bill: so well said. see you you tomorrow guys. bye-bye. jon: fox news alert a confusing situation underway right now in california. police are on the scene of two different shootings, not very far apart, one in the town of sunnyvale. this is live pictures from sunnyvale where authorities believe that the gunman involved in a shooting earlier is hold up in some kind of an apartment building there. there was also a shootg earlier at a quarry in cupertino. at first the police were saying these two are not related, even though they are not that far away from each other. now there are mixed media reports that suggest that in fact the suspect in that work-place shooting at the permanente quarry in cupertino may be hold up in sunnyvale. at any rate we are keeping an eye on it live. when we get more information we will bring it to you "happening now."

jenna: this fox news alert job cuts surging to the highest level in more than two years. that is according to a brand-new report out today by outplacement firm challenger gray and christmas. a separate report suggests a stark contrast to that, adp, the company that prints the majority of of the nation's paychecks, they say companies added more than 90,000 jobs in the private sector in september. both reports are often seen as a preview for a big jobs report. we'll get it on friday, a new unemployment rate, find out how many jobs were added or lost in the economy. you have two different data points today, two different views. more on both ahead on appening now." in another fox news alert a news conference on the investigation into a fatal helicopter crash yesterday in new york city. we are glad you are with us, everybody, i'm jenna lee. jon: i'm jon scott. "happening now" the national transportation safety board is trying to find out why a private helicopter took off and then tud lee plunged into new york city's

east river. that briefing from the ntsb is just getting underway at the crash site. five people on board at the time the helicopter went down. all but one made it automatic alive. the pilot said to be extremely experienced. he owns a company that manages a local airport. witnesses say the crash happened very quickly. >> it peeled over and it went over the propellers -- it didn't break apart, it didn't, you know -- it just went right overhead, it went -- the ceiling -- it's almost as if you just went like that. >> when you saw that happen -- >> when the mist was cleared, when the splash was over, most of that helicopter was submerged. now i ran over, it took me about maybe 20 seconds, and i thought i'd see people bobbing around in the water and there was no one. i yelled over to the people that were there, i said, where is everyone? and they said, they are not up

yet. fdny was the first people on the scene. fdny and nypd when the trucks showed up in maybe five minutes, i mean they were there, they were immediately there. we could hear the sirens coming. and a guy in a black wet suit was running towards where he could jump in. he didn't even have the suit on. >> and he jumps in. >> and he was running in. yeah, these guys are the heros. i watched a more owe in action today and he dove right in and he pulled up a girl. jon: so the investigation continues. david lee miller is live in our new york city newsroom. david. >> reporter: jon, it could have been a great deal worse if rescuers had not arrived at the seen minutes after that bell ranger helicopter plunged into the water shortly after take off. among the first to dive into new york's east river was a counter tere miss eupl team that was training nearby. when they arrived they found the

helicopter upside down and sinking fast with two men, a pilot and a passenger clinging to the skids. they threw off their heavy armor they were using for training and dived into the choppy water. >> we tried as best we could to do chest compressions to bring life back into them. that seemed to work, they started to brief after that. >> reporter: among the survivors a pilot and a british company. not as fortunate a daughter of sidney australia who was celebrating her birthday. a friend also survived. authorities are trying to determine the cause of the crash. the pilot is an experienced aviator. following an emergency landing in 2006, told a reporter and i quote, panic doesn't get you anywhere but dead. he told his attorney there was a mechanical failure with the helicopter. according to one report that helicopter came out of maintenance just last sunday. the ntsb has talked with the pilot and says at this stage the priority is collecting evidence that might soon disappear. we are told that the ntsb has a

15-person team now on site. new york congresswoman happens whose district includes the heliport is asking to ban helicopter flights into manhatten. since 1995 there about have been many crashes into the east river. bill river. jon: that pwraoeflg is just getting underway. we are monitoring it from the control room. if they make any headlines we will bring them to you. jenna: an emotional homecoming for amanda knox after her dramatic acquittal of the murder of her roommate in italy. amanda knox is now back at home with her family and friends in seattle for the very first time. you see video of her getting off the plane there. she is home after more than four years being behind bars in italy. knox says she is overwhelmed being back home but she had a message for all those who stood by her. >> thank you to everyone who has

believed in me, who has defended me, who has supported my family. um -- i want -- my family is the most important thing to me right now and i just want to go and be with them. so thank you for being there for me. jenna: dan spinning eris following the story live in seattle. there is a lot to be said about the story, dan. everything from wanting to know what her first night home was like, whether or not she had some of these reported million dollar book deals in the works. what do we know today? >> reporter: we don't know much of the specifics. we do know she did not spend the night with her mom or her dad in their houses or the grandmother because the news helicopters were following all the different vehicles leaving the air mort with family members but they didn't have amanda in them going to those various houses. so, you know, she was playing a

little cat and mouse with the media, that is her right. she doesn't want to have her every move watched by the media. certainly an emotional homecoming. you saw her yesterday. as soon as she walked out and saw all the cameras and all the supporters she actually started to cry right then and there, so very emotional knox r-r yesterday. where she spent the night we don't know. what happens next we don't know. her dad says she does want to finish her degree at the university of washington. she was an exchange student in perugia from the u-dub when sh happened to her four years ago. we understand she may want to work for the innocence project. she is very good in languages, sthaoe studied italian, german and fence. she could make a million dollars or so with an interview for one of the networks that won't pay for interviews, right? there is speculation of a movie deal. all of that is speculation at this time. mostly the family wants to get back to normal.

we spoke last night with her grandmother. >> we all are happy as can be. i can't tell you how much we were looking forward to that d day. it just laid on us for four years and we dealt with it as good as we could, and now we are over it, and we hope to get back to normal. >> reporter: elizabeth huff the grandmother there about to turn 75 this month, and she says that having amanda home is her birthday president. she put up $250,000 in a second mortgage, taking out a second mortgage on her house. her parents did the same thing. they have racked up massive legal bills you can imagine over four years paying for all the lawyers involved both here in the united states and also in italy. they'll maybe recoup some of those costs with some of the media deals sure to come. back to you, jenna. jenna: see if they can get back to normal as the grandmother

told you, dan. thank you very much. dan springer in seattle. jon: new video of a crash between a light rail commuter train and a dump truck in downtown houston. these pictures are from closed circuit cameras. passenger had no warning. you can see the force of the impact literally tossing them out of their seats. police say the truck driver ran a red light but the driver told authorities sunlight reflecting off a building prevented him from seeing that red light or the oncoming train. more than a dozen people were hurt when the train was forced off the traction. none of the injuries said to be life threatening. martha threatening. jenna: unbelievable it wasn't worse. new information on a frightening story we brought you yesterday. police arresting this man suspected in a bizarre shooting spree along a major southern california freeway. his name is enrique, ayon, he's 24 years old and he's accused of firing a gun at a number of cars in the san diego area. police say he even fired at an ambulance. the 26-year-old man was shot in the leg east was driving his car

on the 805. that section of the freeway was shut down for several hours as police searched for the suspect. no word on a motive. again an arrest. back to this breaking story as well from northern california, two dead, six people injured after an employee opens fire at a rock quarry and cement company in cupertino california. that gunman is still at large. claudia cow he shall n is en route to the scene. she joins us live on the phone. >> reporter: we have new information for you as the manhunt widens in fact going into several cities now. the lehigh quarry in cupertino remains on lockdown while the search for this disgruntled employee continues but not only there as several other locations where criminal investigation -gs are unfolding and where shootings may have happened in the predawn hours this morning. it's unclear whether the shoot eupgs are all related there are three active crime

