welcome back it is half past the hour i'm randi kaye, thanks for starting your day with us. remember the day you saw the towers come down and you thought who could do this? today the man accused of planning the 9-11 attacks will be in court. khalid sheikh mohammed and four others are being arraigned in gitmo. ed -- the admitted master mind and changed america as we knew it. a rare look at the man dubbed ksm, after osama bin laden's death he is probably the most notorious terrorist alive in the world. our pentagon correspondent chris lauren is at guantanamo bay. could start a legal circus, why is that?

>> reporter: because simply, randi, knonobody knows what he l do. this will be the first time anyone has seen khalid sheikh mohammed in years. we're 90 minutes away from his court appearance. a lot of the family members are here today, they, too, are just less than two hours away from taking their first look at him for some of them. and no one knows what is going to happen. do they plead guilty, in which case all this moves toward a sentencing phase, or does khalid sheikh mohammed and the others keep the soapbox and the opportunity to continue you willy -- to bash america and plead not guilty that he boasted of planning in previous court appearances. one of the family members we spoke to last night said the united states is going a bit overboard in its efforts to be

cultural license tiff. >> do you blame like the obama administration? for dragging this out? >> i blame us for trying to too good. too much better than them. we're trying to be too good. you can't have a nice war. war is war. a soldier accidentally shoots somebody, gets put on trial. >> this wasn't a war. this was totally innocent people. >> reporter: cliff and christina russell lost their brother in the attacks. what he's referring to is the fact the families have now been dragged through this for years and years, that the original rules of the military commission were scrapped, rewritten, eric

holder, the attorney general tried to move the hearing to new york, there was intense public pressure so it got pushed back down here to began dguantanamo, families wonder when they will see a light at the end of the tunnel. >> will these suspects have a platform today? is it possible khalid sheikh mohammed will be speaking today? >> reporter: it is very possible. frs they have to get motions out of the way, the defense has objected to some of the conditions at began dan knguant they have alleged their correspondence has been seized. once those motions are out of the way and things proceed the defendants including khalid sheikh mohammed will have the opportunity to plead guilty in which case it would move to a sentencing phase or plead not guilty, in which case they would

have opportunity to speak because the convening authority will be asking them questions and asking them about do you feel comfortable with your attorney, is this what you believe and so khalid sheikh mohammed will have the opportunity to look at the people around in the and have his say. >> i'm sure it will be a very interesting moment. chris lawrence, thank you very much. a check of the morning head lines, defense secretary leon panetta has a message for troops heading off to afghanistan, don't misbehalf. at fort benning, georgia he said one misstep, one embarrassing photo can put fellow troops lives and america's standing at risk. >> these incidents concern me. they have to concern you and they do concern our service chiefs. because a few who lack judgment, lack professionalism, lack

leadership, can hurt all of us. >> panetta's warning follows a report details several incidents in afghanistan including release of a video showing marines urinati urinati urinating coarpses. gas filled balloons exploded when released in the air yesterday. more than 140 people injured, some with serious burns. armen armenia's president promises a full investigation. miguel cotto and floyd mayweather are ready to rumble. at stake the world welterweight belt. mayweather gets $32 million for showing up. the case of the dead and missing wives, former cop, drew peterson back in the courtroom spotlight. a key witness may be bewrond the grave.

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welcome back. remember drew peterson? the former illinois police officer charged with murder. he has been locked away more than a year but was back in court friday for allegedly killing his third wife, kathleen savio back in 2004. she was found dead in her bathtub, and her death was originally ruled an accidental drowning but prosecutors exhumed her body and reopened the case after peterson's fourth wife, stacy, vanished in 2007. there is another twist to all. this friday's hearing comes after a controversial ruling the illinois appellate court rules statements by his dead wives can be used in court. usually they can't be used in a trial unless the defendant can cross-examine them. holly hughes is here to talk about this. this is amazing. how uncommon is it to allow

statements like this could be incriminating. >> this is huge, ground breaking. what we will see, this is a tough case for the prosecution, this case about the murder of kathleen savio, mostly circumstantial, they had to reconstruct exhume her body, do an autopsy. if they get a conviction you better believe based on this ruling from the appellate court we will see this go to the united states supreme court. back in the day, as i like to say when i was prosecuting, you could use those statements, excited utterance, if you told your girlfriend, my husband beats me if i turned up dead, he did it and the friend used to be able to testify about that. then the supreme court came down with crawford versus washington said no more of that. because it violates the defendant's right to cross-examine the person saying it. they're dead, right?

