adventure, or lego friends themed. my colleague melissa francis is here. "money" starts right now. melissa: thank you so much. the investigation widens, new details emerge on deadly amtrak derailment. while amtrak face chaos across the northeast. winning the fight against the irs. we brought the story of a business owner who had his bank account seized by the feds. listen to what they did next. plus the trouble with sunscreen. many brands failing to deliver on promises. they may not give you any protection at all. are you kidding? not buying the recovery. how the majority of the people still refuse to believe we're out of the recession despite all the assurances from our leaders. even when they say it's not it is always about money. melissa: workers finally manage to clear the wreckage of the deadly amtrak crash that took

eight lives after derailing tuesday night. new details reveal the train actually accelerated immediately before impact to reach a speed of 106 miles per hour. our own peter barnes is standing by with the latest. lauren simonetti has been looking at the sky-high travel prices in wake of the crash. peter let's start with you. >> hey melissa. investigators are learning nor about what happened in the final moments of amtrak train number 188 but they still don't know why it sped up by nearly 30 miles an hour in the last minute. >> three seconds before the end of the recording, the train speed exceeded 80 miles per hour. 31 seconds before the end of the recording the train speed was going through 90 miles per hour. 16 seconds before the end of the recording the train speed was

going through 100 miles per hour >> sumwalt says that engineer brandon bostian has agreed to an ntsb interview in the next few days. sumwalt will brief reporters on latest developments at the site at 4:30 eastern time today. meantime joseph boardman, amtrak's president and ceo said amtrak, on company's official blog, that the company is cooperating fully in this investigation. he wrote quote, amtrak takes full responsibility and deeply apologizes for our role in this tragic event. melissa? melissa: thank you so much. lauren, in the wake of this tragedy of course, thousands and thousands and thousands of people are stranded who would go to one end or the other. >> right. melissa: talk to me about some of the travel prices you're seeing out there. >> you could take the bus. there are added bus routes. the prices are high for a bus. you could fly but good luck finding a ticket to fly between

new york laguardia and reagan national d.c. as of 11:00 this morning most every flight was sold out. the ones available were starting above $850. if you fly that that is triple what flight prices commonly are. the question we're asking is this price-gouging on behalf of the airlines? or is this the market working capitalism? i reached out to all the airlines, what we do know delta added bigger planes and more routes. american added more reports as well. the others don't plan on doing that. this is the market at work. you could also drive, melissa. that is option for a lot of people. rent your car or take a car. melissa: i hear people say price-gouging but at same time every certain seat is sold. there is market and people need to get there. >> it is the market working. earlier this morning there were seats available. they were not high but yes they were not starting $850 but that is the market.

melissa: thanks very much. one business owner nightmare finally ends after the irs gives into public pressure. after the eight months the irs is returning $107,000 it seized from one north carolina store owner's bank account without even charging him with any crime. just two days ago here on "money," lyndon mcclendon described how he felt when agents stormed his store. >> they just leaves you numb feeling for a while. you just, it knocks the wind out of you they are doing something. they think take your money and in my case i didn't understand why they were taking it. melissa: the government still wants to keep the interest that it earned on the money since october. i'm joined by our own dagen mcdowell. jillian melcher of the franklin center. veronica daguerre of "wall street journal." veronica, let me start with you. what improvement he got the money back. >> because he was on your show. melissa: we're definitely going to take credit for it --

>> good forever for him. speak up. how difficult to fight the federal government as it comes to taxes. i really appreciate what he did. that was his money his rightful money. he got it back. that shows you power of the media. melissa: jillian took 13 years to make this money to save it up in the savings account. 13 seconds to deplete it because they thought they saw activity suspicious to them. making deposits near $9,000 at a time. they didn't charge him with anything. didn't find any wrongdoing. does this go on a lot? >> yeah it does. it is completely terrifying that the federal or state governments can seize your assets without convicting you. there is major backlash. not just this guy, gas station owners store owners anybody that deals in a lot of cash. >> any individual taxpayer if the irs says you owe them money they can freeze your bank accounts. might not seize your assets but they can freeze your bank account. one day you can't get money out