scenes at this time. this all started at about 4:30 local time this morning. officials say a disgruntled employee who came into a scheduled work safety meeting brought with him an assault weapon and a handgun and just hospitalized fire. eight people were shot, two of the victims died. shortly afterwards came reports of a shooting victim in the nearby city of sunnyvale. and law enforcement officials are now moving over to that area. and now we are getting reports that law enforcement moving to the hewlett-packard campus in cupertino seven miles away from the quarry. it's unclear whether anyone has been shot there. we are told that the hp campus in cupertino are on lockdown. several thousand employees at that facility may not be going to work, at least not nor a little while. reports are coming in also jenna that the gunman may have carjacked a woman in all of this. again he remains at large and a lot of tension in the cupertin

cupertino-sunnyvale today. a lot of law enforcement officers on scene, ambulances, members of the swats team as well. we'll bring you a live update as soon as we can. jenna: we'll take you at that time as soon as you get to the scene. thank you very much. a quick review for our viewers, it's just after 8:00 on the west coast. the shooting happened around 6:00 in the morning, jon or that is what the report suggests. we have these trails of different reports of crimes from shootings to carjackings. as claudia mentioned that hp campus, the pew let packard campus, these are huge, large complexes for some of the major tech companies. not sure if anybody is at the complex at this time as it is early out there. definitely a breaking story we'll bring you up to date as we hear more out of california today. jon: a brand-new poll in the republican race for the white house, have you seen these numbers? herman cain is surging past rick perry. he's tied with mitt romney for the top spot. what is behind his dramatic

rise, and can he keep it going? we'll talk with the man himself, herman cain joins us live moments away. jenna: it's nice when the numbers go with you, rather than against you. citibank out with new fees. why the big banks are charging you big bucks to handle your own big money. jon: i hate that. her husband gave his life for our country. one of the navy seals killed in a chopper. his widow has worn his wedding ring ever since. how you can help her, next. n? ♪ [ gong ] strawberry banana! [ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8.

jenna: fox news is america's election headquarters. more good news for republican presidential candidate herman cain. a new cbs poll shows a cane

surge. he is now tied for first place at 17% with mitt romney and well ahead of rick perry as you can see on your screen. two weeks ago for context cain add about 5%. herman cain joins us live on the phone. mr. cain we met yesterday with my hair in rollers as you were doing an interview for fox & friends. i appreciate you coming on in spite of that. >> well general ahh look beautiful without your rollers in your hair. we are headed to the villages. the book came out today. this is herman cain, 4 is herman cain.com people can get information about where we're going to be. thanks for having me on. jenna: thank you for the time. i know you're bus he on the book tour. that's why i had to grab you and introduce myself. some people are criticizing you because of the timing of this book saying you're taking your eye off the ball in places like

iowa, and talking about policy versus your book. what do you have to say about that? >> first of all this book tour was planned months ago. second lee i have been to iowa 18 times this year alone, and many of the times when i would go to iowa i would be there for days on end. we are planning to go back to iowa. this book tour was planned long before we got to this particular point, long before i started to rise in the polls. we've got to stick to the plan. we are going to go back to iowa and new hampshire. as you know, jenna in politics when you're running for office you're going to be criticized for anything and everything people want to criticize you. we just want to have the momentum right now. jenna: you talked about the specific policies you put forward, the 999 plan is obviously one that has gained a lot of momentum. there have been some questions about specifics on that. the national sales tax, the 9%

tax that you talk about as part of this plan, would that include grocery times. >> it would include grocery items, yes. let me just clarify that, because that is the one that people are not used to. we have actually taken a scenario, jenna where if you have a family of four making $50,000 a year, you have a family making 5,000 tkhr-rz a year we've actually gone through the calculation to show that even after you go to pay the sales tax on groceries and all your other items for $50,000 a family of four they still have $2,000 left over even after they go through the 999 because you're talking about the 9 on the personal income and the 9 on the sales tax. the family making $25,000 a year is going to come out ahead by about a thousand dollars. we wanted to each this plan simple, no special exemptions, and everybody, net, net, most people net, net will be paying less in taxes. jenna: how concerned are you

about a tax like that, considering the higher food prices that we've seen over the last several years. some of the prices have gone up and it's really hurt american families. that's why i'm focusing a little bit on this specifically because people want to know in a plan like this how it affects their personal finances. >> you're absolutely right. a lot of families have suffered. but here are two things that we are going to do in order to keep the prices from escalating. number one get this economy growing. in addition to having a net, net lower tax break for everybody that is out there working, remember the biggest tax that a lot of people pay is the payroll tax, that is 15.3%. that is going to go to 9. if you have got the economy growing. the thing that will stimulate the economy is certainty. businesses aren't planning for tpwroet. but they are going to plan for growth, because we're going to say thinks the tax plan we are going to use, we want people thinking about growth. my energy independence strategy

will also help. one of the biggest discretionary items that a lot of families experience is the cost of gasoline. right now costs are down but as you know it doesn't stay down and it's not going to stay down until we get serious about energy independence which is one of the major corner stones of my whole platform. jenna: mr. cain, i know you're on the road today on the book tour. we appreciate the time you take to join us today. we have a host of other questions for you. we hope you comeback soon. jenna: make sure people go to herman cain.com for details. if they want to watch up with me on this tour for the next two weeks. thanks, jenna. jon: people are finding him, it's reflected in the polls. jenna: there you go. jon: a major interstate shut down in both directions when a dust storm rolls in, and there were devastating consequences. that's next.

jon: i'm jon scott in our acquisition center at fox where we bring in satellite feeds from all over the country. today we are focusing on california and remote 224 up there. that is cupertino, california where apparently a one-man crime spree has caused all kinds of mayhem. authorities say one man walked into his workplace, a quarry in cupertino, killed two people, shot six others. he then carjacked a woman from the campus of hewlett-packard in cupertino and shot her in the leg. he is now believed to be hold up in a house that is somewhere in camera range of remote 259 right there. you can see the swat officers who are there trying to get this guy to come out. we'll see how this thing ends. so far he is thought to be still

i live inside that house. we'll keep you updated. jenna: dramatic live images there. we'll again stay on that story. a blinding dust storm leaves a mess along a busy arizona interstate. drivers unable to deal with near zero visibility causing some major problems in traffic. one person also died in those crashes. that obviously is the most important headline of all, rick, what is going on there. >> reporter: that's true, jenna. it was one pileup off another in arizona yesterday. 23 different vehicles involved in separate crashes. one person was killed, 15 others wounded. this was a dust storm that created conditions that were so bad that police had a heck of a time responding. listen. >> with zero visibility it makes it very difficult for our officers and first responders to really communicate and figure out exactly what is going on with the scene. unfortunately the dust storm hindered our ability to to do that. it took several hours to figure out p-l what had happened and treat the injured parties.

