>> good morning. i am heather childers. >> i am heather nauert. it is monday march the 27th. thank you for watching "fox & friends first". it is time now for the top 5@5:00. the fbi is now investigating a suspicious death on board royal caribbean cruise ship. a 65-year-old d-- rather 64-year-old woman was found dead in her room by her husband as the ship was returning from baltimore -- to baltimore from the caribbean. they are interviewing the husband and other passengers.

the victim's name has not been released. >> the memoir will go on. a spokesperson from harper collins says the book plans for amanda knox has not changed despite an italian court over turning her acquittal. knox and her former italian boyfriend have been ordered to stand a new trial for the murder of her roommate meredith s kircher. her attorney saying they will not stop fighting. >> she is very strong and willing to fight again. >> knox's memoir is due out at the end of april. >> it's like a scene straight out of a movie. a kidnapped teenager slams the car she was forced to drive right into a police cruiser in order to get help. the girl was taken by florida nava. it was all over some sort of an

adoption dispute. nava told the teen to drive to the familiar lace home in philadelphia. as they headed over the bridge the teen saw the officer hit the car popping out screaming for help. nava was arrested on the spot she is facing kidnapping charges. we don't know the exact relationship between the two women. an historic change for the first time a woman will be heading the agency. julia pearson will be the new director. she has been an agent for 30 years and is the agency's current chief of staff. as current director mark sullivan announced his retirement last month following the scandal. >> how does he feel being the newest multi millionaire? there he is right there in the yellow jacket. 44-year-old pedro kazada cashing in after the $300 million power

baltic et. what's the first thing he he is going to buy? >> is there something you would like to purchase right now? >> yeah, a car. >> what kind of car do you drive right now? >> what kind of car do you drive right now? >> my feet. >> he is retiring from his job at the family's convenience store. that is your 5@5:00. >> the supreme court justice turning the focus to the case on the defense of marriage act today. this comes one day after hearing about the ban of same-sex marriage in california. we have the latest from washington. good morning elizabeth. >> for the second day in a row the court will hear charges on same-sex marriage cases. the defense of marriage act passed back in 1996. it basically determines whether

congress has the ability to withhold federal benefits such as tax savings or social security payments even medical leave for married gay couples. >> they would do this guy defining marriage between a woman and a man. they refused to defend the law and they deemed it unconstitutional to deny any benefits to same sex couples who are legally married. tuesday's argument on proposition 8 focus on those who simply want to marry. >> we don't prescribe law for the future we decide what the law is. when did it become unconstitutional to exclude homosexual couples for marriage. 1868 when the 14th amendment was

adopted. ruling options we will most likely hear in june. if they uphold proposition 8 and gay marriage is not a constitutional right it would leave it in the hands of the state. it could be dismissed an sent back to california supreme court. they challenged one of the attorneys to prove how same sex couples harm state interests. >> what harm you see happening and when and how, what harm to the institution of marriage or to opposite sex couples, how does this cause and effect work? >> nine states including the district of columbia allows same-sex marriages the ruling will be history cic and justice said it is very much unchartered territory. >> elizabeth pran live for us from washington this morning.

>> hi there maria. what's going on this morning? >> cold temperatures. 15sh 20 degrees below average. like we mentioned yesterday we are going to slowly start to see a little bit of a warm-up adds we head into the next couple days. some will be closer to average or a little above even. right now it is a cold, cold morning for you in the city of atlanta. 21 degrees is the current windchill only 32 in ralle -- raleigh. >> kansas city, minneapolis, chicago, cleveland feels like 38 degrees in new york city. because it's so cold out we are talking concerns about freeze warnings in effect across carolinas and as far west as eastern portions of texas. we have frost advisories as far south as parts of south florida.

incredibly chilly out there this morning. you can be waking taupe frost on your windshield in florida. we have areas of showery weather this morning. we are not expecting major snowstorms. we will keep our fingers crossed it is over. we have lirnging showers across west virginia, virginia and even down into parts of north carolina. nothing significant. we don't have any winter storm warnings in effect. you are looking at maybe an inch of snow possible still across western parts of the state of north carolina. we have a couple of showers across nebraska and kansas and showery weather as well, where else? seattle. >> maria molina we will check with you later. >> stories you can bank on. the healthcare overhaul is only now being revealed. we will tell you why individual insurance costs could sky rocket. joining us now from the fox business network lauren simonetti.

