for another day. we'll be back monday. >> gretchen: maybe somebody will get a hair cut again. >> brian: we never know if that will happen over the weekend. we know your mission is stick around and watch the channel and if you have to run from the tv, run to the radio. >> gretchen: have a fantastic weekend, everyone. see you monday. martha: great show, you guys, thanks a lot. this is fox news alert. george zimmerman could walk out of jail as early as this morning. there is a live look at sanford, florida. that hearing is just getting underway. we'll determine whether or not that the man charged with killing trayvon martin will be released on his own recog that sense ahead of the trial. i'm martha maccallum. gregg: i'm gregg jarrett in for bill. owe is being asked to leave the area entirely for his safety. martha: he claimed he acted that night indself-defense

under florida's stand your ground law. phil keating, we understand that trayvon martin's parents entered the courtroom. it is believed it will be the first time that they will be face-to-face with the man who it is believed shot and killed their son. >> reporter: actly absolutely. expect a whole lot of emotion in at that courtroom, as soon as george zimmerman likely handcuffed will walk in there for his bond hearing. he has been locked up for the past eight days after turning himself in upon learning that the special prosecutor levieded second-degree murder charges against him. this is his bond hearing. his attorney is on hand. i asked him on the way in, mark o'mara, how he is feeling? actually good. it and they are pretty optimistic here. >> he is very worried about the whole process but, i think we have built a trust relationship which is great. and i think that he is

hopeful he will be out on bond tomorrow. he wants to be back with his family and safe. >> reporter: zimmerman's father and perhaps a brother are expected to testify on his behalf via telephone. that was established in a hearing yesterday. and so the family of george zimmerman will be arguing for the judge for a low bond amount saying look, we have network here. we're not going to let him flee. also on his behalf the zimmerman has the fact he turned himself in voluntarily last week that is two reasons why his attorneys opt mistakes there will be bond set and a bond obtainable to make. martha: what is this about a last minute meeting between zimmerman and trayvon's family potentially. >> reporter: mark o'mara hasn't indicated that the zimmerman would like a private discussion between trayvon's parents. sybrina fulton. she walked in the courtroom

minutes ago. she didn't say a word. the family and her attorney were asked about this concept actually meeting with the man who admits killing their son but independence chra it was self-defense. and they say, about that proposal, they are very skeptical. >> we believe zimmerman's request at this time is very self-serving some 50 days later, the day before his bond hearing. sybrina is a christian lady. tracy, there are good people. there may be a time and a place for that. >> reporter: that's a live shot inside the courtroom right now. we are about to commence, just about every seat is full in that courtroom and we can just imagine everybody in there right now looking for the moment when george zimmerman walks in there and how tracy martin

there on your left and his ex-wife, sybrina fulton, the mother of trayvon martin will react when they see george zimmerman. there is george zimmerman shackled by the hands, wearing a suit, sitting down for his bond hearing. that is the man focus for past six weeks. marchers nationwide demanding he is arrested. he is not only under arrest but in custody right now. this is his bond hearing. it should last two hours. back to you. martha: a remarkable moment as we watch him walk in there. strain to lift to shake each hand with his attorneys flanking him on either side this moment. george zimmerman in that courtroom, you can only imagine what is going through the mind of trayvon martin's parents. because as phil points out, this is the first time they have been face-to-face with the man who admitted shooting and killing their son in what he says is an altercation he believed was a threat to his own life. gregg: this is known as an

arthur hearing in florida and essentially there is a burden of proof here and it is on the prosecutor, angela cory. she has to convince the judge that there is proof of guilt and a presumption of guilt that is fairly great. and, if she really wants to keep this man behind bars, and not get out on bond, she is going to have to expose more of her case than is contained in this very short and thin probable cause affidavit. i have it here in my hand. essentially it lays out a very bare bones outline of the case against george zimmerman but there is no, you know, evidence of the elements of the crime. so she will have to lay that out. she may not want to do that and sew she may not oppose it. here are the considerations on the right-hand side of the screen for them. is he a flight risk? does he have significant ties to the local community?

number three, does he pose a danger to society? and finally, does he have a prior criminal record? we are led to believe he does not. you know, another consideration here, and you will hear it from his attorney, mark o'mara, is zimmerman is released, your honor, he can better assist me in his own defense. he is standing up which means the judge, circuit judge kenneth lester has arrived inside the courtroom. let's listen in. >> good morning. call case number 2012, 1383, state of florida versus george zimmerman interest pareds announce presence. >> bernie del rio on behalf of the state of florida. >> angela cory state of florida. >> good morning, your honor, mark o'mara on behalf of george zimmerman. >> thank you. any preliminary matters we need to take up before we start the bond hearing, state? >> no, sir. >> state ready to go

forward? >> yes, sir. >> yes, we are, your honor. >> we may proceed. >> i can present a quick opening but also go right into witness testimony. the opening is my client's been charged with second-degree murder. by information filed by the state attorney's office. the evidence that is before you today is a probable cause affidavi i know of no other evidence that the court is presently able to consider unless the state decides to present additional evidence. if in fact the court is going to consider any of that probable cause affidavit. part of the my presentation will be review of that affidavit and raising what concerns i think may exist and the state may then respond to that. before we get to that point, however we do have some family witnesses that i would like to call. we had talked to you yesterday how to be accomplished. i believe the court has that number. obviously concern referenced to you yesterday and maintains through today the concern over safety and i'm, assuming and hopeful that, the process of getting a

ahold of the witnesses can be done in a secure way. >> okay. >> i believe you have the telephone number. then we're able to begin whenever you are. >> how do you want to begin? you want me to call the witnesses first or. >> sure. i don't know if the state would respond to what i said. >> i will respond at the end, judge. >> great. >> call the witnesses, your honor and as we're doing that, [inaudible] as we're doing that, your honor, if i might, this is my client's current passport. the only passport that he has. it does expire may of 2012 but did want to acknowledge and surrender to the court at this time. >> thank you. gregg: so the defense is going to present some witnesses to argue that he

is not a flight risks. he voluntarily turned himself in. he has given up his passport and he doesn't pose a danger. >> hi judge. >> mr. o'mara? >> if i might. >> ma'am, can you hear me? >> i can hear you slightly. >> [inaudible]. >> okay. gregg: obviously one of the witnesses is in a different location and is, i believe telephoning her testimony in. so we're going to continue to monitor what's happening here. we'll let you know what happens, whether george zimmerman actually gets bail and is released. martha: we will keep on top of that as we go through this process. we'll be watching it and bring it to you as soon as we get into the more meaty part of that testimony this morning. and there are some new reports that we also want to bring your attention to right now, that identify the

woman at the center of the sex scandal that has rocked the secret service. this is the picture that has been splashed across the newspaper this is morning. she is reportedly a prostitute or an escort as she would probably call herself according to some of these reports, who accused an agent of refuse to pay for her services at a colombian hotel. that exploded into an international incident that happened of course during the president's visit to colombia for the summit and involved 11 secret service agents and at least nine, perhaps 10 members of the united states military as well. we've got more on that breaking news coming up in a moment. gregg: new reports identifying two of the three secret servicemembers already ousted in that scandal. the now former agents, david cheney and greg stokes, both allegedly involved in the infamous party at the hotel caribe. reports also indicate one of the men once worked in a detail for former vice-presidential candidate sarah palin and well, made jokes on his face book page

about quote, checking her out. martha: palin is responding and she is not a. -- amused. take a look. >> this agent who was kind of ridiculous posting pictures and comments about checking someone out, check this out, bodyguard, you're fired! and i hope his wife wicks -- and sends him to the doghouse. martha: she didn't stop there. what else the vice-presidential candidate said about all that. plus? gregg: bird strike threatening a jet load of people and it is all caught on videotape. new details on the dramatic emergency landing straight ahead. martha: justmont before americans choose the next president, there are serious new concerns about the potential for voter fraud. what fox news has just uncovered in a shocking report. and lawmakers speak out.