>> reporter: emergency crews were not enable to bring in helicopters to air lift the most seriously wounded to local hospitals. forecasters say the wind should continue to taper off a bit today, but drivers in arizona be ware another system is expected to come in tomorrow and could generate a dust storm just as dangerous as the one on tuesday. jenna: thank you. jon: scary stuff. a nation paralyzed as angry government workers simply walk off their jobs. we'll explain why they are taking to the streets. and some new fallout from the federal raid on gibson guitar, why the entire industry and retailers who sell them may have cause for concern.

jenna: fox news alert talkerring you back to california where we are watching basically a crime trail in front of our eyes. earlier this morning there was a shooting at a workplace in cupertino, california. what you're seeing right now is new video of neighboring sunnyvale. here is how this all worked together according to local reports which we're trying to piece together at this time. a man opened fire in his workplace, which was the rock quarry in cupertino. he flees on foot, car jacques a woman, shoots her, takes that

car to this home. we don't know if that is his home or somebody elses, and he's hold up in the home and you can see the s.w.a.t. team on the scene at this time. in the workplace shooting two people died earlier this mourn. we got these first reports around 6:00am local time. 9:00 on the east coast. this has slowly developed with different crime reports popping up and some confusion amongst police in the area about how they were related. claudia cowen is now on scene. we had her on the phone and the way to this trying to again piece together what actually developed this morning, claude dea. what do you know and what do you see on scene now? >> well the important thing for people in this area is to know that this gunman, this disgruntled quarry facility employee is still on the loose. to add to all the confusion and chaos here it's starting to rain. sheriff's officials have released this picture of the suspected gunman.

he's identified as shareen aman. in his 40s. this is accrued graphic of the suspected gunman. police want people in this area to be on the look out for this man. we'll have more information on the suspected gunman in a few minutes. ef is still on the loose. police now looking for him at one of several crime scenes that are unfolding here in this area. not only here where the quarry is, but also at hewlett-packard which is on lockdown ts morning and also at a separate location in sunnyvale, where a woman was shot during what is believed to be a foiled carjacking. that carjacking was not successful, so authorities seem to believe at this point that this gunman is still running around, possibly armed, said to be very dangerous. so the manhunt continues. we're going to get more information, jenna, bring it to you as soon as possible. jenna: great work by you and your team getting on scene as quickly as you did.

as claudia mentioned more information as we get it. now a picture of the suspect in question. a breaking story out of california today. claudia, thanks. jon: new fallout to tell you about from a federal raid at the factory that makes the iconic gibson's guitars. the instruments strupld by some of rock's biggest stars. the feds seizing wood that they believe was illegal lee imported. virtually all guitar makers use the same stock. there are fears that other companies could be at risk at well. as well as their workers at the factors. >> reporter: a lot of concern about this across the country. we should tell you that gibson's ceo is scheduled to meet with federal investigators this morning at his headquarters in nashville. we hope to hear the roults of that meeting in just a little while. and there was a big tea party rally in support of gibson that is scheduled for this saturday in nashville.

all of that we are watching revolve around this story. to your point it's correct, jon, so many other guitar manufacturers around the country including gibson use the same type of wood. one of them is dave berkowitz. he's in washington d.c. he makes about a dozen guitars every year. they start at $8,000. these things are real works of art. he use he the same type of wood that gibson does. he cannot get that wood any more. he's afraid to use it even if he did get it that maybe the feds would bust down his door and seize his wood. i spoke with tennessee congresswoman marsha blackburn, gibson is among her constituents. she told me what is ph play here is mourn the lacy act which is what covers these types of woods. it was amended in 2008. she says across the country in her travels she's heard an awful lot of anxiety from many different industries. >> many people look at this and say if it happened to gibson, could it happen to me? >> reporter: there is an awful

lot of confusion around this as well. according to the lacy act, east indian rose wood and ebony is illegal to import into this country even though the indian government says you can have awful it that you want. the national association of music merchants, that is nam has sent a letter to president obama and to every member of congress complaining about the confusion and complaining about the affects than its members. here is part of that letter talking about the quote, unintended consequences of the lacy act that we feel are damaging to our industry and the economy. as you pointed out, jon, it's not just manufacturers like gibson, it's retailers, like george gruen's. it's one of the most prestigious guitar shops in the worlds. he deals in a lot of exotic guitars that include many materials that are banned, elephant ivory, brazilian rose wood. he has to fill out so much paperwork in order to sguitars s it's just not worth it. here is what he told me. >> it's gone from 40% of our

business to less than 10%, and it does mean for us to either import or export vintage american instruments have become so cumbersome that in many cases it's just simply not worth it. >> reporter: talking about exports there used to be 40% of his business, now 10%. you can't make that up in domestic sales. i talked with senator lamar alexander who is one of the cosponsors of the amendment to the lacy act to include woods. he says it looks like there are problems here, we are very sensitive to what is happening in the musical instrument industry. it was never meant to target guitars. they said they'll take a good hard look eight. and if it need changing we'll change it. jon: i have guitar wood in my basement. >> reporter: where are they from? jon: do i need to call the feds and get them checked. >> reporter: if you have the chain of custody if you have the documentation you're okay. if you can't prove where those came from you could potentially be at

risk. i'm very impressed, jon. jon: i'll let you know when i get one done. see if it's playable. >> reporter: i tried to make one as a kid. it turned into a clock. jon: john roberts. thank you. jenna: we have to move onto this fox news alert now a major search underway for a missing baby in missouri. tenmonth-old lisa irwin last seen monday night in her bedroom. police originally issuing a amber alert, but it's been canceled. the cops say the parents are being very cooperative and they've now expanded the search area around the little girl's kansas city home. we have a captain from the kansas, missouri police department. captain why do you think this is an abduction. >> we are not sure what happened. we don't have any hard information to go forward with. we are not taking anything off the table. jenna: i understand f.b.i. is involved. also atf, and immigration

enforcement, ice. why are they involved as well. >> there are several task forces going on at all times where all agencies are working together. when this happened yesterday morning everybody dropped what they were doing and came over here to help out. jenna: do you have any leads at this time? >> unfortunately no. i would i love to say that we do, that we could release hard suspect information. at this time we really don't have anything more than we had yesterday morning. jenna: any indication this child is injured or hurt in some way? >> you know, we don't know. only that the child was put to bed around 10:30 in the evening. when the father came home from work about 4:00 in the morning he noticed that the child was missing. jenna: what are you doing now to try to find this child? >> well we had over a hundred people out yesterday doing an area canvas, knocking on doors, walking through a heavily wooded area that is behind the house and we covered that as best we could yesterday. today we are going back knocking on doors where we didn't get an answer yesterday. we are sending a different set of dogs through the woods for about the third time again

today, and quite honestly we're trying everything we can think of. jenna: if the search is still ongoing why cancel the amber alert? >> the amber alert is designed for an immediate sense of urgency. for instance there might be a child shoved in a van or something like that. after 12 hours i think it served its purpose. we don't want to delieutenant the amber alert. if you have it up on a highway for 48 hours people stop paying attention. it doesn't change a thing of what we are doing at the scene. jenna: does the family have any indication of any sort of motive why anybody would want to take their child? >> i don't know, i know they were cooperating with detectives all day yesterday and into the evening as well. we have not defended any information that we can go forward with. jenna: captain steve young we wish you a lot of luck finding this little girl and we appreciate the time, sir, thank you. >> thank you. jon: we are continuing to keep an eye on this chaotic situation in northern california. it started with a shooting at a

quarry and cement company in cupertino. authorities suspect that a worker there, 45-year-old shareef aman came to work with an automatic weapon on a handgun and shot employees at a regularly scheduled safety meeting. two people are dead, six wounded. then according to authorities the gunman ran to the campus of hp, the hewlett-packard corporation, not far away, carjacked a woman, shot her in the leg and took off with her car. at this moment they have the s.w.a.t. team surrounding a home in sunnyvale, california. you can see the swat officers there outside the house. it is believed that the suspect, 45 years old is inside that house. they are trying to get him to come out, they are trying to negotiate some kind of surrender, but as far as we know they have not been able to make contact with the suspect yet. we will continue to watch and

keep an eye on it and let you know any updates as they happen. ♪ i think i'll grab me a bowl and spoon now ♪ ♪ crispy flakes calling my name ♪ ♪ yaaaaaaay! four grains come together for nutrition

in perfect harmony with great taste. honey bunches of oats.

jenna: this fox news business alert. you've probably heard the story about bank of america. they are charging customers a monthly fee to use a debit card. you have to pay to spend your own money. now city is getting into the a act. lori rot is here to tell us a little bit about it. >> reporter: the fees are coming at us left and right these days. first the details from city, if you have a checking account you certainly want to listen up. they are increasing the minimum balance on all of your accounts. $20 is the monthly fee as the stands for most of their general checking accounts. but your combined account balance now, minimum balance goes up to $15,000 from $6,000. what's more if you have the free, free, easy checking account you'll be charged $15 a month if you don't carry a minimum balance on that one of $6,000.

