a halt when you were denied this. evidently, having 11 children makes you tough as nails. confidential to a lovely lady -- >> well, kate, you should fill in the next time he needs a brief hiatus, and it is all yours. you don't want to miss it. we will see you back tomorrow night for our show, and erin burnett is "outfront" right now. a big day for the markets. the dow passing 13,000. lucky or not? a week to go until the michigan republican primary, and who is kneeling to rush limbaugh? and did a man really murder his wife on the honeymoon? his wife on the honeymoon? let's go "outfront." -- captions by vitac -- www.vitac.com well, good evening, everyone, "outfront" that dow

crossing 13,000 for the first time since 2008, and we are short of the all-time high which was 14,164, but we have come a long way, baby. a long way from the bottom, like we have doubled. that is ip credible and also the incredible surge since president obama took off. the dow is up 53% since inaugural day, and that ranks him fifth after 1,153 days in office, franklin roosevelt, and calvin coolidge and bill clinton and dwight eisenhower have only exceeded that. and this is important, because a lot of the americans are invested in the stock market. according to gallop, 54% of americans own stock through the pensions and the 401(k)s, and the market is not for the very few. the question is will the largess last? i went to the stock market

exchange today, and traders clapped half heartedly, and i had to confirm that the clapping was for the rally. i was told it lacked enthusiasm and drifting upward without conviction and in a word one trader used, lame. well, lame it may but be it is not taking away the point that it has risen since the crisis, but it does need a little excitement. i was down there today, and i will talk about it, because it is my first time down there in a long time, and yeah, there was not a lot of enthusiasm. what is your view on if we can find a reason for this market rally? >> well, i think that, you know, if you stop to consider that we are up 23% in roughly a quarter and a half, the market has moved with great sponsorship, and great leadership and large cap,

tech, financials and the underpinning has been strong and the gdp numbers and the employment improvement, and a lot to support the market in terms of earning season which has been quite strong over the last two quarters and so far this quarter, and largely beating the expectations with the guidances fairly positive so with that as a backdrop and considering that though many people are invested in the market, 54%, the number that you mentioned previously, there is a quite a bit of cash on the sidelines. if you can see a pullback in the cost of energy, and a pullback in the cost of what the geopolitical represents, you could see the surge of capital into the market. >> and let me ask you that question, because some of the numbers that we will share in a moment are stunning. people making $75,000 or more in the country, 87% of you who are watching in that category likely own stocks in some form or another. half of democrats own stocks, and 64% of republicans own

stocks, and would you tell them though rightnow, peter, to put more money in the market, because the problem is that it always feels like the regular people get excited when it moves up and then the lame rally drops off. >> that is an old adage, because the retail investor is a contra e indicator and a lot of times the retail investors are motivated be i the numbers and the enthusiasm of a 13,000 for example. i would say this, getting into the market is a process. you never throw all of the eggs into the basket one time, ever. never exit the same way. scale into positions, and you lighten up on positions, and in a methodical manner, and that way, you manage the risks and you can manage the overall portfolio, so it is a question of scaling in and scaling out. if you see energy drop or geoplolitical risks and the stoy in greece continue to mend, you

could see the money coming into the market, but it is never a good idea to put all of your eggs in the same basket at the same time. >> thank you, peter kenny. some of the geopolitical issues concern iran, and there is a lot of news out of iran today. we will get to that. and now people are feeling that they will wrong whether they invest or not, but some who do invest will hire, and then drive the economy into the right direction which could deliver the election to barack obama. but the president did not overreact. his reaction was cautious. >> our economy is getting stronger, and so we are headed in the right direction and the last thing that we should do is to turn around and go back to the policies that weren't working in the first place, and that is why it's so important for us to stay focus and congress to continue to do what the american people want to see

done in order to improve the economy. >> and joining us are two of the three musketeers, and jamal, let me start with you. politically, should the president be embracing this more, i'm the fifth-best president, and that is pretty good. >> i'm number five. >> mombo number five. and 53% since he took office, or is he hesitant because of the markets that might be connected meaning wall street? >> well, it is a tricky place, and there are so many pitfalls and the dow number can go u and down and he does not want to be captive to it, and he has to stay focussed on what people are focused on, jobs and economic growth and the numbers that move people's real lives and getting caught in the dow jones number everyday is a tough spot politically. >> one interesting thing though, because you have talked about how independence or ts are 40%

