night divine ♪ ♪ oh, night, divine, oh, night, oh, holy night ♪ >> larry: susan boyle, with oh, holy night from her new album, "the gift." time now for anderson cooper and "ac 360." evening, everyone. thanks for watching tonight, for years lawmakers have been praising, posing with and in some cases profiting from the heroes of 9/11. the first responders who risked their lives and in too many cases paid with their lives and their health. so why now are lawmakers so slow to respond to their medical

needs? keeping them honest tonight, we're going to show you which lawmakers are playing politics with 9/11 first responders, lawmakers who once said the issue was beyond partisanship. and an american aid worker thrown in jail in prison, one of the worst you can imagine. the allegations, get this, he kidnapped a 15-month-old child after turning the boy into a zombie. that's what the father of the child says, but he and the medical team that worked to save this child's life say the little boy died and they have a death certificate to prove it. and later is it america's got talent or murderer's got gall? a person of interest in his wife's death and why some people are suspicious is he learned his wife is dead and then turned around and auditioned for "america's got talent." we begin as always, keeping them honest, on an issue we never thought we'd have to keep anyone honest about, caring for 9/11 first responders. seems like if anything could get universal bipartisan support it

would be meeting the medical needs of those who risked their own lives and health on september 11th, 2001 and in the days and weeks and months afterward. if they need help for medical problem that's results from the toxic ground zero, who could possibly say no to them? who could have said no to renee dunbar who inhaled toxic materials and died from it? who could have said no to daniel conroy who also inhaled toxic fumes at the world center site and died in 2006 at 46 years old. and who could have said no to james zadroga, a new york city police detective who developed respiratory problems exposed to toxic fumes and dust at ground zero. he died in january 2006 and he was just 34 years old. the health bill is named after him. for years these men and women who went above and beyond the

call and duty that day and in the many dark days afterward for years they have been praised by politicians, lauded as heroes for whom no sacrifice is too great. >> there have been so many acts of heroism and self-sacrifice, the firefighters who gave their lives, the firefighters who worked day and night, the volunteers who have gone in there. >> the uncommon courage of the first responders reflects the steadfast spirit of our great nation. >> the stories of hope and heroism that emerged from the rubble of ground zero, the pentagon, and that pennsylvania field continue to serve as reminders of all that is good and true in the human spirit. >> we watched as average americans finding extraordinary courage became heroes. firefighters, police officers and other emergency personnel responded with remarkable bravery and determination. >> today we remember the men and

women of 9/11, knowing they will never be forgotten. >> never be forgotten. well, now it seems the flowery rhetoric has been forgotten. if you're wondering who now could say no to the families of the dead, the dying and the ill, well, the answer it seems and it's hard to say this, but the answer it seems is the very same politician who's have been praising them, politicizing them and in some cases even profiting off them. emotions. republicans voting against it, democrats for it, except for harry reid who changed his vote to no so the bill could be reconsidered at a later date. just today there were fireworks on the senate floor when john mccain downplayed the senate's work on the bill as, quote, fooling around. here's exactly what he said. >> after all of the fooling around that we've been doing on dream act, on new york city, on all of these other issues that have taken up our time, we will

not have a time agreement. >> fooling around, senator schumer took exception to that. >> this is not fooling around. these men and the thousands of others who rushed to the towers on 9/11 and in the days thereafter were not fooling around. they, just like my colleague from arizona, were risking their lives. to call that helping them fooling around is saddening and frustrating. we are not fooling around. we are fulfilling our duty as patriotic americans to all of those from new york and elsewhere who rushed to the towers. i repeat, it is not, i underline, it is not fooling around on new york city. >> well, all 42 senate

republicans signed a letter promising to prevent a vote on anything till the issue of extending the bush era tax cuts was resolved. we all know that. here's what kirsten gillibrand said about that. the idea that tax cuts for millionaires would derail this legislation is simply outrageous and offensive of the men and women who rushed to the burning towers and worked for hundreds did not wait, we should not have to wait for tax deals to do what's right. the clock is ticking for the 9/11 bill. reports that democrats plan to bring it up for another vote in the senate before the end of the lame duck session but the question is, is there time and will it get the votes? though few republicans don't want to go on television and say this, they say it's a lot of money, before that back in july house gop meals blocked it after democrats suspended the rules to keep republicans from tacking on unrelated amendments.