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gregg: senate majority leader harry reid making his case for passing a postal service reform bill by claiming seniors depend on getting junk mail. take a listen. >> seniors love to get them, junk mail. it is sometimes they're only way of communicating or feeling there are part. real world. elderly americans more than any other group of people in america rely on the united states postal service. gregg: reid says 30,000 post offices across the country will close unless the legislation passes. martha: sarah palin now weighing in on the secret service prostitution scandal that is unfolding in colombia after it was revealed that one of the ousted supervisors was actually on her detail back

in 2008 and then took an opportunity to joke about it, saying quote, that he was checking her out in this picture that he posted with sarah palin on his face book page, if you can believe that. the former alaska governor says that president obama should take this situation very seriously. >> it is a symptom of government run amok though, greta. and it's like, who is minding the store around here? when it companies to this particular issue of secret service, again, playing with the taxpayers dime and playing with prostitutes and checking out who they are guarding, the president, for one, he better be wary there of when secret service is accompanying his family on vacation. they may be checking out the first lady instead of guarding her. martha: well dan bongono's brother is a secret service agent in colombia during this scandal but was not involved. dan bongino is a former

secret service agent. worked for president bush and president obama. worked on 27 trips of them. including being lead for number of overseas trips for the president. so he intimately involved in this organization and understands it well. he is also now since he left the secret service a republican senate candidate. good to have you here, dan. welcome this morning. >> thanks for having me. martha: i'm sure having served for as many years as you did and two administrations taking this work verier is rusely which i can tell from everything you said and written on this subject this must be very upsetting to to you, not to mention the fact your brother was also on this trip? >> it is devastating story personally, and professionally. it is a proud agency. i'm very proud of my history with the secret service. it is really a shame this incident tarnished their reputation which was pretty sterling. we need to put it in perspective, 150 year history of the secret service, how many times do you see the secret service on front page of the news?

rarely if ever. i hope the public can forgive the agency and they're doing all the right things now. martha: i want to play more sound from sarah palin and get your thoughts on this facebook posting which seems to be just the antithesis from what you expect from a secret service agent in terms of his duty. let's listen to sarah palin for a moment. >> sure. >> the president, the ceo of this operation, called our federal government, has got to start cracking down on these agencies. he is is the head of the administrative branch and all the different departments in the administration now that people are seeing, things that are so amiss within these departments the buck stops with the president and he is really got to start cracking down and seeing some heads roll. a lot of people will just, i guess, say that this is boys being boys and boys will be boys but they shouldn't be in positions of authority, and yeah i think it is pretty embarrassing. if you consider what is going on in the state of our government, with, you know,

look who is running the show, boys not considering that there are ramifications for their actions, whether it comes to a budget out of congress and the white house to gsa overspends, to the secret service scandals, i have enough of these men being dogs. >> pretty scathing assessment. >> yeah. martha: you can hear in what sarah palin is saying there that she is suggesting that it is this administration sort of let a lot of this slip. you worked in both administrations in the secret service. any difference in the way that they treated this agency? >> no, not at all. and i think it is important to paint the contrast here especially given the gsa scandal and secret service scandal going on now. i'm not indicting everyone in the gsa but a number of people pleading the fifth and not talking. then you have the secret service which is saying all the right things. we're embarrassed. we apologize. we take responsibility. there is vigorous investigation ongoing. there is really nothing more than they do at this point,

okay we did it. we are investigating. those involved will be punished. i think that is the way it needs to be handled. they're not absolving anyone of responsibility. in gsa you see people taking the fifth, not appropriate after taking taxpayer dollars. martha: i'm sure you can understand as an insider, when outsiders look at this, they say, well, gee, maybe this time they just got caught? this feels likes it was such a large group and involved american military as well, it feels like something you just sort of assume happens more often than you knew. >> yeah. well, martha i'm not speaking on behalf of the secret service. i don't owe them anything. i don't work there anymore. i've been gone for a year. in my 12 years they live regimented almost militaristic type existence. those advance trips. there is no time for sleeping much less out cavorting. you know how many meals we missed? you're talking about elite group of men and women saying i go first, not the president of the united states.

they sacrifice children's birthdays, time, their own health. really a shame. yeah that this incident tarnished it. martha: i have to go, just quickly before we go, what caused you to leave the service and decide to run for office? >> time for an outsider to start changing things on the inside. martha: dan bongino, thank you very much for being with us. wish you well. thanks for your insight. >> you got it. gregg: are democrats changing their tune on president obama's health care law? why some lawmakers may be having buyer's remorse over the president's signature legislation. martha: a live look, let's go back to the live breaking news situation right now where george zimmerman, who you see in the center of your screen, he is shackled around his waste with a -- waist with a chain. he is waiting to find out if he will be released before his trial. breaking news on this. >> delta air lines plane and a flock of birds making for a very dangerous situation, forcing an emergency landing. a live look how it all played out up in the air in

just minutes. >> we're fortunate that they're all here right now because it was really scary for a minute

martha: this is a fox news alert. at 9:25 eastern time, the hearing in sanford, florida, is underway right now. george zimmerman who you see at center of your screen as i said has a chain around his waist. very limited mobility in his arms due to the way he is shackled. he is sitting in the middle of that table. his wife, shelly zimmerman was spoken to on the phone as a witness. they're determining whether or not he is a flight risk and whether or not he will be able to be let go on his own recognizance ahead of his own trial.

a lot of issues being discussed including fear their own lives including debt threats. that is the reason shelly zimmerman is on the phone and not there in the courtroom to defend her feelings about her husband and her reasoning for why she believes that he would be fine if he were let to come home. they want him to, he is arguing that he would want to be in a different county because of these fears for his family. if indeed he is let go this morning. so fascinating proceedings this morning in sanford, florida. we're on top of it. as soon as there is any news out of this hearing or this room we will bring it right back to you. gregg: he was the first missing child to appear on a national milk carton more than three decades lag. 6-year-old, eaton patz. he his disappearance haunting the family. rick leventhal in new york city with.