jenna: they want to you have more money in the bank otherwise you'll be charged. >> reporter: exactly. again you mentioned bank of america charging the debit ef-5 tkhr-rz a month. citibank will phase out the free easy checking account. this is a whole new climate of regulation we're seeing in the banking industry, and we know why because they can't charge the merchants the swipe fees any more. so they are maybe being it up on the other end hurting the consumers. so it's costing us more in the long run. jenna: these are the banks we bailed out with our taxpayer money. the question is becoming and i'm sealin seeing this addressed a little more by analysts, are the banks healthy, do they need nor money, is that why they are charging or is it anticipation of what is happening with the economy more of their motivation. >> the quick answer is yes, and

yes, it's highly politically charged. in the bank's defense they are caught between a rock and a hard place. they have to forgive a lot of these bad mortgages. take bank america who acquired countrywide, huge vulnerability there as well. it was the durbin amendment. and senator durbin from illinois himself took the senate floor, he said if you don't like the $5 bank of america fee get rid of your cars. the bank executives sure have been paying themselves quite a bit too. they are not totally out of the woods on this. everybody is a little bit to blame but it really comes down to this whole new climate of consumer regulation that we're dealing with. nna: more money on the books for be everybody, for the consumer and the banks as well. interesting story. this is just the first phase. we'll have you back to talk about other phases as well. always nice to have you, jon.

jon: continuing to update you just into the fox newsroom, new information about that shooting in california. at about 4:00am california time an employee at a quarry company and cement mixing plant walked into the scheduled safety meeting carrying a rifle and a handgun, opened fire, killed two of his fellow employees police say and wounded at least six other people. he then took off, carjacked a woman on the campus of hp, the hewlett-packard company, shot her in the leg. turns out he was unpuck full in getting her car. he then ran to a neighborhood apparently in sunnyvale, california. this is a picture of that suspect. authorities have been looking for him. they believe they have him surrounded in a house. shareef aman45 years old. he's an employee of the cement

company. they have surrounded the house where they believe he is with the s.w.a.t. team. so far no resolution to the case. we'll keep you updated. jenna: a call for a special council on whether eric holder lied to congress in fast and furious. we have a live report and an interview with stepbz cronyn coming up. >> reporter: when we comeback we're going to tell you how you can help this woman. she's been wearing her husband's ring on her hand since he died. she lost it this past weekend. it slipped off. she is desperate to find it and needs your help. >> losing a spouse is obviously terribly difficult, and then to lose the ring, i mean it's my fault, but to lose something that -- it was a symbol of our love and our commitment to one

another is just -- it's crushing, it's crushing for me. [ male announcer ] drinking a smoothie with no vegetable nutrition? ♪ [ gong ] strawberry banana! [ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8.

jon: right now the widow of a fallen navy seal is desperately hoping to find a precious symbol of her love. she is appealing to the public to help find it. rick has the story for us. >> reporter: every time eric vaughn had to leave his wife and two young children he would leave his wedding ring at home she his wife could wear it as a symbol of their love. unfortunately she lost it. on august 6th he was killed in afghanistan when his helicopter was shot down. 30 u.s. service members were killed in that crash, including

22 navy seals. here is kimberly talking about her husband. >> it's funny the things you remember, the smell of their skin, and the way they walk, and, you know, just come in the door and put their keys down. those are the little things that i'll miss. i just remember him climbing into his truck and telling me he'd see me soon. and how much he loved me and the kids. so i will always value and cherish that moment, the last moments that i got to spend with him. >> reporter: as i said kimberly continued to air aaron's ring until this past weekend. she lost it while flying from texas to her home in virginia. now she has taken to facebook to ask people to help her find the ring. so we have put a link to her facebook page on our website, and i want to show you where it is. as we take a look at these

heart-breaking pictures now. so cute but so heartbreaking considering what's happened. if you go to foxnews.com this is the "happening now" home page, you're familiar with that. go all the way to the bottom, scroll all the way to the bottom, and then here you can see additional resources as seen on "happening now." this is a direct link to kimberly vaughn's facebook page. even if you can't help her find aaron's ring at least go to that link and click on it and thank her and her family for their sacrifice to our country. thank you, jon. jon: that is a heart-breaking story and i hope our viewers can help her get that ring back. that would be great. rick, thank you. jenna: i'm not going to speak about it. i think if anyone can do it our viewers can. we'll keep you updated on that as well. back out to l.a. where jurors in the conrad murray manslaughter trial set to hear from him in his very own words. what he told police in the hours after the pop star's death.

back to cupertino. a live shot now where a work-place shooting happened earlier this morning. two people are dead, others injured, and a man on the loose, a s.w.a.t. situation still developing. more breaking news right after this short break. ♪ my sunglasses. [ tires screech ] ♪ oh, it was the first time i fell in love ♪ ♪ the first time i felt my heart ♪ [ man ] people say i'm forgetful. [ horn honking ] ♪ ...all through the night [ man ] maybe that's why we go to so many memorable places. ♪ [ male announcer ] the subaru outback. love the road you're on.

when i got my medicare card, i realized i needed an aarp... medicare supplement insurance card, too. medicare is one of the great things about turning 65, but it doesn't cover everything. in fact, it only pays up to 80% of your part b expenses. if you're already on or eligible for medicare, call now to find out how an aarp... medicare supplement insurance plan, insured by unitedhealthcare insurance company, helps cover some of the medical expenses... not paid by medicare part b. that can save you from paying up to thousands of dollars... out of your own pocket. these are the only medicare supplement insurance plans... exclusively endorsed by aarp. when you call now, you'll get this free information kit... with all you need to enroll. put their trust in aarp medicare supplement insurance.

plus you'll get this free guide to understanding medicare. the prices are competitive. i can keep my own doctor. and i don't need a referral to see a specialist. call now to get a free information kit. plus you'll get this free guide to understanding medicare. and the advantages don't end there. choose from a range of medicare supplement plans... that are all competitively priced. we have a plan for almost everyone, so you can find one that fits your needs and budget. with all medicare supplement plans, there are virtually no claim forms to fill out. plus you can keep your own doctor and hospital that accepts medicare. and best of all, these plans are... the only medicare supplement plans endorsed by aarp. when they told me these plans were endorsed by aarp... i had only one thing to say... sign me up. call the number on your screen now... and find out about an aarp medicare supplement insurance plan. you'll get this free information kit... and guide to understanding medicare, to help you choose the plan that's right for you.