when the bill famed, anthony weiner of new york made an impassioned speech on the floor of the house. watch. >> great courage to wait until all members have spoken and stand your up and watch your arms around procedure. we see it every single day where members say we want amendments, but we're still a no. and then we stand up and say, oh, if only we had a different process we'd vote yes. you vote yes if you believe yes. you vote if favor for something if you believe it's the right thing. if you believe it's the wrong thing, you vote no. we are following a procedure. i will not yield to the gentleman and the gentleman will observe regular order. the gentleman will observe regular order. >> gentleman is not in order. >> if he gets up and yells as if he's going to intimidate people into believing he's right, he's wrong. the gentleman is wrong. he's providing cover for his colleagues rather than doing the right thing. it's republicans wrapping their arms around republicans rather than doing the right thing on behalf of the heroes. it is a shame.

a shame. if you believe this is a bad idea to provide health care, then vote no. but don't give me the cowardly view that oh, if it was a different procedure. the gentleman will observe regular order and sit down! i will not. the gentleman will sit. the gentleman is correct in sitting. i will not -- >> obviously not in order. >> i will not stand here and listen to my colleagues say if only i had a different procedure that allows us to stall, stall, stall and then vote no. instead of standing up and defending your colleagues and voting no on this bill, you should urge them to vote yes, something the gentleman has not done! >> time is running out for this bill and the truth is time is running out for other first responders who are struggling to breathe, struggling to live, struggling to make sure their medical bills are covered and their families, taken care of. we spoke with congressman weiner about why this is in limbo right now.

>> a lot of republicans have praised the work of the first responders at ground zero but when it's come time for the vote, every single republican senator voted against it. does this make any sense to you? >> there definitely is a disconnect here. you see my senate colleagues wrap their arms around the 9/11 workers, praise them, every september 11th they have events in their home states where they talk about how we must never forget the sacrifices made that day. and then unfortunately this very modest bill completely paid for that has been in the works for nine years now doesn't even seem to get a single yes vote and in the case of the senate this week, couldn't even get an up or down vote to begin with. >> not a lot of republicans have come forward to go on the record about why they did this. senator mike enzi from wyoming did write an editorial for "the daily news" explaining why he said no. he said every member of congress supports the intent of the bill but said he was concerned about fraud and waste, quote, the american people need to know

that money is being used effectively because frankly the nation can't afford careless spending no matter how well intentioned. does he have a point, this is a $7.4 billion bill. >> yeah, we definitely don't want to have any waste, that's why the inspector general of the health and human services has given it a clean bill of health, that is why the government accountability office says every single dollar has been accounted for. this does sound a little bit like an explanation in search of a rationale. the fact is that the money is not only accounted for that you can look at all of the documents that are available. this is the first time we're hearing anyone talk about this question of accountability and there have been 20-something hearings. frankly, i believe senator enzi simply doesn't support this effort and is looking for any rationale possible to support it. all i'm asking islets give it an up or down vote in the senate. we definitely have more than 50 votes. we're close to 60 votes. but we can't even get them to end a filibuster to stop this from even being debated. and the irony of members of the

senate doing everything possible, when every single day people are dying from 9/11 related illnesses is just too tragic for words. >> for all of us in new york those terrible days and saw the remarkable effort made by firefighters and police officers and first responders and citizens just to try to go and work around the clock to try to save those who could be saved and to bring home those who couldn't be saved, what do you think this -- what kind of a message does this send to folks about, god forbid this happens again, about whether or not their government's going to take care of them down the road? >> it's a very important question because a lot of the people in this group are just volunteers and also people who went down there as part of their job to try to help out. but i want to remind you of something that you alluded to in the question. you know, along the west side highway, those days and weeks after september 11th, were lined up and you can look at the license plates.