a lot of people who don't have insurance by individual market and that price is supposed to go up. >> on average 32 percent. medical claims costs will rise 32 percent for individual policies that comes from a study by a financial risk analyst. in some states the increase will be a lot more than 32 percent 80 percent for ohio 67 percent for maryland 62 percent for california. the reason is very simple. higher spending on those groups will overwhelm the influx of the young and healthy who mr. soon be buying insurance. the white house says it does not take into account things like tax credits or those who are looking at the share of the six. even price cutting we can see as a result of competition or the insurance markets. open enrollment begins soon this fall. >> the issue is those individuals will see the costs go up regardless of the reason why. >> each state has an eninsurance

commissioner that often appointed by the governor and that improves the rate increases. >> very, very tricky. >> second topic we are talking about airlines any flier knows the airplanes are higher than ever. >> a record number of seats sold last year at the same time their fair went up. the first nine months in 2012. passengers have experienced fewer fuller more expensive flights for a few years now. don't expect space or discount any time soon. >> you love the middle seat. hate it. hate it. >> what do you have going on out there? it's time to brew on this. you can have bunnies apparently just don't put the word easter in front of it. heritage elementary banning

easter from the activities to keep in the interest of religious diversity they say. they planned an academic egg hunt but the principal squashed the idea. >> kids love the bunny and we just try to make sure we don't say the easter bunny so we don't infringe on the rights of others. people relate the easter bunny to religion. >> in a compromise the hunt will go on just with different shapes according to the district. there is no policy in place regarding the observance of religious holiday. is the school over reacting or being fair to all? shoot us an email at foxfriendsfirst@foxnews.com. 10 minutes after the top of the hour coming up next brand new allegations that crucial allegations were lost.

did this case cost us to lose de intelligence on al qaeda? but it is the video you have to see this morning. the rescue was all caught on camera after a truck catches fire.

>> brand new allegations that intelligence was lost bringing osama bin laden's son-in-law to trial in the united states. the obama administration push to conduct trials of suspected terrorists mourn soil is already extremely controversial. some lawmakers want to know if this case cost us a chance to learn more about al qaeda and iran. ainsley earhardt is here with more on that. >> sending a very direct letter to the president questioning his handling of the trial of osama

bin laden's son-in-law. the letter sent from the house chairman expressed quote grave misgivings about the president's decision to rush the senior al qaeda member to a criminal court in trial rather than interrogate him. he maintains a very close relationship with osama bin laden. after 9-11 fled to iran. the committee chairmen believe he has information about al qaeda's relationship with iran the evolving strategy and capability. the letter reads quote the failure to provide accurate mechanism for sensitive intelligence information prior po mir ran dieing him and bringing him to criminal court suggests a fundamental lack of a coherent security strategy. ed royce of foreign awares, bob gulath of judiciary and mckee an

of armed services are demanding a briefing from the national top intelligence officer james clapper alomong others to expla why the administration was so confident they got everything they could from him. >> i found in visiting guantanamo tan min visiting afghanistan we have ways of getting information. we have people highly trained and can sit down and get these people's confidence and they learn a lot or can learn a lot unless we shut them off with attorneys. >> prosecutors presented a 22 statement about him this month. congressman mckeon said he has not been briefed on the content so it is not known if anything what he provided to investigators before he read his rights. >> thank you ainsley. it's like the movie fight club. ya'll remember that one. this is actually happening in real life.

