never explain your butt cheeks, your friends don't need it and your enemies won't believe it. that's it for us. a big day for the markets today, the dow passing 13,000. will it be lucky or not? and a week to go until the michigan primary. democrats kneeling at the alter of rush limbaugh, we'll explain. and in portland, oregon, did a man really murder his wife on their honeymoon? let's go "outfront." 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 pretty incredible.

and also incredible, the surge since president obama took office. the dow is up 63% since inauguration day. that ranks him fifth. after 1,153 days in office, fdr, calvin coolidge, dwiez eisenhower, and bill clinton had ben better records. 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 will last. i went to the stock market exchange today, and traders clapped half heartedly, and i have spent a lot of time down there, but i had to confirm that the clapping was really for the milestone. 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 so much since the financial crisis. but a rally needs enthusiasm. peter, good to so you. i was down there today, which was pretty neat. i'm going to talk about it later in the show, my first 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 the macrostory and earnings. they have been quite strong over

the last two quarters and has been so far in this quarter, largely beating expectations for guidance fairly positive, so with that as a backdrop and considering that though many people are invested in the market, 54%, the number you mentioned previously, there is still 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 right now, 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 we buy and then the lame rally drops off.

>> that is an old adage, because the retail investor is the counter interdicator and a lot of times they're motivated by the numbers, 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. 13,000 substractive, if you see energy drops, geopolitical turns, and see greece continue to menld, that story continue to mend, you could see money come to the market, but it's never a good idea to put all of your eggs in a 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. heerbz here's how the logic goes, people feel they're going in the right direction whether they're going in the right direction or not. but some who do invest will hire, and then drive the economy in the right direction which could deliver the election back 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 isto stay focused and congress to continue to do the things 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's pretty good.

>> i'm number five. >> mombo number five. 63% since he took office. or is he hesitant because he doesn't waung nt to be linked to the markets which somehow make him wall street? >> well, it is a tricky place, and there are so many pitfalls and the dow number can go up, it can go down, and he doesn't want to be held captive to it. he has to stay focused on what people are focused on, jobs, economic growth, the numbers that move people's real lives, and getting caught in the dow jones number every day is a tough spot to be in. >> one interesting thing though, because you have talked about how independents are 40% of the 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, should he be using this to try to get them? >> well, you is the core effect which is the wealth effect.

when people see that their 401(k)s are growing, they will spend more. that's the scary thing about the state of the economy, because basically 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. that's a big problem. maybe that was the point he was trying to make, jamal. let me ask you, the wealthy have been frustrated with the president, and maybe he doesn't worry about their vote, but does that make some sof their frustration with him go away. delivering him some of the wealthy democrats who weren't going to 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 voted for obama in 20008, thinking he won't raise our taxes, this is a good, solid, moderate guy, and

then they 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? >> no, i think he's in the right place. 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 may not be the obama voters, but when you look at the broader measure, people who make over $2,000 thoun $200,000 a year are maybe more democrats than republicans, and when you get higher than that, you may see the people coming back to the president, and they don't mind the taxes. 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

a state as one might think by making the arguments. >> 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 connecting. mitt romney is not good at speaking to the turmoil facing lower and middle class americans. and he doesn't have a lot of policy solutions to speak to that constituency. and those are voters who are either drifting to the republicans or 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 in new orleans, they're partying. 13 million ways mardi gras could be helping you. to a chevy silverado? i can see myself driving in this for hours and hours. i like it. 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.

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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. romney at 36% and santorum at 32%. 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 hillary to stay in this, laura. this is too good a soap opera. we need barack obama bloodied up politically, and it's obvious that the republicans are not going to do 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 now they're urging democrats to vote for rick santorum, saying the longer this gop drags on, the better it will be 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 some controversy, but not sure how far it's going to go, at least just yet. >> and john avalon, i know that the daily kos is making a joke, but in 2008, you saw the conservative turnout up 7%, when rush limbaugh did caught for this and hillary clinton did win.