people came literally from all over the country to deal with this problem because the american people were doing that at that moment. this was not -- no one knew who was a democrat, who was a republican, what state they were from. now those people, over 900 of them, have died since september 11th. and it's -- among other reasons, because we, the federal government told them the air was safe to breath. >> is there any hope this could be revived after the lame duck session is over? or was this basically the last chance? >> unfortunately, one of the byproducts of the republicans taking over congress is i just think -- i'm very skeptical that the house of representatives will pick this up on a republican rule and it's not to be just partisan although i want to be that from time to time, it's just because i looked at the vote count, only 17 republicans voted for it in the house of representatives. only 17. now we can't get a single republican to stand up and part with their party in the united states senate. i'm skeptical in the new congress whether they let this see the light of day.

i fear that if this is not done in this lame duck then it is -- then this bill and unfortunately many of its victims are going to be dead for the year. >> congressman weiner, appreciate your time. thank you. >> thank you, sir. >> let us know what you think about all this. live chat is up and running right now. up next, the congresswoman elected by stoking fears about husband limbs had we're keeping them honest. and later you see the shooting caught on tape at a school board meeting, gunman shooting point blank at school board members. >> please. >> i'm going to kill you. don't you understand? >> tonight, you'll hear directly from the man who brought the would-be assassin down. he says he's not a hero, we beg to differ. you'll hear from the security guard, what he really saw inside that room. [ male announcer ] how can rice production in india

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well, at the height of the midterm elections, we were hearing a lot of fear expressed about mosques in america. now that the campaigns are over it's not a coincidence the rhetoric has died down, but now a number of muslims in north carolina say they've tried to reach out to their newly-elected congress woman and so far have gotten a cold shoulder. we're talking about renee

ellmers, even though she was far away from the proposed islamic center blocks from ground zero, she made that a central part of her campaign. this is the ad she ran. >> after the muslims conquered jerusalem and constantinople, they built victory mosques. and now they want to build a mosque by ground zero. where does bob ethridge stand? he won't say. won't speak out. won't take a stand. >> the terrorists haven't won. and we should tell them in plain english no. there will never be a mosque at ground zero. i'm renee ellmers and i approve this ad. >> i asked her about that commercial during the campaign on this program. in your ad you use the term muslim and the term terrorist basically interchangeably. you say muslims want to build a mosque at ground zero, the terrorists haven't won and we should tell them no on ground zero.

>> to be honest, i think you could make that assumption but that's not giving me the benefit of the doubt. >> but that's what you're saying, i mean your words are carefully selected. >> the words are carefully selected but that is certainly not what i'm intending to say. i am not intending to say that all muslims are terrorists. >> you also talk about victory mosques that muslims built hundreds of years ago on the site of military conquests. >> yes, sir. >> don't all religions do that? you're catholic, rome was conquered by the pagans, christian conquistadors and pilgrims built their own houses of worship. is the vatican a victory church? >> no. you are incorrect in your statement, sir. >> wait, so, wait, just about every religion -- when a religion in the past used to conquer in a war, they wouldn't build a house of worship, the catholic church didn't build houses of worship on the sites of other religions?

>> now, we all know about religion, i'm a christian. >> yes or no. >> i'm a catholic, yes, i am. no, you are wrong in your assumptions and, you know, i guess what i could ask you is are you anti-religion? are you anti-christian? >> that is like -- that's like the lowest response i've ever heard from a candidate, i've got to tell you. >> really? >> didn't really go very well. she won the election and represents a district in the raleigh area with a growing muslim community and now her constituents say they're getting the silent treatment. they've been angle are for a truce, calling her office three times and have gotten no response. staffers for ms. ellmers even declining to talk to the local paper about it, quote, she's currently busy with the transition and not available for an interview at this time. she turns us down for an interview tonight and, quote, anytime in the near future. she's too business to return calls to constituents and too business to talk about it, but

