♪ . >> this is a fox news alert. the home going service they didn't call it a funeral, for whitney houston, wrapped up in newark, new jersey, late this afternoon. the star shined adds some of the biggest names in the music and movie industry came together to remember a legend. tonight on "justice," we'll have the latest, including the investigation into the cause of whitney's untimely death.

rick santorum's surprise surge in michigan. what does that mean for romney? governor mike huckabee is here to break it all down. plus -- >> it's here, the company like solyndra are leading the way. >> judge: the solyndra boondoggle. $535 million of our money gone. the white house is finally going to talk. will we finally get some answers? coming up tonight on "justice". good evening and welcome to "justice." i'm judge jeanine pirro. today was a at this to celebrate whitney houston's life. kelly wright joins us from newark, new jersey. >> good evening to you. the funeral for whitney houston was a celebration of her life. a star studded line - up of some of the best people in music and hollywood shared their memories of whitney houston. >> there was a grace that kept on carrying her. that's one thing i know. the other thing i know, for sure, and this is more important than anything that she's ever

done in her life, whitney houston loved the lord. [ cheers and applause ] >> clive davis who guide her incredible journey to stardom recalled how in her last days, whitney was looking forward to making a comeback in her upcoming movie "sparkle." >> whitney came by my hotel bungalow alone, no body guard, no security, just whitney and me. and she played her new cuts from "sparkle" and i played some new music that i liked for her. it was like old times. >> in an earlier interview, james walk who are met her on the is he of "sparkle" told me whitney's star power will not be diminished by death. >> sony will make a million dollars off whitney houston-related movies, cds, et cetera. i believe her estate is probably

going to see something to the tune of $50 million, 100 million over the next three years. >> her family says they shared her with the world. today was their day. they want the world to remember her as a mother, a daughter, a sister, a friend, a child of god. kelly wright, judge, back to you. >> judge: okay. thank you. of course, among those horning whitney houston, her co-star in the movie "the body guard," kevin costner hadn't said anything publicly until today. his comments really hit home. >> your mother and i have a lot in common. many at this moment are thinking, really? she's a girl, you're a boy. you're white. she's black. we heard you like to sing. but our sister could really sing. so what am i talking about?

kevin costner, whitney houston, they don't have anything in common at all. you'd be wrong about that. we both grew up in the baptist church. it was easy for us to laugh. the church was what we knew. it was our private bond. at the height of her fame as a singer, i asked her to be my co-star in a movie called "the body guard." i thought she was the perfect choice. but the red flags came out immediately. maybe i should think this over a bit. i was reminded that this would be her first acting role. we could also think about another singer, was a suggestion. maybe somebody white. i told everyone that i had taken notice of the fact that whitney

was black. [ laughter ] the only problem was, i thought she was perfect for what we were trying to do. whitney would have to earn it. that was the first time i saw the doubt, the doubt creep into her that she would not be handed the part. she would have to be great. the whitney i knew, despite her success and world wide fame, still wondered, am i good enough? am i pretty enough? will they like me? it was the burden that made her great and the part that caused her to stumble in the end. >> judge: arthel neville knew whitney personally and what kevin costner just said about her insecurities, are they true? >> you know, judge, i got a chance to work with -- not work with her. but my husband worked with whitney. he toured with her.

avenues percussionist. so therefore, i think it was the girlfriend at the time, we're married now. i would go out on tour. and spent a lot of time with whitney and what i remember about whitney was that after the show, many times she would go down to the hotel lobby and there would be a boom box and we would dance. i always liked to do the background dancers parts. she would get a kick out of that. so she was very personable. back to your question about kevin costner, what he said, yes, whitney is, was a person first and foremost. she was that girl from newark, regardless of the world wide fame that she achieved over her 35 years in the business. >> judge: what could she be insecure about? she is so beautiful and you just said she was gorgeous without make-up. >> she was gorgeous without make-up, but she's a person. that's the thing. what a lot of people forget is that celebrity, they're put up on a pedestal for many times people to pull them down. for no good reason.

