oh, facecake! there's some leftover cake. [ male announcer ] the new vivid. stay a step ahead with at&t 4g lte, with speeds up to 10x faster than 3g. ♪ >> "the o'reilly factor" is on. tonight... >> he came to you and he said he wanted some informs about how to look up sex weirdos? >> yeah, he said he wanted to see if jerry was on there. >> heartbreaking comments from the mother of an alleged victim in the penn state child sex abuse scandal. but many students are still firm flee coach joe paterno's corner. why are they so supportive? we will have an inside look. [loud commotion] >> two people dead at occupy wall street protests. is the movement accomplishing anything positive? we'll hear from both sides. >> i can't -- the third one, i can't. sorry. oops. >> and did rick perry suffer

from brain freeze at the debate? just how common is the phenomenon. >> what's the third one there? let's see >> caution. you are about to enter the no spin zone. "the o'reilly factor" begins right now. >> i'm juan williams in for bill o'reilly. will be back on monday. our top story, another stunning development in the penn state child sex abuse scandal. mike mcqueary, an assistant football coach and the so-called whistle-blower in the case has been put on paid leave, two days after the ouster of head coach joe paterno. in 2002, mcqueary reported seeing ger --ry sandusky abuse a little boy in a locker room shower. he shared that information with paferno. but neither man went to the

police and now both are being es64iate the for doing too little to stop the abuse. the board of trustees announced it will form a special committee to investigate what happened. meantime, the mother of the boy, number as victim number 1, spoke out about what she would like to see happen to sandusky, accused of raping or sexually abusing at least 8 young boys. >> i want justice. i want him -- i want him to be locked up. there is no -- there is no help for somebody that does this. there is -- you know, want like this. there is -- he needs to be put away. he needs to be put away for a long time. >> as we told you yesterday, the pennsylvania attorney general says paterno will wanted face criminal charges in connection with the case. but tonight, we have learned that he has hired a high-profile criminal defense attorney. let's bring in two attorneys to sort this through. joey jackson and stacey snyder. stacey, let me begin with you,

why is sandusky out on bail? >> 1; you are right for asking that question. he's an alleged sexual predator and this judge let him out on $100,000 bail. he should have been remanded. he should have been -- no bail should have been imposed. he should not have been given any opportunity to post a bail or a bond. and why they are treating him differently than any other alleged sexual predator is beyond my imagination. is it because he's in a tie and a suit -- >> i tie and a suit? he's a famous football coach and part of the penn state tradition -- >> yeah. >> but on a legal basis, from what you know as a lawyer, is there any reason that this man should be out? walking around the streets of pennsylvania? >> i think it's shock that this judge decide that he's not a riff to the community and set the bail low enough that he could post it and be out walking. most judges would say, there are 8 alleged victims, he's charged with sexually abusing young

boys. lock him up. he should be in jail, waiting for trial. >> these are the facts. the fact is, this is horrific, absolutely. what happened is abhorrent and if he's convicted and this happens to be true, he should be sent away for a long time. however to your original question, what is bail ?cht the purpose of bail is to ensure a return to court, unless our system of justice demands that people, if they can make bail, are afforded bail. bail is $100,000. the judge felt that was appropriate. only in our system of justice -- in our system fyou are a murderer, you get remanded. what does that mean? it means there is no bail afforded. in every other case, just about, bail is extended to the defendant. that's what happened here. hence, i would argue, he's not being treated any differently. he's being treated like every defendant. if you can make bail, it's a source of incentive to have you come back to court. bail is set -- >> let me just say. he's a threat to society. you understand how i feel, anyway. >> yeah. i think he's a threat to

society. he's a threat to children, given the allegations, i don't know if you looked through what the grand jury reviewed in their report i. horrific. >> it's unbelievable. this has been going on for a very long period of time. lots of people have closed their eyes. that's why i am saying, if my children near that town, i don't want jerry sandusky, given these allegation, associating with children! >> juan, you are right to be outraged. i think everyone in america should be outraged. however, ultimately, the judge made the decision and the judge's decision was predicated upon hathis person come back to court and under the bail conditions that i set and provide, would i ensure that there are safeguards that he would be there when i ask him to be there and not otherwise offend those conditions. understand this, juan: not that he should be givenab opportunity to offend anybody else, but if he walks the wrong way, i guarantee that those bail conditions will be readjusted. >> what if he flee? s. >> if he flees, they're out of luck. there will be an alleged