what is the latest here? >> reporter: the fbi is continuing to brief reporters behind me. the evidence sentence team is on scene. they were here yesterday at 8:00 this morning and been here all day. we will update you on the search for the suspect in addition to the search for atan. auld along the prime suspect in this case was a convicted sex offender named jose antonio ramos. he went to prison for abusing another child. the parents filed a civil suit and won but ramos was never charged in the case. multiple reports say that focus shifted to 75-year-old handyman who used to work out of the baste where investigators are searching. he reportedly knew the family and had given the boy a dollar the night before he disappeared. apparently, police won't confirm it but he is apparently focus of the investigation. gregg: what do we know about the search, further details? >> reporter: well it is

exhaust tiff. they have 40 memberses of this fbi evidence response team who first documented very carefully every single thing that is down there in that basement and dismantle everything bit by bit and photographing and cataloging it every stem of the way. now they're jackhammering and pick axing through the concrete floor in search for anything, for remnants of this boy, perhaps human remains of this boy in that dirt. here is more from the fbi. >> we and nypd have very capable professionals that are executing the search warrant and obviously in any case, but especially in the case of this significance and this magnitude we want to make sure we're as methodical and dill dent as possible. >> reporter: fbi says they have guarded optimism they will find something. it could be several days before they do. gregg: rick leventhal at the scene in new york city. rick, thanks very much. martha? martha: we have band new polls come in this morning

from two key swing states that show a very interesting trend in the race for the white house. why supporters of mitt romney may not necessarily be voting for mitt romney. we'll explain. gregg: and then there's this. take a look. >> we have to pass the bill so that you can find out what is in it away from the fog of the controversy. gregg: well, remember that famous or infamous line from then house speaker nancy pelosi? well, now that the health care overhaul is law, it's become a big problem for one party and some lawmakers expressing buyer's remorse

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gregg: live inside the courtroom in sanford, florida,. that is george zimmerman. he is shackled. this is his bond hearing. diana tenis is a florida criminal defense attorney who joins us live to talk about this. and, die nan, his first witness was his wife. she was not not courtroom. she that fears for her life after multiple death threats but attested to the long ties he has to the community. he has no prior criminal record here. he voluntarily turned himself in. he had 44 days which he could flee. he didn't. what are the chances he gets bail? >> i think the chances he gets bail are pretty darn high. at this point the state of florida has not really shown their hands yet. they haven't really said out

loud whether they think he has right to bond or doesn't have a right to a bond. they have cross-examined his wife shelly about minor scrapes he gotten into before. there was arrest for battery on a law enforcement officer they spent time talking about even though it resulted ultimately in diversion program. they questioned her about whether or not she really has gotten hate mail, i think trying to imply that we don't need to let him wander the state if he is released. they talked about some money issues. that website. maybe there is more money coming in than they're telling. so i think we're exploring right now like what the parameters of the release are. the state of florida hasn't made it clear yet whether they're really fighting a bond or not. gregg: yeah. if angela cory decides she is going to oppose this, doesn't she have to provide the judge more of her evidence in the case than is contained in this one-page, what has been described as a very bare bones, thin, probable cause affidavit?

>> you are absolutely right and that is why we're all kind of waiting. mark o'mara at this point frankly does not know what the state of florida plans to do but he does know, as you've said, they're not going to get a in jail, no bond status with just that probable cause affidavit which means there is either officers outside ready to testify or not. but you're totally right, they would need a lot more. gregg: should zimmerman be allowed to leave the county? can't they monitor him with an ankle bracelet, cure few? he can check in regularly with authorities there? i mean given the noteriety of this case, given the multiple death threats, you think the judge will allow it? >> yeah. i mean it is a really good point. we have a lot of people who visit florida end up charged with variety of crimes go home to their state of residence pending trial. he is presumed innocent. there isn't any reason necessarily that his, he should be restricted in where he should go.

you're totally right also, our ankle monitor system is meant exactly for this kind of scenario. they're able to keep tracks on you through cell towers, very effectively and there is really no reason not to let him go further afield, especially if it will keep him safer. gregg: shelly zimmerman has finished her testimony via the telephone. the father of george zimmerman will be now testifying and he too will not be on location but via the telephone. back to this affidavit for probable cause. when you say this, were you surprised that this actually contains really none of the elements of the crime? there is no malice a forethought, no intent to kill and so forth? aren't those the things that you really need to prove, to get by some of the first stages of arraignment? >> well, this is why this proceeding is so educational for the public. it is really, really, easy and a low standard to meet probable cause that is a very low standard. so i think that's shocking

to some people. i was personally surprised that there wasn't something more to go to the heart of second-degree murder because to me, that was a manslaughter affidavit. there was no malice. there was no evil intent. there was no hatred. you have to show some passion, some anger. that's the whole, that is the guts of a second-degree murder charge. so i was surprised, as you say, we didn't get a little more flavor for that. gregg: angela cory will have to introduce a lot more than what's contained in this very short document. thank you so much, for being with us, diana tenis. >> thank you. martha: we'll get you back there when that gets underway. there are new reports of buyer's remorse on president obama's health care law from members of his own party. several democratic lawmakers expressing doubts about the timing of the president's signature bill. wisconsin republican ron johnson is on the senate budget committee. he has been calling for repeal of the health care law. has been very outspoken

against it. he joins us with his assessment of some of this. good morning, senator johnson. good to have you here. >> good morning, martha, thanks for having me on. martha: it is interesting, look at some names associated with this, jim webb, barney frank, others, brad miller democrat from north carolina, dennis cardoza, california, all of them in very similar tones basically saying they think it may have been a mistake for the president to take on health care when he did and that they have real concerns about its electoral ramifications for their party? >> you're right. they do have buyer's remorse. i guess what they should have done is read the 2700 pages before they rammed it through in very partisan basis. now if they really want to know what the health care law is going to do, they have to read 15,000 pages. we added more than 12,000 pages to that 2700-page document. martha, this will be a disaster if the health care law actually gets implemented. let's keep our fingers crossed and hope the supreme court rules it unconstitutional and throw

the entire law out so we can work toward real solutions. modest bills, smaller bills that actually fix the problem. martha: when you look at the electoral politics and you go back, to the 2012, 2010, i should say midterm election, you know, what kind of indications do we have from that that health care may indeed become an issue that is very problematic for the president in the general election as well? >> certainly, martha, this was the issue that prompted me to run for the united states senate. this is very dear to my heart. i attended all four hearings in the supreme court because it is such an important issue not only to me but to this nation. let's face it, i think americans understand that the federal government is simply not capable of taking over 1/6 of our economy and running our health care. what is independent payment advisory board other than a rationing board? we're bankrupting this nation. people understand that you can't add 30 million people more in terms of insurance and not add one dime to the deficit. they certainly understand

this president didn't bend the cost curve down. we're not going to reduce as this president promised family coverage by $2500 a year. it is already up 2200. obamacare is series of broken promises. really this administration is nothing but a series of broken promise. martha: when you look at, you know, sort of the lay of the land as we move forward here, how problematic do you think it would be, or would it be advantageous that harry reid and jim car develop argued if indeed the supreme court shoots down the mandate in the health care bill? >> no matter what the supreme court rules, i don't think the democrats get an advantage. if the law is struck down as unconstitutional, shame on the president, shame on the president for pushing through an unconstitutional law. if it stands, again this is very unpopular bill because americans understand what a disaster it will be if it is implemented. this issue is bad for the democrats. people like democratic senator jim webb are

understanding that. that is why they're expressing that buyer's remorse. martha: you got 40 something percent of americans who like the law. about the 11 or 12% like it with absolutely no changes. we'll see where it goes from here. interesting take on it. senator johnson, always good to see you. thank you so much. >> thanks for having me on. martha: well there are serious new doubt that are arising about the economic recovery in this country based on this week's unemployment numbers about and some other numbers that we have in. steve forbes is going to talk to us about whether or not we're headed in the right direction at this point. gregg: and just months before americans go to the polls a new report shining light on a serious threat to our democracy. we take a much closer look at voter fraud in america.

