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post game wrap up. >> tom, new show? >> new show. >> tell us about it. >> oh, from march until june i will be doing "america's got talent" in las vegas. >> thank you for asking. >> you've got it. >> what do you have going on later today? >> covering the state of the union, the after affects of all of that. >> awesome. >> will, anything? >> if any of you are in williamsburg you can see my one-man show. >> that is something i might do. >> i might have to go. >> or i might say i am going and then lie in bed crying. that's what i do. they're regular people, they work hard, save for dream vacations. but what do you do when the dream turns into a nightmare? you're held captive on a

cruise from hell. hello, welcome to justice. it's sunday morning day through of a four-day cruise. fire erupts and all power goes out. and for next five days, 4200 people on carnival cruise ship triumph are adrift on a ship without power. that means no hot water, no electricity. no running toilets, and no real food. so much for the unlimited buffet. so it left me looking for answers. what is the history of the ship? did it have previous problems? alas just weeks earlier, the same ship had an engine room problem causing cruises to be cancelled left i forget this is a carnival cruise line. engine fires, not really

uncommon. last year acasta alegga a fire in the engine room. splendor, fire in the engine room, adrift. ecstasy, star princess, royal princess. each with their own problems. yet get my drift? so -- why was there no emergency plan in place? passengers report total chaos, walking on urine-soaked feces inen crusted floors eating ketchup and onion sandwiches. i brought some here for you. so i say why wasn't food air dropped for these people? we do it for foreign countries all the time. >> people were hoarding food and running with food. then there are food shortages

they kept stopping serving food. you'd go up, there would be no food. you'd be waiting on line for hours on end. >> why did it take so long to get a generator? another cruise ship was able to drop off hamburgers and chicken from which it's reported many came sick and over which fights erupted over food. why was there no provision for wheelchair bound passengers? since the elevators didn't work, they were held captive on the floor they were on. >> we're focused tonight on our guests and getting them on the journey home. >> really? if you're so focused on getting guests home, the ship was 150 miles from mexico. 500 miles from alabama. the math is simple. since the cruise is over the next day, go to mexico. get them home. but the decision was made to

go to alabama. could it be because it was cheaper to go to the states? then, you only have to bus people home and they had about 100 buses versus paying for air fare from mexico. plus, why put more miles on the ship? >> could have been a serious catastrophe. so they're lucky can't didn't end up burning in the ship. no alarms went off. they told us to go back to bed while the fire was burning. >> but isn't it interesting the last night passengers received for their last supper steak and lobster. so for their close up, carnival cruise line zant lou that old ketchup and onion sandwich, makeshift tents are down. the deck is pristine. no longer smelling of feces and urine, urine strong enough

to burn your eyes and feces crusting on the toes. then, they had the music play on. what is the recourse? ticket language virtually limits ability to recover and sue. mary time law bars passengers from recovering damages for emotional distress. unless you've been injured no damages. so i think congress needs to get involved because rights of passengers are almost nonexistent. at a time when the business is exploding. so what is say? this will be investigated? yes. but by whom? >> oh, yes. the baja government. aren't they the one that's gave us the anna nicole smith investigation? isn't that where an attempt was made to black mail john

travolta after his son died? i believed the punishment should fit the crime. here is my sentence. all executives of carnival, including ceo will be sentenced as follows, they're jail cell, a porto potty and a smelly one at that. conditions of their incarceration? they walk in fees yeegs-encrusted and urine-soaked rugs, no shower no, water and eat old bred, onion and ketchup sandwich and their fine? $10,000 times 4200 people. by the way, that includes crew members who prevented an all-out mutiny. with me is max who, with his wife was a passenger on the carnival triumph. he plans to is sue carnival in a class action lawsuit joining us from oklahoma city. also, michael winkelman,