students at one high school in the state of new jersey are taking videos of each other fighting and then they are up loading those videos on to facebook. wnwy is in bridgewater this morning with the latest on this disturbing social media trend. what do we know? >> good morning, heather? remember the movie first club, you don't talk about fight club. people are talking about it. that's what's getting everybody in a lot of trouble this morning. there were five videos posted on a facebook page entitled bwfb site. these videos range in topics some are cafeteria brawls others are fights outside of the schools. a few involve fist fights with girls. as of 2:00 a.m. this page generated 860 likes and over a thousand comments. some people were encouraging these students to fight more others were krit siding the

school for encouraging -- or allowing this type of behavior to continue. the school says they have no jurisdiction over facebook. they can only suspend the students if they are able to identify them. that's the latest from bridgewater this morning. >> teresa, thank you so much. hope they put an end to that. thank you. the time now is 18 after the top of the hour. coming up, against gun control laws? then you might not get a raise. that's why one sheriff says lawmakers are doing just that. >> he is only 2 years old but this little guy has mastered the art of picking a lock. you can see him right there. we will tell you about this adorable bedroom bandit and what he is up to. [ male announcer ] wow. a brave choice.

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>> it is 22 minutes after the hour. here's a quick headline for you. obey or no pay raise for you. colorado lawmakers are threatening the salaries of several pro gun sheriffs because they oppose strict gun control laws. senate democrats say the pay hold is about the economy and not the issue of gun control. ford issuing a recall on 3,500 vehicles to repair fuel tanks. the 2012 lincoln exams. some of the tanks themes may not have been properly molded in the first place. if there's a crash the tanks may leak. there have been 6 reports

happening so far. heather? >> thank you, heather. it has italy's top appeals court overturned in the acquittal of the murder of her roommate. what's next? could knox be sent back to italy? let's ask attorney and former homicide prosecutor elliot selig. thank you for joining us. >> pleasure to be with you. >> the judge overturned the ruling but moving it forward italian law doesn't force her to go back. but there's something called the u.s. italian extradition treaty. could that mean she has to go back? >> bottom line heather i don't think amanda knox will ever again see the inside of an italian cell. they have an extradition treaty. it has been in effect in 1984. the existence doesn't mean someone is going to automatically sent back. all it means is the legal framework exists to potentially send someone back. even if she is convicted again

even if the italian supreme court up holds the conviction and even if the italian government makes a formal request to have her extradited the fact that the u.s. can still oppose that extradition she can fight extradition and the authorities won't extradite her unless among other things that probable cause exists to believe she is guilty of this crime. >> let's talk about that. initially there was a lot of questions about probable cause the evidence presented in the case. why do you think it was overturned? >> we won't know for certain why until the supreme court issues the writ continue decision. however based on the arguments raised it seems the decision will focus on the quality and reliabili reliability, the appellate or intermediate has gone too far in the dna evidence it should be given in some way that should be the focus of the supreme court

decision and probably be the focus of the new intermediate trial. >> you don't think there's any new evidence discovered? >> i can't get over the fact this other guy has been convicted of this crime. his dna was every where. his bloody palm prints were every where. he has a long criminal history of violent crimes involving knives and there has never been any real link between this gentlemen and amanda knox and her boyfriend. >> amanda knox is here in the u.s. her boyfriend in italy. he's the one that has to be things to be concerned about. >> he has a lot more to worry about. if he gets convicted he's going to prison. >> thank you elliot so much for joining us this morning. appreciate it. >> my pleasure. >> we will see what happens. >> the time is 25 after the top of the hour. coming up it is the video of the day. or is it? a heroic rescue all caught on camera after a truck catches on fire. we will tell you how this story ended. and then he is known as the

bedroom bandit. he is only 2 years old. what this adorable little guy has been up to. but first on this day in history back in 1939 march madness was born. the university of oregon defeated ohio state university to win the first ever ncaa men's basketball tournament.

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>> good morning. welcome to "fox and friend first. it is half past the top of the hour. the top five stories making news for you at this hour. he has kept a low profile since resigning as cia director. last nitrogen rale david petraeus returned to the public arena apologizing for the affair that led him to step down. i join you keenly aware i am regarded in a different light than i was a year ago. let me reiterate my remarks about the circumstances that led to my resignation from the cia and caused such pain for my family, friends and supporters. >> the event at the university of southern california honored

veterans and the school's rotc program. he's a controversial professor who ordered students to stomp on pieces of paper that had jesus' names written on them. rick scott is demanding an investigation into the classroom lessons so to speak. the governor said the incident gave him great concerns over the lessons being taught. we learned florida atlantic university will not punish the stude student. he was infiitially suspended fo not participating and he reported him to the school. virginia will require all voters to have photo id. they signed the bill he and others say is a safeguard against voter fraud. democrats strongly oppose this move. virginia joining four other states that have strict photo id requirements in place for