predator -- >> but joey said he can't swit on the sidewalk. what is stopping him from fleeing? >> why can't he take off, leave the country? they didn't revoke his passport? he is facing dozens of years in prison. you know -- [overlapping dialogue] >> you're right. >> but joey, you are leaving out the other consideration when a judge sets bail on, which is: is the person a danger to the community? how can -- >> that was my point! i don't get it. >> 8 boys. >> let me ask you, stacey, joe paterno as a high-profile d.c. lawyer in his hire. there is a possibility that even if he is not the target of a criminal investigation, that joe paterno could be a target in terms of criminal -- civil action. so is that why he got a lawyer? >> yeah. he was very smart to lawyer up. their there are two distinct areas where he could be a target. criminally, as you said, he testified, paterno testified in front of the grand jury under

oath. that they go through the 26 pages of grand jury testimony and find inconsistencies in his testimony, he could face perjury charges. anyone testifying in a grand jury in a criminal investigation is wise to lawyer up. the other angle is civil liability. he could be hit with lawsuits from each of these alleged victims for negligent supervision. this occurred on his watch, in his facility that he was in charge of. and he is facing legal action, possibly on two front, more on the civil side. >> you know what? it will come down to what joe paterno newknew and when he knew t. the concern here for him -- and these facts are developing and developing steadily. but from a criminal perspective, it doesn't look likely that anyone will happen. for a civil perspective, the penn state community is opened up to that in terms of the hirearchy of the college. if you are on notice that there is something amiss and nothing's done, that's civil responsibility. that's money. i can tell you from that

perspective, you are not going to be talking to a very -- receptive audience, in terms of a jury. >> the former quarterback, grad student who was the assistant to the coach and all of that, mike mcqueary, he's on administrative leave. but the fact is, he's not the target of any investigation. he hasn't been separated from the school. and the suspicion that i am reading is that he is protected by whistle-blower laws in pennsylvania that you can't punish the whistle-blower. is that right? is that why he has a job. >> it's probably true. they can't fire him for reporting a crime on campus. >> he never reported a crime. he reported the crime to joe paterbo but not to the police. >> but the fact that he should have given whistle-blower status because he did go to administrators, with the school and the law will probably protect him, juan. >> i will take the opposite

point of you, the whistle-blower status has been in pennsylvania since 1986. but in this instance here, it depend hoswhat they are firing him for -- he's on administrative leave. >> they gave him administrative leave because they are worried about list safety. to me -- this case is outrageous. >> if you are firing someone based upon retaliation, that's one thing. >> but -- >> if it's poor judgment, this law would not apply. >> thank you very much. good segment. next, surprising polling on the republican field. and who has the best chance to beat president obama? we'll run down the numbers. continuing chaos in the occupy wall street protest. at least three people are dead. is there any point at which these protests will be totally, totally useful? we'll debate it in just a moment.

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>> interesting ruths from a brand-new republican primary poll. according to the latest poll, 23% of republicans support mitt romney. newt gingrich is in second place, with 19% support. and herman cain stands at 17%. running third, rick perry is at 8%. is newt gingrich emerging as the alternative now to mitt romney? joining us to discuss this from

long island, chris hahn, a former aid to senator chuck shuler and dee dee banky, from the republican national committee. dee dee, are you surprised to see newt gingrich emerging in this way? >> not at all. newt gingrich is always the smartest guy in the room. he's a walking encyclopedia. he has been doing a wonderful job and people like that he gives the press the long time. i think he should be the white house press secretary because it would be a fun show. and no, he's really fantastic. >> remember, republicans did not like it when he talked about right-wong social engineering twrord paul ryan's think about and the business about tiffany's and the wife and his own staff fled. i am wondering is it really the case that people have forgotten it? >> i think he has emerged. he was a grumpy old man am but he has softened up and warmed up to everyone. he's doing better and better