electorate, and with the candidates go to the right right now, it is a sweet time for obama to come in to try to grab them. 50% of the independents own stock, and that is a stock-heavy group, and should he use them to get to them? >> well, you is the core effect which is the growth. and that is to my opinion, a scary thing about the state of the economy, because people's savings are going down. right after the crash, they went up and now down. we have a consumption-fueled mini boom happening right now, but the problem is that the stock market is really decoupled from the state of the real economy and corporate profits higher than 60 years, and not salaries. >> hiring is not. >> and maybe that is the point he was trying to make, jamal. and now reiman, maybe he does not worry about it, but the wealthy does deliver him a lot of the wealthy democrats who

weren't vote for him and now maybe they will? >> absolutely. you were talking about the 75k voters plus, and those were very key to the republicans in 2010, because a lot of them who voteded for obama in 2008 thinking he won't raise our taxes, and this is a good solid moderate guy, and then said, i don't think so. now, when they see the 401(k)s getting bigger and bigger, and that is going to defang the opposition, and the sense that obama is a radical or whatever else. >> jamal, should he adjust the tax rhetoric at all or not? >> well, you are right. today was the old home day for you and you were down in the old haunts, so you were probably around some folks who are maybe a little bit more conservative in general and maybe not obama voters, but when you look at the broader measure people who make over $200,000 are maybe more democrats than republicans, and when you get higher than that, you may see the people coming back to thep republican, and they don't mind the tax rhetoric, because they feel like they are not paying as much as they could be. >> you think that people at $200

don't mind the tax rhetoric? >> well, if you look at the latest poll, and the poll out the other day, talking about people who make over $200,000 said they don't mind the president talking about it, and something like 60% of it, so the president is not as trepidation in the face as you think. >> well, it is the $250s, because that is when it will go up, but it is a interesting point. and what does this mean for the people running against him? because it seems that the jobs are coming back and the market is going up and the president, as jamal says fairly, is in a sweet spot right now. >> well, it is very, very awkward, because you have a compelling message to say that there is something wrong with the economy in which the stock market is decoupled from the fate of a lot of working and lower class middle class americans and that is not the way that the republicans have been connect iing. mitt romney is not good at speaking the turmoil facing the lower and middle class americans and he diz not have policy solutions to speak to that

constituency and those are voters who are either drifting to the republicans on cultural issues or democratic voters solidly. >> and the other danger, and real quickly, the other danger for the republicans is that they can't be in the position of talking down the number. and when the good news numbers happen, they have to walk a fine line and not look like they are rooting for defeat here. >> thank you so much to both of you. well, democrats, are they doing dirty tricks to skew the results of the michigan primary? and are the democrats kneeling at the altar of rush limbaugh? and dominic strauss-kahn and his involvement of a prostitution ring in france. and 13 million ways that mardi gras could be helping you. while protecting our environment. across america, these technologies protect air - by monitoring air quality and reducing emissions... ...protect water - through conservation and self-contained recycling systems... ... and protect land - by reducing our footprint and respecting wildlife. america's natural gas...

domestic, abundant, clean energy to power our lives... that's smarter power today. sadly, no. oh. but i did pick up your dry cleaning and had your shoes shined. well, i made you a reservation at the sushi place around the corner. well, in that case, i better get back to these invoices... which i'll do right after making your favorite pancakes. you know what? i'm going to tidy up your side of the office. i can't hear you because i'm also making you a smoothie. [ male announcer ] marriott hotels & resorts knows it's better for xerox to automate their global invoice process so they can focus on serving their customers. with xerox, you're ready for real business.

immerse yourself in all over relief with alka seltzer plus. it's specially formulated to speed relief to every inch of you. liquidate your flu symptoms with alka seltzer plus. why you fell in love with 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, as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess with cialis. side effects may include headache, upset stomach, delayed backache or muscle ache.

