>> tonight on justice, sarah palin is here. what does she think of the republican field? does she regret not running? plus, a dead woman is found in queen elizabeth's back yard. >> she's probably a victim of murder. who is she? could there be a connection to the royal family? >> and she's back. casey anthony's spouts off. >> body language expert is here to give us her read. >> plus, you voted and we had the results. the five most ridiculous lawsuits of 2011. coming up tonight, on

"justice". just three days until the new hampshire primary as the race to the white house gets rougher. polls show mitt romney with a commanding leave. governor sarah palin joins me from alaska. good morning, governor, how are you? >> i'm doing great. it's an honor to be with you. >> judge jeanine: all right. thank you. given the g.o.p. field from where you're sitting. do you have any regrets not throwing your a hat in the ring? >> i don't have any regrets because, you know, i think the field is strong and i think that the field is full of candidates who would be infinitely better than what we have now in terms of incumbency in the white house. so i'm thankful that those who are in there, willing to throw their hat in the ring, willing to debate and share their ideas, i'm pleased with them. look forward to the progress through this primary. >> judge jeanine: you know, governor, you'd called upon congresswoman bachmann and john huntsman to drop out

given their low numbers. now, as we look forward to new hampshire and south carolina, given the low numbers of rick perry, do you think that he should drop out now? >> well, first, no, i really, really like michele bachmann and i know she has a lot to offer this nation and look forward to her continuing public service, i just felt for her and the money situation, knowing that, you know, with poll numbers as they as they were how tough it is to garner the contributions to continue and then more of a burden on family, really, to not have the funds to continue and just, you know, reality was, it was perhaps, would be her time in the future, but it wasn't her time this go round. that kind of applies to all of the candidates. if those who are, at the very, very bottom of the tier, based on polls and headed into the caucuses and these primaries in individual states, it doesn't look like they have a chance, well, then, you know, just being a practical person as i am, i would say that for their own good, that they

would look at stepping aside and having their supporters start coalescing around another conservative in order to oust the incumbent. >> and governor rick perry, as i look at the numbers today, he's at 1%, 2%, but when you specifically called upon michele bachmann and john huntsman, wouldn't the same apply to rick perry given his low numbers, that he should drop out? >> i beg to differ, i called on them to drop out. i was asked my opinion, given their chances, but with rick perry, new hampshire, center left than the future statesle' be facing, maybe his poll numbers are very low there, but he'll head into south carolina right after that where i believe he'll do better so, you never know, never know. and everything is so volatile and there is still much influx and you know, we'll see. >> judge jeanine: all right. and governor, you know, newt

gingrich literally came out and called mitt romney a liar. and gingrich is now being described as vengeful newt. isn't it almost amounting to cannibalism within the party? >> republicans are known for not being sheep and not going along and wanting to duke it out in healthy debate in contested primaries. it's a good process as opposed to once in a while you see on the democrat side, you know, see an anointed one and they go forward and don't get vetted and they don't have to engage in the strong aggressive debate that helps people understand who these people are, what their experience is and their intentions are in leading the country. so i don't have a problem with aggressive campaigning as long as it's fair campaigning as for newt gingrich. he had come off facing 17 million dollars in negative

ads headed into iowa and those negative ads were effective in terms of he not being able to have the funds to counter a lot of the ads and get truth out there and he came back swinging and he said, basically he's going on offense, knowing you can't win a ball game only playing defense. what newt will be able to do is talk about the 11 million jobs that he was able to help create under a democrat president as they cut taxes, as they balanced the budget and as he garnered 90% approval rating from koift watch dog groups. so newt now heading into new hampshire and south carolina will have an opportunity being on offense as he's committed to be on, to get some truth out there and facts about his experience, and as importantly, his intentions for leading the country. santorum will be able to do the same. and romney of course, he's going to have his own tactics of campaigning, but it's going to be rough and tumble, as i believe it should be. >> judge jeanine: well, of course, when you talk about mitt romney, it appears that

he is at the head of the pack. and of course, he is not a tea party candidate and yet, michele bachmann, who was out, was clearly a tea party candidate. would you say that the tea party movement is certainly suffering, if not over? >> no, i think michele bachmann did not suffer at all being a tea party candidate. it's because she had some campaigners around her, some staff members who didn't do her justice and i think she had a, kind of an unfair shake with some of the people who were surrounding her early on and she couldn't recover from some of the things that were done and said and that's all inside baseball stuff that most american voters, they don't, and shouldn't care about about you that's my take on what happened to michele bachmann. but, no, tea party, it's still a very strong and very powerful and they influential movement as it is by mitt romney wanting to garner