the headline on her website says transition in progress, fish fry thursday. that's last week. it was a fund-raiser. congresswoman elect has a fund-raiser scheduled for the 21st. joining me now, you say you've reached out to ms. ellmers' office as recently as three days ago. what sort of response have you gotten? >> we've gotten no response whatsoever. we extended the olive branch and unfortunately it hasn't been well received at all. >> what have they said to you? >> they haven't said anything. they haven't bothered to return our phone calls, we've sent letters, they haven't bothered to answer. nothing. nothing whatsoever has come from her. >> not even a staffer or somebody has called you back? >> not even a staffer. >> what is it you want to say to

her? >> well, you know, there are a lot of muslim constituents in her district and we'd like to know how is she going to be able to represent us when she doesn't have an understanding of muslims or islam and she equates us with terrorists. so we want to know from her, how is she going to represent us. >> and are you looking for a meeting? do you want to just have a phone call? >> yeah. we would like to have a meeting with her. congressman price, also north carolina, has met with us on several occasions. most of the congress people have. but when it comes to her, she's totally resistant and i think it's because, of what she said about muslims and building a mosque in new york which had nothing to do with the problems of north carolina. >> the irony is that you're not actually a big supporter of the proposed islamic center in new york. you support the right of new yorkers to build it, but you'd prefer more interfaith center. >> yes. >> so it's not like you're approaching her from some completely rigid mindset. >> not at all. i object to her words.

i object to the fact she compares muslims to being terrorists. first of all, she's a catholic. i don't say that every priest is a child molester, nor would i ever disrespect catholicism or the right to build a catholic church and i don't think she should say muslims don't have the right to build mosques because she is opposed, like we're all opposed, to the sins of osama bin laden and i don't like her equating us with him. that's wrong. >> so if someone is watching this program, you basically are wanting to say, what? >> i want to tell her that we would like some dialogue with her. that two years goes really fast. if she can't represent us in two years we'll find someone who can. we have a right to have our voice heard in washington, d.c., she's taken the responsibility of doing that and she represents all of the people. her district is not a jigsaw puzzle where she can pick pieces and discard the rest. she's accountable to us now and

she needs to recognize that fact and give us the respect that we deserve. >> i appreciate you being on and let us know if you get a call back. thank you. >> thank you. >> up next, the unforgettable disturbing scene from earlier this week, a gunman opening fire point blank range at the school board meeting. tonight i talk with the hero who kept this story from being more tragic than it already was. mike jones, who stopped the shooter, he'll tell you in heart-stopping detail what happened as he saw it second by second. also ahead, we were going to also ahead, an american relief worker is in jail in one of haiti's worst prisons, accused of kidnapping a sick child and allegedly turning him into a zombie, according to the child's father. we have details on that coming

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there's a death certificate, tonight, the story of a true american hero. we all watched in horror earlier this week as the scene played out before our eyes. the man named clay duke opened fire point blank range at school board members in panama city, florida. amazingly he didn't hit anyone. it could have been a massacre, it wasn't, and it's because of mike jones, who wound duke and

then duke while on the ground later turned the gun on himself. mike jones is a retired police officer and is known as salvage santa because of his charity work to give christmas presents to needy kids. he insists was just doing his job at the school board meeting. he wasn't even supposed to be there. i spoke to him earlier. >> mr. jones, thanks for joining us. i know you say you don't feel like a hero, but i think just about everybody else in the country, myself included, views you as that. if you could just tell us a little bit about what happened, when -- when did you first know something was wrong inside that boardroom? >> i was in my office area on the fourth floor of the nelson building and one of the girls in the office called me and said mike, there's a gentleman -- or there's a man in the boardroom with a gun. >> now, we saw the man, the shooter originally drawing this "v" in a circle in red with spray paint on the wall. at that point were you near the