>> and we learned that every vote counts. iowa was 34-vote margin and maine was 194, so look, every vote counts. and in an open primary, there's no barrier to entry, 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 on the ground talking to people, because we're all talking about, wow, if mitt romney has to win or can he really afford not to win. what are you hearing is 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. if he doesn't win michigan. >> did you coin that right here? >> there you go, i give it to you as a gift. >> i'm applying for a trademark right here, john avlon. >> 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 voted or is that something we

won't know for sure ever? >> well, we have to look at the exit polls and people will be doing it with a sense of gonzo pride. >> they won't lie about their party affiliation? >> essentially, 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 to vote in the process process. 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 arizona republican presidential debate. john king is there and will be moderating. could be the last republican presidential debate you'll see. you know how they have been, fireworks. a year ago, he was the front runner for the french presidency, but today, dominique strauss-kahn appeared in france where a mob of journalists waited. the reason, he was questioned about a suspected prostitution ring that provided women to sex parties that he attended. his lawyer said his client is innocent and said, quote, i challenge you to distinguish a nakt prostitute from any other naked woman.

he wants to clear his name and said he wanted to be questioned. this is the latest in a string of sexual allegations against the former head, the most notable in may, when a hotel maid claimed he raped her. those charges were dropped. i asked how much longer he might be subject 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. at least, it will be a relief for him. he is being investigated on two counts, first, complicity in the prostitution network, and number two, 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 local time here in

france, or so at which point he might be brought in front of a judge and the judge of course will decide whether to charge him on either one or both of the counts. >> and obviously, people in the 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 hotel, and through

this network and through a number of acquaint nlss and friends of dsk, a number of prostitutes were invited to have sex with him while attending so-called parties on about ten akags or so in brussels, in paris, and in washington as well while 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 ends up being found guilty with a suspended jail sentence and fined, it will be obviously a terrible final chapter to his 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 the latest developments in the honeymoon murder trial. did an alabama man kill his wife? we start is the second half of the show with stories that we care about, where we focus on

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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 we closed right below that. the dow ended higher than 15 points. this is good news for president obama. since he's been in office, he has been ranked fifth among american presidents 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 quote, basically, it's 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 plan tomorrow. people have been waiting a long time for that and we're all interested to see what is in that. walmart is feeling the pinch of low prices. 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 $win the city spends on 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 strike at 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 nuclear facilities suspected of developing weapons. instead, they offered to hold discussions about them in tehran. as a reminder the ieae said that

quote the information indicates that iran has carried out activities relevant to the development of a nuclear explosive device. now, the spector of preemp00 is out there, and it comes as iran has cut off oil supplies to britain and france and says it will do the same 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 israel would attack iran this spring. the president of the united states was also clear in an interview with matt lawer. >> we will not take any options off of the table, and i have been clear that we will do everything to prevent iran from getting a nuclear weapon and creating an arms crase in a volatile region. >> and also, iran's region was hit with the stuxnet virus, and

it's also why the united states has imposed crippling sanctions on iran. a source who wrote the sanctions was talking me through them today, most of them targeting iran's nuclear and military industries. there's been a 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 upon us. >> i think that the economic sanctions and the coop rashz eration we have gathered 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 guilt can be traced by the searchlight of probability. what is the probability you have a country that takes 10, 15, 19 years to produce nuclear powers if it were only interested in developing pharmaceutical or medical probabilities? 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 untoward 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 kind of goes counter of the argument now saying that we have really been successful and therefore you would be faced with the argument, 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 none of the other strikes or the computer viruses over other things targeting nuclear facilities either. >> 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, the launching of missiles out of iran. this could spread very 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 deter 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? and annoying account fees. at e-trade, our free easy-to-use online tools and experienced retirement specialists can help you build a personalized plan. and with our no annual fee iras and a wide range of low cost investments, you can execute the plan you want at a low cost. so meet with us, or go to etrade.com for a great retirement plan with low cost investments. ♪

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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 center, because they had extremist inscriptions on them, but they still apologize for the improper disposal, calling it an honest accident. 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 intercepting communications from prisoners, and they explained it was a mistake, issued apologies from the commander of nato and

the u.s. secretary of defense, but 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 has winced the humanitarian crisis firsthand, and i asked her how bad the crisis 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 have less than a week's worth of food left. there has not been relief in the source 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 and gabe watson were scuba diving when she drowned. this picture, which you probably have seen before, is tina's body on the ocean floor. they say he turned off the air valve to take over a life insurance policy. now, a dive master testified that tina did not get proper instruction before getting into the water. her father walked out of the court in tears after being shown autopsy photos. and following the trial closely is sunny hostin and paul cowan. great to have both of you with us.