as with all medicare supplement plans, you can keep your own doctor and hospital that accepts medicare, get help paying for what medicare doesn't... and save up to thousands of dollars. call this toll-free number now. jenna: fox news alert. here we are at high noon on the east coast. you're getting a live look out on the west coast in northern california. sunnyvale, california, to be specific where we're well, crime scene that has span ad few different areas around the area of cupertino in northern california. that is right outside san francisco. two people are dead from a workplace shooting that took place around 4:00 a.m. we think in the morning. out at this rock quarry in you can see the shot is shaking a little bit. we're getting a better view of s.w.a.t. team members around this house. here is potentially could be

in the house. as the shot goes off sometimes we're watching live and there is swat situation developing. you can see inside the house television may be flickering or computer and they don't want to give away their position. hear is the live shot. here is what we think is going on here. a man shot two people, injured seven others in a rock quarry as he ran to the hewlett-packard campus nearby where the other shooting took place. apparently he attempted a carjacking but we're not sure if he was successful. the house on the screen we don't know who it belongs to. there is suspect reportedly on the loose and armed. the police are trying to find out where this guy is. they think he is in this house. but we've been watching the situation for about an hour now and no real significant movement by the s.w.a.t. team there. obviously developing situation. you have two people dead. several others are injured. here is another live shot from a helicopter from our friends at ktvu of this rock

quarry where the shooting took place. again, two people dead, jon. there were reports early on this was some sort of training taking place and the man showed up with a gun? jon: apparently they have have a weekly safety meeting. imagine that, you're having a weekly safety meeting at your place of employment and in walk as guy with a couple of weapons on him. apparently had a beef with management. you never know what motivates these things. but that is the guy that police have been looking for. they say he is armed and dangerous and they think that they have him cornered in that house in sunnyvale. we will continue to keep an eye on it. bring you newevelopments as they occur. jenna: breaking news is good way to start off an hour. we're glad you're with us for this one. hi, everybody, i'm jenna lee. jon: i'm jon scott. happening now, new reaction for calls for a special counsel whether the attorney general lied to congress. jenna: that is big

allegation. it was all over testimony eric holder gave in may about what he knew about operation "fast & furious". jon: which told you about that it was the federal gun trafficking sting that was botched connected to a border agent's murder. some lawmakers are calling for a special investigator after new documents surfaced contradicting the attorney general's statements. steve centanni is live in washington with more. steve? >> reporter: hi, jon. the idea of appointing a special counsel to investigate the attorney general was raised by republican congressman lamar smith. the man spearheading the whole probe, congressman darrell issa from californias says maybe a special counsel is not the greatest idea. >> if they say they want a special counsel and then the justice department stonewalls the special counsel the way they have us for almost a year, what ends up happening they push it until after the election and then perhaps we really never get our justice for this wrongdoing that led to brian terry and others dying on

both sides of the border. >> reporter: brian terry is the border patrol agent killed near the mexican border last december. guns found at the scene linked to the government program called "fast & furious". the idea was to keep track after bunch of guns going to mexico to see where they led. instead the feds lost track. the controversy surrounds attorney general eric holder and exactly when he knew about all this. >> when did you first know about the program officially i believe called "fast & furious", to the best of your knowledge, what date? >> i'm not sure the exact date but i probably heard about "fast & furious" for the first time over the last few weeks. >> reporter: now that was in may. documents show holder was brief repeatedly on the program as early as july of 2010. doj spokeswoman claims holder did not misstate the facts. she said there's a difference between quote, knowing about an investigation, and being aware of questionable tactics employed in that investigation. so far there has been no

response from the white house on that request for a special counsel. jon? jon: that is going to get interesting. steve centanni in washington, thank you. >> you bet. jon: one lawmaker furious with the way the justice department is handling the investigation. senator john cornyn of texas will join us with his thoughts on that in just a few minutes. tracking some new poll numbers at america's election headquarters. those numbers show mitt romney has the best chance if the election were held right now of beating president obama. the quinnipiac university survey gives romney a slight edge over the president, 46-42 the margin of error makes the race a tossup. closer match against rick perry gives the president a slight lead of 45% to governor perry's 44. this same poll shows more folks are eager to vote compared to previous races. 30% say they are more enthusiastic. 22% say less so. meantime the president's popularity is in the

negatives, 53% view him unfavorably. 42% have a favorable opinion. chief political correspondent carl cameron is live in washington and distilling some more of these numbers for us. >> reporter: hi, jon. poll numbers are not only what we look attic particularly the national level. more important where they stand in the horse race numbers where they stand in their bank account numbers. and we've just found out that rick perry, the texas governor who has been through a pretty rough patch on the campaign trail in terms of debate performances and questions and criticism from conservatives and republican rivals won the third quarter fund-raising race. $17 million collected for rick perry and he did so in only 49 days of the third quarter. he got into the game late. so he only had half the time to raise money. 22,000 individual donors from all 50 states. rick perry's cash on hand when all is said and done at the end of the third quarter that just expired with september, about $15 million

cash on hand. that compares pretty favorably to mitt romney. romney is expected to have raised about $15 million in the third quarter. and yet, it is actually down from the 18 1/2 million that he raised in the preceding quarter. the second quarter of this year, 3-month period when he raised 18 1/2 million. romney's numbers are dropping in terms of fund-raising though he leads the polls. he will probably have more money on hand than perry as well. romney's six-month fund-raising haul is 30 to 33 dal million. that is only couple million dollars oaf the pace in his last presidential al campaign. it is worth noting herman cain who is toing third in many of the national surveys is not likely to be as competitive in fund-raising though his aids said since aides won said the straw poll and debate performance he is raising couple hundred thousand dollars a day. so it is better than it ever has been for him. jon? jon: it comes down to money

in the final sis, doesn't it. thanks, carl. jenna: democrats hanging onto the governor's mansion in west virginia. many a race viewed referendum on president obama and his health care overhaul. the results show something maybe different than that. doug mckelway live in morgantown, west virgina with the latest. doug? >> republicans feel this is the one got away from them. they thought victory was in reach. republican governors association spending $3.4 million in the final weeks of it. tried to paint this as referendum on unpopular policies it on the obama administration. it was all for naught. tom blin that he was no disciple of president obama. this was a man endorsed by the national rifle association. also by the west virgina coal association and perhaps most importantly by popular former governor and

president u.s. senator joe manchin. ironically the democratic national committee did today what republicans tried to do during the campaign which is align the winning candidate with the policies of president obama. in a statement, debbie wasserman schultz saying quote, they voted for governor tomblin someone like president obama has his eye on the ball, working to create jobs, educate children and win the future. but in fact governor early ray tomblin has a different idea how to win the future. listen to his remarks from his victory speech last night. >> i will fight for our state's coal industry, the backbone of our economy in west virginia. [applause] we will oppose the efforts by epa and others to stop production of the most efficient fuel our country knows. [cheers and applause] >> reporter: sew republicans will keep a very close eye on the state. they sense over the years it has been turning less and less blue. more and more red. who will be the next

candidate after this 14th month term is up? we don't know. i asked bill maloney last night whether he would consider another run. he replied, i haven't even begun to think about that. jenna. jenna: a whole another ballgame ahead. doug mckelway. we appreciate that. we'll move onto the a fox bills alert. new report showing september was the worst month for job cuts in two years. this of course is a major issue for 2012. the data we got today from challenger, gray & christmas. that is an outplacment firm that takes a look at companies what they expect to cut, not necessarily the actual cuts they make. charles payne is with us from the fox business network. he has his own show on 2:00 every day as well there. >> yes. jenna: charles, what do you make of this report? we also had another report from adp. how do you take the two together? >> i see a glimmer of hope. the adp report, 191,000. estimate was 175,000. jenna: private sector jobs. >> private sector jobs. the overall number on 50,000 on the street. edged up a little bit.

we've had about six or seven days in a row with good to really good news overshadowed by some of the other things like what is going on in greece. and our our own problems here at home. jenna: as far as the jobs report on friday, what do you expect to see? what does wall street expect? what do you think the reality really is on the job market right now? >> hear is the thing. it is one of the things that it's a small hurdle we can climb over. if we get a number like 90,000, keep in mind, 90,000, 100,000, at this sort of the depth in the recession we're in right now is really nothing. we really need at this point 250,000 jobs. but if we get 100,000 jobs we might see a big spark in the market. it might just sort of stave off the notion we're in an official double-dip recession but certainly not, doesn't mean that we're generating anything. jenna: it is so interesting to see these two reports that often times, not always, but often times move in tandem and they're showing us two different things. challenger, gray & christmas showing us these huge amount what is they see as planned

job cuts. adp saying, no we actually added jobs. how do you understand the discrepancy. >> bank of america stock under pressure, so amazing all the people rioting and upset at wall street banks, their stocks are at 2008 lows and they're in trouble. 30,000 from 80,000, bank of america and u.s. army because they're winding down the wars. if you say okay put an asterisk on it the number is not necessarily as bad. goes to show you 2012 will be a tough year for the economy. jenna: let me ask you about a report, now we're getting more information out of washington, d.c. that harry reid would like to put a 5% surtax on millionaires to help pay for the jobs plan that the president is putting forward. we're going to hear more details about that throughout the day. your gut reaction on something like that. >> i think it is a horrendous notion in two ways. economically it is bad idea. someone making 1 to $2 million they're not a silver spoon person. probably a couple that worked really hard.