elections. >> three ohio cops pulling a man from his burning truck. what you are about to see will make you feel like you were actually there. >> that was a police department in euclid, ohio testing a new camera that they clipped on to someone's glasses. one of the officers wearing that gadget when they arrived at the scene. >> i want people to be able to see from my vantage point what i can see. >> one of the things you don't think about when you are doing it but you sit back after and go that could have been a lot worse. >> the man in that truck was treated for smoke inhalation but is expected to be just fine. >> check out this video, a bedtime bandit caught red handed every night this 2-year-old boy he sneaks out of his room and breaks into his older sister's to steal her toys. when she started locking her door he decided to get a little

creative. here he uses fingernail clippers to pick the lock. once the door is open he hides the evidence then he sneaks into her room eventually reemerging with the coveted pillow pet. the boy's parents were so impressed by the skills they let him keep the toy at least for one night. that is your 5@5:30. >> ingenious little guy. one of may toddlers did something like that, too. >> the supreme court takes on the second same-sex marriage case. this time it is questioning federal law. the justices considered whether california's gay marriage ban was constitutional. doug luzader is covering it for us. he's live in washington with more. >> the court is going to look at how the federal government views gay marriage specifically the defense of marriage act. weather that violates the constitution. it will no doubt be another boys

strus crowd outside of the court today. for all of the emotion out there. any one looking for a sweeping victory from either side may leave disappointed. inside the court yesterday the justices took up california's ban on same-sex marriage. the ideological lines were there but there was this under current of doubt as to whether the court should even take this matter up or leave it to states in lower courts. justice elain yaw kagen asking questions for advocates of same-sex marriage. >> what harm you see happening and when and how and what harm to the institution of marriage or to opposite sex couples, how does this cause and effect work? >> chief justice john roberts asked whether it was simply a matter of labels and changing their meaning. >> if you tell a child that somebody has to be their friend, i suppose you can force the child to say this is my friend, but it changes the definition of

what it means to be a friend. that seems to me what the orders of proposition 8 are saying here. all you are interested in is the label you insist on changing the definition of the label. >> as is so often the case of the court many eyes were on justice anthony kennedy seen as a potential swing vote. he did question whether the courts should intervene at all. he brought up the children of same sex couples. today the court essentially hits a reset button as it moves on to the second case. part of the question will be the same. whether they should be considering the case at all. heather. >> doug luzader in washington, thank you so much. it is time to take a look at who is talking. we are hearing from dr. ben carson. he 1 made head lanes after his speech at the national speech in front of the president. he has received high praise from people lately. >> with that comes the

criticism. he has seen his fair share of that from the left. he addressed the attacks and revealed what he thinks is behind them. >> i think when people don't have anything worth while to talk about and they can't attack you on your character they start calling you names. this is a trick that we learned back in the third grade. it's an attempt to bluj on people into silence. it works extremely well. i can't tell you how many people come up to me afghrican america and nonafrican americans and say thank you so much for speaking out. they obviously feel the same way but they are afraid to speak out because they don't want to be ostracized. in my case i don't care what they have to say. i care what god has to say. i care about the principles that he has espoused. i like to say the reason i don't talk about race this often is i am a neurosurge done. i look at the thing that makes

them the person they are. it's not the cover. for them the cover is everything because they are very superficial thinkers. before you leave the house this morning let's get your first degree weather update today. >> hi maria. it may be spring but it sure doesn't feel like it. >> it is still not feeling like it across the eastern half of the country. talking temperatures 15-20 degrees below average for this time of the year. take a look at the current temperatures that we are waking up to in atlanta. it is colder in atlanta than it is across most of the northeast. 30 degrees out there. you factor in the freeze windchill is 21 degrees. it feels like 21 in atlanta this morning. we are heading into april and you are still looking at temperatures below freezing only in the teens this morning in rapid city. 27 degrees in the city of minneapolis. in denver you are a little warmer this morning than you were yesterday. 29 degrees right now. because it's so cold across parts of the southeast we have a number of freeze warnings in effect. frost advisories so it is not