around him, tea party patriots who will support him. he would be dismissing them like nicky haley and others, he would not be seeing their endorsements if he believes and anybody else. you know what mitt romney is going to face in coming taste? he's going to face in the main street media, i don't know how to say it except kind of a hands off, a hands off approach from the mainstream media because, i believe, the mainstream media and obama want to face mitt romney in the general election, because, they are already gearing up to be able to portray him, accurately or inaccurately, they're going to portray him as being out of touch with the working class, as being so rich and from such a kind of perfectly coifed family, maybe not facing the hardships that a lot of americans do face so mens, being a bit out of touch from middle class americans and the challenges that they face, they're going to portray him as that and i believe that

they are going to have a hands off approach to him in the proo i am-- primary and beat up heavier on newt and santorum and the other candidates to, i believe, bolster romney's chances of being the candidate to finally face obama. >> judge jeanine: isn't it true, governor, most of the surveys done indicate that mitt romney would indeed be the strongest republican candidate against obama. so that would kind of go against your theory that they want to run against mitt. he certainly appeals more to the independents, does he not? >> well, my opinion is that i can see what is coming. the media will try to bolster romney so they can tear him down and that's quite unfortunate. and my opinion though as we head through these primary states and get finally to the end of the line where we have a candidate, is any of the candidates are going to be better than what we have today

with the failed social its policies that barack obama is here, thwarting the constitution and making appointments not even while the senate is actually out of recess, while he's cutting the military at a time when we shouldn't be seen as an isolationist nation and why we shouldn't be seen as being disinterested in what's going on in iran and in russia and in china. here all the things that obama is doing wrong that's still leading to high, real unemployment rates, ridiculously high and mortgages underwater and the housing crisis, that really isn't getting any better, well, all of those failed policies of obama, any of these g.o.p. candidates know better, how to defend our republic and the free market and free men and women who want student to progress. >> all right. governor, palin. it's always good to see you, thanks for being with us. i had one last question like what did todd get you for christmas, but i don't know if you have time to answer it, can you say it in one word? >> he got me an ice auger, to be out ice fishing and that's always been one of my favorite

things to do, so, happy that he got me that. not even gas powered though, going to take some manual labor to get that done. >> judge jeanine: you're certainly capable. governor palin. thank you for being with us this evening. >> thank you. >> judge jeanine: a royal murder mystery. the body of a woman found on the grounds of the queen's country estate. find out why police are having such a hard time identifying her. and during the four course feast, there's so much to choose from. [ male announcer ] the four course seafood feast is backt red lobster. still just $15. get soup, salad, unlimited cheddar bay biscuits, dessert, and your choice of 7 entrées, like new honey bbq shrimp skewers or shrimp and scaops alfredo. all four courses, just $15. [ jody ] it's really good value. all my guests love it. i'm jody gonzalez, red lobster general manager. and i sea food differently.

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e. >> mike: in england the body of a young woman was discovered on the same day the royal family was there. on new years day queen elizabeth, prince phillip, prince women and kate are celebrating at the royal family's estate in england. it's 20,000 acres of secluded

rural land, but at 4 p.m. a private citizen walking his dog on the grounds makes a shocking discovery. in a small thicket of woods only a mile from the royal residence he finds a dead woman. startling considering days before the royal family was hunting in the fields next to where the body is found. police converge on the scene. the body, badly decomposed is a young woman between the ages of 15 and 23. >> i think the circumstances indicate that she is probably the victim of murder. >> her identity remains a mystery. her killer at large. was she murdered on the royal estate or placed there? investigators believe her body's been in these woods for

at least a month. >> there are forensic experts currently working on the scene and looking at anthropology, entomology. >> could there be some connection to the royal family? joining us from london, mark williams thomas, criminalgist and a reporter with the radio news. thanks for being with us this evening. what's the latest in this investigation? >> well, the latest is the police have said they've finished their search of the area, it's a massive he is skate. the body was found in a kind of 30 foot copse as your report stated. it's used for hunting and everything else from there. and what the police have dop, because the body is in such a state of decompensation, they've taken, muscle samples and further establish a dna profile and brought in a bug expert, an entomologist from