scene or were you still up in your office? >> i don't remember seeing him do that. i was probably still upstairs at that time. that's when he pulled the weapon for the first time. >> there was a point, too, when ginger from the school board kind of snuck back in behind him and we see it on the tape. she basically uses her bag to try to disarm him. were you down there at that point? >> no, sir. >> altogether what point did you first get a look at the shooter? >> when he was standing right in front of the podium and was talking to the board members. when i came down from the fourth floor, i kind of opened that door just about halfway, i was trying to draw his attention away from them and i said why don't you let me talk to you? he took a couple steps towards where i was at so i closed the door and got ready to engage him if he left the door. >> did you have a bulletproof vest on? >> i did not. i ran to my car, threw it over

my shoulders, grabbed extra clips and went back to that door, maybe a 30-second trip. when i got back to the door again i was playing peek-a-boo looking through that door to see what he was doing. just as then, he turned his back to me, squared up with the gun, just shooting. with that first shot everybody fell backwards. he and all the board members fell backwards behind the counter. >> and in the video you can see after the first shot you see the papers on the desk by mr. husfelt kind of blowing off the desk. so you run back to the car, you get your vest on, you get a couple extra clips, then what happens? >> when i got back to that door, i looked through the door, kind of looked through there and i seen that he was squaring up and about that time i heard the first round, as i was snatching the door open i heard the second round. i stepped one foot inside the door, and with my weapon in my

hand, my right hand, i fired one shot, which i saw struck him in the back. because i saw him flinch and then he just started firing randomly as the board members who fell behind the counter. i fired two more rounds by i knew struck him, i could tell by the way he was moving and he went to the ground. i saw his arm come up and he was just firing wildly then. >> did he say anything before he shot himself? >> no, sir. not that i remember. i don't remember him saying anything. >> that must have taken you by surprise. >> exactly. you know, i got up then, i walked down to where he was laying, it was obviously a serious wound, i knew he was dead then. i took the gun out of his hand and threw it to the right and then i just stood there. it was kind of like being in a wind tunnel. i couldn't hear anything. it was just like everything was in slow motion at that point right then. >> at that point did he -- you must have been concerned that folks behind the desk, some of the school board members had

been hit or at that point did you realize none of them had been? >> it seemed like i stood there several seconds and then the superintendant stood up and the board attorney stood up, franklin harrison. when they stood up, i realized they were alive and that's when i just kind of collapsed to my knees and started crying. i just couldn't believe they were alive. there was no way he should have survived that round. >> you made christmas for a lot of families possible this year, because there would have been a lot of folks, a lot of families suffering if you hadn't been there and you hadn't done what you did. so i know you're tired, i'm going to let you go. i appreciate you talking to us and, gosh, what you've done is just extraordinary. thank you so much, mr. jones. >> thank you. >> an amazing guy. just ahead tonight, a mystery in haiti or is it just plain a mischarge of justice? an american aid worker in haiti's most notorious prison, a haitian father accusing him of turning his child into a zombie

and kidnapping the baby. a death certificate showing the baby unfortunately died in the hospital months ago. later police tell him his wife is dead and he auditions for "america's got talent," would that make you suspicious? it sure makes the police suspicious. suspicious. we've got the details. and a choice. take advil now... and maybe up to 4 in a d. or, choose aleve and 2 pills for a day free of pain. smart move. ♪ smart move. this is my band from the 80's, looker. hair and mascara, a lethal combo. i'm jon haber of alto music. my business is all about getting music into people's hands. and the plum card from american express open

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an american hospital volunteer is being held tonight in one of haiti's worst prisons, accused of kidnapping a 15-month-old deathly ill child after turning the boy into a

zombie. that's right, a zombie. that's what the boy's fact ser claiming, even though the hospital says the little boy died and have a death certificate to prove it. are there any facts at all to support the allegations or is this volunteer the victim of the father's misplaced grief and superstition? or is it just the way the justice system is working right now in haiti? here's what we know. back in february, paul waggoner, known locally as little paul was volunteering when a local man sought treatment for his critically ill 15-month-old son. this is about a month after the earthquake. that's little paul right there. the child was brought to a local hospital. the hospital's volunteer security chief at the time, jeff quinlan said waggoner had nothing to do with the boy's care. the boy died, notified the father and told him to return within 24 hours to claim the body. here's an affidavit from a volunteer doctor, kenneth adams, who dealt with the baby's father when he returned.