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martha: had 44 minutes past the hour. unnerving testimony from the far-right extremist who is on trial for the deadly shooting massacre in norway. anders breivik, said he studied al qaeda attacks. he is accused killing in cold blood, 77 people, many of them teenagers last summer. >> we have new details on the plane crash that took place in the gulf of mexico yesterday. f 15 jets flu alongside that cessna for hours after the pilot stopped responding. the coast guard suspects that the lone pilot did not survive. more on that story later. can soda kill you? in new zealand a doctor testified that a woman's 2 gallon a day coca-cola habit likely contributed to her fatal heart attack in 2010. a coca-cola spokeswoman says that its products are safe.

gregg: well a brand new fox news report is raising serious concerns about the potential for voter fraud just months before the presidential election. while this issue of course is not new, a up in per of states recently passed voter i.d. laws in hopes of preventing fraud. the department of justice shot them down, arguing the laws discriminate against minorities. fox news's eric shawn recently spoke to one governor at center of the storm. >> this protects the elderly. this protects people who may do their absentee ballots. this proseconds everybody. we want to make sure they're saying that they are who they say they are. >> without vote photo i.d. what could happen. >> without photo i.d. i don't want dead people voting in the state the south carolina. i said that from the very beginning. >> authorities say dead people voting is real problem. according to statewide investigation by south carolina department of motor vehicles n january it found that 953 ballots were cast by voters who were

deceased though the state elections commission director disputes those findings. the report came out after hayley signed the vote are i.d. law hasn't stopped criticism of it were you surprised reaction you got from this? >> very surprised protecting integrity of the voting process is one of the most important things we do as governor in the state and will of people want to see that integrity protected. gregg: john fund, senior editor at "american spectator" and has a new book about to come out on voter fraud. comes out later this summer. john, thank you. >> thank you. gregg: people say voter fraud is a kinard, it is a myth. what say you? >> i say if you look around the country you see a lot of close elections that could have been influenced and changed by voter fraud. there are currently election officials in new york and florida who themselves are accused and been indicted trying to commit voter fraud. and this is something that people are concerned about. 64% of americans, gregg, in the latest "rasmussen poll" say voter fraud is a serious

or somewhat serious problem. in fact, a higher percentage of african-americans think it is a serious problem than whites. gregg: governor haley was asked by our eric shawn whether or not for political purposes the white house may try to gin up this issue before the election. here's a clip. >> do you think the administration has been trying to gen this up for political purposes? >> just oddly ironic that we have an election coming up and it is oddly ironic we're trying to get this passed before that election and that they are stopping us and saying we can't do it. gregg: the department of justice says look, this is just rampant discrimination against minorities. that is what is behind these laws, to try to help republicans. any evidence of that? >> well, they're relying on some very suspect studies that claim that 25% of african-americans lack a photo i.d. i don't believe that. that is ridiculous. when you actually have court cases look into this a very small number of people don't

lack i.d. since i.d. is free in states that passed photo i.d. law i say we're doing people favor get a photo i.d. you can't travel, cash or check or enter federal building without photo i.d.. gregg: you can't do anything these days without some form of identification. john fund, we have to cut it short. we had some breaking news today but we'll continue the conversation in the near future. thanks so much. >> thank you. gregg: this weekend, don't miss the can't-miss exclusive, fox news reporting, "stealing your vote". hosted by eric shawn. airs tomorrow at 3:00 p.m. eastern and sunday 9:00 p.m. eastern time. martha: getting great reviews. gregg: sure is. martha: we want to go back to this breaking news situation we're watching in the florida courtroom. this is riveting testimony this morning that is george zimmerman in the middle of your screen right there. he is the man accused of shooting trayvon martin. he has admitted as much but says he did it in self-defense. we're going to bring you this breaking news story as it is underway right now here in "america's

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martha: a tension-filled courtroom this morning in sanford, florida, because you have trayvon martin's family sitting on other side of this room you're looking at right now. george zimmerman sort of to the left of your screen in the back. he is shackled as we said. that is his attorney, mark o'mara, who is he have iting on his behalf, to encourage the judge to allow him to be free while he awaits trial. so there will be a trial obviously. but they're deciding whether or not or not he needs to be incarcerated as we await that trial. moments ago we hear from family members from george zimmerman. all are on the phone because they are in fear for their lives. they have received numerous death threats and that's why

they're too afraid to show up at the courtroom today. this is mr. zimmerman's father testifying about his son. let's listen to this. >> i never known him to be violent at all. unless, he was provoked and then, he would turn the other cheek. martha: father says he would turn the other cheek when provoked. that's a live shot of george zimmerman whose live changed so dramaticly on that night that he went out there in his community watchman capacity patrol the neighborhood. let's bring in phil keating who has been covering this case from the beginning. phil, your take what is going on there right now? >> reporter: it is pretty tense but by all accounts so far trayvon martin's parents not made any eye contact with the man who claims self-defense in the shooting death of their unarmed, 17-year-old son at end of february. george zimmerman handcuffed attached to a chain around

his waist. he is wearing a suit. underneath the suit you can see outline of what appears to be a bulletproof vest, safety of his protection is utmost concern for his attorney. and that is why they're having family members of george zimmerman, first his wife shelly, wife of nearly five years testifying first. then the father, robert zimmerman, testifying on behalf of his son and now the mother, gld diszimmerman testifying to the court that he is not a threat to society. that he should be released. by all accounts the family has little financial means here. and so we're working towards getting to the point where the judge will listen to both sides and decide whether it's going to be a very high bond amount or no bond or very low bond amount. martha: phil, we don't expect to hear from the martins in the course of these proceedings this morning, correct? >> we're not anticipating that but they are in the courtroom and it was very

important to them to actually see zimmerman face-to-face. the zimmerman legal team had been reaching out to the family over the past couple of days, suggesting george zimmerman would like a little private meeting with the parents of trayvon martin. it is nothing that they're having right now. they say it is a bit self-serving pointing out that he had a web page that he put up, never had an apology on that. so they're in the courtroom. they're watching. they didn't say a word as they walked into the courtroom today. clearly, very dramatic day inside that courtroom especially for the martin family. martha: quite a moment. phil, thank you very much. we'll be on this throughout "america's newsroom." we'll get everybody back there if there's news made in sanford, florida, this morning. thank you, phil. gregg: you know these names now, solyndra, "fast and furious", gsa, secret service and a few of the government scandals rocking the nation. will any of them however, sink the white house and the president's re-election hopes?