the national history museum, one of the best in the world and we hope to have some form of update come monday. >> judge jeanine: i understand that some of the queen's staff is being questioned? >> well, yes, when they're shooting, they have the bird out of the ground and the people who work on the estate. it's not one of the estate's that's gated off or walk on it and hence the dog walker and the public property. people who work on the estate are currently questioned and should the police require more information, they'll obviously ask for more, but currently treating this as a murder investigation and taking it very, very seriously. >> judge jeanine: although they're treating it as a murder investigation. apparently there are no suspects and we don't know who this young woman is. i mean, what do we know about the suspected, possibly two women they say the victim

might be. >> and there were two women released quite earlier on into this year and a few days ago, but the police have held back from stating those names again because of sensitivity to the families and they haven't been able to establish who the body is. but as we say we know between the ages of 15 to 23 with high cheek bones and jewelry has been taken from the, from the scene as well and it's one of those things that people are trying to treat with a lot of sensitivity at the moment. >> judge jeanine: do we know if the victim was killed on the property or her body dumped thereafter she was killed elsewhere? >> well, the police have said there are no signs of any kind of gunshot wounds or knife injuries, any kind of major trauma like broken bones and the body was also found unburied. so it's on top of quite a lot of things. so, what they're looking at is a window of end of august, sort of beginning of september. gauging from the decomposition

of the body. in terms of suspects who may or may not have done it or anything else, they're holding back until they feel they can release information. >> judge jeanine: mark, i'm going to you. you were a police investigator and you're a criminologist. what is taking so long for the police to get dna from this body? >> well, the delay at this present moment in time is quite simply because of the decompetition of the body and takes time to get dna and having to do lots of tests now to establish dna and don't forget the most important thing to do is to establish the identity of the victim and certainly talking from a crim logical proint -- point of view there are three key aspects. access, motivation, and what motivates one person-- i never look at motivation, it's difficult and often if you start to look at that and looking at the completely wrong thing. look at access and

opportunity. victimology. if we can establish who it is, then we could have the access and opportunity. >> judge jeanine: but, mark, the problem is -- the problem is that every day the police say they're going to get dna, going to get dna, going to have the results and it's taking a long time and it's not making sense. they say the body is decomposed for three months and so, why can't you get dna from the bones, assuming it's that decomposed? >> well, it takes time. don't forget they found the body on tuesday and they have to get the experts to come and look at the body and what took place the follow day and once they've done that, they then run the normal tests. >> judge jeanine: i apologize, we're running out of time here. do we know if this is the work of a serial killer? >> okay so the important element looking at it, is there an opportunity for the serial killer to be on the loose. well, in the u.k. anyone given time research shows us there are two or three serial killers at large, but it's

still very early stages and focus on identifying the victim and then, once you've identified the victim you can lend up to see who had access, and opportunity. >> judge jeanine: well, let's hope they're able to do so quickly at least for the family's sake. thank you for being with us this evening. >> thank you. >> judge jeanine: now, casey anthony resurfaces in a video diary. body language expert tanya ryman reads between the lines.

>> a new, but not improved case city anthony resurfaced this week in the form of a video diary. the woman who was acquitted of murdering her daughter is seen in the video sporting a new look and she says it's surreal how much things have changed since july and how much has happened. and also excited to keep a video log since, quote, things are starting to look up, unquote. tonya reiman is a language expert. and let's get the first clip up here. >> right away. and what they say, the things they do, that they only get

bett better. they'll only get better. and i'm through the end of my first video log. i'll probably do another one later. >> judge jeanine: all right. tanya, i'm shocked at her, her hair, she looks like her mother. >> isn't that bizarre? why go blond and short like that. >> such long dark brown hair. >> those are the changes she could have used and that's the one she wept to, change and telling. what do we see, she does a signal and anxiety and her voice is monotonous and things are going to be wonderful from now on and this is my first video diary. like there's no-- >> is she on drugs or something? >> that much i can't gauge from this. the fact she's not as