matt's attorney, matt you were a marine. how bad was this? >> conditions were pretty bad, everything you said so far is very accurate. the beginning when the fire broke out at 5:30 in the morning, everybody scrambled to the mustard stations and didn't know what is going on. >> did they tell you that there was a fire? >> not initially. you can smell smoke belloing through the hallways. >> so do you think the ship was prepared for the possibility of this happening? >> that is yi came on this. i don't think that they were well prepared. their history shows that they're neglect to implement contingency plans to ensure passenger safety. >> all right z so what

happened to those individuals who were, you know in wheelchairs, the elderly sni understand a woman cracked her head, an elderly senior citizen, that a girl, someone broke her ankle or a foot was hanging from her leg. did you see this? >> i did. i saw the -- i felt bad for the young children, babies who you know were on limited supply of diapers. i also heard they were rationing out diapers on board. the elderly were stuck whenever they were at. it was no, no way of getting anywhere and people just bringing them food. >> all right. michael i'm going to go you. you represent matt. what is the basis of the claim? can you expect to recover given the fact that you know there is limited liability

personally for the ticket sndz. >> first, good evening, your honor good, to see you. thanks for having me back. matt and other passengers have a right to file a claim. it's a combination of a negligent inflix of emotional distress claim and intentional intention of emotional distress claim. they're difficult. >> you need to show physical jirks don't you? for people suffering stress walking through feces-encrusted campit that is he megsal trauma. is that recoverable? >> it is, judge. and you're correct talking about the zone of danger test. in some jurisdictions it does require a physical man festation. from what i've seen these people have a right to recover under the law for negligent inflix of emotional distress. >> do you think this was intentional? why? >> i do.

and judge, i think you're hitting the nail on the head about putting profits over safety. when they're 150 miles from mexico they intentionally decided to go 500 miles away back to the united states for money. so instead of giving people off of the ship they decided to drag them across the gulf of mexico for five grueling, awful days and subjected them to the awful, deplorable conditions. >> when you add to the fact for five days people had to plan, or weren't able to plan for baby-sitters and pet sitters, checks stolen in the mail. have you to pay. >> they couldn't work. losing wages. >> i mean, you got it, judge. >> $500 doesn't cover that. >> none of it. i call it laughable. i know matt feels the same way. why does carnival get to pick a number out of thin air is in the way it should be, judge is that a jury should decide how much is a fair and just

compensation for what, for what is done. >> i agree. >> thank you for being with us this evening. >> thank you. >> thank you. >> and later they're each accused of killing loved ones. jody arias and up next, if you have a cruise planned how do you know if your ship is safe? ? ♪ come sail away, come sail away, come and sail away with me ♪ so you say men are superior drivers?

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it's the power of pepto, but it fits in your pocket. now tell the world daniel... of pepto-bismol to-go. ♪ rock the boat, don't rock the boat, baby, don't tip the boat the investigation is underway into the fire that crippled the triumph that led to the cruise from hell. should this the disaster have

been avoided? dr. , thanks for joining us this evening. >> you're welcome, your honor. >> all right. does this make sense to you? reports are there were problem was the ship just weeks before it left on this cruise. what can you tell us about this? >> we know good and well there is no mystery here, you've recited quite a bit of what i would call indictment of what they've done. one fact we need to know here is that there is no regulation for cruise ships. they're not regulated by airlines as are railroads or other modes of transportation. there is no way to govern what they're doing or have leverage on them f they do fail like they've done now. >> when you say not like airlines why is the cruise ship industry so different? it's a carrier of many guests when pay to get on them, why

is there so much, or total lack of, almost, regulation of the cruise ships? >> they've gotten way so far from having regulation but there is a variety of cruise ship companies and i hope the whole cruise ship industry is not judged by this one incident. this is like walmart of cruise ships as i understand. they have lower rates and so on. so they get away with a lot more than the more sophisticated money. the question in my mind is why did this engine fail? they've had one fail before, two years ago off mexico. >> they have have the splendor this, is not unusual. they go adrift all the time. but is there any deterrent owe or punishment to these people?