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martha: we want to bring you this fox news alert right now. brand-new poll numbers have come in and they take a look at two of the key swing states on the road to the white house. and they show that the president may be gaining some momentum in the polls. that's how we get started on a brand-new hour of "america's newsroom." glad to have you with us, i'm. >> caller i'mmartha maccallum. gregg: i'm gregg jarrett. they favor president obama over mitt romney by 6 -p points. it's a tighter race in florida, obama 2 points ahead of romney. let's talk about that with bob cusack the managing editor of the hill. good to see you. let's go right to it. in the state of ohio let's put up this next poll on the screen. the president as a 6-point lead.

71% of obama voters say they are voting for him, by contrast 63% of romney voters say they are voting against obama, which is 29% voting for romney. >> it's good news and bad news for romney. he's within striking distance after a bruising republican economy. this looks like 2004 where a lot of voters voted against president bush and not necessarily for john kerry. we know how that played out. ohio was a edi sider there, which bush would be, and he won because he won that state. mixed news for mitt romney. gregg: this is curious to me. almost 70% of ohio voters are dissatisfied with how things are going in the country today. quite often the president games the blame. look at there, mr. obama's disapproval rating is nowhere near that number, it's at 47%. what do you make of that?

>> i think it's all about likability here, because the polls show policy wise they don't like president obama, but they like him personally. 2-1 president obama has an advantage over mitt romney. he has to do something about that, mitt romney or else he's not going to win this election. and i think that disparity really highlights that. gregg: bob kusack of the hill, bob, thank you so much. >> thanks, gregg. martha: he was the first missing child to appear as way of trying to find him on a national milk carton and now we feel like we have seen so many of these posters every since this little boy disappeared. more than 30 years later the police have resumed their search for aton pates. he was only six years old when he took his very first walk alone to the school bus on in a street, on that block that you're looking at all those many years ago and he never came home. police have used new leads that shut down a city block yesterday. they are searching a building where they now believe he may

have vanished. specifically, it was the basement workshop that they are now looking at of a handyman who had an interaction with aton the night before he disappeared, he gave them a dollar. people in this area say it has brought automatic of the erry feelings back. >> it was very disturbing to know that a child had vanished right on our block, and that i would have to guard my children ferociously. and to this day, even with my grand kids i won't let go of them, i won't let them out of my sight for a second. >> reporter: it changed the way you feel. >> everything, yeah. i hope they find some closure. martha: don't we all. gil alb, former nypd homicide detective and private investigator, i know you remember this case very well, and all of us who grew up in this area, felt like you grew up with this story of missing aton pates. there was a man who basically

took responsibility for this crime although this little boy's body was never found, and now they are looking at this other person, who was a handyman. what do you make of all this? >> the parents never give up and they are never going to give up until they get to kind of answers. they are the ones that are pushing this. let's go and do the basement. that was bothering them through the years e. wa years. he was interviewed many times. martha: miller was. >> miller was. i think in the mother's mind, she said, hey listen we never went back to that basement. ramos now who is in jail, jose ramos who is the main suspect is getting out in november. they are trying to go back and do everything they can and search that basement and it takes that many people to search the basement, after 33 years how are you going to find evidence? they are going to have to do it with real fine tools. martha: miller said something to

the effect of what if the body was moved? that made their hair stand on end and wanted to go back. they had a dog who made a possible hit for possible remains in this basement. >> that is enough to go search it. talking to somebody 79 years old, this guy miller who is a handyman and he had a stroke and his daughter is the one that is speaking for him now, the body has been moved, whatever that means, but, you know, they are trying to find out if he put cement down at the time or he changed the basement at the time when he went missing. those of all things that they are doing. they are trying to tkofrg in this case and takdoing everything in this case and put the focus -- the main focus is the guy jose, the one in jail. martha: it's such a landmark case. the woman says in that sound byte, the way parents treat their children. to let a 6-year-old walk a block

seems shocking in a way to us now, all because of, you know, the beginning of this story of this little boy. i mean i could -- i remember his face like i saw it yesterday. you saw it so much. >> just think of the mother and the parents letting this child go for the first time on his own, so how much guilt do they feel? and do they really know he's dead? in their mind, let's keep searching and looking. they are not going to kind. that's why everything is going to keep coming around and keep look. that is one of the biggest cases in new york city history. martha: we've seen stranger things over the years where children have shown up. maybe in this case they'll get some closure. gil alba we'll stay right on top of this. gregg back to you. gregg: a desperate search going on in massachusetts for a missing 2-year-old girl. police say caylee ann la harrison vanished while playing

on a beach with her sister. she ran over to retrieve a ball that went over a beach wall and when the mother looked over the little girl was gone. they brought in aircraft to search the water by air. >> the water is rough. it's a 10 to 12-foot sea and the divers underwater are getting pounded. nonetheless they have worked for several hours now trying to kind caylee with negative results. >> reporter: she was last seen wearing a light pink top and darker pink capris pants. short light brown hair, blue-gray eyes. she is approximately 27 to 35 pounds and just under 3 feet tall. gregg: incredibly frightening moments on board a dealt a airlines flight. the plane forced to make an emergency landing at jfk shortly after take off when the plane hit a flock of birds affecting one of the engines.

here is the pilot talking to the patrol tower. >> declaring an emergency due to a bird strike. just to let you know our stats, for delta 10 63. we have 179 souls on board, 8 hours and 5 minutes remaining. >> there are no injuries and there are accommodations for the entire flight crew. those on board say the crew was cool, calm and collected. the plane landed safely yesterday. here you see a passenger in first class who coincidentally was taking pictures out the wind tkoefplt you can see the flock of birds flying by the aircraft. a number of the birds believed to be sucked into the evening skwreupbg on the right hand side of the plane. it blew the right engine out less than a thousand feet in the

heir. the plane began to buck for half a minute. then there were mortar flying moments when the cabin filled with smoke. again the flight crew landed that plane about 25 minutes after take off calf lee a safely at jfk. it was on the way to lax. all of those applauding on board when the plane touched down. gregg: great job by the captain and crew. how big is a problem this. david? >> reporter: this is a very big problem. it happens more frequently than people think. there were 10,000 bird and wildlife strikes involving aircraft last year. 1990, there were only 1793 bird and wildlife strikes involving u.s. aircraft. you see how dramatically the number has increased. 70 perdz of the strikes occur at an elevation of 500 feet. 219 people were killed due to world aircraft strikes since