because the irs says you owe them some money. melissa: in this case they were just suspicious. no charges. they didn't even know of what. you know it, we don't like it. we'll take it. i'm glad the situation has been righted. >> the irs is like a clown or smelly, angry leprechaun living under your bed. scary as you know what. >> not just the irs. there have been stories about real conflicts of interest with this program where police departments are taking assets- melissa: coming for you next, dagen by the way. >> yeah they are. melissa: fender-bender will not keep google from playing with all the other human operated ones. the company unleashing several of these autonomous cars of the public streets of mountainview, california, near its headquarters. don't worry, their speed will be capped at 25 miles an hour. that makes me feel better, when i see a car driving by itself going 25 miles an hour. >> that is unsafe on highways on its own. we'll see.

hopefully they worked out the kinks with all these. i am glad they have a safety driver in the car with automatic cars. melissa: for now. >> for now. melissa: although they say the cars logged some miles of test runs, that it is equivalent of 75 years of adult driving. like having a 75-year-old grand person. i don't want to insult these people out there. they are good drivers but i'm saying. >> if somebody wasn't in danger getting hurt i would ram each one of them with my land rover. i have a giant brush guard on the front. like a beefy burly brush guard. like google glasses. melissa: it annoys you. >> it just defies -- melissa: you're in a strange mood. >> i said the other day, i think, if you can't drive your own car then you need to carpool with somebody. that's all i'm saying. melissa: all right. much more than a fender-bender for abc's chief anchor. george stephanopoulos apologizing to viewers this morning for donate $75,000 to

the clinton foundation and fail doing disclose it. take a listen. >> over the last several years i made substantial donations to dozens of charities including the clinton global foundation. those donations were a matter of public record but i should have made additional disclosures on air when we covered foundation. i now directing personal donations to that foundation was a mistake. even though i made them strictly to support work to stop the spread of a.i.d.s., protect children and the environment in poor countries i should have gone the extra mile to avoid even the appearance of the a conflict. i apologize to all of you for filing to do that. melissa: this is after he interviewed author of "clinton cash," peter schweizer. he went after him. at the time he didn't disclose could he said out of the gate. you attack the clinton foundation. i believe it in so much, that i have given my own money for the work they do. would that is solved the problem or is he too close to the clintons? >> he is too close to the

clintons and he owed the viewers explanation and the fact he didn't give it is further blow to his credibility this whole story is very interesting, veronica, because he attacks schweizer for having written speeches for four-month period for george w. bush but at the same time he obviously worked for the clintons, was the face of the clintons forever. >> synonymous with the clintons. melissa: right. >> that is interesting. i would think abc news would have real push back on that. we haven't heard so much, but their ethics department is i'm sure not happy with him. most news organizations make you sign something, at least sign something you will not donate to political organizations, you will not lobby for ones. melissa: this is charity. >> this is charity but so closely associated with the clintons i would think appearance of that would be very problematic. so i think his reputation probably is going to take a hit. melissa: doesn't that hit to the heart of the issue? is it a political group or is it a charity? isn't that the problem everybody has? that is why we're talking about

the foundation. >> the issue is it is the clintons. he was associated with them. he worked in the clinton white house. for years he has been accused lacking objectivity to go out of his way to prove he was an objective journalist. he runs, he has been appointed to lead all of the political coverage at abc. and all the breaking news coverage. this happened just recently. so he is proving that there is a foundation for these accusations of him being biased. melissa: thanks, guys. six years out from the recession and stocks are climbing to record highs but many americans still say it is far from over for their families. plus it is billionaire owner fett, he chugs coke like a six-year-old but that isn't stopping dairy queen from pulling soda off the kids menu. more money and some sugary drinks coming up. ♪

here at the td ameritrade trader group, they work all the time. sup jj? working hard? working 24/7 on mobile trader, rated #1 trading app in the app store. it lets you trade stocks options, futures... even advanced orders. and it offers more charts than a lot of the other competitors do in desktop. you work so late. i guess you don't see your family very much? i see them all the time. did you finish your derivative pricing model, honey? for all the confidence you need. td ameritrade. you got this.