making sure these ships are ready to go out of port again? >> this is a bahamian investigation now. they will not probably have leverage that you'd have if it was done by the national transportation safety board. >> doctor you were a member of the national transportation safety board. they have no jurisdiction other than to recommend changes nobody is going to punish carnival for this unless they get a class action going here with trauma and stress of not having food, fighting in lines to get them, it's like a third-world country it was. i'm hopeful maybe publicity created might cause them to do some things they should be doing. why did that engine catch fire? we need to know that. if it caught fire, why is the power on the ship focused in

that one engine? >> generator comes in the day before they go in to mobile, alabama. shouldn't they have been -- if we air drop food from foreign countries all the time and people without medication what is the problem with they're trying to get staples people need? >> it's tough to think about this. who paid for the towing back to mobile? >> we did. >> yes. taxpayers paid for that towing. they got that free. >> they ought to be forced to reimburse for that. 500s sdz hogwash, but anyway, dr. gross thanks for joining us this evening. >> you're welcome. >> and coming up, she's been on the stand weeks in her own murder trial. the jury got to hear her

having phone sex with the man she killed. that tape, right after the break and vote in our in of the sta poll. is $500 enough for cruise ship passengers? if not, what should be? tweet me or post on facebook. we're going read your answers later in the show. the show. [ male announcer ] why is kellogg's crunchy nut so delicious?

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i have never seen you do that in my life. >> yes. you have. >> no. when i have puffy eyes and taken off makeup. >> you just look miserable but hot. >> that is funny that you say

that thank you. >> it's true. thinking about it. you know? i would have like, raped you. >> this week the defense in the murder case played an hour long recording of her having phone sex with the man she admits killing their goal? to prove to the jury he was controlling and abusive. and therefore jody killed him in self-defense, i'm joined now by two people looking for very different outcomes. traf yits's friend from salt lake city and jody's friend patty joins me on the phone. dave, i'm going to start with you. you knew both jody and you were a friend of travis. what did you think of her? >> well... we never really we were nice to her because just -- . >> why? >> jody just had a suspicious

vibe about her from day one. today looking back it's easy to describe it as no soul but there is something she didn't click with our gru. we never knew about her. she didn't talk about her background. you know travis normally dated girls easy to communicate with and talk with and got along with the rest of us easily. >> looking back now, do you think that he had feelings for her? or was this just a sexual relationship? >> well, i know that travis confided in close friends that they had had some let's call morality challenges and that he was working through those trying to get through those but kept slipping up, going back to her. >> he had a morality challenge? what does this mean? >> that means is that according to the beliefs of

our church there is morality rules and some guide lines we believe are inappropriate if you're not married and he'd been messing up and violating those rules. >> does that mean you can't have interior course? shouldn't have had intercourse with her? >> yes. >> did you hear that tape recording? it was his voice something about raping jody? did that surprise to you hear that? in your friend's voice? >> you know, it doesn't surprise me from the standpoint of jodi would say things like you're so bad that is so defacing and i love it. i'm looking for a return missionary more freaky. so challenge was to travis i want a freaky guy. i want someone that can be this love slave to me and so, you know he would talk dirty to her.

and try to raise the bar and excite her more. i think they were both engaged in consensual dirty talk with each other. >> okay. all right. let's assume they were. she says travis was controlling. do you think that is the case? >> well if you listen to that tape there is no controlling in there. we have jodi on the stand now says she felt used and abused like used toilet paper and she was faking it. that is easy to say after you've had five years to sit in prison and talk to psychologists and attorneys. >> let me talk to patty. were you surprised when you heard jodi killed travis? >> yes. it was surprised when i heard that she killed travis. >> do you -- how long have you known jodi? >> since sixth grade. >> all right.

did you ever think she was capable of killing someone? stabbing them 28 times? basically almost decapitating snem. >> absolutely not. the jodi i knew would never do that. so i mean... hearing that is -- i just think it is drastic measures for jodi to do something about that. >> had she spoken to you about the relationship with the victim here? >> i'm sorry. what? >> had jodi ever spoken to you about travis? >> no. >> she never complained to you or anyone you know she was being controlled and shah that she was a victim? >> no. i lost touch with jodi about two years before the tragedy happened. >> all right. >> so have you visited her in jail, patty?