with each debate. people really want someone who understands government. he has an institutional knowledge like no one else and very, very impressive. >> all right. chris, i am wondering, are the democrats licking their chops saying, oh, yeah, bring on gingrich? >> i think he is obama's dream. let's not forget, he's one of the most divisive figures in american political history. his brain as -- reign as [speaking spanish] was -- reign as speaker of the how. and newt gingrich has a lot of flaws. remember, mitt romney -- his campaign is basically being run by someone who made his living in opposition research. i am sure they have a book a mile wide on newt gingrich. >> dee dee, he is saying that he thinks republicans will take out newt before obama gets close to him. >> any one of the three of them

are way better than barack obama. and i think that barack obama will have the same problem as george bush 41, it's the economy stupid. it doesn't matter if barack obama deserve its or not, he's going to lose. >> chris? >> it matters if have you mitt romney or newt gingrich who the american people don't trust. mitt romney, they don't know when one they are going to get i. i would rather have a flip-flopper than a total flop. >> a little bit? >> obama is a total flop. the economy is a total disaster. he is going to lose -- there is no way he can win. >> chris, chris, go ahead? >> you know, dee dee, i mean, mitt romney makes jimmy buffett looks like he's wearing shoes -- he's flipping and flopping so much. he's all over the map on the issues. i think that will hurt him in the generalr general. he's stuck at 23% with republican primary voters for a year. republican voters value consistency and mitt has not

been consistent. >> let me just ask the two of you, though, when you look at this... you look at gingrich's rise, he is getting votes that were going to herman cain. he is getting some votes also from mitt romney. and so it's as if he is pulling this together. it's coming out as some out of steam and some out of the tea party anti-establishment republican ranks. chris, when you look at this, do you think, hey, wait a second, we may be seeing a mind melt among the republicans. and you are dealing with a momentary phenomenon that you can't anticipate where it's going and how big it's going to grow? >> with so many people run ago go ahead. >> put aside what i said a minute ago. the time is right for gingrich. he is peaking at the right time. i think he is the alternative to mitt. he looks a lot like john mccabe -- mccain did.

but who knows? i could see him winning iowa. he can't win hamp and then it's anybody's game. but romney's the most electable of the group. i think republicans value beating obama more than anythinges. so they are probably going to turn to romney at the end of the day. i could see newt winning iowa. >> wait, wait. dee dee, you heard that description from chris who is saying, you know what? nobody's going to beat obama. but you can see them turning from romney to newt? >> the primary election is so different from the general. i'm an anybody but obama person. so i am all for romney. there are several candidates running, so for romney to hold on to the percentage is a big pliment for mitt romney. but mitt romney, herman cain, newt gingrich, they are all going to beat barack obama -- >> well, you know -- >> go ahead, chris. >> you know, i mean, when he's stuck at 23% so for so long,

when he's clearly winning the debates. he's the class of the stage. he look like a guy who you would look up to in general casting for president. he has worked hard and -- >> we get it. >> let me ask the two of you for quick comments on two other candidates. rick perry, down in single digits! he's had a very rough time, as you know. is he done? dee dee? >> absolutely. i don't see how he can recover and the strategy the last 24 hours is terrible. he should have been talking about veterans and his strengths, instead he was on david letterman. >> all right. chris? >> he needed a flawless performance at the debate. he failed miserably. it's over. he should get out before he damages the other republicans. >> dee dee, i saw a poll that indicated half of the female support among republican women for herman cain has gone away. that's what is the cause of his drop in the polls, though he has the lead in some.

you, as a republican woman, are you having trouble with the allegations? >> feel bad for herman cain. i stand by herman cain. the allegations are unfounded i. i agree -- i hope you are right. >> chris, do you think herman cain is done? or do you think he will come back again? >> i always -- i never thought he was a serious candidate to begin with. >> pretty good for a guy who is not a serious candidate. he's doing pretty good! [overlapping dialogue] >> worse than the problem, thanks for having us. >> thanks. >> we are asking you to vote in our poll. we are asking: will the herman cain controversy hurt his campaign? "yes" or "no." please vote. in just a moment, more death at occupy wall street protests. does the movement even have a legitimate political piece anymore? we will debate it. coming up later, brain freeze -- it happens to all of us, including presidential