time to plant the flowers just yet. good news if you live in atlanta we are looking at the morning lows to begin to warm up over the next several days only in the 50s this weekend. afternoon high temperatures into the 60s and as far as any rainfall or any storm systems go we don't have really anything too significant. just a couple of showers here and there. >> thank you maria. >> hopefully spring will arrive soon. it is time to entertain this. justice bieber's temper may have gotten him into trouble. the pop star is being investigated for battery now. the neighbor is accusing the 19-year-old of getting physical with him following a heated argument outside of his home. what is this all about? he wasn't happy about bieber speeding up and down the street in his ferrari. understandable. singer dion warwick filing for bankruptcy. she owes more than $10 million in back taxes. publicist blaming mismanagement by her handler for her current

financial load. is dancing with the star elimination bombshell no one saw coming. >> taking the advice of my spine surgeon and i need to withdraw from the competition. i have an injury that could be irreparable. >> former olympian dorothy hamill decided to drop out of the competition rather than risking further injury to the spine. i liked her on that show, too. >> now tame for your starting lineup. top sports stories for you this morning this new nike ad of tiger woods causing major controversy. the question the caption reads winning takes care of everything. tiger woods world number one. that refers to tiger reclaiming golf's top ranking. critics says that winning over takes all of the marriage mistakes tiger made.

>> criminal charges in spain. reports say officials are looking into whether armstrong and associates submitted crimes based on his drug doping. it is not a crime to use performance enhancing drugs but drug -- oo >> why is president obama ignoring major concerns from immigration agents? this guy pulled off one of the largest ponzi schemes in history. we are talking about gebernie madoff. why he says the banks knew all along what's going on giving exclusive details with adam shapiro.

an apa finally to china. take a look at this. a lamp post crashes down on a bus and nearly takes out that driver. amazingly he was able to get up and then the passengers off the bus. what a guy. >> a ponzi scheme of bernie madoff speaking exclusively to

fox telling them what was up to. all of that in an e-mail adam shapiro to joins us now with more. >> we were talking about this in the hallway. a very interesting e-mail with madoff. >> it is clear. i am going to read you the e-mail. what madoff said to us first i am giving you permission and want you to talk about it my first interview to the media i said the banks must have known and were complicity and contributing to my crime. i have offered the bankruptcy trustee the information i possess that would demonstrate in detail their complicity behavior of banks jp morgan chase, citicorp, bank of ny, hsbc i am overing this information to the appropriate governmental committees in the hope that this proves helpful in future regulation of the

appropriate institutions. we have reached out to everybody involved. the banks deny it. the trustee sent us a statement. it is the trustee's position that as perpetrator of the largest ponzi scheme in history madoff's credibility is highly suspect and has no substantive value. heather? >> thank you very much. we appreciate it. did want to mention the u.s. treasury department did disclose in january that they are investigating jp morgan's dealings with madoff. we will see what happens. >> interesting. the time now is about 10 minutes until the top of the hour. 15 actually. coming up next on "the rundown"" spring is in the air that means a tough time for asthma sufferers. it is all in your head? we are de bunking the top medical myths about the disease. >> we will tell you about one tsa agent who sent several of his co-workers to the hospital. he was playing with pepper

spray. details are next. >> first let's check in with ryan kilmeade to see what's coming up on fox and friends. he's always tempted to use pepper spray. >> so much fun. hard putting it down once it is in your hands. we will talk about that later maybe in the break. i will tell you what's coming up on "fox & friends." mike rogers talking about secret training centers in jordan. training rebels to go fight in syria. we will examine that. petraeus comes out front and center on stage. new york auto show on our plaza. doctor keith ablow we will find out who is normal who is nuts. i am pulling for gretchen. dave ramsey knows a lot about finances. hope he helps us. all coming up on "fox & friends." look what mommy is having.