so she had her insecurities like anyone else. she's a person. at the end of the day. and that's what i think people forget. just because you have -- she definitely had a gift from god, her voice. just because you are famous, it doesn't stop you from getting up in the morning like everybody else, crying sometimes when you're sad, mourning sometimes. it doesn't stop any of that stuff. >> judge: how important was church to whitney? >> church was everything to whitney. she grew up in church. that's where she started singing issues where we saw her, this going home service for her today. even in her concerts, i had -- i mean, special honor to watch whitney on the side of the stage perform. and many times they'd just kind of break off from their regular pop tunes that they may have been doing and she'll break into a gospel church rift and you saw -- you could tell she felt it and she would always throw in some of her -- i remember this, i think we were in austria.

that particular night, she sang, "i love the lord ." and i just broke down and boohooed because she meant it. >> judge: let's take a look at a few more of the highlights from today. ♪ she was born in newark ♪ . >> there are two constants that i know about whitney houston and one is that there was a grace that carried. ♪ >> that's one thing i know. and the other thing i know, for sure and this is more important than anything that she's ever done in her life, whitney houston loved the lord. ♪ a change had to come ♪ ♪, yes, it did ♪ . >> so say whatever you want. she is singing with the angels.

god bless you family, god bless you whitney, we love you so much. >> she's a beautiful human being. really, really caring, beautiful, thoughtful human being. call you for no reason at all and say hi. ♪ it's a long, long way to heaven ♪ but i got to get there ♪ ♪ can you send an angel can you send an angel he ♪ >> i feel like in so many ways, she reached back to so many people. she reached back to me. she reached back to monica and brandy and jordan and all these beautiful young artist, you

know. so many artists. and this made us feel like strong. >> i want to stop and give our thanks to god for just allowing me to be in life at the same time as whitney. [ applause ] ♪ he allowed you to touch our hearts ♪ ♪ and you did from the very start ♪ ♪ in that gift nobody can tear apart ♪ ♪ it's a gift from heaven ♪ a love >> we loved her so much and that won't stop. >> judge: you know, we saw whitney in a serious mode a lot of the time, yet we found out

today that she was very self-depricating and she had a sense of humor. did you experience that side of her? >> yeah. that's the thing f. you're in her presence, in any personal setting, you're going to see the fun, funny hity. she's bad. she's the boss, but she was the mother hen. she took care of the band. she made sure they felt comfortable, that they had what they needed to be part of the family. >> judge: it's interesting you say she was the boss. she called the shots? >> absolutely. she called the shots. it's nippy productions. that's her childhood name. she's nippy. she ran that show. >> judge: thank you. also from the music family. thanks so much for being with us, arthel. and we're checking in on the republican primary race with governor mike huckabee. rick santorum surging in the polls in mitt romney's home state. i habe a cohd.

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>> judge: rick santorum riding high in mitt romney's home state of michigan which holds its primary next tuesday. and tonight we have governor mike huckabee joining us. governor, it's so good to have you here again. >> thank you, judge. >> judge: the roller coaster ride continues. now rick santorum is in the lead. not just nationally, but in the state of michigan, which romney says hey, that's my home state. is this -- what does it mean? how does santorum surge like this? >> it's really an amazing phenomenon to watch this primary. every week somebody else is the new leader. >> judge: that's why we love having you on 'cause it's a new issue. >> one of the things that is very critical for mitt romney, it's not just a matter of a substance, although that's important in michigan, it's a delegate rich state. he needs to win it. but he also has to win it for perception's sake. he won it big four years ago. he's considered like the favored

son. he grew up there. he got married there. his wife is from there. if he loses michigan, it's like al gore losing tennessee in 2000. it's just not something that he can easily explain away. >> judge: so the fact that santorum won missouri and minnesota and colorado is not a significant -- as significant as michigan? >> not at all. on two fronts. one, those states did not award a single delegate. it was a symbolic victory, although it certainly lit fire force rick santorum. it was very good for him. huge for him. but this is different. there are delegates being selected and this is a state that everyone assumed mitt romney is going to win this. >> judge: you know, governor, even mitt himself doesn't want to admit the possibility of losing it. he's not even going for the low expectation thing. so he's kind of really throwing the dice himself. >> he's got to put a fire wall up in michigan. he's got to do whatever it takes. i'm assuming from his super pac and from his campaign, he will accelerate the attacks on rick