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>> in the unresolved problems segment, occupy wall street movement continues to spread around the country. but there are heightened concerns over the safety of protesters after three deaths were reported in the last few days. police are investigating the deadly shooting of a young man outside the occupy wall street oakland protest, after a fight yesterday. [screaming]

>> at up on vermont, a 35-year-old military veteran fatally shot himself in the head, inside a tent. today, we learned of another death of a man at up on utah. joining me now from washington, d.c. is ford o'connell, a former mccain presidential campaign adviser and here in studio, tara, a democratic strategist. tar ahow do you justify allowing the protests to continue when you see this kind of violence? attaching itself at very different sites, but on a continuing base? >> hop, you are right. there have been some incidents and that's unfortunate. my thoughts and prayers go to the families of those who were injured. but the reality is that the overwhelming majority of people are there to exercise their constitutional right and we should not lose sight of the penitentiary issues -- income

inequality and a lack of fairness in the system. they want to returnitous fairness. they are getting that conversation going, they are getting that conversation started. that's important. we have seen over the last decade, incomes fall -- >> no, no. hee we get the point. we understand that. but what i am saying to you and i want ford to come in here, ford, you see that in fact, these protests are attracting people who are involved -- i guess nilism, destroying themselves and property, causing businesses to close. they are traiking an element that seeps to be set on destroying the community. am i wrong? >> no! that's right. occupy wall street has become a destructive farce with no real end game. i don't understand how occupying public places and tearing down public property is an economic solution. i really just don't get. it they are not really helping their cause because eventually, people are going to turn on them when they see the destruction,

the death and everything else. >> remember, ford, and this, i think tara is going to come back and say, in fact, it's about 40% of americans still support them. and you say, oh, no, this is going to ultimately cause people to turn away from them. so the issue then becomes -- what about the violence? what about the fact that this -- no matter, even if you agree with their agenda and i am not sure it's coherent, but let's say you agree that you would say, but wait a second, it's attracting the wrong kind of people. people are killing themselves, reporting of murder and sexual attacks, crime, drugs. i mean, that's what i am saying. >> exactly. if they want to be a successful movement, they have to police themselves. we can say that people are with them in the polls, but they're two months old. this will get out and it's going to hurt their own cause, whatever that cause may be. >> i think we are painting them with a very broad brush in this conversation and i don't think that's fair because the majority

of the people there are not engaging in this behavior. the reason it's so shocking is because it is rare. there are a lot of veterans involved in the protest and that raises a critical issue. a the hof veterans come back to this country with ptsd, they fought for us and they are returning to no jobs and they are coming back to a system that is not fair anymore. so i think that you have some -- excuse me -- you have bad apples that are out there, certainly. no one's denying that. but overwhelmingly, people are there for the right reason. and the bad apples are in city settings. have you people coming to the protest -- >> you mean homeless people -- >> that are causing problems and we need to show -- we need to tell the whole story. >> the point that ford is making and i am making to you, if in fact, you have a magnet for people who are looking for trouble, shouldn't we pull the magnet? >> no. we should make sure that the protesters are safe. in of these violent incidents have been veteran who is were

hurt because police were using too much force, excessive force when they were protesting peacefully -- >> wait a minute. hold on! >> i want to let ford respond to this. >> not everybody's a veteran. don't use veterans to prop up occupy wall street. one simple question -- is this the best way to make your point about the economic inequalities in this country, sitting in public spaces and causing mayhem? i mean, is there not a better way do this? is there not a better way to get the public -- >> let her answer, ford. >> go ahead. sorry about that. >> you are filibustering there. they are making their voices heard. that's their constitutional right. we should applaud the right to stand up and protest and condemn anything that's negative or detrimental. >> don't i have a right to walk down the street and feel safe in a public space and walk through the park?

>> we are highlighting these instances are highlighting very specific instance. there are other instances, i have been to the protests, there are other instances where people are peacefully protesting and they are calling attention to issues that are very important. >> this debate is want going away. tar afford, thank you. plenty more ahead as we move along. brain freeze -- rick perry had a very public case of it at the debate. but he's not alone. we'll take tout penn state campus and find out why some students are supporting joe paterno. what's going on here? hey, whats up guys?