quote, father said, quote, he wanted to see the baby and confirm that he was indeed dead. little paul, another one of the volunteers at the hospital, found me and asked i be present in case the father fainted or needed medical assistance. dr. adams goes on to say they walked the father into the room, opened the box and showed him the remains of his son. quote, the father jokingly said that it looked like the baby was still alive but i pulled my stethoscope out and listened carefully for any breath sounds or a heartbeat and there was none. he adds the father took at least two pictures of the boy, had the doctor take a picture of him with the baby. then after that, he took pictures of the makeshift casket and retaped the box. this is a copy of the official death certificate, signed by a hospital official. the hospital then cremated the body and according to his fellow volunteer, paul waggoner's only role in all of this was being

there with the father when he returned to view his son's body. however, in march, the father filed a compliant against him. jeff quinlan and the hospital's administrator. the administrator went to court and cleared. paul waggoner never made a statement. he left haiti before the summons was served, fearing he might be lynched, he said. a summons had been lifted and the case was closed, so he returned to haiti a short time later, not knowing his attorney was wrong and the summons was still valid. this summer, then this sunday, i should point out, the father spotted him and he was arrested and yesterday taken to the national penitentiary. it's one of the most wretched places you could imagine. authorities say he is safe and being well treated but the question remains why is he even there at all? earlier tonight i spoke with his colleague, paul sebring. what did you hear?

>> i got communication directly from paul waggoner, 20, 25 minutes ago that earlier today they tried moving him to general population and they're talking about moving him again and that the embassy has not seen him today at all. >> how is he doing in where he's being held? >> from what i understand today, he was in a cell with another american and a haitian, but in general the prison is so overcrowded, there's -- there is confirmed cholera in there. >> the father of had child who died has been going on the radio saying all sorts of things about the little boy was turned into a zombie. so you're saying he's basically going on the radio and spreading stories that prisoners could maybe hear and then react to paul? >> not only that they're going to hear, they have heard it. we have not had a chance to publicly try and defend paul

regarding this. here, it's just -- anybody will air anything, and there's no fact checking, so the simple fact is that he's completely innocent, he never did anything, and now his life is in danger. >> what exactly happened? he was working at a hospital where this child was brought in. what connection does he actually have to this child? >> no connection at all. i was actually there the night that the child died. i was helping a doctor with a dislocated shoulder right behind me, three feet, was the child with two nurses working on the child. he was brought in with a high-grade fever, was very ill. we couldn't get any kind of i.v. access to rehydrate. the baby died and was pronounced dead by the american and haitian doctor. the baby was wrapped up. all paul did was bring us oxygen, tried to bring us things to save this baby's life. >> that was february, right? >> february 23rd, yes. >> paul left the country for a

while but came back thinking it was fine and was again doing relief work. >> he left, came back, i think it was less than two weeks that he was gone. something like that. we're told that everything's handled in the courts, everything's fine. by the first attorney that somebody else hired for us. >> authorities we've talked to seem to think that haitian law, the procedure has been correct, this guy filed a complaint, filed the lawsuit. there was a summons put out. but you think the arrest was improper? >> it is not proper. he did not kidnap a child. if he -- if he proved with a death certificate and statements from people there that night that were told by the hospital administration that the body was disposed of, why are we at this point? if it's about evidence, then we've given enough. he needs to be released. >> there is a criminal background in the united states, a nantucket newspaper reports he

was charged with kidnapping, assault, plead guilty to assault, spent more than 100 days in jail and his criminal record goes back further than that. does that complicate the current situation? are you concerned that's going to be brought into this case? >> no, i don't. if you look at the record on this, what did he do? he beat the crap out of a pedophile. you tell me any american that wouldn't do the same thing given the chance. you know, paul's heart is here to help people. that was, what, two years ago? he let go of a completely successful construction business and he gave up his life to come start helping people. >> the u.s. state department tells us that they're looking out for paul's welfare, they're making sure that he's safe and the local laws are being followed. are you satisfied with the assistance he's been receiving from the u.s.? >> no, i'm not. because if -- if all that was being done, i would not be getting a frantic communication from him directly stating they're trying to move him to general population. he is scared for his life right