melissa: rescuers in nepal found the wreckage of a u.s. marine helicopter that disappeared early this week. bodies of three people found nearby. officials are not expecting any survivors. the copter was caring six marines and two nepalese soldiers. they were carrying out a relief mission after a huge earthquake hit the country last month. not trusting the white house, the majority of voters believe that the obama administration has not been competent and effective managing federal government, according to "fox news poll." 60% of the voters say the economy is still in recession. here to break that down guy benson, townhall.com and steve moore heritage foundation. they're both fox news contributors. steve moore, let me start with you. i don't think there is a surprise the people think the government is incompetent no matter who is in charge. the government is our favorite whipping boy or is that just here? >> what has been accident the

about the government? this government couldn't put a website together for obamacare. that is not at all surprising. a government that couldn't keep someone climbing the fence and walking through the front door of the white house. that is incompetence. the other thing that doesn't shock me, over half of americans think america is still in recession. melissa, i can explain why that is. if you look at the statistics on income for the average middle class family, they have actually lost a little bit of income during this recovery. if it you have lost income over the last five years, it is no recovery at all. it is still recession for you personally. melissa: yeah. guy benson, so 60% think we're still in recession. 36% think it is over. i got bad news for those who think we're still in recession. not only are we not in one, the way economic cycles work, we're pretty close going into another one. >> comes down to how people feel at home. i will point out in both of these polling numbers that you have noted on the program the trajectory over the last few months has improved for the white house. i think part of that might be because obama lessened headlines

these days, when we're focusing on the government and its inincompetence numbers spike. we're talking about hillary clinton at election coming up. some other things like the terrible accident on amtrak. i think the government benefits from lack of attention because what did we saw this week? va whistle-blower saying there is still gross inexistence and gross mismanagement at that particular agency as well. melissa: yeah. >> back to your question, melissa, a lot of people say all right, maybe the economy feels like it is getting a little bit better in some ways but you get slammed with the consumer confidence number we saw this week, the q1 number was not strong at all. there are crosscurrents. melissa: no. definitely about income growth. we haven't seen that at all. meanwhile hillary clinton getting personal. the presidential candidate telling supporters this time around she will present a more authentic version of herself than she did eight years ago. steve moore will we see more of hillary clinton's warm and fuzzy personality this time?

>> well does this mean she was inauthentic eight years ago when she ran? i think there is a lot to this though. the idea that you learn a lot from losing. ronald reagan learned a lot from losing. bill clinton learned a lot from losing. no question about it melissa, republicans better be ready. she will bring her a game and be better prepared than she was eight years ago. melissa: i don't know. guy, i read this differently. i think word authentic is euphemism for the phrase likeable. that is her problem from the beginning. bill clinton agree or disagree with his politics hard to dislike him. he is charming and wins everybody over. i think she has the opposite problem. where even people who support her politics she doesn't have the natural warmth. they're trying to say this time around they're going to try to reveal more of that. guy benson, do you think that is possible? >> remember what barack obama said about her in 2008, when they were running against each other in the primary he called her likeable enough.

which is sort of the ultimate backhanded compliment. nothing screams authenticity like holding coffee meetings with hand-selected supporters who have to hand over their cell phones before meeting with you and not talking to anyone in the media for, what is it now, it 3 days in a row? that sounds like authentic hillary to me actually. melissa: hasn't she benefited from that, steve moore? she stays away from the media. we saw the book tour. doesn't seem like that helps her. this is winning strategy day staying the heck away from all of us. >> it is all staged. the tail that wags the dog movie where everything seems so scripted with her. but you know i think you both agree with me, she can only get away with that for so long. she is growing to have to answer for benghazi. she is going to have to answer for the scandal with respect to her emails. she will have to respond to all of this stuff. how long, melissa can she continue to dodge the press? melissa: i don't know. we'll see.