santorum and he will do all sorts of tactics to get his voters out to the polls and to make sure that he does not lose that state. it's just not something he can afford to do. >> judge: people are saying romney isn't connecting emotionally. you mentioned al gore in tennessee of the it's the same kind of thing. they have say al gore up close and personal, friendly, amicable guy. and that mitt romney is the same in person, but he doesn't communicate that. it's not palpable. you don't feel he's one of the guys. >> it's always been one of the challenges that mitt romney has. i think that rather than to try to ignore the elephant in the room, the thing that he should do is in every speech say, look, people say i don't connect very well. you know with a? i probably don't, but when it comes to resolving problem, that's what i do. no, i'm not the greatest schmoozer in the room. if you want somebody to come to the cocktail party, i'm sure you can find someone else who can work the whole room. but if you need someone to --

>> judge: and the women in the room. >> he needs address it head on and not ignore that's the rub against him and say, i know it's the rub against me, but you're not electing me to go to the georgetown cocktail circuit. you're electing me to get this country turned around and then go to his narrative. >> judge: the santorum campaign released an ad. let's look at a clip. >> mitt romney's negative attack machine is back on full throttle. this time he's firing at rick santorum. romney and his super pac set a staggering 20 million attacking republicans. >> judge: is that effective? >> you know, first of all, if i were mitt romney, i'd hire that guy to go and do all the parades i couldn't make 'cause he's a dead ringer and a great look alike. it's funny. i think sometimes the best way to deal in an attack ad is do it with humor. 'cause you can say harsh things, but it doesn't seem harsh. >> judge: he's got a gun in his

hand. i mean, conservatives are second amendment guys. >> you know, if this were in the general election and -- with the democrats, they'd beat the ever living daylights out of him because he used a gun. >> judge: but it works in this. >> it works in the primary. it worked in the south. >> judge: yeah. >> run that sucker in georgia and alabama and you got it made. >> judge: all right. look, money is going to dominate the election this year and with the advent of the super pacs, we've got these multi-millionaires who fund these super pacs and they're dictating the dialogue and the issues in this campaign. what's your take on all this super pac money and what's happening? >> everyone has to virtually use them because it's almost like it's the weapon now of choice and you can't fight an air war without an airplane. you can't run a presidential campaign without a super pac. with all the people ripping their shirts and saying, how terrible it is, obama, the ultimate hypocrite talking about

how unsavory t but it's so unsavory, i can't wait to do it myself? here is what we need to do, get rid of mccain-feingold. utter disaster. report everything and prohibit nothing and make every candidate have to own up to the ads and don't let these independent groups say if you're an independent group, you want to give money to judge jeanine's campaign, knock yourself out. if we're not careful, we're going to turn the election process into a plutocracy. it's the worst thing because it was always supposed to be that no matter who you were, you could run for office. it's not going to continue like that if we don't change the rules. >> judge: it is always good to have you here. thank you. >> thank you. >> judge: how far did the obama administration go to keep controversial solyndra afloat? a house panel getting to the heart of the secrets about solyndra.

>> judge: why did the energy secretary push for a $1.4 billion loan guarantee of taxpayers' money to a company required to buy panels electric solyndra? just as it went out of business. peter schweitzer, a fellow from the hoover institute joins us this evening. how are you? >> i'm great, judge. great to be back on with you. >> judge: thank you. we're delighted to have you. now, taxpayers lost $535 million because of this great green energy company, solyndra. now it comes out that the government approved a $1.4 billion loan company to a

called -- to a company called prologis. >> they were going to put solar technology on roof tops around the country to provide clean energy. the problem is that solyndra, which had already received a loan, was in financial trouble, so the department of energy intervened and told prologis we're going to give you government money in the form of a loan guarantee of $1.4 billion, but you need to use the technology from solyndra. this was their effort, their attempt to try to rescue solyndra. to show you how absurd this got, not only did they say that, they actually participated in the negotiations between these two companies to set the price for this technology. it's just an absurd intervention by government bureaucrats trying to prop up solyndra which was failing. >> judge: well, so we've got personnel in the department of energy who are actually negotiating a deal between these two private companies, solyndra and prologis right at the time