exuberant as she would like us to believe. at one point she does a contemptuous one side pullup of the lip. and tells me she's confused and not there. >> judge jeanine: and let's-- >> complicated. >> judge jeanine: complicated and the lucky person anyway. >> it's scary because i hate being on camera, but, need the tactful contact after at some point. >> judge jeanine: really? you hate being on camera? i mean, i was in that courtroom, tonya. this woman is the best actress i've ever seen. when the jury came in she was a different person than when they weren't there. >> reporter: that's why there's a smirk that comes on her shake and oh, i hate it, believe me. she loves the camera and all the pictures we've seen of her and shocking and sexual

revealing positions and look how she's dressed in this. low cut tank top and she's got the jeans with the holes and streking her kneecap. this is all to captivate her audience. >> judge jeanine: it's pathetic. let's go to the next clip here she talks about adopting a-- someone, a dog, right. >> and it's just been so many blessings in so many ways and now i have someone to talk to, i'm living by myself and so i'm not bothering the dog. because i'm adopted and-- >> who is she talking about, someone so she doesn't bother the dog. >> the eyebrows go up, i've adopted and i'm a good person and i love, and love. she shakes her head no. can casey anthony really love anyone, but casey anthony. >> judge jeanine: something in the trial there was a letter, she nt with aed to adopt and

she adopted a dog. >> a dog. >> judge jeanine: do you believe anything she says. >> you know when i believed her when she started getting really excited, i think that things are possibly going on the upswing and then down enough and she also, at least i hope they are. >> you in what? she's tried to be full of it. let' go to-- >> i agree. they have something i can finally call-- it's been a long time since i've been able to call something mine and now that i have something, even, you know, as silly as saying that i have a computer. >> judge jeanine: you know what? there was something she could call hers, her daughter and she never references her, shame on her. >> now, in between that the fact that she doesn't reference her daughter and something she can call mine and notice, but yet, she's like this with her hair. even in the midst she wants to to look like she's sad.

she is fixing herself. a very, very interesting piece of work on the video die rah. >> judge jeanine: there's anoth another, i don't think we have the screen on it, she talks about now she's got, i think as much of a family as i've ever had if not more so, which is kind of a shot at her own familiment do we know who she's referencing? >> no, as far as i knowen 0 the video she's never had neg she's had for herself, but this dog is now the end all, be all for her, she loves this dog. you're right. >> judge jeanine: i think they ought to call the aspca and this is not a woman i'd leave an and mal with. is she different than the casey from the trial? >> she looks different, but when you look at her nonverbals, she made a lot of nonverbal, in the courtroom

other than-- and here i see pregnant pauses as if she's deeply reflecting on things. i don't buy it yet. wait. let me take a look at the next video blog that comes out and see if that changes. >> she is an established liar, as much a liar as anybody i've ever seen in a courtroom for sure. tanya, thank you for being with us. >> thank you. >> judge jeanine: all right. and why canceled? condition get into the boots. a kidnapper sues his own victims. we've got the best or is it the worst of 2011 most outrageous. potoes. everyone knows idaho potatoes taste great. but did you know they'reood for you too? they're high in vitamins and potassium. and idaho potatoes are now certified to carry the heart checkmark from the american heart assoction for foods low in saturated fat and cholesterol.

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>> live interest america's news headquarters, i'm harris falkner. republican candidates debating in new hampshire as we head into the primary. and mitt romney leading

santorum on the polls. santorum, newt gingrich and santorum and perry. after the shootout they'll be debating tomorrow morning and fast turn around. and fox news team in tucson, earlier gabrielle giffords and husband mark kelly at the supermarket where she was shot. tomorrow marks one year since the shooting at that killed six people and wounded 13. and she's set to attend a candlelight vigil tomorrow night. i'm harris falkner, now back to justice with judge jeanine. . >> judge jeanine: remember the woman who sued mcdonald because her coffee was too hot? she's got nothing on our cast of characters tonight. yes, the annual awads for the most ridiculous lawsuits of