so, the illinois appellate court, the prosecutor went to the legislature, give us permission to use hearsay in the case, they said yes, what we might see, it might stand, we might see an exception carved out of domestic violence murders. if you kill the victim you get a benefit from the fact they are not around to testify. >> they he can sexhumed the bod died in 2004, they ruled it accidental drowning. >> they are going to look, let's face it this won't be a lot left, they will reexamine the skull and see was there some type of trauma to the skull we didn't notice that might have been blunt force trauma, was she hit in the back of the head, was there a crack or fracture not necessarily attributable to her falling down on her own, because remember, she was found in a dry

bathtub, very odd. her hair is not wet, how could she have fallen and hurt herself and not get help? when they exhume they are looking for anything they can still find. if they preserved any of the brain matter, they will look for subdural hematoma, something that proves this might not have been accidental. >> the trial could begin in 60 or 90 days. what is the greatest challenge for the defense? >> the greatest challenge is quite frankly their own client. his public perception is awful, because when his fourth wife, stacy, we haven't talked about, went missing and is still to this day missing, there was a lot of controversy, he was alleged to have done something to her, and instead of being respectful and saying gee, i have one dead wife and one missing, maybe i should be quiet, he's out in the press running date drew peterson contests and trying to get young girls to go out with him, and so

the defense's biggest problem will be in the voir dire process, picking a jury, people who don't have a bad opinion about this guy and might affect the way they vote in the deliberations. >> the second case, obviously, stacy peterson case, vanishing in 2007, been a long time. do they have to wait to go ahead with this case, wife number three before they start to look at him for wife number four? >> they don't necessarily have to wait. there is nothing in the law that would say you have to do it in order but there is so little evidence there and there is a witness but unfortunately that witness has mental problems, there is not a lot of evidence. i think what we will see, randi, when her body surfaces and usually all those things done in darkness will come out in the light, if and when they find her body, i think then we will see a prosecution. >> holly hughes, can't believe we're still talking about this case and this man. >> sad. >> thank you very much.

nice to see you. >> you too. drinking alcohol like it was water and dancing the night away at a seedy bar, an escort spilling bombshell revelations about what secret service agents were doing in coulumbia. why she would never have turned them in if it weren't for $800.

secret service agents buying and drinking alcohol like it was water. acting crazy, dancing on bar tops and leaving sensitive files open in hotel rooms. that is what a now former escort is saying about the prostitution scandal that implicated two dozen members of the military. dania suarez offered a list of

the accusations aimed at the agents. i talked about it with drew griffin of special investigations unit. >> the woman did not know they were secret service agents or she wouldn't have turned them in to police. >> was an amazing moment in this very casual interview, randi, the secret service was intent on making sure that the prostitute, the girls, whatever, did not know they were secret service agents, so that would mean the president's security was never threatened. but she says this probably would have never happened had she known that. it started out as a casual kind of party in a bar, a lot of drinking, fun, one of her friends attracted to one of the secret service agents. whom again she had no idea who they were. >> she said they were dancing on the bar, drinking vodka, pulling up shirts and a prend introduced

them? >> sounded like a raucous pick up scene. this is where it led. >> translator: my friends nor i we didn't know they were agents, you know, obama's agents for you know, and then we left and we went to this place to buy condoms. and then we went to the hotel. who went? well, my friend, well, wait, she is not really a friend, acquaintance and the agent who was with me appeared tnd the ot the four of us. my friend went with him because she liked him. no, i don't understand, because she liked him, it wasn't the same thing i was doing. >> what she says she was getting payment for "escort services" she said she and the had appear agreement, an $800 gift if she spent the night. from 1:30 to 6:30.