when solyndra is about to declare bankruptcy and they're saying, by the way, if you want a $1.4 billion, you got to buy from solyndra, meanwhile, solyndra goes bankrupt. >> that's exactly right. what it shows you is as much as they want to say that when they offer these government backed loans or grants for green energy, there are enormous strings to attach and they may attach new ones and pull them. they're going to accompany pr prologis who thought through the project it wanted to use and the government came in, bureaucrats and said no, no, no, for political reason, because we want to try to rescue solyndra, you're going to have to use this technology. not the other technology that you were planning to use. it's just an outrageous involvement and it shows you to the extent to which this whole process was really politicized. >> judge: and of course, peter, yesterday the white house finally agreed to allow congress to interview administration staffers about what they knew

about all of this. why is this important? >> this is very interesting because obviously things did not go well in this loan program. we're seeing lot of bankruptcies, a lot of allegations of cronyism. so these individuals are now going to be asked by congress and what's interesting, judge jeanine, when you look at the senior people at the department of energy doing this, these were not technology people. these were not engineers or scientists. these were political fund-raisers and political appointees. it will be very interesting when they're put under the bright light on capitol hill to explain how they made decisions, why they made decisions, and why things have gone so poorly. >> judge: it's kind of interesting, peter, that it took the white house just p a year to even agree to this. but secretary, which hu has said this goes higher in the obama administration than any other transaction in the loan program. do you think this goes as high up as the president? >> i think it's very possible. look, what is at the underbelly

of a lot of these loans is that the investors, whether it's prologis, whether it's solyndra or other companies that got loans, these are companies that are owned by and large by people that have raised a lot of money for president obama. they did it in 2008. they did it in 2012. so you can imagine when you're talking about a project meaning billions of dollars that a obama financier is involved with, then we know from white house memos already that they were involved in some of this decision making. >> judge: all right. peter, thanks so much for being with us. now, what happened to whitney's ex-husband, bobby brown today? was he actually asked to leave her funeral? a hollywood insider has the details. ♪ and i will always love ♪

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>> celebration at the vatican. pope benedict xvi appointing new cardinals. one of them, dolan and o'brien. experts calling cardinal dolan a very potential future pope. update on a story we first told but on fox report a little while ago. arizona sheriff paul babio admitted to being gay after a campaign worker says he was threatened by the sheriff if he excused him. the accuser known as jose issued this statement, quote, jose retained our law firm after he was contacted by the sheriff's attorney because he felt intimidated and needed someone to protect his rights. jose continues to live in fear and currently in the process of moving again. therefore, he is not able to speak with the media at this time. end quote. the sheriff denies threatening the man. now back to "justice" with judge

jeanine. >> she looked at me quietly said, i want you to know i'm getting in shape. i'm swimming an hour or two a day. and i'm committed to get my my health back, plenty of vocal exercising. clive, i'll be ready by august. >> judge: that was whitney houston's mentor, clive davis. she'll be buried tomorrow. joining us are dylan howard, senior executive editor for radar on-line and dr. michael bodien forensic pathologist, good evening. >> good evening. >> judge: dylan, i'm gog start with you. everyone is talking about whitney's ex, bobby brown, at the funeral. what happened today? >> it was really the low point on a heart warming day, a day in which the world paid tribute to whitney houston. but as we understand it tonight, there are conflicting reports. according to houston family insiders, bobby brown turned up

at the church with an entourage of nine. having been told there was only room for three people. you must remember, this was a church that routinely only holds 300 people. and today it was packed with 1500. though bobby brown is defining that. i want to read you a brief statement that has been sent to me from his camp. he says, my children and i were invited to the funeral of my ex-wife. we were seated by security and then subsequently asked to move on three separate occasions. he goes on to say, i fail to understand why security treated my family this way. security then prevent medicine from attempting to sea so my daughter, bobbi kristina. he goes on to say, he didn't want to cause a scene and decided to leave and pay his respects the only way he could. >> judge: so he didn't stay at the funeral or at the ceremony? >> he didn't. but people are saying that he actually went to whitney's casket and kissed the casket