2011 as chosen by our viewers. my guest tonight. joey jackson. a legal analyst, gentlemen, women, what a year. >> judge jeanine: happy new year and guys, coming in at number five. you may remember this video of a dea agent holding up a gun at an education course. it went horribly wrong though. >> take a look at this. >> and that i know of, and i was-- i'm going to laugh. so he shot himself and then the video was released publicly and he gets mocked. he sees the dea for releasing the tape of him shooting himself. all right. guys, was there a lawsuit here? >> joey, listen, i say no suit. no way. why? number one, can't sue your employer, governmental

immunity. >> judge jeanine: why can't they sue? >> because they're the government. >> absolutely. immunity acatching and the mutilation lawsuit is going nowhere. it's based on fact. to himself. that's the key. the truth, they say the tape was doctored and put it out there to wreck his reputation, that's one thing number two, he doesn't own the tape. the government owns the tape. what are your his damages. >> judge jeanine: the damages are-- >> oh, a bruised ego and a hurt foot. >> there you go, a bruised ego. isn't this the public school to begin with? >> that's a whole different, a whole different-- that would have been horrifying. and what if he shot one of the kids, would be suing him. >> judge jeanine: let's look at number four, a woman sues the texas police, claiming she was forced to listen to rush

limbaugh on the radio in the squad car. what to do with this? >> she's contending affliction of emotional distress, that has to be outrageous. he's on prime time, million of listeners and i don't think that-- and her damages ended up so is he fear, to prove it's viable. >> i think you've got a point. listen, whenever you say something, as a matter of law, name calling is it not something that rises to intentional infliction of emotional distress. i never got a lawsuit as a result of that. she may have a claim based on prosecution and false arrest. >> and the cuffs are too tight. but rush limbaugh, says this woman doesn't know how lucky she is. what a great opportunity she has forced to listen. >> first amendment, first amendment. >> judge jeanine: in the squad

car. that's interesting, we love rush limbaugh. anyway, number three of the most outrageous lawsuit. here a 290 pound man sues white castle for discrimination. why? because he can't fit in the booth. okay, guys. >> yes. well, under the disabilities act, which is what he's suing under, per se, people who are overweight are not necessarily discovered. you need there to be a fact scenario and this is actually right on the edge. he actually might have a-- >> wait a minute, i'm going to go. >> judges look at that and give us the benefit of the doubt. >> get off the table. >> and the facts, less or right. he absolutely has a suit, why? predicated on obesity, obesity is recognized under ada, right, disabilities act. >> judge jeanine: americans with disabilities act. >> absolutely. it's recognized as a disability. you have to provide a,

reasonable accommodation and-- >> overweight in itself. >> judge jeanine: it's in a category. >> obesity is. as a result people who eat hamburgers. >> judge jeanine: so white castle gave them free hamburgers and complains and says there's no cheese on it. my suggestion to you, drive, take the drive through next time. that way you won't have a problem and i feel bad for him. i do. when you go to the restaurant-- >> i'm getting hungry. >> judge jeanine: i'll buy you a white castle. >> white castle fries come in one size. >> judge jeanine: they do? >> and obese or skinny. >> judge jeanine: over to number two, an 89-year-old man's car is stole and and crashed. two passengers sue the earn 0 of the stolen car for injuries sustained in the accident. all right. do the guys have a cause of action? >> absolutely not. here is why, a couple of reasons, number one, in the event that a thief steals your

car your honor, there's immunity, did not give permission or authority and a better one. >> judge jeanine: and the car with a handyman and therefore he had permission. >> you've got to deal with-- it's not the defendant who stole the car, it's the passengers. did they have evidence to believe he did have the card. if there's a screwdriver out of the ignition, they should. but he says-- >> he was drunk and assumed the risk when they got in the car. >> that's right. it-- and you're out of there. >> all right. and i feel bad for the 89-year-old man, 91 thunderbird like almost a classic at this point. >> and doesn't he almost-- and he has a lawsuit and bang, they're gone. >> he's alive and well to live

over a hundred years old. >> judge jeanine: now to the number one most ridiculous lawsuit of 2011 as voted on by our legal viewers, fugitive breaks into a couple's home and he takes them hostage. and they're at knife point so they agree to hide him. it doesn't work out the way he hopes. he falls asleep. they run out, call the police and the guy who held them at knife point views them for breach of contract. >> this is ridiculous! and if i knew how the voters would vote. i said this is the most ridiculous one of all of them. on the contract for acceptance, consideration, what we learn the first day of law school. >> judge jeanine: but about the rest. >> one brought to my attention, unkongsability and never works as an affect. if the contract is so horrible, it shocks the conference, this is it, the cops will want to kill me, let