i think we'll see. thanks guys. getting pretty for the camera. you won't believe what chile's is using to make their food look good or how much it is costing them. plus our guests mentioned it earlier, another case of the government gone wild. how the va manages to squander $6 billion a year. a senior official is blowing the whistle. do you ever have too much money? ♪ hi, i'm henry winkler and i'm here to tell homeowners that are sixty-two and older about a great way to live a better retirement... it's called a reverse mortgage. call right now to receive your free dvd and booklet with no obligation. it answers questions like... how a reverse mortgage works how much you qualify for the ways to receive your money... and more. plus, when you call now, you'll get this magnifier with led light absolutely free! when you call the experts at one reverse mortgage today, you'll learn the benefits of a government-insured

reverse mortgage. it will eliminate your monthly mortgage payments and give you tax-free cash from the equity in your home and here's the best part... you still own your home. take control of your retirement today!

i take prilosec otc each morning for my frequent heartburn. because it gives me... zero heartburn! prilosec otc. the number 1 doctor-recommended frequent heartburn medicine for 9 straight years. one pill each morning. 24 hours. zero heartburn.

melissa: dairy queen holding soda for the kids. they want to drop soft drinks from the kids menu and push healthier options like water and milk. jonathan hoenig from capitalist pig hedge fund and fox news contributor.

we have fm radio show host todd schoenberger. thanks to you both for joining us. todd, let me start with you. is this sincere? is there gimmick? do parents see through it? if you get the happy meal, whatever they call at dairy queen you can still get a soda. >> melissa, this is first for the kids meals they're focusing on. they're saying this is pr of good will because what they want to show is that they actually care for the kids but keep in mind though -- melissa: right. >> a large coca-cola has 300 calories. the oreo blizzard they sell is has over 1,000. melissa: jonathan, the backstory is interesting from the business perspective. dairy queen owned by warren buffett. he might be the largest shareholder coke as well. so two of his companies right there at war. he says he drinks like six cherry coax a day. >> michelle, excuse me, he is own other of the company. he is not manager of it. the point there is a trend right now towards offering young people especially specifically

kids healthier options. it goes back to, we used to have unpasteurized milk. now we have pasteurized milk. we used to eat white bread. now it is whole grain. this is simply to the responding to the marketplace. todd is on right level. government increasingly looking to what type of products are given to kids this is twofold win for dairy queen. >> that's right. melissa: chile's burgers are puckering up for the camera. a little lip gloss for the bun. the food chain is spending $750,000 a year for this egg wash that they put over the buns, because it gives them a photo againic glaze. >> i'm sold. melissa: looks delicious. the whole idea they think everybody is instagramming their food. the shine makes it look better in the pictures. todd, this story blows my mind. >> it is smart. look everybody seems to like to take pictures of their food. melissa: i guess. >> actually what is ironic about it selfies taking individual of yourself ranks as number one

thing you see on social media. guess what is number two? your food. they're joining a clause but don't forget millenials starting to have couple dollars this really caters to them. melissa: jonathan, am i at len person in the planet not taking a picture of my lunch before i ate it? yeah. >> one of a few. certainly been influenced by pictures of food. this is just unnamed burger king. people people are very used to not seeing their burgers their food look as good as it looks either on tv or on instagram. this is individual companies. this in case chile's trying to present foot forward. a lot times when you get actual burger -- >> i didn't see that burger in the green room. melissa: that burger looks delicious. i tweeted out food once. the breakfast my kids made me on mother's day. people will say, you're a liar. that is one dish i ever taken a picture of. before we go i have to get your take on new lego land hotel.

after months of construction it opens to guests today. there are more than 150 rooms. more than two million lego bricks were used to make the leg foe models dispersed throughout the hotel. right near disney, jonathan will they take disney down with this one? >> lego melissa makes more money and mattel and hasbro combined. tremendous success and tremendous brand. disney, watch out. melissa: it is amazing todd. i invest so much in leg goes. i despise them. they stick to the bottom of my feet. i'm in pain. my kids love them. my husband loves them. i'm surrounded by regular goesdleg goes my whole life. >> like e likewise. do you want to get in the elevator? do they have lego hair, black hair. melissa: these are all good questions. we should investigate. gentlemen, thanks to both of you. more money to burn, why your favorite sunscreen might not do its job.