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>> in the factor flashback segment, an update to a story from last year, the cinco de mayo t-shirt controversy. a california high school banned kids from wearing the american flags on their t-shirts on sink cinco de mayo, fearing they

would incite violence. the school sent home four boy who is refused to turn their shirts inside out. the boys' patients sued, claiming their first amendment rights were violated. but yesterday, a federal court ruled in favor of the school district. bill spoke to two parents involved in the controversy when the story first broke. >> let's just get to the boys first and then the controversy. you know, julie, you are the mother of dom dominic. christine, you are the mother of austin. you have won the battle, dr. wesley smith, the superintendent of schools, has overridden the school authorities and said, look, we are not going to discipline anybody for wearing patriotic clothing. so there won't be any discipline against your two sons. so that is won. but you both look, christine, you don't look like you are happy about the outcome here? am i wrong? >> the frenzy is kind of taking control.

we are fearful for our kids' safety. that's our primary concern. we are also fearful for the administration of the school. you know? our kids love their school. they support the staff. they lover mr. rod, they don't have a problem with him. they just didn't agree with the way he chose to administer punishment for the situation that was going down. they don't have a problem with him personally. >> we knew that we can show our flag, you know? we didn't mean anything by t. we weren't trying to start anything. >> we were not mad they were wearing their stuff. but we were asked to change our stuff and they could wear theirs. >> we would take our stuff off, but i want them to take their stuff on. >> does your son have any mexican issues? is there any tension between anglo and mexican-american students in the school? >> not as far as i know. my son is half hispanic. this has been made clear?

>> he discussed it before. did he tell you why he wanted to do this? >> he did broach that subject with me and informed me that several of his friends and classmates were going to dress in american apparel? >> why? >> to todisplay american pride. these are great kid it's. >>di they select cinco de mayo for any specific reason? >> they basically -- again, they just wanted to display their american pride and spirit. >> why do it on cinco de mayo -- >> they wear this attire all the time, bill. >> i don't know that. i am not at the school. how about you, christine -- >> these are -- >> why he was going to -- >> he did inform me he was going to be wearing that particular t-shirt on cinco de mayo. we didn't discuss it any further than that because we didn't think there would be an issue. these were also shirts that the boys had worn on several occasions prior to cinco de mayo

-- >> when you hear the students -- when you hear the students yelling at the guy in the wheelchair, mexico, mexico, mexico! [screams]. >> what does that mean to you? >> it's heartbreaking, actually. it's sad. i think it's tential that there is so much division that is caused by this when really, we are the united states of america. that's the point that the kids were trying to make when they were asked to reverse their shirts in the first place. they felt like they would be disrespectful to the flag and the servicemen who gave us that freedom. but they did not intend for anyone else to have to stop their celebration. they supported the sink sink kids and said it's okay for them to celebrate as well. but we should be able to wear our colors, too. >> julie, when you hear mexico, mexico, mexico -- how do you react to that? >> again, i am with christine. it's absolutely heartbreaking.

i don't know what to say about it. again, the situation is not about division, dissension. this is the united states of america and it should be a united front. >> we think the state police should be involved and make sure there are not any more incidents like that at the high school. we appreciate i coming on and good luck. >> thanks. >> it happened to rick perry. it's happened to all of us -- brain freeze. but is there anything you can do about it? two doctors will tell us. and then, why are some penn state students still defending joe paterno? we will take you out to the campus and hear from some of them. right back.