to avoid long term injury, seek immediate medical help for an erection lasting more than four hours. if you have any sudden decrease or loss in hearing or vision, or if you have any allergic reactions such as rash, hives, swelling of the lips, tongue or throat, or difficulty breathing or swallowing, stop taking cialis and get medical help right away. ask your doctor about cialis for daily use and a 30-tablet free trial. and turning now to arizona where cnn is hosting what could be the final republican debate tomorrow. a week before the state's primary a brand new cnn/orc poll shows mitt romney and rick santorum tied statistically there. and that is within the poll's margin of error. the liberal blog the daily cose

is taking a page out of the playbook of rush limbaugh. >> i want him to stay in, because it is too good of a soap opera, and we need barack obama bloodied up and obvious that the republicans won't do it, and don't have the stomach for it. >> that is rush in 2008 calling for the republicans to vote for hillary clinton in texas. the state like michigan who has an open primary. well, some say that operation chaos as rush limbaugh says had a lot to do with it. and no he is urging the democrats to vot for rick santorum, because he says the longer this political process drags on the better for team blue. and so is that true? we have joe johns and toure joining us now. funny, what goes around comes around, joe, huh? >> well, it is funny about this thing, because i talked to a number and several michigan democrats who have heard about this thing today, but it is really in the buzz stage, so i

can't, if you will sort of gauge just how many people are actually thinking of doing it. when you talk to democrats about an idea that is just in the formation stage, you will get a lot of different opinions. i think that the consensus is that it is both good and bad. we talked to daily coast today, and their opinion is, look, it is a serious idea, and their idea basically is to extend the republican nominating process as long as possible and make mitt romney spend a lot more money than he has already spent. but i have to tell you, erin, the other thing is that we talked to another democratic analyst today who said in his view, this is a cynical idea and he called it unethical, and said that it is an attempt to game, if you will, the presidential nominating process, and even went as far to say that the white house should step in and ask daily kos and others not to do it. so it is generating concontrove,

but not sure how much. >> and john avalon, i know that the daily kos is making a joke, but you saw the conservative turnout up 7% when rush limbaugh did call for this for hillary clinton to win. >> and we learned that every vote counts. iowa was 34-vote margin and maine was 194, so look, every vote counts n. an open primary, there is no barrier to entry and especially in a year where this is the only game in town. it is a cynical idea, and you can argue that it is interesting how the folks to the far left and the right echo each other explicitly right now. >> john, what is your feeling right now on the ground, pause we are all talking about if mitt romney has to win or cannot afford to win, and what are you hearing? who has the momentum -- who has the mo right now? >> well, that is anybody's guess, and i'd tell you that i'd like to see a good solid poll on

the ground out here. i can tell you that watching mitt romney, he is pushing very hard here. he's making some steps that he hasn't made before specifically talking a lot about the social issues now. he did that today, and it looks like the campaign is taking the threat here very seriously, because you know, if mitt romney can't win in the state he once called home, where can he win? that is what the question is going to be. >> well, it is not just trying real hard to double-down, michigan is must-win, and you have mitt-maggedon. >> did you just make that up right here? >> yes. >> okay. applying for a trademark, mr. avalon. >> well, you are hearing that if mitt does not win michigan, we are starting panic mode and looking for someone else, so

this is very, very high stakes and some primaries count more than most, and this is one of them. >> when will we know, john? obviously the daily kos in the buzz stages and say it does happen, and say it moves in a couple of points and a couple of point margin and will we know it right away how many democrats vote odder something that we won't know for sure? >> well, we have to look at the exit polls and people will be doing it with a sense of gonzo pride. and there is no barrier to entry, and the primaries are great, because it gives people like me who want to vote for the person and not the party, a chance vote in the process, but here are the hard partisans creating what they worry about, intentionally trying to distort the process instead of trying to get a ideological clear candidate for the other guy. >> well, it is must-say, must-do? what do you say? >> well, romney has to make rick santorum look small and not presidential. santorum has to get romney rattled, and make him look brittle and out of touch with the middle-class voters.

>> they are all going to be watching there, joe? >> yeah. absolutely. i have to tell you, too, one more thing about the daily kos piece, it is not just michigan. you know it is also north dakota, and it's tennessee. and it is one more, vermont. so there are other states who have open primaries, and daily kos is sort of targeting those as well. it could be very interesting and not just here, too. >> all right. well, it is going to be fascinating to see, and maybe the daily kos will be a guest on the rush limbaugh show. >> kumbaya. >> and history will be made. and join us tomorrow for the republican presidential debate, and john king will be there and moderating and maybe the last presidential debate for republicans. and you know how they have been, fireworks. and today, dominic strauss-kahn known as dsk was being questioned about a