first lawsuit in the deadly amtrak derailment. limit how much money can be paid out. smart money on the way.

the pursuit of healthier. it begins from the second we're born. after all, healthier doesn't happen all by itself. it needs to be earned... every day... using wellness to keep away illness... and believing that a single life can be made better by millions of others. healthier takes somebody who can power modern health care... by connecting every single part of it. for as the world keeps on searching for healthier... we're here to make healthier happen.

optum. healthier is here. melissa: new details unfolding that help tell the story of a deadly amtrak crash in philadelphia. the train accelerated just one minute before running off the tracks. they have yet to determine why. we have more on this one. we land, what is new today? >> melissa that is a big question indeed. the train ran away for some reason or did the engineer advanced the throttle having the train speed up from 70 miles per hour to 106 miles per hour. the crash scene today looks much different. the railroad cars are all gone.

they're beginning to restrain the power lines above. they are beginning to lay down new tracks. in the past hour, we have seen a train go back and forth presuming late testing them. we are learning more as this is happening. branded -- his lawyer said that he had a concussion. he had not been drinking or using any type of drugs in the moment and hours leading up to the crash. the blood test will confirm that information. another question, was he possibly using his cell phone? one other interesting fact is that brandon bostian was very outspoken online in various forums about train safety. about the issues facing fatigue. that will be one of the big questions. have you been on for a number of

hours? that is something that amtrak has not told us. all right. you know that the train accelerated greatly. you know that it was going 106 miles when it to you rail. are there other obvious fact there's. no there is not. melissa: wow. hank you. and amtrak employee wounded in the deadly crash is now filing a lawsuit. it killed eight people. it injured 200 more. $200 million. here now is attorneys. thank you both for joining us. the man who was injured is not even out of the hospital. a definable lawsuit for $150,000.

>> as we are all being told, there is a federal law that caps the damages that could be reported in such a case. $200 million. there are eight people that are deceased as we know and many more injured. describe this as sophie's choice. a movie that featured meryl streep. >> you have to make a very difficult choice. trying to distribute $200 million. in that case, it was too low. his 200 million the right number? >> having to appoint a special master. deciding who gets what. is this like any other class action case. like the oil spill in louisiana. you have to assign to each of the jewel case. it will be low because we have

eight death. it is not actually amtrak that is paying this out. >> there are things that can be done here. congress can give extra money to the victims. the lawyers the people that can be suing. the judge could rule that they are allowed to get extra damages. they can challenge the constitutionality of this decision. melissa: we have been asking for more money from congress or more money from amtrak. we are the taxpayer. we back congress. this is also a company that is a public company. it is supposedly for prophet but it is plan with government money. >> we do not know exactly what happened.

it could have been machine failure. this train -- >> what if it is operator error? >> it will be back on amtrak. >> we do not have enough information here at this time. $200 million may not cover all of the medical bills. >> it won't. melissa: all right. thank you to both of you. gerri the liberation's. life in prison or death. fox news is reporting live in boston. >> jury deliberations got underway. the second full day. 8:30 a.m. in the morning the jury went behind those closed doors. they hold the fate of tsarnaev. working on whether or not he will be sentenced to life in prison or death.

they have been deliberating for a little over 14 hours. in this phase of the trial they are specifically looking at the 17 capital counts. those are actually death penalty eligible. a very long jury for him. they will weigh aggravated factors. this is 24 pages long. they have quite a bit of work to do. in order for tsarnaev to be sentenced to death the jury must be unanimous. transit officer dick donahue that was shot and nearly died has returned to work. he has received a promotion. he is now sergeant donahue. that is a good news out of boston. melissa: molly thank you very much. picking up a brand-new investor.