>> yes. very. >> how did she come across? jail? >> um she come as cross to me as the same jodi, very, very stressed out. you can see it's taken a toll on her. >> okay. it should be an interesting verdict. patty thanks for joining us and dave, thank you for being with us. >> thank you. >> and coming up, our justices weigh in on the arias case and later our creep of the week. who do you think it is?

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cuts set to go into effect next m f.they cannot reach deficit measures, some lawmakers are saying it could cost tens of thousands of jobs and compromise national security. gas prices continuing their upward trend, average price jumping to $5.57 a gallon. analysts claiming an increase in oil prices. experts warning national average could sore to over $4 a gallon this year. that is because they rise during late march through early may. now back to justice with judge janine. >> at the fast his bed. >> what did he do after he slammed you on the floor at the fast his bed?

>> well, it startled me. it did hurt but startled me soy kind of let out an unexpected sound i guess it could be best-described as a yelp kind of. it was unexpected soit startled me, then, impact i think he misinterpreted because he said don't act like that hurt and kicked me in the ribs. that hurt for real. >> all right. interesting lady. joining me now on the panel former assistant d.a.dan shore who ran for d.a.in westchester county. criminal defense attorney bill airenwolf and my good friend professor of psychiatry dr. john sharp from radar online has been following the trial. doc, starting with you this, woman strikes me as a cold

person who is acting but she can't act. >> she acts so well she doesn't recognize she's doing it. you look into those eyes and there is no emotion. it's a black abyss. her feeling is put away so far you can't relate to her. >> but she's not insane. they're not offering insanity because she lied so many times, right? >> this is a classic textbook case of how not to defend a client charged with murder. it is. >> why? >> well, you know most defense lawyers will tell you they don't want to put the client on the stand unless they have to. when you're claiming self-defense, have you to but don't put on the stand six days and testify about everything else except why waits self-defense. >> but they're on direct now. six days of testimony. >> you want the jury to like her, if you watch the testimony there is nothing she's staying... >> i didn't like her the first

day i saw her. >> no emotion that. is why. >> i think she's morally insane. >> i'm not going there yet. alexis, you've been in the courtroom. how does she come across? >> as just meek little girl that has been so tortured i've spoken to travis's friend met her and they say this is nothing what she's like in real life. she's acting and pretending. she was outgoing, bubbley, vie vaishus now this is a show, they said she's acting and they said she can tell she hesitates when she talks. she is trying to think of the story. >> she hasn't raised a fact in her testimony making justification claim. >> what was that line if i raped you?. >> that was during -- okay. >> but it's not okay. but it doesn't make out a self-defense claim a imminent threat of harm. he was stabbed, shot, slashed

from ear to ear. she's been talking six days like a friend telling you a long story and it's frustrating. >> one problem that you have in self-defense case is that this fellow is shot, throat was slit and stabbed 27 times that. is not self-defense that, is rage, ang skbrer lack of control. >> the camera, memory card from cram of her is being dragged across the floor. she tried to wash it in a washing machine. >> if she tells a story like patients with a severe personality disorder, like a lot of -- . >> you diagnosed her? i don't don't want to go there what that mean autos she paints this landscape but doesn't put her in it. it's this stuff. where is her action? where is her role? >> is she medicated? >> she's not overmedicated. i don't see signs of her being heavily medicated her