suspected prostitution ring in france and inviting prostitutes to parties that dsk attended. his lawyer has said that his client is innocent, and i challenge you to distinguish a naked prostitute against any other naked woman. and the most notable charge against the imf head games at hotel maid, and that case was dropped. i spoke with a reporter and asked him how long dsk may be subjected to questioning? >> well, he was brought in at 9:00 a.m. this morning and in an unmarked car, and there is not a thing such as pretrial here as in new york. he is investigateded in two counts, and first complicity in

the prostitution network and number two is knowledge of the misappropriation of company phones, so this is what is being investigated at this point. what our sources are telling us is that this police custody might finish up tomorrow afternoon lowle cal time here in france, or at so at what point he would be brought in front of a judge, and the judge will decide whether to charge him on one or both of the counts. >> and obvious ly, people in th u.s. are easily to be confused, because prostitution is legal in france and we are obviously familiar with the original defense that dsk's lawyer had mounted that it is hard to tell a naked woman from a naked prostitute, and how could dsk have known, but could you explain what they could exactly charge him with if prostitution is legal? >> yes, of course. so what has been happening is that allegedly, of course, there was this prostitution network which is not a large scale operation, but apparently well

run and well organized which was based partly in belgium and partly in the northern french city where it was known for providing prostitutes of clients to a luxury hotelhotel, and so number of the prostitutes were ip vited to have sex with him on so-called parties and on ten occasions in brussels and paris and in washington and while of course he was head of the imf. so while as you quite rightly point out, it is not illegal to pay for a prostitute as such, it is against a law obviously to be part of a prostitution network, and it is obviously against the law as well to misappropriate company funds and some of the friends of dsk allegedly paid the bill so to speak with company funds. >> oh, okay. so if the judge decides perhaps tomorrow to charge dsk, and if

he is then convicted, what might the sentence be? >> well, the maximum sentence is up for is seven years of jail, and a fine that might go up as high as $500,000, 375,000 euros, so this is what is at risk for him, and the chance of it going as high as that are remote, but even if he is hands up found guilty with a suspended jail sentence and fine, it is obviously a terrible final chapter to the public life. >> it certainly would. obviously a man that at one point many thought would be the next president of france. terry, thank you so much for your reporting. >> all right. all right. iran refuses to let the u.n. inspectors into the nuclear facilities. should the united states be worried? former defense secretary william cohen comes out front. and also, the latest in a

murder trial, did an alabama man kill his wife? bring it up to 90 decatherms. how bout ya, joe? let's go ahead and bring it online. attention on site, attention on site. now starting unit nine. some of the world's cleanest gas turbines are now powering some of america's biggest cities. siemens. answers. if you have painful, swollen joints, i've been in your shoes. one day i'm on top of the world... the next i'm saying... i have this thing called psoriatic arthritis. i had some intense pain. it progressively got worse. my rheumatologist told me about enbrel. i'm surprised how quickly my symptoms have been managed. [ male announcer ] because enbrel suppresses your immune system, it may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculis, lymphoma, other cancers, and nervous system and blood disorders have occurred. before starting enbrel, your doctor should test you for tuberculosis

and discuss whether you've been to a region where certain fungal infections are common. don't start enbrel if you have an infection like the flu. tell your doctor if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for heart failure, or if, while on enbrel, you experience persistent fever, bruising, bleeding, or paleness. get back to the things that matter most. ask your rheumatologist if enbrel is right for you. [ male announcer ] enbrel. the #1 biologic medicine prescribed by rheumatologists. oh, yeah? [ chris ] you can call us 24-7, get quotes online, start a claim with our smartphone app. you name it, we're here, anytime, anywhere, any way you want it. that's the way i need it. any way you want it. [ man ] all night? all night. every night? any way you want it. that's the way i need it. we just had ourselves a little journey moment there. yep. [ man ] saw 'em in '83 in fresno. place was crawling with chicks. i got to go. ♪ any way you want it ♪ that's the way you need it ♪ any way you want it ♪

we start is the second half of the show with stories that we care about, where we focus on our own reporting and do the work and find the outfront five. tonight, the dow jones crossed 13,000 for the first time since may 2008. and the stocks did pull back, so it ended at a high up 16 points.