1988. and there is also an economic cost to all this. these bird and wildlife aircraft strikes cost about $650 million a year, which leads us now, tkpwro*eg, t skwr*eg, t gregg to ask the question, why is this an increasing stphrob there is an increase in the bird population and aircraft activity and an increase in the incidents being reported. gregg: david lee miller. thank you very much, david. martha: a rocket on autopilot now headed for the international space station. food, fuel and supplies all stuffed into this russian-made soyz booster, this is the second of five missions to the orbiting laboratory. two americans, three russians and a dutch astronaut are staffing the station and all of that comes as we watch the discovery roll into a moo tee um

thmuseum the other day. gregg: two major issues making it very tough for the president's team to focus on re-election, how the secret service prostitution scanned disciple and the gsa spending spree could impact the battle for the oval office. martha: the secret service paying a visit to ted nugent. we'll tell you how that meeting went. gregg: i would have loved to have heard that. martha: be a fly on the wall? gregg: oh, yeah. one of the most powerful federal agencies that you have likely never heard of today, a warning about a new financial watchdog from lawmakers on both sides of the aisle. [ male announcer ] drinking a smoothie with no vegetable nutrition? ♪ [ gong ]

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martha: the motor city bad man

is not a bad man any more. roerbg ted nugent got a visit from the men in black after a concert. a little talk he had after he said he would be dead or in jail this time next year in barack obama was reelected. the comments were considered as a threat against the president by some. he said he wld never threaten violence against anyone. the secret service says the issue has been resolved. gregg: actually secret service probably has nor important things to deal with right now. they are part of the scandal becoming a distraction for the white house i in the midst of re-election involving prostitutes in columbia. and a spending spree that came online in spoof videos.

we a panel to discuss this. gentlemen, it's not justise new scandals. you throw in solyndra, fast and furious. does it show an out of control government under president obama and erode the public's confidence in them? >> i think the way you state it, gregg, over states the problem. sure there is a competent issue with president obama, the polls show it and the scandals certainly under score it. if you look at the gsa on one hand and particularly the scandal in cartagena neither directly involve the president's own leadership and people tend to vote for a machine as a leader based on what he's accomplished or not accomplished, and i think if you go as far as you went it over states the case. gregg: well always time to politicize it in an election. jeff sessions said the senator needs to assert management

leadership and discipline. i mean, come on is it really fair to blame the president for the secret service prosecution scandal and gsa? >> it sure is. gregg: why? >> a fish rocks from the head. his response, although the he hey not be complicit, we don't allege that at all, it's waerbgs it's tepid at best, it's a blame game. it's never his responsibility, his administration. you've mentioned at least four departments in executive pwrafps government where the president is in control of and easy loud his under listen to say we have a really big government, we can't be in charge of everything. he should have cleaned out at the secret service, the gsa, not allow someone to take the fifth who is still on the payroll. he should have been fired. the president has not taken the initiative. gregg: all of these front-page stories about the government waste of taxpayer dollars at the very time that the president is asking some taxpayers to pay

more, i mean doesn't that sort of undermine his strategy here. >> it certificate le certainly does. i think there is a more difficult problem he has, which is that this distracts from his narrative. he's trying to do a class-based argument about why he's going to be fair and stand up for the middle class, and if you have scandal after scandal, whether they directly impact his performance they certainly detract from and distract from his ability to focus on the issues he wants to focus on and his economic message yesterday was practically lost. gregg: the gsa didn't become party central overnight. there is evidence that it began to mushroom actually during the bush administration. but i want to ask you about a poll that came out a couple of days ago, 46% trust president obama to manage the government effectively compared to 37% that have confidence in mitt romney's

managerial skills. >> she's are just starting to plan out. the people have yet to really learn who mitt romney is. i think once they do they'll understand that he is much more accountable than this president is and his record shows that. once people get to know mitt romney the polls will change dramatically. there are two real polls, right track wrong track, do people feel we are headed down the right track, a majority of americans don't. and are you better off today than you were four years ago. the majority of the people say we are not. gregg: have a great weekend. martha: breaking news ot out of florida an investigator in the trayvon martin and george zimmerman says is now on the stand putting forth his thoughts on this whole thing and whether or not george zimmerman should be able to be free while owe

awaits trial. we are watching this very closely as news breaks we will bring it right to you. right here in "america's newsroom" ."

martha: back to florida, now, in sanford florida the investigator is on the stand right now. he's talking about his recollections and investigation into the murder of trayvon martin, who was the young machine who went out for skittles and ice tea one night and never came back home after an altercation with george zimmerman who says that his life was threatened by trayvon martin. phil keating is watching all of this unfold for us on location there in sanford, florida. phil, we've been coming back and forth to this. what happened in the interim down there? >> well, right now dale gilbreth

is defending the probable cause affidavit with which he signed his name which of course led to the sebz degree murder charge against george zimmerman. george stkeupl err man watching all of this from his chair. he's wearing a suit, gray, a gray tie, he is hand kufpltd it appears he's wearing a bullet-proof vest. his father, his wife shelly of nearly five years and his mother, gladys zimmerman all testifying that he's always been one of the kind of people who turn their cheek when faced with a violent situation, however, the prosecutor arguing that, no, he has a history of violent crime. back in 2005 he was arrested for two felonies involving assaulting a police officer, resisting arrest, and they also have brought up an instance where he had a restraining order error a productive order against them dealing with an ex-girlfriend who claimed he had hit her with an open hand.

the family trying to argue on behalf of george zimmerman that he's not a threat to society, that he should have a low bond amount, the state suggesting that the bond amount should be very high in this case. one of the things the attorney did this morning coming into the courtroom is he addressed the judge and he surrendered george zimmerman's passport as a sign that he is not a flight risk. martha: in terms of the prosecution, phil, we were discussing this earlier, what do we expect to hear from them? and do we expect we'll hear any more evidence in their case against george zimmerman today? >> reporter: we do. right now it's basically the defense's attorney. marco mera, the defense attorney is calling witnesses on behalf of george zimmerman. all his family testified via telephone. a lot of that because due to safety. his wife has gone out of state, and the locations and their telephone numbers have all been

agreed to to be kept totally secret in this case. of course if in fact george zimmerman does get a low bond amount and does make bond, even though his family has all testified this morning they have very little financial means the safety and location of where zimmerman would go is certainly a challenge for his attorneys here. but as soon as omara finishes up his presentation we do expect an aggressive presentation, including witness testimony by police officers, as well as the investigators as to why a bond amount should be very high. martha: fascinating so far this morning, and it promises to get only more so as we move through the morning. phil, thank you very much. phil keating, live in sanford, florida, as we watch george zimmerman attempt to become a free man, at least until the trial. gregg: breaking news out of pakistan now, a civilian jetliner believed to be a boeing 737 with 127 passengers on board

has crashed. it apparently flew from karachi, was supposed to land in islamabad at about 6:40 their times, it crashed just before touchdown. there were reports of bad weather there. the civil aviation authority cannot confirm the reports of the crash, but we are getting word through various sources there, including a website in pakistan that it has crashed. we cannot tell you the fate of the 127 passengers on board. rescue teams have rushed to the site. martha: all these recent reports that we got over the course of this week, the housing market not very good numbers, unemployment also enough numbers that came in and that raises a question about whether or not we are going to see a third spring kind of lead into a difficult part of this economy, in terms of the recovery. steve forbes is going to join us live on whether or not he believes we've got something to worry about over the course of the spring and summer. gregg: the keystone oil pipeline, remember that? seeing more support now from

democrats as it comes up for another vote, but there is a reason for the shift, and it's not because they like the proposal any better. you can't argue with nutrition you can see. great grains. great grains cereal starts whole and stays whole. see the seam? more pcessed flakes look nothing like natural grains. i'm eating what i kn is better nutrition. mmmm. great grains. search great grains and see for yourself.