coral icon. $100 million stake. he says he got himself a pretty good deal. the department of veteran affairs is expected to spend $6 billion a year. that is according to an internal memo. a senior official. management of your tax dollars. state of emergency due to the bird flu outbreak. protecting the billion-dollar poultry industry. some laundry soap is causing serious hazards. doctors warning about the dangers of these small pods. a brand-new machine. why is no one getting excited about it? getting crushed. at the end of the day it is all about money. ♪

♪ melissa: i am melissa francis with your fox business brief. a deflate gate showdown. tom brady officially fighting his four-game suspension. filing an appeal on his behalf. a neutral party should hear the case. they also want to call on nfl commissioner roger goodell to testify. disney world is adventurous.

it will be located in downtown disney. designed to look like an airplane hangar. that is pretty cool. shares of l .0 local plummeting after restaurant sales came in weaker than expected here at the full-year outlook was not much better. expected to open nearly 30 new locations. that is the latest from the fox business network. giving you the power to prosper. ♪

♪ melissa: hopes of another record day on wall street. let's go to adam shapiro on the floor of the new york stock exchange. watching -- >> shares of this stock are down. down roughly 7.6% year-to-date 28%. hit a new low today two. cold coffee beverages. coming online is essentially this fall. putting out a concerned that you would not be able to get it in many retail outlets as would be necessary for success holiday shopping season. they have already had some

problems. people upset about the pods not fitting. green mountain coffee. down big today. melissa: warm weather on the horizon. it is the perfect time to hit the beach. before you slather on the sunscreen listen up. nearly one third of the sun screens tested failed to deliver. here to discuss it all doctor. i got really suspicious when all of a sudden you walk into cbs and all the sunscreen say it has uv protection of 70, 100. it went up exponentially. >> it really is not.

very few of them met the standards that they claimed. that is a big issue. >> i have to interrupt you. i have breaking news right now. the jury in the boston bombing marathon trial has reached a decision after deliberating for 14 hours. they were called to determine if tsarnaev should serve life in prison or whether he should be condemned to death. we will know more on the outcome at 3:00 p.m. what we know now is they have come to a decision. doctor i apologize. when i look at the list, how do you know? >> what you really want to look for is something that has both uva and uvb protection. the consumer report has a list out of the best and worse.

you also need to do other things to protect yourself. wear a wide brim hat. wear a shirt from time to time. and earlier in the day on the beach. melissa: a sunscreen that i have never pronounced. it is $30 a container. the most expensive one tested. i had never even seen this in the store. >> there are actually inexpensive ones. one called no label. in the top five. you do not have to spend a lot of money to get a lot of protection. uva is more deep penetrating. 3 million people will have skin cancer this year. >> a disturbing trend of people ingesting laundry pods. i have to assume these are kids. seven people died after biting

into them. seven deaths since last year. this is in the "wall street journal." what is the story with this? >> very concentrated bits of detergent. they have lots of concentrated chemicals in them. it is very serious. these children end up on ventilators or breathing machines. some even died. this year, the fda asked war battle for battle labeling and changes in the way the packaging looks to be less attractive. melissa: fashion designers speaks out on why less women are starting businesses now. bb king passes away at 89. more money on the way. ♪

i'm only in my 60's. i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i looked at my options. then i got a medicare supplement insurance plan. [ male announcer ] if you're eligible for medicare, you may know it only covers about 80% of your part b medical expenses. the rest is up to you. call now and find out about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans it helps pick up some of what medicare doesn't pay. and could save you in out-of-pocket medical costs. to me, relationships matter. i've been with my doctor for 12 years. now i know i'll be able to stick with him. [ male announcer ] with these types of plans, you'll be able to visit any doctor or hospital that accepts medicare patients.