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. i think that certainly could help the defense a bit. but it could also help the prosecution a bit because he was supposed to be the trained, experienced diver, and he apparently waived the right to have that course.

and so the prosecution is going to shift the focus once again onto gabe watson because they think they have their guy. >> this is an interesting point because we all heard how gabe was trained, and when his attorney came out, he said, that was years and years before. 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 thought the train guy that he said. >> and even in the united states you go to the ymca and you dive in the pool, and get a certificate, and go to the caribbean, and maybe it's five years later. now, all of a sudden, you're an experienced diver. the diving company was criticized and fined for negligence in the way they handled the diving situation and that plays right into the defense in 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 didn't plead guilty to taking her life. he pled guilty to being a bad dive buddy. the highest courts in australia determined he did nothing intentional to cause her death. he simply made a split second decision to leave her and get help at the surface. >> so, essentially what you are all saying that kind of inexperienced thing worked and time served should apply? >> right, but a bad dave buddy? and he is supposed to be experienced and what he does is go up instead of down. that does not make a lot of sense to me. but i am bit troubled that he pled guilty to negligence, pled guilty to manslaughter, and the jury 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. i don't think they need it. he left her at 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 came in today that would spoerd that. >> i'm going to 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 was an intentional murder. i think that's where the problem is in this 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 get tried here. >> well, the facts are the facts, and they're not going to change from the australia 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 gabe, the man on trial, at his wife's funeral. >> i said she looked very pretty in the outfit, and he said, well at least her breasts are perky. >> who says that? ilitieser it's important for the jury to hear that because many people find it difficult to believe a man would kill his wife 11 days into the marriage, so if he did this intentionally, he has to be a creep, someone who acts out of bounds, and how out of bounds does it get when you talk about perky breasts at a funeral? >> well, he is creepy, but not murderer. you have to prove that beyond a reasonable doubt, and i think -- i don't know what the jury is going to do, but i think it's a tough case.

>> we agree, it is a tough case. thank you very much to both. >> it seemed bright and sunny in a lot of places around the country. that could mean an extra $400 for you. we'll explain. >> and the dow cracks 13,000, and we're caught looking at someone's bottom. that's tonight. i tried weight loss plans... but their shakes aren't always made for people with diabetes. that's why there's new glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. and they have 6 grams of sugars. with 15 grams of protein to help manage hunger... look who's getting smart about her weight. [ male announcer ] new glucerna hunger smart. a smart way to help manage hunger and diabetes.

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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 14 women who were speaking honestly and off the record about women's rights in egypt. it was also bitter sweet for me because i hadn't been to the stock exchange since the day my friend and for years my coanchor died. and i know almost every watching has unfortunately felt the way i felt today, the moment when the memory of a person who has died just overwhelms you and you're aware of one thing, an emptiness. even the metal pipe that mark sat on outside the building for his smoke every day was empty, but it turns out he was watching today, and he didn't want sadness. he wanted credit. so i'm giving mark credit for the dow hitting 13,000 dood

today because i know he wanted to remind me of something he was extremely proud of. that is his bottom. >> i'm doing to step out on a limb here. >> hold on, everyone. i'm waiting for this. >> i ruly do. >> the soon to be infamous hanes bottom was march 9, 2009. he said the market had bottomed and it had. it closed on that day at 6,547. and it hasn't looked back. it's nearly doubled since the day mark made that call. and i want to exercise, on that day t was hard to make that call. people were terrified, they were saying, is it armageddon, is the market going to go to zero. are we going to have anarchy. it took a lot of courage. that the kind of guy mark was. who knows where the market goes now, but like all the traders i was locky y lucky enough to see today, i thought of mark when the dow crossed 13,000, i remember the last time it did