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martha: new fears about our economy's recovery after some pretty tough reports that we got this week on the struggling housing market and also rising layoffs. last week we saw 386,000 americans walk on to the unemployment lines for the very first time, and that is not a good feeling. and they put the number at 386,000 as you just saw. that has been heating things up on the campaign trail. here is president obama in the all-important state of ohio this week. watch. >> we have two competing visions of our future, and the choice could not be clearer. let me say, those folks on the other side i am sure they are patriots, i'm sure they are sincere in determines of what they say, but their theory, i believe, is wrong. martha: then you have presidential candidate mitt romney firing back in the same state, ohio getting a lot of visits from these folks, hours later, watch. >> if you want to know where his

vision leads, open your eyes. because we've been living it for the last three years. it leads to lost jobs, lost homes, lost dreams. it's time to end that vision. martha: i'm joined now by steve forbes who is chairman and editor and chief of forbes media, and a former candidate himself e. he knows what it feels like to be out there talking about the economy. good to see you. >> good to see you. martha: you go so much on the housing market, whether we are seeing signs of life, and then you get an unemployment number like we did this week and it seems we might be heading in the opposite direction. what is your take. >> the economy is slow moving forward . like a car on the super highway we are going about 30, 35, instead of 65, 70. the big thing is uncertainty. that's why companies don't hire

because they don't know what the rules of the game will be. and you have the lurking depth crisis in europe. therone of the things that i think is going to hurt the president is if you are doing this as a comic book, above his head would be a dark cloud. he is coming across as very dour, very grim. people want something upbeat. even in aggression franklin roosevelt had that up pete persona. martha: you said something very interesting to me about this. and when you talk about psychology it really plays into it. two presidents since world war ii have not had re-election, jimmy carter and the first president bush, you said the guys who stole that job away from them were upbeat. >> clinton came off having a happy persona, even if you didn't like what he did and that sort of thing e. waups beat. ronald reagan coming in at a terrible economic time. people thought there was basic

rounded optimism there. that is the persona of america. we want to be upbeat about the future, not dour and grim. martha: when you look at the economy, the argument that the white house wants to make is it is slow as you say, 30, 35 miles an hour right now, you want it to be 60, but it's headed in the right direction, there is light at the end of the tunnel. the president has said he has put us on a track that will lead to recovery but it's a long tough haul to get there. >> he's made it tougher to get thr-pb necessary. you'll get there in three times the time that it should. this is in many ways the worst recover row from a severe downturn in american history. the great depression was much more horrible than what we're going through today but it at least had a had a sharp rebound. the question is request you sustain it? we never got that sharp

rebound. it's uncertainty about taxes. all these things weighs. martha: the housing market turns to around, if the jobs market improves into the summer and into september and october it seems that president obama will make the people think things are getting ready. >> there was never the sharp boost back in the 1980s, even though the unemployment rate was 7%, jobs were being created. martha: happy times are here again, is what you're telling me. >> china is slow, europe is doing dumb things, like we're trying to do here, putting new taxes on private sect err. it all hurts. martha: got to go. jeb bush is calling for romney to look seriously at marco rubio, he wants him to pick him. who do you want him to pick? >> rubio would be good. bobby jindal of louisiana, and

senator rob portman of ohio. martha: thank you very much, steve. always good to see you. we'll see you soon. gregg: it is the most powerful federal agency you probably never heard of. it's a new financial watchdog critics are calling the cia of regulators and now lawmakers from both parties are warning that there are no limits as to how big it could get. eric bolling is cohose of the five and joins us. eric, what truck me the last time i checked only congress can levee taxes, and yet this brand-new secretive agency cannot only levy taxes but there is no congressional oversight. >> reporter: apparently not. the office of financial research, some people are calling it the cia of the -- of the dollywood-frank reform bill passed in 2010. there in lies the problem. there are no restrictions on their budget it will come from

the taxes and fees that they levy on banks and other companies with no limits on those. in essence is it constitutional for them to tax banks? we are not sure about that. and is it wise for congress not to put a limit on how big they can get? feasibly they can go ahead and add taxes and fees on t to the extent they want to grow. they could be a multi-billion dollars agency. there is unabridged subpoena power. they cannot only go into banks. they can go into private businesses and say we need to know that, we need to investigate this over here. they could be going into trade secrets, emails, proprietary information on any type of company. it's very, very scary. gregg: it's very secretive and there in rests the problem. sunshine is the best disinfectant. we have an open society allegedly. do you wa worry that that will

involve into a big brother who is secretly developing into financial information where they shouldn't? >> i'm worried it's going to come out of the box in that form. july of 2013 is when it's going to start, and the fear is that that's what it is, it's going to be a watchdog that can walk in, take whatever information it wants and then disperse it throughout where it wants to. technically it falls under the department of the treasury and technically it's also supposed to report to other financial watch dogs within the department. we don't know what they are going to do with the information. they could maybe do anything witness. the bottom line is it's another form of government over reach into in this case private business again. and like i said earlier, very, very scary. gregg: anybody who is paying attention could have seen the

lehman bros. collapse as it were. >> this is a brand-new one, do we really need it? gregg: eric bolling, coanchor of the five. we'll see you tonight at guess what, 5:00. martha: there are new questions today that are surrounding the george zimmerman and trayvon martin case. this morning there is a live shot of the investigator who has been speaking on the stand right now. can george zimmerman be left go as he awaits his trial for second-degree murder charges? legal experts weigh in next. >> i never questioned whether or not shy one was telling me the truth. >> you just believed him because he's your son. >> i believe him because he's been honest his whole life. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

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martha: breaking news right now for you, getting a few more details on the boeing crash in pakistan. you can see on the map where they think this civilian plane went down. we now know that it was a boha

airlines flight, and the first flight by this airline in more than ten years. the airline had been discontinued, and the flight which crashed was the maiden flight of this airline getting back in the air. a tragic outcome it appears. we are waiting for more information on the 127 passengers on that plane. we'll get that to you as soon as we get it. gregg: we have been following live inside this courtroom the bail hearing for george zimmerman, the man accused in the death of trayvon martin. this is the prosecution's investigator who helped gather together the evidence for the probable cause affidavit in support of the charges. i want to play for you a clip here on cross-examination by the defense attorney, take a listen. >> if i say to you the word

peanut birth and, what do you think? >> jelly. >> okay. moe, larry and -- >> curly. >> when i say the word [unintelligible. >> i believe you're applying to a predetermined thought pattern to assert of circumstances. gregg: the defense attorney was trying to say the defense attorney say black or african-american. he he didn't fall for it. we have a panel to discuss this. eric, that is your venue down there. it would appear as though the defense is trying to cast serious doubt on the probable cause nature of the probable cause affidavit in support of the charges, right? >> gregg, absolutely and good morning. what they are trying to do with