now. >> paul sebring, i appreciate your time tonight. we'll continue to follow this. thank you. >> you're welcome. after police told him his wife might be dead, just moments later, what do you think this guy did? he went ahead and auditions for "america's got talent." didn't miss a beat. wait until you hear his explanation, he's now a person of interest in the case. also leading the charge to take back the rainbow, lands on the ridiculist. we're pretty sure the leprechauns, they're not going to be happy, either. tay at rest. while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. and celebrex is not a narcotic.

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tonight in crime and punishment, an "america's got talent" contestant named as a pesh of interest in his wife's death said he did not kill her. police are investigating but joe finley raised eyebrows by auditioning for the show right after police told him his wife was dead. he says there's a good reason for that. here's the report. >> reporter: this is joe finley, performing with his rock group, the joe finley band. joe and laura finley married 27 years ago and raised three children together. joe says laura convinced him to audition for the show "america's got talent". the couple checked into the biltmore hotel in los angeles on october 22nd for joe's audition at the hotel the next morning. this photo was taken in the

hotel bar that night. joe says he fell asleep about 3:00 a.m. and the last thing he remembers is laura getting ready to take a bath. when he woke up, he says she was gone. >> when she wasn't there, i assumed because i was running late, she was getting breakfast. >> reporter: at this point, she is actually dead. her and joe's room was at the end of this hall way. her body was found at the bottom of this stairwell. joe says when he woke up he took a quick shower, dried his hair and immediately went down to the lobby to get in line for his audition. he says while standing in line he tried to get ahold of his wife by calling her and texting her. eventually police detectives got ahold of joe and told him his wife may be dead. as they were leaving the hotel for the police station, someone says someone from "america's got talent" stopped him and asked if he still wanted to audition. >> he said, in fact, if you want

to go in right now, we'll let you go in right now. and i thought of laura. i thought, i'm going to go in there, i'm going to be as brave and as courageous as i possibly can for laura. and so the police escort me in there. >> reporter: moments after learning his wife may be dead, with guitar in hand, joe says he sang a song he used to sing for laura. >> i got through almost to the end and i broke and i just dropped my head and i took my sunglasses off and i said, i'm sorry, i can't do this. that's the best i can do. and one of the police officers said, that was a really good job. >> reporter: because most people would think, what are you thinking? >> well, first of all -- >> reporter: auditioning when you just found out your wife is possibly dead.

>> yeah. it was a very emotional moment for me and a way for me to connect with my wife and the stress that was overwhelming and get to that point of focus. i've done that my whole life. >> reporter: did you have anything to do with your wife's death? >> absolutely not. i would never hurt a human being in my life. i stick up for the underdog as my wife did. we're loving, caring people. >> reporter: are you worried that you will be arrested for your wife's murder? >> i will never be arrested for my wife's murder. there is nothing that would ever link me to this crime. >> reporter: police arrested but haven't charged joe for drug possession. as for laura's death, joe has established a private $25,000 reward for information leading to a conviction. investigators haven't ruled it a homicide, saying that the case is still open.

coming up, the latest dramatic chapter in the bernie madoff saga, $7 billion turned over today to help the victims but where did the money come from? details on that. and you've probably seen this flag before but did you only think it belonged to a certain group? one woman thinks so and she's making it her mission to reclaim the rainbow and in the process she becomes the latest addition to our ridiculist. [ male announcer ] open up a cadillac during our season's best sales event and receiv the gift of asphalt. experience the exhilarating cadillac cts with a direct injection v6. it's the one gift you can open up all year long. see your cadillac dealer for this attractive offer. backed by the peace of mind that only comes from cadillac premium care maintenance. the season's best sales event. from cadillac.