pathology is the sign of her severe personality problem. >> judge, likely she's going to be convicted. she needs sympathy so she's not executed. >> that is off the table since beginning the phone sex. >> i have a problem with the fact she's on the stand this long. you know, once she loses credibility with the jury, now whit gets to meat and potatoes of strog explain why this is self-defense the jury is going tune her out. >> the jury buying this? >> in in the beginning some won't look her in the eye. they have nothing. it's 11 men, one woman. >> really? >> yes. >> so jodi... >> who pick that had jury? that defense right off the bat. >> let's talk about the jury not looking her in the eye on the tape. the portion of the tape playing before her defense lawyer won't look her in the eye. >> there is a thing staring

into the abyss, the abyss stairs back at you. it's scary. >> the key thing is that she's going to talk about the day he was shot. nothing she can say would make out a self-defense claim where she stabbed him, shoots in the face, slits his throat then lies about it. >> he bought her under wear with his name on it. >> that is controlling. >> and why did she lie about it? why did she say she wasn't there? >> do you know why? because she's never been charged with something before. did you read that? >> the real reason is that they hadn't confronted her with the evidence saying she was at the scene. >> this idea of her being a victim is fascinating. on this -- her issue, her ability to kill someone she's got no criminal record.

>> she couldn't tolerate that loss. >> there is nothing saying she's capable of killing someone like this. >> right. it's frightening. >> there is some woman through no fault of her own was so fracture shed reached out and surprised with her rage. it's a crime of passion but no one saw it coming. >> yes. >> and is there anything you're able to find out about her? we're not seeing in the courtroom? >> talking about under wear there is no proof travis bought it for her. there were never pictures of her before in it. she'd never sent him a picture of. he loved naked pictures of her, nothing. only pictures after he died

that she took personally that. may be another lie. >> the man known as a blade runner faces charges of murder. is 5 hub00 for cruise ship passenger that's had to walk in a lot of snuff tell me what you think on facebook.

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♪ running on empty >> judge jeanine: south african runner oscar south african runner known as the blade runner was charged friday with premeditated murder. his girlfriend shot four times through a bathroom door early valentine's day. warning according to a south african newspaper she was killed nearly two hours after police already been called to the home to respond to reports by neighbors of an argument. back with me is my panel okay. now, we watch this guy when he was in paraolympics then in the olympics and rooted for him. what -- what do you know about him? >> he had legs amputated as a child.

it's amazing he overcame the odds to become someone who would run, run in the olympic was out having his real legs now the thing is that he's an inspirational figure because someone is larger than life and seems kind you don't know what they're like at home. they can have a violent side to them. >> so we're looking at him now on the screen. this is tremendous motivation. but there is nothing indicates in his background, is there? >> they say domestic violence incidents related to him, not arrests. >> the police said there have been reports they had to respond to related to domestic incidents. >> this woman? >> they didn't specify it. >> in the past they've been called in other instances of arguing back and forth. >> but physical? >> no.

just loud arguing and verb wallly abusive. >> police responded. >> do we know about the police responding two hours before he shot her? >> we know there are reports that neighbors her loud arguing inside. >> police have been tight lipped about had this and haven't said whether or not they spoke with her. so his argument had been it was, startled by an intruder just doesn't jive with the fact she was there and police there two hours earlier. there is probably. >> i guess they don't have foils where we can get this information. >> i was going to say there are media reports say egg was surprised by an intruder. we'll see with a he raises as a defense. >> reports coming from his camp. >> i don't believe that statement is from his camp. his camp is denying he committed intentional murder. >> from a defense standpoint

lpdz. >> do you think the police -- . >> there have been media reports as far as i'm aware they're not sourced to the police or family. >> i don't know who else would be saying it. >> media reporting. >> yes. >> defense point of view if your claim is going to be you thought it's an intruder there are problems he has to overcome. first he lived in a gated community. security guards there to keep out unwanted guests or intruders one two,, she was behind a closed bathroom door. >> i'm going to get into that when we come back from the break. to me that, is the key. shot four times in the bathroom from behind the door, and he usually fights the bad guys. our creep of the week, fighter man punches innocent moms in the face. what a creep. wh a creep. ♪ spins a web any time, can't you see, look out here comes the spiderman ♪