they probably have coattails. they probably own a business. i found interesting two weeks ago when the president said he would be proud to call a class warfare person if a plumber and teacher and billionaire taxed like a plumber and teacher. take new jersey, successful plumber and school teacher may have income over 250,000. those are the exact people president is going after. these are the people he is demonizing. harry reid will have to compromise because you can't get a lot of senators and some of the wealthier states to go along with the 250,000 that the president really wants. we don't have details but i wouldn't be surprised if they went with the 5% surcharge, if they took out the 250,000. that is absolutely absurd. even one million, to be class warfare. not economic but might be one of these things, if you don't have a job because somehow this person is successful. jenna: will be interesting to see what actually is put forward and what is voted on. >> kind of crazy they have to do all this stuff. that they weren't on the same page to get this passed in the first place. president is pounding the table pass the bill now.

reid can't. jenna: interesting to see. a lot of dynamics happening. >> thanks. jenna: good to have you on set. thank you very much. jon? jon: there is new information, jenna on the search for a baby girl reportedly snatched from her crib late at night. police holding a news conference a short time ago. we've got the update ahead. and the manslaughter trial against michael jackson's doctor, prosecutors are using conrad murray's own words to try to make their case against him in court. the details and some new developments ahead

jenna: welcome back, everyone. right now new information on a few key crime stories we are keeping an eye on. police in kansas city are searching for a missing 10-month-old girl. her name is lisa irwin. that is her picture. parents say she disappeared from her crib in the middle of the night. more than 100 officers using horses and dogs are involved in the search. we'll update you if we hear any developments there. meantime manhunt going

on for a man who shot and killed two people and wounded six others at a california rock quarry. apparently there is also a 7th person that is injured. police say 45-year-old man may have shot a woman in nearby attempted carjacking. there is conflicting reports whether or not the carjacking was successful. a texas man wrongly convicted of killing his wife walking free today. imagine this. he spent 25 years behind bars for a crime he did not commit. dna evidence helped set him free. jon: well there's new information as the defense begins presenting its case in the connecticut home invasion trial. josh wrau komisarjevsky is facing the death penalty in vicious murders of woman and her two young daughters. laura engle is live in the news room with more. >> defense attorneys tried to convince jurors it was not their who spread gasoline around the petit

home and lit the match that killed the two petit daughters that it was komisarjevsky's accomplice, steve fenn hayes who was the real killer. he has been convicted and on death row. today komisarjevsky's defense team opened the case presenting an alternative explanation for the gas-like substance found on komisarjevsky's clothing after he was caught fleeing the burning petit home. earlier this week a chemist for the state's forensic lab told jurors that he found a petroleum-based product consistent with gasoline on komisarjevsky's pants, sweatshirt and boots but not on his gloves. the defense called witnesses today from the construction company komisarjevsky worked with to explain that they do use petroleum-based products to clean tools but couldn't say they actually saw komisarjevsky do so the day before the crimes. defense attorneys have said that the state didn't prove that komisarjevsky intended to kill the family members, tied up during the home invasion. in the audiotaped confession, komisarjevsky gave to police,

that was played for jurors, he describes closing the doors to the bedrooms of 17-year-old hayley and 11-year-old mikhail la, where they were tied up to both bide time before his accomplice allegedly ignited inferno that took their lives. when asked by police he didn't untie them first, komisarjevsky was heard saying he didn't think to do that. a neuropsychologist is expected to testify this afternoon about komisarjevsky alleged cognitive difficulties. during opening statements the defense portrayed their client someone panicked and indecisive, unable to make a quick decision in a stressful situation. we've got more coming up throughout the day. jon? jon: laura engle, thanks, laura. jenna: another big crime story here. jurors in the trial of michael jackson's doctor are set to hear from conrad murray in his own words today, not directly from the stand but from police interviews, taped shortly after the pop star's death. it comes as prosecutors call investigators and detectives to testify as well.

busy day in court as last several days. adam housley live in los angeles with more. >> reporter: court is underway. we'll get to that in a moment. first of all let's quickly give you a run-down of yesterday when a parade of girlfriends went through the courtroom. two of them saying they were acquaintances of dru murray. the third one saying he is his current girlfriend. contentious moments with the prosecution and witnesses when they went back a forth with a little sparring. interesting moment with the anding, acquaintance of dr. murrays was talking with him when the phone went did. this is the point dr. murray was supposed to be watching michael jackson and may have discovered jackson wasn't breathing. take a listen to the interaction. >> i said hello, hello and i didn't hear anything. i pressed the phone against my ear and i heard mumbling of voices. sounded like the phone was maybe in his pocket or something. and i heard coughing and

nobody answered. >> reporter: from yesterday to today there is live look inside the courtroom again. just starting underway here. we expect to hear that tape, jenna, you mentioned where dr. murray gives is miss interview to investigators after michael jackson's death in 2009. some reports say it could be the entire two hour interview. others say they will play snippets for us. we'll have it here live on fox. jenna: we'll look forward to those reports, adam. thank you very much. jon: a couple of murder suspects considered armed and dangerous also wanted for questioning in the disappearance of the man's father as well as a teenager in a neighboring state.

jon: an intense manhunt is underway right now for two mur suspects and police warn

they could be armed and dangerous. rick folbaum on breaking news desk. >> this started out as a missing persons case. it is now as you say a manhunt across two different states in the pacific northwest. cody miers is a 19-year-old from oregon and never made it home after leaving for a trip to attend a concert. police are afraid they may have met up with these two. holly grigsby on the right. david pedersen on the left. a boyfriend and girlfriend with extensive criminal background are wanted for the murder of pedersen's stepmother in everett, washington. pedder send is 5'10", 165. green eyes and red hair and a lot of tatoos. they're on his upper body his arm and left cheek. grigsby is five seven. 160 pound and light brown hair and green eyes. pedersen's stepmother, leslie pedersen was found murdered september 29.

her husband, pedersen's father is still missing. witnesses say they spotted the fugitive couple in the car of cody meyers. police very concerned about his well-being. of course so are his loved ones. >> he is gone. i mean i don't know who these people are or what they're doing or where he is at or if he is okay. >> it is heartbreaking. but we still hold hope we'll find cody and miracle will happen and we'll find him alive. >> reporter: if you have any information you're asked to call the oregon state police tip line. there is the number on the screen. they're heaping to find this 19-year-old and also, pedersen's father who as i said is still missing. back to you. jon: that all sounds pretty ominous. rick folbaum. thank you. jenna: another big story today, a call for a special investigator to look into what the attorney general knew about operation "fast & furious". eric holder testifying in may he learned about the controversial botched sting operation only a few weeks

earlier. and now new documents are coming out causing several lawmakers to question whether the attorney general lied to congress. and that's a claim that the justice department vehemently denies. senator john corn run of texas is our guest now. he is the chairman of the national republican senatorial committee. senator, this is a very serious accusation against the attorney general. so we need to be very civic here. why do you believe the attorney general contradicted himself in the statements he made to congress? >> testified before the house of representatives that he did not know about this botched plan called "fast & furious" to sell weapons to the drug cartels in mexico until april of 2011. these new documents reveal that information was provided to him ten months earlier. that this program was underway and he's given a really halfhearted and weak attempt to try to explain why there's no contradiction. i think he needs to come before congress.