and since president obama has been in office, he is ranked fifth among american histories as the best market return. and the supreme court will consider whether race can be considered in admitting their university students. this is interesting, because a suit was brought by a student from the university of texas who says she was rejected because she is white. and jeff toobin tells us what to expect when the high court hears the case in october, and he says that basically it is likely to be the end of affirmative action as we know it. and three, president obama releases a new corporate tax reform plan tomorrow. the obama administration has been under pressure to draft a new plan, but if you want detailed legislation, you may be disappointed, because according to timothy geithner, the treasury secretary, the plan is vague on purpose to find common ground on broad principles between the republicans and the democrats. mitt romney is expected to

release details of his tax reform, and we are all interested to see what is in that. walmart is feeling the pinch of the big box offers. and the deep discounts meant that people didn't spend as much as before and that caused the company to fall short of expectations, but we looked through the report, and here is a highlight, walmart saw a 6% increase in sales overall. well, it has been 200 days since the united states lost the top credit rating. even number, and not a number to celebrate, and what are we doing to get it back? well, it might start at the local level like mardi gras in new orleans for example. according to the mint, for every $1 spent in mardi gras they bring in $1.43 or just over $13 million. and now to iran where the regime again today raised the ante against washington and the west. a top iranian military commander

said that iran would preemptively striket a any country it perceives as a threat. the warning comes on the same day that iran stated that it would not allow u.n. inspectors into the nuclear facilities suspected of developing weapons. as a remind er the ieae said tht quote the information indicates that iran has carried out act e activities relevant to the development of a nuclear explosive device. this comes as iran has cut off oil supplies to britain and france and says it will do so to six other european countries. how is the u.s. responding? well, in is interesting, because we have noticed something here, and it is a mixed response. you may remember that earlier this month the "washington post" reported that secretary of defense leon panetta said that there is a strong likelihood that iran would attack israel

later in the year, and the president was clear with matt lauer. >> we will not take any options off of the table, and i have been clear that we will do everything to prevent iran from creating a nuclear weapon in a volatile region. >> and also, iran's region was hit with the stuxnet virus, and source who wrote and implemented sanctions for iran was talking to me to dday and most of them e explicitly designed to target iran's nuclear and military industri industries. bau change. on february 14th, and maybe in honor of valentine's day, leon panetta said he never thought that iran would attack israel that soon, and here is general dempsey talking about the fundamental reasons for the sanctions for iran, and whether they were on the path to develop the weapon. >> i believe it is unclear, and on that basis it is premature to exclusively decide that the time

for a military option was prudent. i think that the material around sanctions has begun to have an effect, and i believe that the diplomacy is having an effect, and the preparedness. >> outfront is former defense secretary william cohen, and what is going on here? >> no question that iran is building a nuclear weapons capability. we talk about circumstantial evidence, and the footprint of gui be traced be i the searchlight of probability. what is the prospect of it taking ten years if it were developing pharmaceutical or medical probability? so they are on the way, but the question is how far are they? what has happened in the days and the weeks the rhetoric has been ratcheted up to the point

where we might see a precipitous action taken by the israelis or the iranians unleashing untorrid consequences that people cannot comprehend the full scope of what those consequences can be, so what the administration is trying to do is to ratchet up the rhetoric. to walk back from the strike. >> and you can't have it both ways however. >> yes. >> and if you say that we are intensifying the sanctions, because they are closer as the ieae has said and if you are saying we need more sanctions, that is counter of the argument now saying that we have been really successful and therefore you would be then faced with the argument of isn't it time to back off a little bit? >> because it would seem consistent if indeed it is not just rrhetoric, but you are saying that it appears to be rhetoric, then the sanctions, themselves, would not seem justifiable and some of the

computer viruses or other things have been viable. >> well, the sanctions have been effective, and if we don't get the russian and the chinese support, then the possibility or the probability of military action moves very close to the center of the table, and i don't think that most people don't want to see that take place. the israelis don't want to see it take place nor the american people. >> and i think that would be extremely clear that nobody would want that, and looking at recent experience of what has happened and iran is a vastly different place than that, but what are the options? i mean you had a secretary defense panetta and obama meeting behind closed doors and they have put forth a plan to congress to go ahead if they had to, and can they surgically strike without a broader conflict? >> the short answer is no. this is not a surgical strike kind of event. you would have to have multiple strikes over a fairly significant period of time to do the kind of damage that needs to be done.