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>> 10 minutes until the top of the hour. time now for quick headlines. the head of the immigration and customs enforcement union chris crane saying president obama is rushing into immigration reform without exploring all angles. crane says the president has not responded to his letter six weeks ago requesting ice agents meet and discuss immigration reform before congress passes legislation. it could be a break through for the justice system. a new study says that brain scans of criminals are able to detect whether they will reoffend or not. researchers in albuquerque say criminals with lower activity in the section that deals with decision making have a three times higher chance of being arrested again. heather? >> thank you so much. spring is in the air. folks with asthma may not be too happy about the changes in season more people are suffering from asthma than ever before. there are misconceptions about what is fact and wihat is fiction. here to tell us about it is

dr. mark seigel. >> this is a serious issue. it can be deadly. >> absolutely. that is a fact. that's our first fact today. this 25 million sufferers 3,000 a year approximately according to the cdc die from asthma. most of that is preventable. most people the vast majority of people that have asthma it is a mild condition but if you are having severe symptoms you better watch it because you can have a problem in a hurry where you can't catch your breath. bronchodilators work sometimes steroids are necessary. >> those who die from it are they typically people who don't have asthma or they don't have their equipment ready? >> it's the second one. usually people have it it happens very severely all of a sudden they can't get their treatment they can't get to the er pafast enough. >> can you outgrow it? c it go away? >> you don't have symptoms. you might have it in your childhood. i will know something might

trigger it later on when you are an adult. >> such as? >> there are 7 million kids have it. something in your environment, smog an will gallergy you sudde get, sometimes stress. different things trigger asthma. it is an inflammation of the airways of the lungs. >> why is it worse than before? >> i think smog is a reason. i think there are more allergies than ever. also there's more things that are irritating our lungs than ever before. >> you also talk about exercise and exercise can exacerbate a problem with that. >> that is a fact. there was a story this week of someone that got severely ill that didn't know they have asthma. you can have exercise induced asthma without knowing it. you have to be tested for it. if you know you have it you take a bronchodilators to open up your airway brothers you ever exercise. it can be the only time you get asthma. >> how do you know you have asthma or just a bad cough? >> bad cough a cough for more

than 8 weeks is one of the most common reasons that people come to see me in the office. you know what? 25-30 percent of the time it's asthma. so i am looking for everything under the sun it may be asthma. cough variant asthma the only thing they have is the cough. i have to do pulmonary function tests i have to test for it sometimes i can treat them with a medication called singular to get rid of it. >> good reason to go if you have a lingering cough. it's a bad cold season, too. >> that can bring on the asthma. >> it is 54 minutes after the hour. coming up how this does thone happen? the driver of the suv goes through the front of a strip mall. the whole thing is caught on camera. it's your last chance to answer our question of the day. public school banning easter from its activities. we want to know if the school ore reacting or does it seem fair to all? we will read your e-mails coming up next. come on, nowadays lots of people go by themselves.

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>> two minutes before the hour. before you leave the the house, here's what's going on today. the supreme court is taking on its second case on same-sex marriage. it will hear arguments for the defense of marriage act. florida governor rick scott launching a probe into a class lesson at florida atlantic university. that lesson involving stomping on pieces of paper with jesus' name written on that paper many oscar pistorius' brother carl is expected back in court to stand trial for murder accused of driving recklessly and killing another driver in 2008. >> two minutes till the top of the hour as we take a look at the good, the bad, and the ugly. up first, the good. this massachusetts man was told that he would have to wait four to eight years for a kidney donor but found one himself on facebook within 90 minutes. the couple started talking and scheduled the lifesaving surgery for april 2. up next the bad.

this s.u.v. crashing through doors of a clothing shop in california. the driver says she's not sure how the accident happened. no one was hurt and the store has been reopened for business. >> finally the ugly. another embarrassing incident for the t.s.a. an agent at kennedy airport in new york was apparently playing around with pepper spray and sprayed five other agents. all six were sent to the hospital according to "the new york post." security checks were reportedly halted for 15 minutes. >> time for your brew on responses. earlier we told you about an elementary school banning the word easter from school activities because they say it infringes on others' religious rights. >> we asked you is the school overreacting or being fair to all. bill writes it has gotten so ridiculous, soon easter, christmas and passover will be added to the seven words you can't say on television. >> david tweeted how is it in the interest of diversity to not allow