this bond hearing is the properties kwaougs has the burden of proving. they have to prove proof evident, presumption great, what the defense attorney is trying to do is some show they don't have proof evidence presumption great for murder 2, and if that is the case by law the judge has to set bond. it will not be discretionary, the judge will have to set bond for mr. zimmerman, and that is what he's attempting to do this morning. gregg: this is the affidavit in support of the charges, tamara. this is the shortest affidavit for second-degree murder i have ever seen in my life. none of the elements are present here for second-degree murder, there is no intent, there is no malice aforethought, no indifference to human life, you can't stand on this and get very far if you're the prosecutor, can you? >> well i think so. and of course i'm not a florida attorney, but i think what the prosecution is doing here is they are not wanting to show their entire hapb in the very

beginning ohand in the very beginning of this case. it's not like the state is going to present all the evidence today. they want to be careful that they don't give maybe something incorrect that turns out to actually hurt their case. gregg: it does invite the question if they have much more. they've probe plea go probably got a little more. how much more, do they have enough? if i can go to you, eric the other thing about this there will be an accident hearing, it's called an immunity hearing in front of judge, they will present testimony, and they'll say judge out the charges entirely, because a i didn't instigate this. and b self-defense, this is all related to stand your ground law. and the threshold there, isn't it very low, eric? >> it is very low. what is different and unique about this is is in order to show this. the defense has the burden of

proving. we have to show by a a per pond danca per upon der rapbs of the evidence. we go in front of the judge, the defense attorney to take the case in front of the judge and try to show that mr. zimmerman believed that he was being attacked, not whether he was actually being attacked, the law is whether he believed he was being attacked and whether there was a threat that was imminent and whether his actions were reasonable. if the judge believes that the judge can throw out the case. if the judge does not believe that the defense can then go to the second bite at apple, take it to the jury and argue that he should be immune, or that he was defending himself. gregg: tamara let's assume you get in front of the jury, standard self-defense, a reasonable fear of imminent, serious bodily injury or death. if there are witnesses that will say that zimmerman's head was being even int beaten into the ground and if there are bloody pictures to demonstrate that,

what stphepb. >> then the jury goes back and deliberates. there is going to be more than just this bloody picture that recently came out. there is going tpob more than eyewitness testimo, ere will be further investigation and more people who are g investiga. onethinhai want to point out that makes thisase very difficult for the osecution is that theolice dn't send him to the hospital after this. they just kind of let the whole thing go away. gregg: tamara holder, eric swartzwright, thank you, we'll continue to follow this bail hearing inside this courtroom. martha: that is underway. we'll be following it throughout. rick folbaum is in for jon scott. >> reporter: we'll have more on the breaking news of that 747 that crashed in pakistan.

we have the good, bad, and the ugly in the polling for both the president and pol mitt romney. the growing toll scandals are taking on this white house. we'll see you coming up in a couple of minutes. back to you, martha. martha: rick, we look forward to it. that is all coming up on hapdz. on "happening now." put me in coach. this pint-size player ready to play, but it apparently wasn't his shot. we'll tell you about that when we return. ♪ this is $100,000.

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>> george michael zimmerman. >> you have advised me that you want to make ha short statement, is that correct. >> correct. >> i wanted to say i am sorry for the loss of your son. i did not know how old he was, i thought he was a little bit younger than i am and i did know know if he was armed or not. >> nothing further, your horn. >> and i'm sorry, sir, you're not really addressing that to the court you're doing that here to the victim's family, is that correct. >> they are here in the court, yes. >> i understand. i thought you were going to address your honor, judge lester knot. that is really addressed to the family and where the media happens to be, correct, mr. zimmerman? >> no, to the mother and the father. >> okay. and tell me, after you committed this crime, and you spoke to the police, did you ever make that statement to the police, sir? that you were som sorry for what you had done or their loss. >> no, sir. >> you never stated that did

you? >> i don't remember what i said. i believe i did say that. >> you told that to the police? >> in one of the statements i said that i felt sorry for the family. >> you did? >> yes, sir. >> so that would be recorded, because all those conversations were recorded, right? >> yes, sir. >> and you're sure you said that. >> i'm fairly certain. >> okay. which officer did you tell that too? you gave five statements i believe, total. >> yes, sir. i'm sorry, all the names run together. >> okay. and do you remember if it was a male or a female? >> there were both males and females. >> at the time you made that statement that you were sorry? yes, sir. >> and let me make sure the record is clear, you stated exactly what to those detectives? >> i don't remember exactly what verbatim. >> okay. but you're saying you expressed that -- concern for the loss of mr. martin or that you had shot mr. martin, that you actually felt sorry for him.

>> i felt sorry that they lost their child, yes. >> you told detectives that you wanted them to convey that to the parents. >> i don't know if they were detectives or not. >> officers, apologize. >> i didn't know if they were going to convey it or not. i just made the statement. >> okay. and then you said that you called them up or you left a message for them to tell them that? >> no, sir. >> why did you wait 50-something days to sell them, that is the parents? >> i don't understand the question, sir. >> why did you wait so long to tell mr. martin and the victim's mother, father and mother, why did you wait so long to tell them? >> i was told not to communicate with them. >> okay. so even through your attorney you didn't ask to do it right away, your former attorneys or anything? >> i did ask them to express that to them, and they said that they were going to. >> but before you committed this crime on february 26th, you were arrested -- i'm sorry, not arrested -- you were questioned that day, right,

february 26th? >> that evening. >> that evening. >> into the 27th. >> and then the following morning. >> uh-huh. >> is that correct. >> and the follow evening too? >> yes, sir. would it be fair to say you were questioned about four or five times? >> i remember giving three statements, yes, sir. >> isn't it true in some of those statements when you one confronted about your inconsistencies you started saying, i don't remember. >> outside the scope of tkre direct examination, i would object. >> we'll give him a little bit of leeway not a whole lot but a little okay. >> when you were questioned about your inconsistencies -- >> did you agree that you changed your story as you went along? >> absolutely not. >> sir, you had a phone at some point and you agreed to turn over that phone to the police so they could make a copy of what was in there, right? >> yes, sir.

>> okay. and in that phone did you receive or send text messages sir? >> yes, sir. >> okay. did you ever make any reference to a reverend. >> object, your honor, outside the cope of direct. >> sustained. >> did you ever make any reference to mr. martin, the father of the victim. >> sustained, you're getting a little bit far away. >> i apologize. my question is he was asked in terms ever apology to the namely and i would like to address that if i could. >> you can classify it as to whether or not he asked for an apology. i don't want to get into other areas. >> yes, sir. >> thank you. >> my question is, mr. zimmerman, do you recall sending a message to someone, an email about referring to the victim's father? >> no, sir, i don't.

>> just to anticipate i guess is the court ruling that i can't ask them about his statements he made to the police in terms of his limited testimony? i just -- before i get that i don't want to try and ask the question and objections are made. [inaudible] >> thank you very much, your honor. i have no further questions, your honor. >> step down. >> no further expression, urns. >> state anything further? >> no, sir. >> yes, your honor. though there is a presumption against bond initially with a felony like that in order to maintain that the state would have to convince you to a stan t