>> and they would strike back? >> well, they are not going to go gently into the good night. they are going to strike back with asymmetric types of warfare. they could call upon lebanon to rein down on tel aviv with rockets, and this could spread quickly to the entire region, and that is why we have to continue the approach that president obama has taken. continue the sanctions and intensify them, and bring the iranians back to the table on our terms and not on theirs. >> okay. do you think that the outcome of this may be, and i know i always ask this question, but it seems when you look around the world, there are a lot of countries with nuclear weapons that should not have them, india, say, comes to mind, and they have them, so is it more reasonable if nobody wants a full war which nobody does, wouldn't you say that iran is nuclear, and deal with that? >> well, you could have a situation where you defer iran from using nuclear weapons. >> but you get one, but deter? >> here is the problem if iran

has nuclear weapons, then saudi arabia will go next, because they will believe they need them and other countries in the region needing them and you will see the proliferation of nuclear weaponry, and that means that somebody at some point has a better chance of getting their hands on nuclear materiels and blowing them up in the united states or europe or israel or the region and that is the danger involved. so we want to see a control of the spread of nuclear weapons and not yield to the pressure to have other countries pick them up. >> all right. secretary cohen, thank you very much and thank you for taking the time. >> good to be with you. all right. a bride and groom go on the honeymoon, and he came home alone. did he murder her? we are in the middle of the warmest winters ever. could global warming be saving the economy? ew. seriously? so gross. ew. seriously? that is so gross.

ew. seriously? dude that is so totally gross. so gross...i know. there's an easier way to save. geico. fifteen minutes could save you fifteen percent or more. [ male announcer ] for our town. [ dog barks ] for our country. ♪ for our future. ♪ this isn't just the car we wanted to build. it's the car america had to build. ♪ the extended range electric chevy volt. from the heart of detroit to the health of the country, chevy runs deep. when bp made a commitmentt to the hto the gulf, country, we knew it would take time, but we were determined to see it through. today, while our work continues, i want to update you on the progress: bp has set aside 20 billion dollars to fund economic and environmental recovery. we're paying for all spill- related clean-up costs.

and we've established a 500 million dollar fund so independent scientists can study the gulf's wildlife and environment for ten years. thousands of environmental samples from across the gulf have been analyzed by independent labs under the direction of the us coast guard. i'm glad to report all beaches and waters are open for everyone to enjoy. and the economy is showing progress with many areas on the gulf coast having their best tourism seasons in years. i was born here, i'm still here and so is bp. we're committed to the gulf for everyone who loves it, and everyone who calls it home.

we do this at the same time every night, the outer circle to reach out to sources around the world. we begin in afghanistan where massive protests took place outside of bagram air base where religious materials including the korans were burned there. the materials were removed from the detainee's scenter, because they had extremist inscriptions on them, but they still apologize for the improper disposal, and apologized for it.

i asked what we should do to resolve this? >> well, there is not a huge amount that the u.s. can can do at this point. they tried to be transparent about how this mistake happened and intercepting texts of inmates, and they have issued apologies from the commander of nato and the u.s. secretary of defense, but at the end of the day, they have to wait to see what the afghan reaction will be in the days ahead. there have been furious protests about this sort of thing before and the guidelines issued by nato today may not prevent it from happening, and we may see further instances like this in the days ahead. >> thank you. we go the syria where the food supplies are running short as the security forces continue the crackdown against anti-government protesters. syrian-state media is responding saying that the reports of the food shortages are lies. opposition forces say that 100 people were killed across syria today including 10 children. cnn cannot independently confirm

the numbers, but arwa damon is one of the few reporters who have witnessed the humanitarian crisis firsthand and i asked her how bad it is. >> erin, even the distribution of food supplies has to happen under cover of darkness to avoid detection of the government forces. and these are food supplies that are rapidly dwindling. in the neighborhood above aba, they said they hadless than a week's supply left. there have not been a drop of food for a week now. they have what they have salvaged from people's homes or shops that have been bombed, but people are increasingly crying out saying if they manage to survive the shelling, they could possibly starve to death. erin? >> all right. arwa, thank you. a dramatic day in the murder trial of a alabama man accused of killing his wife while they were honeymooning in australia in 2003.