me hide out at your house your honor, i have news for you. and the point is they will never prevail. you mentioned one, number one is duress, if i'm under duress, if somebody says proverbially says they're going to kill me, sign, sign, sign, of course as a result of that it's not enforcement why fot? consideration? >> and the no value and as a result of so value no conflict. and number one, a contract to engage in a legal act. and-- >> the best part of the story you're both right. the best part, the cops told him to get on the ground and the cop accidentally shoos him. see he sues, the couple, married seven days and someone breaks into the house. the couch-- . cases take it on contingent is i basis and the lawyer only

gets money if he wins. a box in the corner. >> and the office. >> and prison, that's why, brought his own city. and the lawyer viewers, thank you for voting in the five most ridiculous lawsuit of 2011 and of course, thank you for brooklyn. and bronx happy new year. >> is the obama administration pressuring immigration officers to allow potentially dangerous foreigners into our country? [ male announcer ] the more you lose, the more you lose,

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>> are immigration officers being pressured to visas, even if they suspect fraud? an attorney general's report says that obama administration is putting the pressure on. the subcommittee on immigration policy, thank you for being with us this evening. >> jump, good to be with you and i ought to say this year i've got a promotion, i'm chairman of the judiciary

committee as well. >> judge jeanine: chairman, there's a lot of pretty shocking allegations being thrown around. general, what is in the report? >> well, this is a rough draft, as you mentioned, the final report is probably going to come out monday, but we don't think the final report will differ at all from the report that we've seen. and that report is a real indictment of this administration and the department of homeland security officials as well because it looks very, strongly, as if the department of homeland security officials are pressuring the case officers. to approve applications, and these are applications for visas, applications for citizenship they know are fraudulent and many of the case workers are resisting that pressure and are told in no uncertain terms they have to approve these individuals. >> how do these allegations come to light in the first place? >> well, we have been hearing about these types of allegations as well and it

just so happens that a couple of months ago, i scheduled a hearing for february the 15th by our immigration subcommittee and judiciary committee on visa fraud. so the allegations are not new, but it's perfect timing, frankly, for us to have the inspector general's report come out now, so we can focus on that at the february 15th hearing, and let me say, too, what we're talking about here, the reason it's so serious because we're talking about the case workers and immigration officers allowing individuals to come into the country who have put false information on their applications. now, the false application could be that they're claiming to be related to certain relatives in the country and that's why they should be admitted. it could be that they're claiming to have authorization to work on this country when they don't or it could be that they're claiming they don't have any kind of a criminal background when they do.

frankly, this kind of pressure, that kind of pressure put on these individuals by the administration, by the department of homeland security. it threatens our own homeland security and it threatens the welcome being, the lives of american citizens quite possibly. it corrupts the immigration system itself and it ignores the rule of lou. >> judge jeanine: mr. chairman, what would be the motivation of the obama administration, to basically overlook what could be detrimental, as you say, to our national security. >> right, in one sense i'd like to ask them that question, too, seems to me that the primary responsibility, the primary job of the president is to protect americans, protect americans from individuals who would do us harm and for the administration to allow this policy going on, the last couple years since this administration took office, is really at odds with what our president is sworn to do and that is to protect the american people.

there's no good explanation, why they're doing this, other than two possible answers. one, a personal philosophy on the part of many administration officials that we want to basically, we want to give amnesty to illegal immigrants, approve everybody who wants to come to this country and undermines the national sovereignty and maybe a mindset that we're not worried about national security we're more worried about trying to garner votes from the next election and so we're going to try to pander to a certain ethic group and maybe this will get us votes in the future. both are those are not justified, both of those are dangerous allegationlings. >> judge jeanine: we did reach out responding to the alleges. they responded the employees at california service face retaliation as not denying as categorically false. they say they want more with

the director and implement background checks. mr. chairman, i want to thank you for being with us this evening. >> you too, good to be with you. >> judge jeanine: thank you. a jung marine who served our country could be in prison for carrying a gun. you heard that right. is that justice? if you're one of those folks who gets heartburn and then treats day after day... well that's like checking on your burgers after they're burnt! [ male announcer ] treat your frequent heartburn by blocking the acid wi prilosec otc. and don't get heartburn in the first place!