he needs to take an oath and be subjected to questioning to clear this up. and you know if there is nothing wrong here, if he just didn't know about it, i think he should welcome that kind of inquiry to clear up this confusion. jenna: based on some of my reporting on this subject there seems to be a discrepancy between knowing and being aware of an operation and also knowing how controversial or the specific controversial details of the operation. i have a new statement from the department of justice official saying this. i'm going to share this with you now. none of the a handful of entries in 2010 regarding the "fast & furious" suggested there was anything amiss with that investigation requiring leadership to take corrective action or commit to memory this particular operation prior to the disturbing claims raised by atf agents in the early parts of 2011. so again, none of the entries suggested that there was anything amiss. senator cornyn, what is your response to that? >> the attorney general

either knew or should have known when brian terry, a u.s. law enforcement agent was killed in december of 2010 using one of these weapons, you would think that a reasonable investigation would take place which would reveal what the source of the weapons were, what the problem was, that it is tied to the bureau of alcohol, tobacco and firearms and this misguided program called "fast & furious". but if the attorney general is blameless and he said i didn't know what this thing had gone terribly wrong, you would think he would welcome the opportunity to come before congress and explain it. instead he is hoping to brush this under the rug. as happens so often in washington it is not the original offense that is so bad as it is the cover-up. i'm afraid it is beginning to look more and more like a cover-up. jenna: there have been accusations as well of another operation, wide receiver. i'm sure you heard this name. this is something that has come up in comparison or saying that "fast & furious" is often times confused with that. that operation was happening during the bush

administration and there have been reports that are suggesting that some gun walking was taking place during that operation as well. the same fervor to investigate that is not being use, was not used and being used instead on this administration. and there is contradiction in that, in itself. what do you think about that, senator cornyn? you were elected in 2002. you've seen several of these border operations especially consider your status in texas now. >> well i think the attorney general and his apologists are trying to change the subject. i don't care under what administration this happened. i'm unaware of any incident that happened under the bush administration. all the evidence i'm aware of it happened, started in phoenix but some of those weapons ended up in elpaso. they were found there last week. some were purchased from a legal gun dealer in houston in bulk purchases. those were reported and the atf said let them grow to the drug cartels. this is a disaster.

and american law enforcement agent has lost his life. these guns appeared at 11 crime scenes in the united states. we need to get to the bottom of this and the attorney general's not helping. he's obstructing access to the information that he says will exonerate him and his administration and we need to know what happened and we're going to find out what happened. jenna: senator cornyn, it is a story we'll continue to follow and we appreciate your insights today. again we have extended the invitation to the justice department so they can come on to speak to us as well about this but we appreciate your side as well, sir. always nice to have you. thank you. >> thank you. jenna: we'll be right back with more "happening now."

jenna: some new worries about the economy right now. while protests go on in greece over stiff austerity measures there designed to help keep the country from defaulting it tally, one of europe's to have five economies is downgraded by moody's. the ratings agency said the decision was based on high debt and weak global economy and uncertainty. that sound familiar, doesn't it. italy's credit rating wasn't tip top to begin with. that is, sparking fears of a double-dip recession. we're scoring that today with greg palkot live in london. >> reporter: problems get in greece getting worse and worse. 24 who have hour strike by public workers. militants throwing rocks and projectiles at police. police responding with tear gas and pepper spray.

folks continue to be upset about the austerity measures hitting hard in that country including layoffs, salary cuts, new taxes. all to meet the demands of the european union and international monetary fund. they're continuing to bankroll greece to make sure the country doesn't go bust. make sure it doesn't suck other countries down with it. one analyst i talked to said default in greece is now a done deal. this is more signs that spreading economic woes over in italy. that country reacting as you noted to moody's downgrading of the country's credit rating. this follows the standard & poor's agency doing exactly the same thing. alarming we're told because one by one the financial standing of countries across europe are being cut down notch by notch. as is the soundness of banks in europe french and belgian central banks today, rushing together a rescue package to try to save the dexia bank. that bank has big exposure

it european debt and is real trouble. the broader fear that banks and borrowing both here in europe and the u.s. could be affected by this. and what i'm increasingly told is, that the economic mayhem in europe could really send this continent and might send the united states into what is called a double-dip recession. ironically, what we're seeing today, jenna, is a little bit of an uptick in the european markets. it is the first good day in a long time for the past quarter, the third quarter, which saw the worst declines this continent has seen in many, many years. there's a little bit of support by countries and institutions. a little bit of hope, but that hope, according to one analyst is in her words, fleeting. what she says is everywhere i look, massive fear. that is a bit of a downer. back to you. jenna: a bit of a downer indeed. our markets here at home are flat, greg. thank you very much for the wrap-up. big question about the

double-dip recession. we'll move here to breaking news out of northern california. a story we've been watching all day for you. a workplace shooting leaves two dead, seven other people injured and the gunman still on the loose. santa clara county spokesman jose cardoza is with us by phone. what do we know about this man? >> we know, we believe him to be still in the area of our second shooting which is in area of homestead avenue in cupertino. he was last scene on foot in this area, armed with a handgun a rifle. we have tactical teams out here, actually searching for this person, house by house and yard by yard. we do believe him to still be in the area. jenna:wer seeing a picture of him on the screen right now. we've seen the s.w.a.t. team gathered at one particular home on, in a residential area. we're seeing some video we have of that from earlier today. are you zeroed in on one house or is it his house in the area that you're zeroed in on here?

>> no. no. that is actually, it was kind of last scene jumping on the side of that particular home or jumping a fence. i know there were a couple of homes they surrounded where witnesses and callers had saw him either running by or walking by the property. so again, that is why they're surrounding houses and checking yard by yard to make sure --. jenna: i'm seeing some reports, by the way we're seeing live pictures of them checking as we're talking to you, sergeant. i see we're also learning that a few schools in the area have been shut down and turned some kids away. what can you tell us about that? >> correct. as far as i know some of the city officials of the city of cupertino and nearby city of sunnyvale are be taking precautionary measures and notifying schools shelter in place and lockdown process for the kids to make sure they are safe. jenna: we have really know idea where this guy is? >> i'm sorry? jenna: we really don't know

at all where this guy is at this point? >> not specifically. other than the fact that we do believe he is still in the area. he was last seen leaving on foot. again armed, you know, the shooting location. that is where he was last seen. that's where we're concentrating our efforts. until we get more information and again we're asking the public to take precautionary measures and report anything that they see or hear to us. jenna: sergeant, we appreciate the time. i know it is a busy morning for you as we watch members about of the s.w.a.t. team lurk around the house in the residential neighborhood. just before 10:00 on the west coast there. it has been quite a morning in that area. we'll keep everyone up-to-date as we follow this developing story. jon: so many shooting events in so many locations it adds to the confusion. imagine going scuba diving and you surface but your boat has left you behind? in waters where sharks are known to swim. that happened to a couple of people in florida. the latest fallout on that case. and the multimillion-dollar

mistake. how a store clerk's error helps one woman walk away with a massive lotto jackpot.