plus, there are no networks, and virtually no referrals needed. so don't wait. call now and request this free decision guide to help you better understand medicare... and which aarp medicare supplement plan might be best for you. there's a wide range to choose from. we love to travel -- and there's so much more to see. so we found a plan that can travel with us. anywhere in the country. [ male announcer ] join the millions of people who have already enrolled in the only medicare supplement insurance plans endorsed by aarp an organization serving the needs of people 50 and over for generations. remember, all medicare supplement insurance plans help cover what medicare doesn't pay. and could save you in out-of-pocket medical costs. call now to request your free decision guide. and learn more about the kinds of plans that will be here for you now -- and down the road.

i have a lifetime of experience. so i know how important that is. ♪ melissa: the king of blues has died. bb king inspired many over his near 70 year career. he became known for his soulful voice. he kept performing well into his 80s. he died in his sleep at his home in las vegas yesterday. he was 89 years old. we are heading into the last hour of trading. let's check in with was claimant. liz: we will take you live to boston where the jury will

reconvene. this of course involves the sentencing phase. will he get the death penalty? we are waiting on the trial. we will bring it to you the second we get it. the airlines, are they taking -- is it the free market at work. airlines are up to charging $1000 plus for new york to d.c. that is for a coach ticket. we have found a company that will get you there for $42. airfare watchdog.com founder. finding a way around the airline. orange is the new green. are you in or should you cash out and run. the pause and clothes are out. we will see you at the top of the hour. melissa: thank you so much.

the jury in the boston marathon bombing trial has reached a decision after deliberating for 14 hours. jurors took three days to determine whether tsarnaev should serve life in prison or be condemned to death. we will know more at 3:00 p.m. eric what do you think? >> i am thinking life without parole. this is a federal case. this gives them the right to do a death penalty case. i am thinking life without parole. all you have to have is one juror. melissa: seven women five men. without reaching a verdict on thursday. what does that tell you as a lawyer? >> as a lawyer, when the jury comes back very quickly it usually means you will have a guilty verdict.

they are taking these to liberation very seriously. they have a questionnaire that they have to fill out. people here probably feel very strongly. this is a loss of american lives since 9/11. perhaps they are trying to persuade any jurors that are not for the death penalty. melissa: probably overwhelmingly it is against it. >> in this state most people are against the death penalty. the injuries here are just so grave. and 8-year-old boy lost his life. a mother was blinded. i just think of the extent of the injuries. the number of amputees. the stories are just so touching. this person cause those deaths and injuries. melissa: all right. thanks to both of you. we will be right back.

♪

decided on intent when they decided he was guilty of all of these murders so for me it has sort of coming back to the judge saying we got it rights. we got it judge. we decided on intent. if they decided on intent for guilty phase why wouldn't it be the same for the death penalty phase it has to be unanimous if one of the jurors says no i'm not going for the death penalty and heard about jurorring saying i don't believe in the death penalty i would do it if i had to. even one of them goes the other way that it is like without

possibility of that role. >> had to be qualify withed because it came in which meant they had to -- that they were comfortable. implement it. >> social conscience wouldn't keep them from implement that but in the penalty phase, and ending with that nun who said he has to express remorse his age is a factor. you know he was young at the time only 19 at the time. so those all factor in. but again the aggravating factors oh, boy are they there. the youth of the victim, heinous of the crime. lack of remorse we really didn't see any remorse melissa until maybe nun said they will it but jurors only saw him feel remorse or show is remorse when guess what, his own aunt testified for hem. he didn't -- he wasn't weeping or emotional at all when he was hearing from victim's family what is does that tell you narcissistic? common sense. >> really appreciate it. >> that is all we have for now

liz claman is standing by an breaking news i'm going to hand it over to downedth count down starts right now. >> melissa has been bringing you boston bomber trial has reached a verdict you're looking at the live shot in boston where jury is reconvening to the verdict right now. life or death for dzhokhar tsarnaev. we will bring it to you the second is happens is alibaba the key to netflix ruling, the far east, the tour apparently talking about how shares of netflix soars toe an all time high. profits from disaster or sound strategy from washington, d.c. shooting through the roof in the wake of the philly travel disaster we have the company with the no gouging policy, and hold fat joke please. part of tom brady defense