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governor rick perry sheed up on the late show with david letterman, last night, using humor to do a little damage control after this week's debate. >> rick perry excuses -- number 10... >> there are three reasons i messed up last night. one was the nerves. and two was the headache and three... ummm... hey, listen. you try and concentrate with mitt romney smiling at you, that is one handsome dude. >> the number-1 rick perry excuse... >> i just learned justin bieber is my father. >> but was perry's memory lapse just an example of a brain freeze that happens to most of us every single day? joining me to explain why these memory lapses occur from baltimore is dr. lee, an emergency room physician and from los angeles, dr. patrick

liden, the chair of the department of neurology at cedar sinai medical center. everybody has these -- i have them. you have them. is it a result of aging or something else at play? >> i hope not. i spent a half hour today frantically searching for jewelry that i don't remember where i put. no, it happens to all of us. we are busy, we don't concentrate. we are multi-tasking and doing a lot of things. certainly, in a situation where you are maybe campaigning, running all over the place and stressed out because you are in a debate. you know, it could happen to anybody. patrick, let's look at this neurologically. is there some pathway that somehow becomes blocked or you can see a pattern in how this occurs in so many people? everybody knows we have had these moments. and rick perry, unfortunately had a very embarrassing, very public moment.

but it's so human to me? >> absolutely. what have you to understand is that we store our language in one part of the brain and we use a different part of our brain to produce speech. so those two parts of the brain have to communicate to each other and as we just heard, under conditions of stress or sleep depriivation or whatever, sometimes it's hard to connect one part of the brain to the other, get the message and produce the speech. we worry about patient who is come to us and say, it's happening more often, it's lasting longer or becoming more severe. then we start to worry about some underlying condition that may be the cause. but once in a while, for all of us, it's a benign condition. >> patrick, let me ask you, for someone who is in public life, to have this happen in that setting, it seems damning because, in the case of governor perry, you had some poor performances.

lee suggests stress could be part. it but we don't see other people doing it, why him? and why now? is it part of a larger pattern, given his poor debate performances. >> well, that's a very important question. and hopefully, you know, any public speaker that begins to have more trouble, thinks about whether they should consult a physician. but just imagine if you were in that type of a role, made a mistake a few weeks ago, made another mistake and now pretty soon that, stress is spiraling out of control. and stress works on that connection that we were talking about, stress reduce the ability of the brain to function. so it's only natural that with the spotlight and the pressure that he is putting on himself, as well as others are putting on him, that this would happen again. >> by the way, i read today that sometimes, for a public speaker, sometimes the way the brain works is, you are going so quickly, you skip something, you go past it and then you can't

remember where you were or what you were talking about. >> right, exactly. i mean that's one of the things, distraction, interruption. how many times have we gone into a room, thinking i have to get this and you are thinking, okay, but i have to do this next, this, this and you get to the room and you are like, what was i coming here to get? it's encoding and decoding the information and pull it from your brain. he's under stress hormones. he's underred microscope. stress hormones can impair the hippocampus. the part of the brain that remembers. >> one last question, should people draw a negative judgment about governor perry and his ability as a leader on the basis of this brain freeze? or is it just unfair? >> well, you know, i think, at this point, it's kind of unfair i. okay. butfa patrirks what do you think? >> well, as i said, if it happens more often, it could be a sign of an underlying problem.

>> i heard that. but until that happens, it's a benign condition. >> thank you very much. straight ahead, we will take tout penn state campus, where students continue to stand by coach paterno, amid new fallout in the child sex abuse scandal. please, stay with us. [ male announcer ] every day, thousands of people archoosing advil®. [ regis we love to play tennis. and with it comes some aches and pains. and one way to relieve them all is to go right to the advil®. tennis is our game is tand advil® has becomeil®. rt of our game! [ male announcer ] take action. take advil®.

. >> in the back of the book segment, students across penn state are defending joe paterno, arguing that their beloved football coach should not have been fired for his role in the sex abuse scandal that has devastated the school. joining me from the state college, two students, gabriela justin, and brittany baker.