>> hey every win, i'm megyn kelly. did the attorney general of the united states lie to congress under oath? that is what some top republican congressman are asking. so where could this lead for mr. holder? peter johnson, jr., is here with analysis. plus a 10-month-old baby girl is missing and police are frantically searching for her. we are awaiting a police news conference. we will have that for you live. and the latest in the michael jackson case as testimony heats up about the medications in his room. also president obama says he has not regrets about investing $535 million of taxpayer dough into failed company solyndra. why not? we're live, top of the hour. see you then. jon: right now in a

connecticut courtroom defense attoeys are beginning to present their case in a shockingly brutal crime. joshua komisarjevsky accused in that 2007 home invasion that left a connecticut mother and her two young daughters dead. the father narrowly escaped with his life. with the death penalty on the table many are wondering if the defense team will put their client on the stand? let's bring in our legal panel. former prosecutor nicole debord and criminal defense attorney tad nelson. nicole, komisarjevsky, the guy who is on trial in this case has a defense attorney who is known to put his clients on the stand. if you were defending this guy in this case, would you do so? >> yeah, i probably wouldn't. i think this is the kind of case where you really run a lot risk. what in the world can this particular defendant say that will make this horrific situation any less horrific? all he will do by getting on the stand make himself

available for cross-examination with these prosecutors that have had an incredible amount of time to prepare exactly what they want to ask and how they want to ask it. i don't really see any benefit to putting a client on the stand for jurors, i don't. jon: he supposedly has this disconnect, this inability to make decisions and so forth. wouldn't some of that be on exhibit for jurors it if in fact that's the case? >> and even if that's so, you can get a mental health professional to come and talk about professional evaluation which can describe why exactly a person might have incredibly poor decision-making skills. i'm not sure you will get the same feel from the person who has to answer questions about the horrific details of the crime that they committed, especially this kind of crime. i mean certainly it is the defense attorney's call and he knows his client better than anyone. obviously it will be up to him and the client. sometimes you don't get to choose even as an attorney whether or not your client testifies. that being said, not an idea i would choose.

jon: tad, we brought you in here to bring us the prosecution's perspective here. but i'm, i'm sometimes wondering, komisarjevsky supposedly has more culpability in this crime than stephen hayes did. stephen hayes was already convicted and sentenced to die. if i'm the defense attorney i might say, hey, why not? throw sort of a hail mary here and put my client on the stand? >> you hit the nail on the head, it is a hail mary. here is what the defense is looking at. with komisarjevsky they're playing the cards that he was less culble, not more culpable than hayes. they're trying to say hayes is the diabolical mastermind of this deal. they're saying hayes is the one that brought murder into the situation. and komisarjevsky, the whole time was saying hey, we're just here to rob these people. we're not here to kill them. where it gets dark for komisarjevsky his defense counsel is running out there and nobody is going to like komisarjevsky. nobody in that whole

courtroom is going to like him and his defense attorney is being overly aggressive. the jury will also respect an aggressive defense attorney doing their job ethically and honestly treating the situation with respect. in this case i don't know that jeremiah donovan is treating the situation with respect. he referred to the petits as the petit posse, people there supporting the doctor that lost his family. he has gone after witnesses. he has attacked them. and the one thing he needs to realize is, they're not going to like his client. he better make darn sure they like him. i can't imagine them liking him. and like my great-grandmother used to say. catch more bees with honey than you do with vinegar. this guy, i don't know what he is thinking. jon: if he puts him on the stand does it open up new avenues, new doors for the prosecution, tad? >> well of course it does. if you put komisarjevsky on the stand, can you imagine having a day and a half to look into this guy's mindset? you know, just talking to him about, hey, what were

you thinking as you tied their legs to the bed? what were you thinking about when you decided it was time to rape an 11-year-old? that's why i agree with nicole. there is no chance you can put this scumbag on. get his family, his mommy to pray for him. get his mommy to beg for him to be, to save his life. get doctors to come talk about him. if you put this scumbag on the stand, i mean so many avenues are going to be closed in this guy's face. it would be ridiculous. i can't imagine them getting near this guy. jon: a different approach than the stephen hayes defense team look. we'll see what happens if he gets on the stand. thank you both. jenna: three people shot and killed on a montana indian reservation. now the fbi is getting involved in the search for this suspect. we have a live update next

jon: just in, some new information on some stories we're watching around the country and really around the world from inside our control room. the coast guard is investigating a florida tour operator who left a couple of scuba divers behind. a private yacht rescued the pair. they were clinging to a buoy in shark-infested waters. juriry selection resumes in the trial of this man. abdulmutallab accused trying to bring down the detroit jet linewer an underwear bomb. abdulmutallab says he wants to be his own attorney. he interrupted his proceedings with anti-american rants. a georgia store clerk's mistake help an unemployed woman win a $25 million powerball jackpot. kathy scruggs asked for a mega millions ticket but given a ticket for the wrong game. she accepted both. she will not pocket $15

million in a lump sum after taxes. nice. jenna: that is a happy mistake. three people were found dead on an indian reservation in montana. now the manhunt is on for the suspect. there is one, rick. what do we know about this search? >> well a lot of people are looking for this guy. it is local police, the fbi. agents from the bureau indian affairs, part of the manhunt looking for a man they think is responsible for shooting those three people. this took place on the crow indian reservation in montana. it is bighorn county, if you're familiar with the area. hear is the suspect. sheldon bernard chase. he is 22 years old. 6'2" tall. 230 pounds. he has brown hair and brown eyes. the fbi says he has possession of a car, they're not just not sure exactly what he's driving. the fbi says it could be a toyota corolla or zoellick can with plates from north dakota or south dakota. he may be driving a

volkswagen jetta with expired montana license plates a couple of different things to look out for. if you know anything about the whereabouts of sheldon chase. call fbi salt lake city division office at 801-579-1400 or call your local police department. the fbi wants us to remind folks, jenna, that chase is considered armed and dangerous. he should not, should not be approached. back to you. jenna: a good reminder, rick, thank you. jon: a desperate search still underway for a little baby, a 10-month-old apparently snatched from her crib in the middle of the night? we're going to get you the latest on the search for little lisa. road trip buddy. let's put some music on.

[ woman ] welcome to learning spanish in the car. you've got to be kidding me. yeah, this is good. vamanos. vamanos. vamanos. gracias. gracias. gracias. ♪ trece horas en el carro sin parar y no traes musica.

mira entra y comprame unas papitas. [ male announcer ] get up to 795 miles per tank in the all-new volkswagen passat tdi clean diesel. it'll cause cavities, bad breath. patients will try and deal with it by drinking water. water will work for a few seconds but if you're not drinking it, it's going to get dry again. i recommend biotene. all the biotene products like the oral rinse...the sprays have enzymes in them. the whole formulation just works very well. it leaves the mouth feeling fresh. if i'm happy with the results and my patients are happy with the results, i don't need to look any farther. the annual enrollment period to switch your current medicare coverage is earlier this year. it begins october 15th and ends december 7th; so now is the time to consider the benefits and stability of an aarp medicarecomplete plan insured through unitedhealthcare. this plan combines medicare parts a and b

with prescription drug coverage, and more, all in one simple plan that may cost you nothing over what you already pay for part b. with preventive screenings, immunizations and an annual physical, all for a $0 copay. you'll also have the flexibility to change doctors from a network of dedicated providers. and it could offer you more, like vision and hearing coverage, and prescription drug coverage accepted at pharmacies nationwide. remember, the annual enrollment period begins and ends earlier this year. start getting the benefits of an aarp medicarecomplete plan insured through unitedhealthcare. call now. jon: you're a scuba driver. megyn. jenna: i found out that is a qualification as being married to a navy seal. you get married and then you get your certification. jon: imagine you surface after the dive and the boat is gone.

we talked to a couple in florida that happened to. jenna: were they checking out some of the coral? were they not paying attention. was it the tour guide? jon: i think you're supposed to take a head count. jenna: i'm glad i made it back on the boat, it's not an easy task but i'm glad to do it. jon: thanks for joining us today. jenna: "america live" starts right now. greg: fox news alert on a story develop this hour. we are awaiting a police news conference now on a desperate search for this missing tenmonth-old baby girl apparently snatched out of her crib in a quiet kansas city suburb. welcome to "america live," i'm ke megyn kelly. the f.b.i. joining day two of the search for little lisa irwin. no word of any substantial leads. the mother says she put the baby in her c