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after consulting with our legal legislatures we regret premeditated murder. we have no doubt here is no substance for litigation. >> under south african law a person fatally shoots an intruder must prove he had a reasonable fear there was a threat to his life. but if she was shot through a bathroom door, four times, how much of a threat could she have been? with me w.me, my expert panel. based on you know what we know about the history of oscar and

his competition, what insight does that give you? >> he's a high intensity guy, worried about home invasion. had a machine gun and a gun. he was numerous times in vehicle accidents, motor vehicle accident and so he's pumped up guy. and it's possible you know all of a sudden at night maybe he wasn't in the best state of mind he overreacted. i don't know. >> when you say wasn't in best state of mind it's not like he had an alcohol or drug problem. it's valentine's day morning. 3:00 in the morning he was arguing with someone two hours early. >> i tried to take the best possible scenario. >> talk about her, she was beautiful. and in fact she had a reality show airing tonight for the first time. she was an add skro kit for domestic violence victims does that say anything about her relationship with him?

>> they met in the fall and had been so happy. she'd been out speaken about how much she loves him because he regrets -- respects her. the fact there was a domestic violence call seems opposite of the way she condugts her life. she was going to give a speech talking about supporting rape survivors it's something nobody knew in her history but ex-girlfriends have said they did have a bad relationship and mothers of other exgirlfriendses saying they were terrified for their daughter's safety when dating him. >> what do you do? >> have you to find out what his version s i know what i want to find out is what did he could do after the shoot something did he call the police? >> my understanding is that he was carrying her down the stairs. to give her mouth to mouth. >> what was he saying? i just accidentally shot her?

i thought she's an intruder? these are things we need to know. >> we don't know whether or not he was asleep skb heard noises and he may have thought there was an intruder in the house. >> they weren't living together. my understanding is that she came over. >> maybe he didn't expect her. >> did you see he was really eem yot something. >> you tell me about that. i'd cry my eyes out to if someone was charging me with premeditated murder. >> the difference between jodi arias and this guy. >> what struck me is that he was sobbing and the judge was calming him down saying calm down, sit down. >> he's a national hero he s he's been protected for years. >> and upset. >> visibly upset. >> you know i don't know about this one yet. >> crying in court is

consistent with guilt and innocence. we don't know what that means we assume there is a presummation of innocence. >> great to have you guys here this evening. all right. now, it's time for the results of our insa poll. carnival cruise lines offered the people on board the inently named triumph a refund for the cruise, a discount on a few tour cruise and $500 we asked you is it enough? if not what should they get? viewers had to say, john, very generously offered $18 trillion to the passengers thanks john z then there is robert. what does the ceo make per day? the same for every passenger. and marianne says new bathrooms in homes to remind them of what happened. tony... carnival did more than they had to. i applaud them.

really? how about feeding them? and jeff, our society is happy, bad things happen. carnival tried to do the right thing offering $500. what about the fact that i have to pay my baby-sitter, pet sitter, and all of the package out sifd brought to me in the mail is soaked in rain? i don't think so. and frank says... they should get their heads checked and a good swift kick for good measure just for going on a carnival cruise. and now... for creep of the week. in this one has got my sting. this week, it's a case of the not so friendly neighborhood spiderman. they say, the saying goes with great power comes great responsibility. but this super hero impersonator takes pictures of tourists in times square didn't get that message.

after taking a photo with two kids this week, the creep takes a swing at the mother after she refused to give him a tip. now he faces assault and harassment charges. spiderman got power frtz bite of a radio active spied yes, maybe phillip williams was bit by a radio active priest. no matter what caused it, he takes the top spot as this week's creep. by the way, we've been reading e mails on facebook comments and tweets and haven't forgoten about benghazi and questions about 30-odd individuals there. if you know of the survivors e mail us their names and addresses let us know where they are. see you next week.

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