gabriela, let me begin with you. do you think that joe paterno should have been fired? >> i am -- i have grown up being a penn state fan and loving joe paterno for what he has done for penn state and making it a better place. that's his motto, to make it a better place. i have to this day believe he's a good person. right now, i don't think that there were enough facts out for the board of trustees to have made that decision so quick in firing him. but they did fire him. and in doing that is correct i believe that they should have also fired mcqueary, or taken action with everyone else that was involved. don't get me wrong, this is a tragedy. it's a disturbing event that took place. >> brittany, how do you feel? should joe paterno have been fire ?i.d first off, i want to take a second and extend my thoughts and prayers to the victims and their family, on

behalf of myself and the penn state family and to answer your question, no, i don't think joe paterno should have been fired. as a student here, we are sad about it. we are angry, but most of all we are confused. we feel like we don't have an intr answer as to why they fired joe paterno. he failed the moral test. i want to know who passed it, at this point? you know, there have been several cases where this could have been prevented and if it acted in 1998, why wasn't it stopped then? >> it's a great question. i don't understand how the two of you feel he shpt have been fired. if you feel it should have been stopped in 1998, how can you think that somehow, a man being told that children are being abused and not going to the police, not taking action to stop it is okay? >> the grand jury report states that he told-- the athletic director, but the grand jury report doesn't say anything

after that about what actions he did, as far as following up. so, i mean, at this point we don't know what joe paterno did or did not do after he reported it. i think that -- >> people are saying what he didn't do. and taint, it doesn't say, what did he do? we don't know the facts. no one knows the exact facts. if you read the grand jury report, it doesn't say he didn't follow through. >> right. but what it indicates, gabriela is that he had knowledge of abuse of little boys, taking place at penn state in that locker room. and all he did was report it up the line and when nothing was done, he took no further action. i am just asking you, you be know, two wonderful young women, don't you think there is something very morally wrong or even legally wrong with an adult not taking that action? or do you just love joe paterno and penn state and you don't want to see it? >> again, it's --

>> how do you know that he didn't take further action? do you know if he was following up? >> the grand jury never stated whether he -- that he did not follow through with it. >> yes, if that's the case, yeah, i am ashamed because further action should have been taken. it's a heartbreaking, disgusting story. we are ashamed of it. but there areo many other people that are at fault. and the witness of the crime, walked in and in the grand jury, he was shocked and walked out. shocked is the word i. honestly, right now, the real case, which i don't understand and i think a lot of penn staters and fans even of joe paterno are confused and angry about is right now, there is a monster out there named sandusky. and right now, joe paterno is the one looking like the villain. >> i don't know that he is looking like the villain. but when i see you, you look up

to joe paterno, you love penn state football. but i'm wondering if that's obscuring obscuring what is a horrible, horrible action against children in your mind. i don't understand why this game is broadcast on tv. i think espn, abc should take it off the air. i think your parents should say, don't go. this is wrong. we can't put football in the position where it's bigger than human beings. do you understand what i am saying? >> i understand that's what the media's trying to make it seem like, that football's more important than this terrible act. we are all disgusted. tonight, there is going to be a vigil for those who were abused in all of this and their families. we are completely distraught. but for to you say that as penn state students, who have pride in our school and our family, that we shouldn't go to the football game, these are students, they have worked this entire season to get as far as they did with only one loss.

>> our student body, we are selling shirts for this game. we're supporting proceeds to child abuse and we are making it a blueout, just for this situation. >> gabriela and brittany, thank you for standing up and coming out and talking about it. pinheads & patriots on deck with a special factor tribute on our veterans. right back. ii'd like one of ts and some coffee. sure. cake or pie? pie. apple or cherry? cherry. oil or cream? oil or cream? cream. reddi-wip us real dairy crm. nothing's more real than reddi-wip. [ male announcer ] the super bowl.

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>> and finally, pinheads & patriots. it's veterans day and americans are commemorating patriots who served this country. , i'm proud to be an american ♪ where at least i know i'm free ♪ and i won't forget the men who died to set me free ♪ i would rather stand up next to you and defend her to today ♪ but there ain't no doubt muse i love this man god bless the usa... i'm proud to be an american where at least i know i'm free and i won't forget the men twho died. and i stand up...

next to you and defend her until today, because there ain't no doubt i love this land...: god bless the usa! >> "the o'reilly factor" salutes the brave men and women who have fought and are fighting for this great nation. if you buy "killing lincoln," bill's publisher will send a corresponding copy to the military folks overseas. with the help of operation shoe box. also, check out bolder, fresher dot-com for the details about how you can see bill and dennis miller live in richmond, virginia, on november 25, in the following day in atlantic city, new jersey. again, thank you for watching tonight. i'm juan