this is going through the courts, and tina purportedly died while scuba diving. they say this is her lifeless body underwater, and they say he turned off the air valve to take over a life insurance policy. and now there was testimony that tina did not get proper instruction before getting into the water, and tina's father walked out of the court after being shown photos of her body. and following the trial closely is sunny hostin and paul cowan. and let me ask you this, sunny, the dive master said that tina did not have appropriate instruction, and does that hurt the prosecution's case? >> well, i think that it could, because it shows that perhaps someone else is really responsible for her death. right? this is an accident and had she

been properly instructed she could still be alive. that is certainly could, you know, help the defense a bit, but it could also help the prosecution a little bit, because he was supposed to be the trained experienced diver, and he apparently wavived the right to have that course, so the prosecution is going to shift the fault on to their gga because they believe they have their guy. >> gabe was trained, and i want to play the sound bite, but he said years and years before, so he went through a course ten years before, and how many of us would waive that saying that we don't want anybody to go down with us, making the case that he is not the guy he said he was. >> and neceven in the united sts you go to the ymca and you dive in the pool, and get a certificate, and go to the caribbean and five year cans

later, you are all of the sudden an experienced dive iing. the diving company was criticized and fined for negligence in the way they handled the diving situation which plays right into the defense of the case that this was an accidental death and not an intentional murder. >> a lot of people here -- well, he plead guilty to australia and what is that about? how can that not affect this. and this is what the lawyer told me about why that happened. >> he did not plead guilty to taking her life, but plead guilty to being a bad dive buddy. he didn't do anything to cause her death, but he made a split second decision to leave her and to get help at the surface. >> so, essentially what you are all saying that kind of inexperienced thing worked and time served should apply? >> well, that is right, but a bad dive buddy, and he is supposed to be a experienced diver and what he does is to go up instead of down, and that

does not make a lot of sense to me, but i am a bit troubled that he plead guilty to negligence and manslaughter and the jury has heard about that. you know, many people would say, myself included being a former prosecution, i don't know if i want that information in there or need the information, because on appeal, if he is convicted, we are going to hear about the fact that this extremely prejudicial information came in. they didn't need it. he left her on the bottom of the ocean. >> this is what troubles me about the whole thing and a lot of people are going to say he is a creepy guy, and evidence that would support that which came in today. >> i will play that in a second. >> but this is a 23-page decision from the queensland court in australia and not a single word says it is intentional, but they say it is an accidental death in 23 pages, and the prosecutor wanted a five-year sentence, and he could have asked for a life sentence under australian law, but they say it is a tragic accident. where does alabama turn around and say intentional murder? the crime happened in australia

and even the australians don't think it is an intentional murd her, and that is where the problem is in the case. >> well, the supreme court here disagrees with you, because the supreme court of the united states found that you have two jurisdictions and foreign jurisdiction and you are a u.s. citizen, you are retried here. >> well, the facts are the fact s, and they are not going to change the aus trail y to the united states. >> well, you used a word creep, and this is the testimony of amanda phillips, tina's friend, and the awkward moment she shared with against a tgabagaig. >> and she said it is the breast of herky. >> who says that? people find it difficult to believe that he would kill his wife 11 days in to the marriage, and so if he did this intentionally, he has to be

creepy and how out of bounds does it get when he talks about perky breasts at his wife's funer funeral. >> well, he is creepy, but not a murder murderer. it is a tough case to get a conviction. >> we agree, it is a tough case. and anderson, what is coming up on "ac360." >> well, we are keeping them honest and the lies that are being told by the assad regime. and we have the only witness in homs who saw the toll taking place there, and including the death of a 2-year-old child. we will have more on the little boy's death. we are going up close for the battle for baby veronica. the biological father signed a waiver consenting to the adoption, and now her fate

hinges on a little known law of the child welfare act of india. we will talk about that. >> thank you, anderson, i am curious about that, too. and today, it was bright in the country which could have meant an extra $400 for you, and the dow cracks 13,000, and we are caught looking at someone's bottom. that is tonight's essay.