>> the hotel called, said she had to go. >> she wakes up the agent, whom she is a friend, right, and says it's time to pay me. and take a listen what she says happens next. >> i told him to wake up and give me my gift that i asked him for and he says no, just go [ bleep ] i won't pay you, and he just -- put out 50,000 pesos for the taxi. i was in shock, in that moment. >> 50,000 pesos is $30. she was not going to leave with $30 after being promised 800. she spent three hours getting the police, other agents, leaves with $250, not knowing until the next day this was all quote unquote, obama's agents. >> that is money the other

agents pulled together. >> this guy would not open his door. >> so now she is saying that selling her body is not something she is going to do anymore, but not opposed to posing in mens magazines. >> not opposed. been rumored might be deals in the works, she wouldn't release those details, let's face it has been two weeks since her claim to fame, probably still figuring out where she will go with this. >> drew griffin, thank you. the kentucky derby is today the threat of severe storms may dampen the mood. her in the first place. and why you still feel the same. but your erectile dysfunction -- that could be a question of blood flow. cialis for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph, like needing to go frequently or urgently. tell your doctor about all your medical conditions and medications, and ask if your heart is healthy enough for sexual activity. do not take cialis if you take nitrates for chest pain,

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are you ready? heck yeah, you are. it's going to be a huge day for sports, folks. if the nba playoffs weren't on the mayweather fight may not be enough for sports, it's the kentucky derby. but severe storms could dampen

the big day. in fact we had some rough weather yesterday that moved through parts of louisville and churchill downs. joe carter is joining us now. joe, my good friend, it was s b serblyser certainly a rough day there yesterday. looks like it might be better today, but it was rough yesterday, wasn't it? >> reporter: yeah, it was, and you're right, it is better now. yesterday there was a pretty wicked storm that blew through around 5:00, 5:30 eastern time. they actually had to evacuate the grounds for a little while. it was before the kentucky oaks race, which is essentially the biggest horse race the day before the kentucky derby. so there was 112,000 people here for that race, reynolds. it was a little bit of a problem, but they did get the race off. we had some wicked storms throughout the night last night, to the point where the crew and i were talking about how the thunder was shaking our windows. but it's done raining, the sun is peeking out but the track is going to be an issue for the horses today.

in 137 years, reynolds, they have never cancelled or postponed the kentucky derby so odds are they're going to get this race in and on time as well. reynolds. >> joe, what's amazing is the race does not last very long. it's pretty short in duration, so a lot of the day is the preparation for the race, the pageantry of it as well as those fun and very weird fashions. have you seen a lot of weird hats, that kind of thing? >> reporter: weird, strange, creative, architecturallying in eed. on the plane yesterday i sat with a woman that she spent $3,000 on. she said it starts with the hat and you build the outfit down from there. it's a time-honored tradition. they say it's a chance for women to express their inner southern belle, a chance to be creative, individuality, but hats are such a time-honored tradition here at the derby, it's pretty neat. men wear them too.

expecting a record crowd here today, reynolds. 165,000 people are expected to show up. the field looks like it's going to be wide open. experts say eight to ten horses could win. there's a white horse called hanson a lot of people are buzzing about but your guess is as good as mine. >> come on now. you've got to tell me, who do you like? there's got to be one favorite of yours. which one do you like? >> reporter: i'm going to say it once, reynolds, creative cause. >> we're going to mark that down, my brother. joe, it's great seeing you as always. stay dry out there, enjoy it and i hope fully we'll have some video tomorrow. i'll talk to you soon. folks, something different. we're going to shift gears a bit. how much would you pay to take your derby hat on a plane? on one airline you pretty to buy a separate seat for the thing.

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good morning and welcome back. it is just a couple minutes before 8:00 on the east coast and 4:58 on the west coast.

let's get you caught up on news that may have been off your radar. here's something to get your blood boiling. airline travelers, now you have to pay $100 to carry on your little bag on the plane if you want to have it make the round trip with you. all courtesy of spirit airlines. they call themselves an a la carte airline, pillows, blankets, all for a charge. but carry-on? come on. even this guy is shocked. "the scream" sold for nearly $120 million. this price tag blew the previous painting ever sold which was a picasso which went for $106.5 million. no word yet on who bought it. skinny models are so last year. editors at "vogue" are making big changes. first of all, models now have to be healthy ok