below the fence, a a man was walking home from work.

>> where were the agents when you saw them firing? >> so it would seem that the agents meant to fire at the fleeing men. a questionable use of force to begin with. jose was just walking down the street as the boys ran away. an attorney took us to the spot where the agents fire from on the u.s. side. >> there is no way that the officer on top of this hill was in any kind of danger. first of all, i don't think that

he can hurl a rock from where he was over an 18-foot fence, which is pure fence. >> this was 15 shots fired into and at a young man who is just walking down the street. how do you describe that? what is it that took place here? >> at best, it's negligence homicide. at worst it could be murder.

>> jose's death is part of what appears to be a disturbing new trend. u.s. border patrol agents shooting across the line to kill mexican citizens in their own country. selma torres' son ramsey was killed by an agent in nogales in 2011. the u.s. government closed the investigation. selma was never contacted. in 2012 guillermo pedroza was picnicking on the banks of the rio grand when he was gunned down by agents. he died in his nine-year-old daughter's arms. juan

santillaon was shot just two months earlier. in 2011, in tijuana, this man was killed for using his cell phone to record an agent beating an migrant, and shot between the eyes under a bridge in juarez. in each case the board control justified the killing saying they were threatened by rock throwers. but getting them to speak on the record about anything at all proved difficult. calling from al jazeera america. we're in nogales, arizona, right now. i'm just calling to see if we can arrange an interview and a ride along with an agent down here. >> no. we sent e-mails about starting

six weeks ago. >> it just seems are a little opaque. i'm trying to understand why the request was declined. >> what's happened is the border patrol being one of the largest law enforcement agencies in the country, they work with the population that doesn't work back with them. they're not like a police force that is in the same community that has to deal with residents that are upset, that can vote and mobilize against them. it's a population that will be kicked out and wind up in mexico. because of that there hasn't been any ways in which they have to modify their activities. there is almost no oversight compounded by this idea that this is national security. when you look at a case like

antonio, this has nothing to do with national security, right, this doesn't. >> that report came to us from fault lines a.m. joining us now is shawn moran, your organization represents members of the border patrol? >> yes, ma'am, we represent all 17,000 non- supervisory agents. our adversaries on the other side are going to know what our limits are. if they know that we can't shoot rock throwers that are threatening agents or shoot at vehicles that are about to run agents down then we'll lose border patrol agents because they'll uses forbidden techniques against us.

>> if you have a 16-year-old kid standing on the other side of the border how dangerous is he to an officer armed with a firearm? >> he could be very dangerous. we've had agents hit by rocks, traumatic brain injuries, and injuries that lingered on for years. it's one that could kill an agent. >> has any rock throwers been able to kill an agent? >> luckily not yet, and hopefully it won't happen. >> i would certainly hope not but i want to understand how dangerous these rock throwers might be. you know, it's hard to understand a kid, 16-year-old on the other side of a fence. >> well, anybody who thinks rocks aren't dangerous haven't read the bible because they used to stone people to death. that's what happens here. anyone who thinks stones and rocks aren't dangerous, come down to the border and see what an agent feels when they're in that situation.

it's into the a good feeling. >> it is a timing thing? in the heat of the moment there has to be a decision of how much force to us. >> our agents are often caught by themselves between two fences with nowhere to go. we're not like a city police where we're working out of our vehicles all the time. our agent versus to make split-second decisions, and when they feel that their life is in danger or bodily harm they're allowed to result to force. and if an agent is hit in the face or head there is a very good chance they could die. >> we note here that police recommended against continuing this policy. against being able to use deadly force against rocking, but your organization doesn't agree with that? >> no, we don't. we've said for the last three decades that agents should be allowed to use deadly force when they're threatened and assaulted.

i believe the police executive research form has a slight bias is that it's coming from a city policing viewpoint. i don't think that they really have the understanding of what happened on the southwest border. >> when you talk about a city environment, i can imagine if it were washington, d.c. and we had people throwing things and law enforcement on the other side of it, if law enforcement used deadly force in that situation, i would imagine we would have rioting in the streets. >> i think you would. on the border it's not uncommon for one agent to arrest ten or more people. in a city environment you would probably have 50 agents or police officers there to control the situation. we don't have that luxury. and unfortunately, we're often outnumbered and outgunned, and we need to be able to defend ourselves. >> are there any statistics about using deadly force? has it been able to stop or at least slow the number of rockings?

>> we actually use force reluctantly. there are many attacks every day that happen, and some go unreported because they are just so common. there are rocks all along the southwest border, they're the most readily available weapon. they're used to assault, attack border patrol agents. we've asked the border patrol to open the books to see how often our agents are assaulted, and you'll see how rarely we result to force to defend otherwise. >> and is it people who are remaining in mexico, they're not apparently making any attempt at illegal entry. >> it doesn't matter where you're standing if you're assaulting a u.s. border patrol agent you're risking your life and you may lose. >> shawn moran, we appreciate you being with us and your insight into all this. >> thank you. >> coming here off the streets and on display.

>> one of these great geniuses that comes along very, very rarely. >> we meet the curator whose trained eyes have elevated untrained talents from the back roads of the deep south. >> while you were asleep, news was happening. >> here are the stories we're following. >> find out what happened and what to expect. >> international outrage. >> a day of political posturing. >> every morning from 5 to 9am al jazeera america brings you more us and global news than any other american news channel. >> tell us exactly what is behind this story. >> from more sources around the world. >> the situation has intensified here at the border. >> start every morning, every day, 5am to 9 eastern with al jazeera america.

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