>> announcer: this is the day. the day that we say to the world of identity thieves "enough." we're lifelock, and we believe you have the right to live free from the fear of identity theft. our pledge to you? as long as there are identity thieves, we'll be there. we're lifelock. and we offer the most comprehensive identity theft protection ever created. lifelock: relentlessly protecting your identity. call 1-800-lifelock or go to lifelock.com today.

so the numbers are in. last month was officially the fourth warmest january on record with an average temperature of 36 degrees. that's 5 degrees warmer than usual. that is a huge difference. warmer temperatures mean consumers have been using their heat a lot less. that brings us to tonight's number. 30. the percentage the average consumer saved on their energy bill this winter because of the warmer winter and works out to 200 to $240 the average person is saving on heating their home. with anniversary almost 40% higher than they usually are, prize hit prices hit a huge low. but it means they have more money to spend. but it isn't good news for everybody. sales of skis, goggles and wax

and gloves down 10% from last month. surprisingly, not affected the sale of park cass, insulated winter coats are hot fashion items right now. even with no snow, parka sales are up more than 4% because people like the moose knuckles. on the day the dow hit 13,000, i was at the stocks exchange. we'll get to the bottom of that in tonight's essay. man: i would definitely consider a silverado trade-up from the pick-up truck that i've got right now. [ male announcer ] we dare you to compare your truck to a chevy silverado, the most dependable, longest lasting full-size pick-ups on the road. celebrate president's day. get 0% financing for 60 months on all 2012 silverados. if you trade in an eligible vehicle, get an additional $1,000 trade-in allowance. offer ends february 29th. not in this economy. we also have zero free time, and my dad moving in. so we went to fidelity. we looked at our family's goals and some ways

to help us get there. they helped me fix my economy, the one in my house. now they're managing my investments for me. and with fidelity, getting back on track was easier than i thought. call or come in today to take control of your personal economy. get one-on-one help from america's retirement leader. i heard they found energy here. it's good. we need the jobs. [customer:] we need to protect the environment. [worker:] we could do both. is that possible? [announcer:] at conocophillips, we're helping power america's economy with cleaner, affordable natural gas. more jobs. less emissions. a good answer for everyone. well, if it's cleaner and affordable. as long as we keep these safe. there you go. thanks. [announcer:] conocophillips. until the end of the quarter to think about your money... ♪ that right now, you want to know where you are, and where you'd like to be. we know you'd like to see

the same information your advisor does so you can get a deeper understanding of what's going on with your portfolio. we know all this because we asked you, and what we heard helped us create pnc wealth insight, a smarter way to work with your pnc advisor, so you can make better decisions and live achievement. monarch of marketing analysis. with the ability to improve roi through seo all by cob. and you...rent from national. because only national lets you choose any car in the aisle... and go. you can even take a full-size or above, and still pay the mid-size price. i'm going b-i-g. [ male announcer ] good choice business pro. good choice. go national. go like a pro. impact wool exports from new zealand, textile production in spain, and the use of medical technology in the u.s.?

at t. rowe price, we understand the connections of a complex, global economy. it's just one reason over 75% of our mutual funds beat their 10-year lipper average. t. rowe price. invest with confidence. request a prospectus or summary prospectus with investment information, risks, fees and expenses to read and consider carefully before investing.

so today, i went to the floor of the new york stock exchange. i was there for an event with the former first lady laura bush and four egyptian women talking honestly off the record about women's rights in egypt. it was an eye opening experience and one we will cover in the days ahead. it was bittersweet for me. i haven't been to the stock exchange the day my friend and for years, my co-anchor, mark has haines died. and how everyone felt the moment i felt today the memory of when someone dies, overwhelms you and you're aware of one thing, emptiness. even the metal pipe mark sat outside on for a smoke break every day was empty. it turns out mark was watching today and in his true style, he didn't want sadness, he wanted credit. i'm giving marc for the dow hitting 13,000 today. i know he wanted to remind me of something he was extremely proud

of. that is his bottom. >> i will step out on a limb here. >> hold on. we've been waiting for this. >> i think it's the bottom, i really do. >> the soon to be infamous haines bottom was march 9th, 2009. mark said the market had bottomed and it had. it closed on that day at 6,547. about it hasn't looked back. it has nearly doubled since the day mark made that call. i want to emphasize, on that day, it was really hard to make that call. people were terrified, saying is it armageddon, is the market going to go to zero? will we have anarchy. it took a lot of courage. that's the kind of guy mark was. who knows where the market goes now. like all the traders i was lucky enough to see again today, i thought of mark when the dow crossed 13,000. i remember the last time it did, mark and i had little hats. i hope i can say this, i hone that the