before leaving and he's due to perform tonight with his band in a gig about four hours outside of new jersey. >> judge: all right. let's talk about their daughter, bobbi kristina. do we know whether or not bobby brown has seen their daughter, 19-year-old bobbi kristina? >> well, this is a family that is very fractured. whitney's mother blames bobby brown for introducing whitney to hard drugs. a marriage for over 15 years was dotted with domestic violence. she has attempted to keep bobbi kristina from her father, despite the fact that he flew to los angeles. there are grave concerns about bobbi kristina. she was rushed to hospital twice in 12 hours after her mother's death. she has been introduced to drug use in the past. that's well-known. that's well documented. there were even photos of her snorting cocaine some 12 months ago. so the family is very fractured at this time. no, we don't know for certain whether bobby has been with bobbi kristina.

what i can tell you is that bobbi kristina was not inside the church today when all this scuffle, if you like, took place with security and bobby brown. >> judge: do we know whether or not there was visitation after the divorce? was bobby brown seeing his own daughter? not since whitney's death. >> no. no. we don't know for certain, judge. >> judge: all right. and finally, how was whitney's health prior to her death? do you know? >> very important facts to tell but tonight, judge. i can tell you that whitney houston saw a beverly hills doctor -- we don't know if it was the same doctor, but three times over the period of eight days before her death. that is now the subject of this coroner's investigation. were drugs prescribed to her at that time by multiple physicians and what for? that's the key and that's why subpoenas have been issued. the second important fact to tell you about tonight, judge, is that whitney houston visited

a plastic surgeon some three weeks before her death. the plastic surgeon refused to perform an elective procedure on her because she failed the medical. that also a key important part of this probe. >> judge: thank you. dr. bodilen, there is no cause of death, even though the autopsy has been completed, what are we waiting for? >> for correlation of the autopsy findings, toxicology results, and the police investigation. >> judge: why does the toxicology take so long? >> they probably finished most of the toxicology. what's going to take longer is the police investigation because remember, nobody saw how whitney was found deceased except what the body guard -- i think the hairdresser said. they want to make sure that's accurate and correct. was her head under water? was she leaning over the tub? did she go into the tub under her own ability or did somebody carry her in the tub in order to revive her because she passed

out? those things -- the police have to do a lot of work on. >> judge: all the talk about overdosing and the visit to a doctor three times, we know she got -- we believe she got amocks is a sillen recently. how are we determining whether or not she overdosed on drugs? >> the only determination is going to be by the toxicology report. what was found chemically because what drugs were in the room at the time may or might not be drugs that were used by her and whether or not she also possibly had any kind of heart attack or hemorrhage in the brain or something. those are things that as unlikely as they are, have to be ruled by looking at it under the microscope. >> judge: if it is a heart attack, how can we tell how it occurred, what caused it, stress, coronary problem? >> everybody's heart stops when

we die. in order to have a heart attack, you have to have usually hardening of the arteries, blockage of the coronary arteries that they can see with a naked eye at the autopsy and under the microscope. that's unlikely for a 48-year-old woman. but it can occur. >> judge: okay. and doctor, assuming that -- and whitney was in rehab quite often. 30 seconds. >> a risk to a doctor to prescribe prescription drugs to someone who is already an addict? >> it's very hard for individual doctors to deal with addicts. that's why alcoholic anonymous and all these rehab centers have been created, because individual doctors have a very poor track record with alcoholics and with drug abusers. it is the peer group pressure of other alcoholics or other drug abusers in rehab that helps to cure somebody and that's why we have rehab centers rather than individual doctors treating addicts 'cause it doesn't work. >> judge: allall right. always good to see you and, of

course, dylan, it is all good to see you as well. thank you both. now, police have issued subpoenas in the death of whitney houston. will any charges come out of that investigation? that's coming up next.