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>> ryan jerome is a third generation marine with a license to carry a handgun in his home state of indiana. he thought it was okay to bring his weapon on his first business trip to new york city and brought his gun because he was a jeweler and carrying 15,000 worth of gold. visiting the empire state building he asked security where he could check his weapon and that's when the nightmare began. ryan jerome, his attorney, mark, and faith jenkens, former prosecutor join me this evening. ryan, i'll start with you, why did you think it was okay to bring your gun to new york

city. >> well, actually before i left on my trip to come out here, i actually got online on my cell phone and i looked up a website and looked for the new york gun laws and from my understanding, from looking at the site, i was, i was legal to carry my weapon. >> judge jeanine: what we were looking at the screen of the website where you actually went to, looks complicated to me. you want to put that back up, guys. this as what you accessed on your cell phone. you go to secure your gun and what happened? >> go to the empire state building. i actually bought a ticket outside and told the salesman i have a gun, do i leave it in the hoe room or check it in security. he said you should have no problem checking it with security and i went directly to security and told them exactly what i told the salesman outside and that i had a gun and from that point on i found out it's illegal to have a gun and couple minutes

later downstairs in the basement arrested by n.y.p.d. >> you're under arrest and you go to jail, right? your client is charged with criminal possession of a weapon in the third degree and faces 15 years in prison with a mandatory minimum of three and a half years. is that fair? >> well, no, he's a third generation, marine who obviously came here, he made a mistake, he thought the law was clear and allowed him to carry the gun. he's a tourist and came here to transact business and to send a good person, subject him to a mandatory minimum of three and a half years is unjust and it's just not the purpose of the new york gun law. it's created for criminal. this man is not a criminal. that man made a mistake and it shouldn't happen. >> judge jeanine: all right. now, faith, this guy is a marine with an unblemished record, a license to carry a gun in the home state of indiana and he openly goes and

i have this gun where do i check the condition. >> a couple of reasons, this is not a gun that someone in their home using it for protection or gun that's used for hunting. the sole purpose for this kind of gun is to be used as a weapon. and as a result, there are rules and regulations for being able to carry a concealed weapon in public among all of us in public. >> judge jeanine: there's no-- that he intended to use it against anyone or required only to use it in his home. what was illegal about his bringing his gun to new york? >> well, in new york, you cannot have a loaded firearm on the street. that's the law period. and as a responsible gun owner, it is your duty and responsibility to know what the law is when you travel outside of your state. when you get a permit in another state or take a class or if you leave the state abide by the guidelines. >> judge jeanine: and he did go to the website. do you believe for one second

he intended to violate the new york laws. >> i don't know. i can't say whether he intended to violate new york laws, he probably wanted his gun with him and travelling with $15,000 worth of gold. i'll tell you this, new york the legislators, mayor bloomberg, they have been the most vocal and outspoken people about the-- >> that's great that the mayor is outspoken and vocal about it, but that's really not the point. i think the question is, why prosecutor this man? so mark, i'm going to go to you. what's the next step in this process? >> well, the next step is for them to decide, the district attorney whether to indict him. if they do indict him the process a minimum of three and a half years will start. whether they'll do that, we don't know, it hasn't happened. we hope the d.a. realizes this case screams for litigation. prosecutors have a powerful weapon, discretion. >> judge jeanine: prosecutorial discretion and remind my prosecutors of that

every day. and this law is meant for criminals carrying an illegal weapon than for a guy who mistakenly brings his gun to new york. >> if what he says is true, all the mitigating circumstances take case by case. what happens when a tourist comes to the city, i didn't know i made a mistake, this spt like a mistake over the speeding limit. you have a deadly weapon and if someone gets killed. >> could he have been charged. that's taken to the next step. he's not charged with someone being killed. >> a loaded gun. >> judge jeanine: strict liability in new york, we didn't care whether he intended to or not. in this case he's got to go to prison for two years. >> well, a minimum, at a minimum. three and a half years if he's convicted of the top crime. >> judge jeanine: plea bargain, the most they can give them two and a half years. ryan, what do you hope will happen here.

>> i hope that people can see this for what it really is and we can resolve this quickly and that the d.a. would honestly just drop it. and what i would like to see in the future, i'd like to see some things, you know, taken care of. >> judge jeanine: we wish you well and the way i see this, the manhattan d.a. seeks indictment he's not only wasting taxpayer dollars, but prosecuting a case the law was not intended to prosecute. ryan, mark and faith, thank you and that's it for us tonight. please e-mail your comments to justice@foxnews.c justice@foxnews.com. see you next week, same time, same place, same me. ♪ oom right? not yet, thanks for reminding me. wait, what? fret not ma'lady. i have the hotels.com app so we can get a great deal even at the last minute.

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