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coming up, the battle over the rainbow that goes right on to the ridiculist. but first, susan hendricks has a news and business bulletin. the crash of a drone in el paso, texas, is now under investigation. at first mexico denied the drone was theirs, then they admitted it was, quote, following a target. the mexican embassy in the u.s. said the device was being used in an operation with the u.s. government. in a tv interview, julian assange was defiant, calling sexual misconduct charges a smear campaign and condemning the swedish. assange was released on bail yesterday from a london prison. he's awaiting an extradition hearing now. today he said wikileaks is too resilient to be brought down by attacks against it. a u.s. attorney announced a massive settlement deal for

victims of bernie madoff. $7.2 billion came from the estate of jeffry picower. his widow agreed to give up the money. and if gold won't cut it, in the town center mall in boca raton, you will find a gold dispensing atm machine like this one. if you need gold right away, anderson, you can now get it. >> wow. all right. thanks a lot. tonight's shot we head to ukraine, a video on youtube makes the democrats and republicans, dare we say it, look warm and fuzzy. this is what happens when they disagree in ukraine's parliament. it's a slug fest. chairs are involved, tables are involved, a lot of sweaty guys punching each other. happened yesterday. four people were injured. look at that, they're slamming the doors, people are lacked in. a bunch of people were taken to the hospital. no matter how ugly things get on

capitol hill, hard to imagine nancy pelosi and john boehner exchanging blows on the house floor. last april, there was a similar scene here, do we have that? yikes. not messing around. bizarre. and it's unlucky to open up an umbrella indoors, but that seems to be a minor problem. time for the ridiculist, time to add another name to the ridiculist. tonight, someone you probably never heard of, dr. jennifer morse, and morse is the founder of something called the ruth institute, a project of the national organization for marriage which is a group that's very opposed to marriage equality for gays and lesbians. she is on the list tonight because she's upset about this. the rainbow flag. the rainbow flag that's been a symbol of the gay rights movement for decades now. she believes gay people have stolen the rainbow and she wants it back.

morse says the rainbow represents god's promise to humanity and should not be a symbol of gay pride. plenty of other folks seem to like the rainbow too, i'm not just talking about leprechauns and lucky charm eaters. who's going to break the news to rainbow brite that she has to give up the gimmick? who's going to break the news to her? what about skittles? skittles' advocates claim they can taste the rainbow. that's got to really annoy dr. morse. and what about judy garland? ♪ if happy little bluebirds fly beyond the rainbow ♪ ♪ why oh, why can't i >> yeah. why can't she indeed? sorry, dorothy, looks like you and the happy bluebirds have to find something else to fly over because the doctor wants it back.

she's no shrinking violet, she's seen red and blue that the rainbow has become a symbol. orange you glad i didn't say indigo? there has to be some way this can be worked out. maybe she can get three colors, gay and lesbians can get three colors and maybe share green. i think a court should decide this. let's get real, though, when it comes down to it, nobody owns the rainbow. you can't copy right it, you can't commandeer it, just enjoy it. there's plenty of rainbow to go around. there's even double rainbows. >> it's starting to look like a triple rainbow. oh, my god, it's full on double rainbow all the way across the sky. oh, my god. >> what was that one? to sum up, that was an accident. to sum up i've said it before and again, most quandaries in life can be solved by looking to the nimble philosophical mind belonging to one very wise soul, the soul that dwells within mr.

kermit the frog ♪ some day we'll find it, the rainbow connection, the lovers, the dreamers and me ♪ >> so maybe dr. jennifer morse will never make a rainbow connection with gay and lesbian americans but her commentary has won her the pot of gold at the end of the ridiculist. gecko: are you ready for your talk, sir? boss: just going over how geico helps people save in even more ways... ...with good driver discounts, multi-car discounts, defensivdriver discounts... boss: just going over how geico helps people save in even more ways... woman: you! oh, don't act like you don't recognize me! toledo, '03? gecko: no, it's...i... woman: it's o late stanley. gecko: actually, miss, my name's not stanley. woman: oh...oh, i am so sorry! from behind you look just like him. i'm just.... gecko: well...i'd hate to be stanley.

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