>> judge: police issued subpoenas in the death of whitney houston, a former prosecutor, fox news analyst,

joey jackson, criminal defense attorney. welcome. they issued subpoenas to several pharmacies, one in atlanta and one in l.a. trying to figure out i think how many prescription drugs she was taking. clearly that is legal, but do you think charges will come out of this? >> it reminds me of a michael jacksonesque type of situation. clearly this isn't the same. there is no doctor in the room with her, in the bathtub. there is no evidence that a doctor prescribed the drugs that day in such a gross manner, he gave her so much that it would cause her to overdose. i doubt anything will happen. hopefully if there is any good that comes out of this, it's a warning sign to all the medical. >> judge: criminal, you're talking about. talk being michael jackson, talking criminal. how about civil? does a doctor have an obligation, if he knows that his client is an addict or patient is an addict to make sure that he doesn't prescribe or she doesn't prescribe meds that might contribute to the addiction? >> absolutely. look, if you look at standard taught law, the risk perceived is the duty to find. that means if there is a risk

because they have some other prior condition, that it's going to compasser rate bathe and add to it, then as the doctor providing standard medical treatment and care, you have to make sure that you do what's right, what's proper and what's appropriate for that patient. if you step over that line, then there should be a civil remedy. >> judge: do you know that as many as 15,000 people a year in this country are dying from prescription drugs, from overdosing on prescription drugs that have been prescribed? >> oxycontin. >> judge: it's the interaction. >> the new heroin. >> judge: anyway, sound on tape here, take a look at this. >> let her flip or pushed her underneath that water. >> can't you just say, you know with a? i was wildly speculating and i'm sorry? i shouldn't have said it. it was inappropriate. >> that was not speculation, dan. >> it's not speculation that she may have been pushed under the water. >> judge: who let her slip or pushed her underneath the water? who let whitney houston go under

her water? that's a quote. did nancy grace cross the line here? >> judge, headline news should name her the nancy disgrace show. she disgraces two professions. the legal profession and the profession of journalism. every night if you watch her show, she says something that is just wrong, factually wrong, from her own record, she never lost a case. this is represencible what she said. there is zero evidence that whitney houston was pushed under the water and tofutti putt that out there to whitney houston's family and fans is irresponsible. >> judge: no one associated with this investigation has even suggested that they're looking -- that she might have been pushed under the water. where is she coming from? >> i know, and i can appreciate that. but you have to understand she's a victim's advocate. >> judge: so am i. >> it is about the facts and if there is a misstatement, then they need to be corrected and the record needs to be corrected. however, i think maybe in the zest in order to find out, to get information, accurate

information, maybe she -- . >> believe me, he could have landed on her like a ton of bricks, he was like, nancy, now that you're rethinking this, do you want to take that statement back? no, because an autopsy as we're finding out the cause -- >> we don't know what happened. hopefully we'll get to the bottom of what happened. maybe there weren't drugs involved. maybe there were other conditions. >> judge: in any event, hugh hefner's 21-year-old son was arrested and charged with attacking his girlfriend. now his girlfriend says she'll drop the charges if he apologizes. police say not so fast. we're not dropping any charges. can the police do that? arthur, can they make a case without her cooperation? >> it depends what the other evidence is. if there is other evidence surrounding it, if somebody else saw it, if she had marks on her

face and a police officer took pictures. >> judge: she was punched and kicked with bruises all over her body. is that enough evidence for you? >> how many times have you seen this, as a former prosecuting attorney that you have in a relationship someone gets beaten up. unfortunately, the girlfriend or wife and then all of a sudden, there is a reconciliation. he didn't do anything to me. he didn't hit me. so prosecutors are getting tough. how? they're saying, we don't need you. we're going to prosecute anyway. if there is a 911 call, we're gog use it. if you signed a complaint against him indicating certain facts, we're going to use it. enough is enough. if women are not going -- >> judge: what are you thinking? you disagree? >> look, domestic violence is one of the most difficult issue that faces the criminal justice -- >> judge: no, it isn't. it's a crime. you know with a? she said he beat me before. >> you know as a form chief prosecutor of a county -- >> judge: i started the first domestic violence basis when they were dropping left and right. you know with a? >> you got great press over

that. >> judge: the bottom line is, you no he what? it's a crime against the state and she is nothing more than a witness. >> every other case in the state, the prosecution usually relies heavily on the victim and the victim's feelings. do you want this to be prosecuted? your son was hit by a drunk driver. what do you want the punishment to be? >> judge: whether she wants me to or snot. >> a lot of times they ask what would you like to see happen to this person? >> a lot of times emotion gets in the way. when that happens and you can't think clearly and you really feel sorry and bad for your spouse, girlfriend, you're not inclined to prosecute. this has -- >> maybe emotion got in the way at the beginning at the time of the fight. >> a why he hit her in the eye? >> that's why the investigation has to take place. 911 can be used as a sword as well as a shield. >> judge: you're right. here is the problem, you've got to make sure that she signs away her hippa and medical privacy rights 'cause then the d.a.

cannot use the medical records without her permission. stay with us. we've got more ahead. plus, a special salute to members of the military more colors. same edge. droid razr by motorola. buy one for $199.99, get another one free. and back for a limited time, get twice the data for the same low price. verizon. it's got 10 speeds, my friend. ♪ is it fast? it's got a lightning bolt on it, doesn't it? ♪ is it fast? i don't even know ift's street legal. ♪ is it safe? oh ya, it's a volkswagen.

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>> judge: we're back with arthur and joey. here is a case that's interesting, be on the lookout for two bald robbers who stole $150 worth of rogaine from a cvs pharmacy in new york and on the loose. any chance they'll catch these guy as soon as if they do, arthur, i will go directly to you. is it a defense if you really, really, really needed that rogaine? >> the main guy in le miserable

stole a loaf of bread. these bald guy, you need hair! you can't get a job! you need the rogaine. obviously if they're caught dead to right, they're caught dead to right. >> judge: they're using pictures from the surveillance and issued warrants for these guys and hoping members of the community will recognize them on facebook and come forward. >> all i have to say, this happened on december 17. arthur, i know it was your christmas party. alibis and defense, good to go. >> judge: if they want -- if you were trying this case, what would you say, joey? >> listen, as a defense? >> judge: if there are two of them for 150 each, it's $300. >> from a prosecution's perspective, stealing is stealing. does it matter as to you know what? i was bald, i was stealing. my baby needed diaper, i was stealing. >> it my may be a hung jury. you mentioned about facebook, i was speaking to a judge today, all the evidence in his case, a gang gun case, it's all facebook. there are the gang members with the guns, on facebook.

and the judge goes, they wonder why i'm letting it into evidence. >> judge: this technology is helping law enforcement where it always -- >> on witnesses what, do you do? you pull their profile, you have so much information on a witness when they go to testify, god forbid they're not truthful, you have it right there. cross-examination. >> judge: and by the way, there was a woman with these guys who apparently, when they stole the rogaine, which by the way is an expensive over the counter medication that uses the chemical -- does it work? >> no. i tried rogaine. >> judge: you know what i hear, you lose your hair for three weeks and then it comes back. >> i didn't even have that much time. >> judge: i think you look great so does a woman get charged as well? >> yeah, of course. co-conspirator. >> judge: i didn't steal it! >> she want add man with hair. >> judge: good. arthur, joey, thank you. before we go tonight, a military

shout out. justice viewer kim wrote us about corporal joe mill. joe is with the 10th mountain division out of fort drum, new york. last month while serving in afghanistan, a fellow soldier was injured by an i.e.d. blast. joe rushed to his aid, but there was a secondary explosion and joe was hit. he lost his leg in the blast and is currently recovering in bethey da at walter reed hospital. when asked what his plans were once rehabilitated, his response was, quote, return to duty. joe, you are a true american hero. your attitude shows that. you and all the other heros at walter reed make us all proud. good luck in your recovery and thank you for your service. that's it for us tonight. thank you for joining us. please e-mail us your comments. we'll leave you now with a clip from whitney houston. good night.

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